NCJ Number
187522
Journal
Child Abuse Review Volume: 9 Issue: 6 Dated: November-December 2000 Pages: 416-426
Editor(s)
Margaret A. Lynch,
David Gough
Date Published
2000
Length
11 pages
Annotation
Current understanding of domestic violence in the United Kingdom has traditionally excluded children, and popular support for parental use of physical punishment when disciplining children continues.
Abstract
There is a prevailing view that physical punishment of children is not violence but rather can be used sparingly with love and as a necessary form of discipline of last resort. Moreover, there is powerful cultural reinforcement through language, legislation and practice that physical punishment of children does not equate to violence, even where a directly comparable assault on an adult would constitute a criminal offense. The right of parents to use physical punishment as a means of disciplining children has significant popular support in the United Kingdom, although the extent and frequency of the use of physical punishment have declined in recent years. Further, there is a common law defense for parents of "reasonable chastisement" against a charge of assault with respect to their children. This defense means that the law permits the perpetration of violence against children. International human rights law has taken a stronger stand than either United Kingdom or European law in protecting the rights of children. Article 19 of the United Nations Convention on the Rights of the Child addresses the right to protection from violence. In addition, a significant body of research highlights the harm associated with physical punishment. The author concludes that government officials in the United Kingdom should change existing law to protect children from all forms of violence, that the legitimacy of hitting children should be negated, and that non-violent means of resolving conflict should be encouraged. 13 references