Ending Corporal Punishment - Swedish Experience of Efforts to Prevent All Forms of Violence Against Children and the Results - Global Initiative ...
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Ending Corporal Punishment Swedish Experience of Efforts to Prevent All Forms of Violence Against Children and the Results Ending Corporal Punishment 1
2 Ending Corporal Punishment
Ending Corporal CONVENTION ON THE RIGHTS OF THE CHILD Punishment 10 YEARS Ending Corporal Punishment 3
Ending Corporal Punishment Publisher: Ministry of Health and Social Affairs, Sweden Ministry for Foreign Affairs, Sweden Author: Barbro Hindberg Graphical production: Ingmarie Holmegard Printed by: Graphium Västra Aros, January 2001 This publication can be ordered at the Ministry of Health and Social Affairs (Social Services Division), SE-103 33 Stockholm, fax +46 8 10 36 33 E-mail adress: registrator@social.ministry.se. Article. no S2001.015 4 Ending Corporal Punishment
Contents Preface 7 Corporal punishment and legal history 10 The passing of the law against corporal punishment 11 Not just corporal punishment 13 A provision to create opinion 13 Strong support in Sweden for the ban on corporal punishment 14 Progressively fewer children beaten 15 Consequences of corporal punishment 17 Child rearing in different cultures 18 1. Authoritarian upbringing 19 2. Authoritative pattern 19 3. Permissive pattern 19 4. Indifferent pattern 19 Attitudes to corporal punishment in various countries 20 The UN Convention on the Rights of the Child 22 Concluding remarks 23 Ending Corporal Punishment 5
6 Ending Corporal Punishment
Preface the protection of children from violence expressly: Article 19 requi- res states to take: The childs right all appropriate legislative, not to be beaten administrative, social and educa- tional measures to protect the Corporal punishment of children child from all forms of physical often becomes inhuman or degra- or mental violence, injury or ding, and it always violates their abuse, neglect or negligent treat- physical integrity, demonstrates ment, maltreatment or exploita- disrespect for human dignity and tion, including sexual abuse, undermines self-esteem. The fact while in the care of parent(s), that it is seen as permissible to ill- legal guardian(s) or any other treat children in manners which person who has the care of the would not be allowed in relation child... to adults, breaches the principle of equal protection under the law. Given the holistic nature of the Children have had to wait until last Convention, various other articles to be given legal protection which reinforce the childs right to physi- the rest of us take for granted. It is cal integrity and protection of his or extraordinary that children, whose her human dignity. The Preamble developmental state and small size recognizes the inherent dignity and is acknowledged to make them equal and inalienable rights of all particularly vulnerable to physical members of the human family. It and psychological injury, should be also affirms that precisely because singled out for less protection from of their physical and mental imma- assaults on their fragile bodies, turity, children need special safe- minds and dignity. guards and care, including appropri- ate legal protection. Article 37 These arguments surfaced in the requires protection from torture or late 1970s in Sweden, in particular other cruel, inhuman or degrading after a shocking case became treatment or punishment. Also, the known about a child beaten to State must ensure that school disci- death by her own stepfather. They pline is administered in a manner formed the basis for a movement consistent with the childs human for the protection of children dignity and in conformity with the against such assaults. The Parlia- rest of the Convention (Art. 28). ment (Riksdag) responded by ban- States must recognize the right of ning corporal punishment. This the child to the highest attainable publication is about that discussion standard of health and take all and what happened after the decisi- effective and appropriate measures on. with a view to abolishing traditional practices prejudicial to the health The Convention on the Rights of of children (Art.24). the Child deals with this issue. The Convention is the first international It is not surprising, therefore, that human rights instrument to address the Committee on the Rights of the Ending Corporal Punishment 7
