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Samenvatting Artikelen en college aantekeningen week 1
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Children’s rights: bescherming van kinderen tegen geweld week 5J. Durrant (2018), ‘The global movement to end all corporal punishment’ in: G. Lenzer
(Ed.) Violence against children. Making Human Rights Real. (chapter 4), p. 64-85. (Zie
Brightspace)
The past 40 years have witnessed a global transformation in conceptions of corporal
punishment of children form parental duty to human rights violation.
1970 corporal punishment was common in schools and homes in every region of the world
and most countries’ laws allowed and promoted its use. Corporal punishment’s legitimacy
was almost universally entrenched.
Today corporal punishment is increasingly viewed as parental aggression, a criminal assault
alongside other forms of family violence, and as such breach of children’s rights.
1979: Sweden prohibits Corporal Punishment of Children by Parents
In Canada the law permits corrective force and is found in the section of the criminal code.
The writers of such laws were attempting to carve out a zone of legitimate non-violent
violence that could be invoked by teachers, parents, justice officials and/or others as a defence
against charges of assault against a child.
A historic turning point occurred in 1979 when Sweden became the first country to explicitly
prohibit corporal punishment in all settings, including the home. By doing so, Sweden
radically shifted the lens through which we view corporal punishment form the adults eyes to
the child’s.
This law was the first in de world to address corporal punishment form the child’s perspective
and the first to prohibit corporal punishment in the private sphere of the home. The essence of
this law ensured that children would enjoy equal protection under the law on assault.
1989: UN General Assembly Adopts the convention on the rights of the child
In 1978 Poland proposed to the UN a human rights treaty specifically focused on the rights of
children. On 20th november 1989 the CRC was adopted.
The preamble of the CRC asserts that recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice
and peace in the world and art. 19.1 requires protection from all forms of violence.
Governments that have ratified the CRC are required to submit a report on their progress
towards full compliance to a monitoring committee. The committee responds to each report
with concluding observations that recognize progress made and identify areas requiring
action.
The committee was particularly critical of laws that allowed some level of violence against
children, in the form of reasonable or moderate correction.
After a lot of research it could not yet be determined whether child aggression elected or was
elicited by corporal punishment.
, It also was during this decade that children’s views of corporal punishment began to be
documented. Willow and Hyder (1998) interviewd 76 children between the ages of four and
seven in the UK to explore their feelings about smacking. This study revealed for the first
time the impact of corporal punishment from children’s point of view.
The 2000s a landmark decade
In the early 2000s many governments around the world were required to examine their laws
and policies including on corporal punishment through the reporting process under the CRC.
By 2009 20 more countries had prohibited all corporal punishment of children.
The UN committee on the rights of the child issues decisive documents
Much of the momentum gained in this decade of change was attributable to mounting
pressure from the committee. The committee also identifies cross-cutting themes that emerge
from these reports and issues General Comments providing guidance in the interpretation of
CRC articles.
In 2006 the committee issued its 8 General Comment on the right of the child to protection
from corporal punishment and other cruel or degrading forms of punishment. It draws no line
between punishment and abuse. Rather, it includes the full range of forms, intensities and
frequencies of corporal punishment, identifying all of them as violence and rights violations.
The UN secretary-General’s global study on violence against children is launched
In 2001 the UN Secretary General was asked by the General Assembly to conduct an in depth
study on the question of violence against children and to put forward recommendations for
considerations by member states for appropriate action. The report’s recommendations
included a call for immediate prohibition in law of all corporal punishment, along with clear
guidance on implementing such laws in line with children’s best interest, and promotion of
positive non-violent relationships with children.
European bodies call for full prohibition of corporal punishment of children
Pagina 9
2. T. Liefaard, J.E. Doek J.E. & K.G.A. Bolscher (2016), ‘Vooronderzoek Juridisch kader in
situaties van geweld tegen kinderen’, in opdracht van de Commissie Vooronderzoek naar
geweld in de jeugdzorg, Universiteit Leiden, afdeling Jeugdrecht, p. 65 t/m 85, 1
3. Constitutional Court of South Africa, 18 September 2019, Freedom of Religion South
Africa v Minister of Justice and Constitutional Development and Others, 2019, ZACC 34.
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