Cover image for Corporal Punishment of Children : A Human Rights Violation.
Corporal Punishment of Children : A Human Rights Violation.
Title:
Corporal Punishment of Children : A Human Rights Violation.
Author:
Bitensky, Susan.
ISBN:
9789047431169
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (450 pages)
Contents:
Acknowledgments -- Introduction -- Chapter I: Corporal Punishment of Children Inherently Has Attributes That Are Morally Objectionable -- A. Corporal Punishment of Children Is, by Definition, the Gratuitous Intentional Infliction of Pain on Children's Bodies for the Purpose of Modifying Behavior -- B. The Helplessness of Children Who Have Undergone Corporal Punishment Is Unfair as Unequal Treatment in Comparison to the Legal Recourse Available to Adults Who Have Been Hit -- C. Corporal Punishment of Children May Cause Serious Harm, Beyond the Infliction of Bodily Pain, Both During Childhood and Later in Victims' Lives -- D. Corporal Punishment of Children May, When Those Children Reach Adulthood, Predispose Them to Commit, Acquiesce in, or Fail to Protest the Victimization of Others -- Chapter II: Corporal Punishment of Children Violates International Human Rights Laws -- A. U.N. Convention on the Rights of the Child -- (i) The Children's Convention as a Whole -- (ii) Provision Protecting Against Violence -- (iii) Provisions Regarding School Discipline -- (iv) Provision Prohibiting Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment -- (v) Provisions Protective of Dignity -- (vi) Provision Regarding Traditional Practices Prejudicial to Health -- (vii) General Thematic Principles of the Children's Convention -- (a) General Principle Against Discrimination -- (b) General Principles Regarding the Best Interests of the Child -- (c) General Principle Regarding Adult Guidance of Children in the Exercise of Their Rights Under the Convention, and General Principle Regarding Children's Participation in Matters Affecting Their Lives -- (d) General Principle Protecting Survival and Development -- B. Other International Human Rights Instruments -- (i) Provisions Protective of Dignity.

(ii) Provisions Against Torture or Cruel, Inhuman, or Degrading Treatment or Punishment -- (iii) Provisions Protective of Personal Security -- (iv) Provisions Protective of Privacy -- (v) Provision on the Right to Social and Economic Protection -- (vi) Provisions Protective of Physical and Mental Health -- C. Summation -- Chapter III: Domestic Laws of Countries Absolutely Prohibiting All Corporal Punishment of Children -- A. Enactments -- (i) Sweden -- (ii) Finland -- (iii) Norway -- (iv) Austria -- (v) Cyprus -- (vi) Denmark -- (vii) Croatia -- (viii) Latvia -- (ix) Germany -- (x) Bulgaria -- (xi) Iceland -- B. Judicial Decisions: Israel -- Chapter IV: Domestic Laws of Countries Prohibiting All Corporal Punishment of Children: The Peculiar Situations of Italy and Portugal -- Chapter V: Examples of Domestic Laws of Countries Permitting Some Corporal Punishment of Children -- A. The United States -- B. Canada -- Chapter VI: The Utility of Law in Ameliorating Adverse Outcomes Associated with Corporal Punishment of Children and in Ultimately Eliminating Such Punishment -- A. Addressing the Potential Downsides in Using Law to Abolish Corporal Punishment of Children -- B. A Legal Prohibition on Corporal Punishment of Children Serves as a Societywide "Enlightened Witness" that May Assist Children in Avoiding Repression ofAnger -- C. A Legal Prohibition on Corporal Punishment of Children Preserves Hard Won Lessons About the Value of Humane Treatment of Children -- Afterword -- Bibliography -- Cases -- Treaties and International Declarations -- Index.
Abstract:
The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children and examples of the domestic laws in the countries that still permit some physical chastisement of children.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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