Child has consistently stated that ce, they agreed that zero tolerance legal and social acceptance of cor- is the only possible target. poral punishment of children, whether in their homes or in insti- Also other UN human rights moni- tutions, is not compatible with the toring bodies have taken up the Convention. The Committee has issue. The Committee against Tor- recommended prohibition of all ture has stated that corporal pu- corporal punishment, including in nishment is inconsistent with the the family, and has suggested cam- Convention against Torture and paigns to raise awareness of the Other Cruel, Inhuman or Degra- negative effects of corporal punish- ding Treatment or Punishment. The ment and to encourage the deve- Human Rights Committee, which lopment of positive, non-violent oversees implementation of the child-rearing and educational prac- International Covenant on Civil tices. and Political Rights, emphasized in General Comments issued in 1982 As early as 1993, the Committee and 1992, that the Covenants bar recognized the importance of the on inhuman or degrading treatment issue of corporal punishment in and punishment (Art. 7) must improving the system of promotion extend to corporal punishment, and protection of the rights of the including excessive chastisement child and decided to continue to ordered as a punishment for a devote attention to it in the process crime or as an educative or discipli- of examining States Parties reports. nary measure. The Committees Guidelines for Periodic Reports ask whether legis- Ten countries, so far, have explicitly lation (criminal and/or family law) banned all corporal punishment of includes a prohibition of all forms children. In addition, Italys Supre- of physical and mental violence, me Court has outlawed it, but this including corporal punishment, is not yet reflected in statute. In deliberate humiliation, injury, abu- Finland, the ban on corporal pu- se, neglect or exploitation, inter alia nishment formed part of a compre- within the family, in foster and hensive reform of childrens law. other forms of care, and in public The Child Custody and Right of or private institutions, such as penal Access Act 1983 begins with a sta- institutions and schools. tement of positive principles of care for children, and continues: A child Just as the Committee on the Eli- shall be brought up in the spirit of mination of Discrimination against understanding, security and love. Women has been preoccupied with He shall not be subdued, corporally domestic violence to women, so the punished or otherwise humiliated. Committee on the Rights of the His growth towards independence, Child is now leading the challenge responsibility and adulthood shall to violence to children. When re- be encouraged, supported and assis- presentatives of these two Commit- ted. Here again, the reform in fa- tees met in 1998 in Geneva to mily law puts beyond doubt that discuss action against family violen- the criminal law applies equally to 8 Ending Corporal Punishment
assaults committed against children for their person and individuality by parents and other carers. and may not be subjected to corpo- ral punishment or any other humi- Norway and Austria implemented liating treatment. One intention is similar reforms in the late 1980s. In to emphasize beyond doubt that 1997, the Danish Parliament appro- the criminal code on assault covers ved an amendment to the Parental corporal punishment, although Custody and Care Act which reads: trivial offences remain unpunished A child has the right to care and just as trivial assaults between security. He or she shall be treated adults are not prosecutable. with respect as an individual and may not be subjected to corporal The purpose of criminalizing all punishment or other degrading corporal punishment is not, of cour- treatment. In 1986, the Danish se, to prosecute and punish more Parliament had amended its civil parents. It satisfies human rights by law to state that parental custody giving children equal protection of implies the obligation to protect their physical integrity and human the child against physical and psy- dignity. It gives a clear message that chological violence and against oth- hitting children is wrong at least er harmful treatment. But this was as wrong as hitting anyone else. interpreted as allowing milder Thus it provides a consistent basis forms of corporal punishment, and for child protection and for public research found that they were still education promoting positive forms prevalent; hence the need for of discipline. As attitudes change, so further and more explicit reform. the need for prosecution and for formal interventions into families to Cyprus, Croatia, Latvia, Germany protect children will diminish. and, most recently, Israel have also passed laws that prohibit corporal As this publication spells out, the punishment and several others have goals of the ban were to alter public proposals to do so. In Belgium, the attitudes towards corporal punish- government is now considering an ment, establish a clear framework explicit ban. for parent education and support, and facilitate earlier and less intru- Globally, the end of corporal pu- sive intervention in child-protection nishment in schools and the penal cases. Public support for corporal system is in sight. In addition to punishment has also declined mar- reforms led by legal challenges in kedly since 1979. Public opinion Namibia and South Africa, recently surveys show that children them- Ethiopia, Korea, New Zealand and selves overwhelmingly oppose cor- Uganda have banned it in schools poral punishment. and care institutions. THOMAS HAMMARBERG The legal provision in Sweden Ambassador forms part of the family (civil) law: Personal Representative of the Children are entitled to care, secu- Swedish Prime Minister for rity and a good upbringing. Child- the UN General Assembly ren are to be treated with respect Special Session on Children Ending Corporal Punishment 9
Spare the rod and spoil parents and, accordingly, the strong the child, the saying used to against the weak. The same basic go. Also in Sweden corporal view was present in the 1864 Cri- punishment was previously minal Justice Act, which laid down considered necessary in or- that if anyone committed der for children to grow up manslaughter against a linear relati- into competent, responsible ve, e.g. a parent or grandparent, members of society. Beating against a guardian or against his or children was even regarded her master, this was to be treated as as a parental duty. However, an exceptionally aggravating cir- corporal punishment is no cumstance. longer seen as a necessary or a justifiable method of up- Corporal punishment could be ad- bringing. ministered not only to children but to servants as well. The Statute of Servants entitled the master to re- sort to corporal punishment. Do- Corporal mestic flogging was a means of maintaining morality and discipline punishment among underaged servant girls and farm hands, but also of disciplining and legal the wife and children. Following the repeal of this statute in 1920, servants no longer needed to acqu- history iesce in being beaten or hounded at work, but children could still be Views on the legality of violence beaten. The 1920 Children (Legiti- have varied in Sweden depending mate) Act entitled parents to chas- on by whom and on whom it was tise their children. Since then the practised. In olden times, the hus- law has been successively changed, band/father was entitled to use and there is no Swedish law today violence both on his wife and on his entitling adults to use any form of children. The man came at the top violence on children. Mileposts of of the hierarchy, followed by the this development include the follo- woman and, furthest down, the wing: children. The children counted for least, and accordingly, crimes The very first ban on corporal against them were not taken very punishment in schools was enac- seriously. A commentary on the ted in 1918 but only applied to 1734 Law stated that if a father the senior grades of elementary chastised his child to death, the school. The prohibition was crime must be considered less seve- later expanded to other types of re than, for example, if he had bea- schools until finally, in 1962, it ten his wife to death. A very serious applied to the entire school sys- view was taken, on the other hand, tem. of crimes committed by children against their parents. The law con- The right of administering cor- sistently protected the rights of poral punishment to children 10 Ending Corporal Punishment
was deleted from the Children and Parents Code in 1966, with The passing of the result that the provisions of the Penal Code on assault beca- me fully applicable to corporal the law against punishment of children as well. corporal The ban on corporal punish- ment became part of the Child- punishment ren and Parents Code in 1979. A tragic case of child abuse occur- Legislation passed in 1982 equa- red in Sweden in 1971, when a ted assault in private places, e.g. four-year-old girl was battered to in the home, with assault any- death by her stepfather. The public where else. Up till then, assault reaction was strong and this resul- (except in aggravated cases) was ted among other things in the for- a complainable crime. The mation of Childrens Rights in So- victim had to personally report ciety (BRIS). The new organisation the offence to the police if the started a helpline for children in assault had occurred in a private difficulty and campaigned for bet- place, as was most often the case ter conditions for children at risk. when women and children were In 1977 the Government appointed assaulted. The change in the law a committee to investigate in which now made it clear that violence cases and how the needs and rights is never a private matter. of children could be better provi- ded for. The committee adopted the name of The Childrens Rights In 1990 Sweden ratified the UN Commission and in 1978 presen- Convention on the Rights of the ted an interim report entitled Child. Childrens Rights. Prohibiting Corpo- ral Punishment 1. Arguments advan- From the legal point of view, all ced by the Committee in favour of loopholes in the law have now been a statutory prohibition of corporal closed, in such a way that nobody punishment included the following: can any longer justify the use of violence by claiming that it was At the beginning of the 20th necessary or reasonable. But the century it was still implicitly task of making this known and of assumed that the child should conditioning attitudes is a never- obey its parents and authorities ending one. without murmur. Children were ascribed no independent stan- ding and as a rule were not allo- wed to voice their opinions. Corporal punishment followed in the wake of this insistence on 1. Justitiedepartementet (the unconditional obedience... Swedish Ministry of Justice): The Right of the Child . Prohibiting Corpo- ral Punishment. (Barnets rätt. Om förbud mot aga) (SOU 1978:10) Ending Corporal Punishment 11
Gradually society has chan- Tackling real assault against ged. Independent thinking and children can be difficult so long the sense of responsibility, both as it is not perfectly clear that for oneself and for others, have violence may not be used in any come to be seen as increasingly form in the upbringing of child- important prerequisites of the ren. democratic social order. The concept of the child as an inde- For these reasons the Minister of pendent individual with rights Justice took the view that corporal of its own has become more punishment of children should be prominent. This calls for a form expressly prohibited. He stated : of child education based on in- teraction, care and mutual A provision of this kind will respect. mark the end of a process of legal development whereby The report was referred for consi- society has increasingly turned deration to a large number of natio- against corporal punishment as a nal authorities and NGOs, nearly means of upbringing. This deve- all of which seconded the proposed lopment in turn reflects the now ban on corporal punishment. prevalent view of the child as an independent individual entitled As a result of the statutory change to full respect for his/her per- in 1966, the Children and Parents son. Code no longer contained any wor- ding that could justify corporal The Government moved for the punishment of children. On the addition of a ban on corporal pu- other hand there was no provision nishment to the Children and Pa- expressly prohibiting such punish- rents Code. The proposal was car- ment. The question was whether ried by a large majority (259 votes any such provision was needed. to 6), making Sweden the first Commenting on the Governments country in the world to prohibit Bill to prohibit corporal punish- corporal punishment and other ment 2 the Minister of Justice sta- degrading treatment of children. ted partly as follows: The Section of the Children and Parents Code prohibiting corporal Child psychiatrists and child punishment has been enlarged since psychologists have long agreed 1979 and now reads as follows: that all corporal punishment of children is inappropriate. This Children are entitled to care, view has steadily gained ground security and a good upbringing. among the general public as They shall be treated with re- well. Even milder forms of pu- spect for their person and their nishments can jeopardise the distinctive charactere and may childs harmonic development 2. Government Bill Prop. 1978/79:67 to prohibit corporal punishment 12 Ending Corporal Punishment
not be subjected to corporal judged sufficient and apply equally punishment or any other humi- to children and adults. So the pur- liating treatment. pose of the legislation against cor- poral punishment of children is not to punish those who beat their children but, primarily, to mobilise Not just opinion. In the Government Bill, the Minister of Justice wrote as corporal follows: punishment Information and education, to alter the attitudes of parents and others who deal with child- The law has come to be known ren and young persons is prefe- above all for its prohibition of the rable to relying on penal sanc- corporal punishment of children, tions but it also includes other humilia- ting treatment. The Government Bill states that the ban is directed A clear prohibition of corpo- against treatment which endangers ral punishment in the Children the childs personal development. and Parents Code would prov- The information brochure about ide valuable pedagogical support the new legislation (see below) for efforts to convince parents gives the following instances of and others that no form of vio- humiliating treatment: locking a lence may be used in the up- child up, threatening, frightening, bringing of children. Like the ostracising or ridiculing the child. Commission I consider it impor- Putting it quite simply, humiliating tant that the change in the law treatment means words and actions is realized by effective, ongoing threatening the childs self-esteem. information about the new pro- Humiliating treatment can be insi- vision. If not, it is liable to beco- dious and is less easily discovered me a paper product. than corporal punishment. The Ministry of Justice did in fact take vigorous action to publicise A provision to the new law. It initiated and funded an information campaign on televi- sion and in other mass media. Infor- create opinion mation was printed on milk cartons and a brochure entitled Can You The prohibition of corporal punish- Bring Up Children Successfully with- ment in the Children and Parents out Smacking and Spanking? was Code is unaccompanied by any distributed to all households with penal sanctions. Milder forms of children and translated into English, physical or mental violence to German, French, Spanish and vari- children is not punished under any ous other languages. This informa- special provisions. The assault pro- tion campaign had the effect of visions of the Penal Code have been acquainting a large majority of the Ending Corporal Punishment 13
population with the new legislation middle school pupils in favour was and the reasons for it. even smaller, 6 per cent. At the time of its enactment, the The latest survey of attitudes to law against corporal punishment corporal punishment was carried was considered a radical measure in out in 2000 by the Committee on the surrounding world. When com- Child Abuse and Related Issues, a mented on internationally, in some Government Commission 4. The countries it was ridiculed or viewed survey included a study of attitudes as an intrusion on private life and a among school children. Only 2 per threat to the liberty of parents in cent of children in middle school bringing up their children. Since found it acceptable for a parent to then, however, several countries box or slap a childs ears in the heat have followed Swedens example. of the moment. The same response The other Nordic countries, Aus- was obtained from 20-year-olds. tria, Cyprus, Croatia, Latvia, Ger- The negative attitude of Swedish many and Israel now have laws children and youngsters to corporal banning corporal punishment, and punishment can probably be put other countries are in the process to down to the information supplied follow. in schools concerning the ban on corporal punishment and the UN Convention on the Rights of the Child. Children today are aware Strong support that adults are not entitled to hit them. in Sweden Parents are aware of this, too. The for the ban information supplied to the general public when the law against corpo- ral punishment was first passed has on corporal since been followed by parental support/education. Expectant punishment couples and persons who have just become parents are offered paren- tal education in groups, the mother A survey in 1965 showed that 53 per cent of Swedens population regard corporal punishment as an indispensable part of childrens upbringing. Since then the percen- 3. Statistics Sweden, SCB): tage in favour has fallen steadily. Children and Corporal Punishment In a survey by Statistics Sweden (Barn och aga) 1996:1 (SCB) in 1996 3, only 11 per cent 4. Socialdepartementet (The of the adults taking part expressed Swedish Ministry of Health and Social themselves in favour of corporal Affairs): Children and Abuse. Suppor- punishment of children, at least in tive Documentation for the Committe its milder forms. The proportion of on Child Abuse and Related Issues. (Barn och misshandel. Ett kunskaps- underlag för Kommittén mot barn- misshandel) 2000 14 Ending Corporal Punishment
and child health care clinics. Topics then, grew up before corporal pu- dealt with include aspects of child nishment was made illegal. Recent- education and corporal punish- ly, as adults, they were interviewed ment. about their experiences of corporal punishment during their formative One finds that attitudes to corporal years 5. The results show, among punishment in Sweden have beco- other things, that all the intervie- me increasingly negative since the wees were subjected to corporal 1960s and are far more negative punishment at some time or other than in other countries. The ban on between the ages of one and 16. corporal punishment has strong Corporal punishment was most support of the Swedish population; common between the ages of 18 among children as well as adults. months and six years, peaking at four years. Repeated violence in the course of upbringing was most common at the age of 18 months. Progressively 32 per cent of the daughters and 46 per cent of the sons were corporally fewer children punished by their mothers every day at this age. Fathers beat their children far less often. beaten Another of the main survey fin- Attitudes are one thing. What dings is that mothers experience people do in practice may be of violence during childhood had another. Is there a correspondance some bearing on the extent to between the attitude to corporal which they themselves hit their punishment and the use of it, or do children. This connection did not Swedish parents use physical vio- apply to fathers. Their corporal lence in bringing up their children, punishment of children was instead even though they disapprove of it? explained as an enlargement of Several surveys show that the nega- corporal punishment by the mo tive attitude to corporal punish- thers. The maternal method of im- ment has also had an impact on posing discipline was infectious, so parenting practices. to speak. This survey indicates that, for children living in a Stockholm In a longitudinal Swedish study, suburb during the 1950s and 1960s, 212 randomly selected children corporal punishment was a part of born between 1955 and 1958 were everyday life. followed up from the age of one until they were 36. These children, Sweden is taking part in an interna- tional research project aimed at investigating the connection be- tween attitudes and corporal pu- nishment. One Swedish study in 5. Stattin, Hansson, Klackenberg- the project includes 272 students Larsson och Magnusson: Corporal punish- ment in everyday life: an intergenerational perspective. In McCord, J: Coercion and punishment in longterm perspectives. Cambridge University Press 1998 Ending Corporal Punishment 15
aged between 18 and 64 (M26) 6. One year after corporal punishment Some of these students, then, were was outlawed, a study was made of born before corporal punishment the extent of violence to children in was outlawed, but the majority of Sweden 7. A comparison between them grew up after the law was this study and the study carried out passed. by the Committee on Child Abuse and Related Issues shows that the 35 per cent of the students state use of corporal punishment has that they were subjected to corpo- declined considerably in the past ral punishment at some time during 20 years. Asked whether the parent their childhood. This group is do- had used some form of physical minated by those who were subjec- violence in the last year, 8 per cent ted to slight violence on isolated answered yes (1980 51 per cent) occasions. This is a far smaller pro- and 16 per cent that it had happe- portion than in the study mentio- ned more than ten times (1980 40 ned above, and also far smaller than per cent). Summing up, fewer in the other countries in the com- children are being corporally punis- parative material. In practically all hed, and those who do experience the other countries, twice as many corporal punishment, do so less students reported being corporally frequently than used to be the case. punished during childhood. Those students (22 per cent) who were A questionnaire study of school subjected to severe corporal pu- children in the survey carried out nishment at some time or other by the Committee Against Child were among the older members of Abuse and Related Issues (see note the survey population. 4) shows: 86 per cent have never been The results also indicate that corpo- corporally punished by either ral punishment is not an isolated parent, problem but part of a pattern of 8 per cent have been corpo- family violence. In almost half the rally punished by their mothers families where corporal punish- and 7 per cent by their fathers ment was practised, other violence on some isolated occasion, occurred as well. The study also showed a connection between the 1 per cent received frequent familys socio-economic status and corporal punishment from their the parents level of education. mothers and 2 per cent from Those who grew up in families with their fathers. poor finances and poorly educated parents received more corporal punishment than others. Those subjected to corporal punishment 6. Fäldt, Johan: Student´s Experience described their childhood in more of Corporal Punishment and Violence in the negative terms and were less con- Home.(Studenters erfarenheter av kroppslig bestraffning i barndomen.) Department of tented than those who had not Psychology, University of Stockholm. 2000 been corporally punished. 95 per cent of the students in the survey 7. Edfeldt, Åke: In as much as... . population strongly opposed corpo- Final report of the SUSA Project on Corporal ral punishment. Punishment and Violence in the Home (Allt vad i gören . Slutrapport från SUSA 16 Ending Corporal Punishment projektet om aga och våld i hemmet) Propri- us Stockholm 1985
As regards background factors, the rise to feelings of guilt and shame. familys financial circumstances are The effects of corporal punishment the most critical factor deciding are especially serious and profound whether or not violence is used in if it is combined with a frosty atti- the upbringing of children. Violen- tude, dissociation or a directly hos- ce occurs more often in families tile attitude to the child. with financial problems. It is common for children who have Summing up, this very recent study been corporally punished to beco- shows that a large majority of 10- me aggressive themselves and to and 12-year olds in Sweden have have difficulty in feeling empathy. never been subjected to corporal Children who bully others and punishment and that regular corpo- commit criminal offences from an ral punishment is very unusual. early age have often experienced violence and aggression in their families. In an article in the newspa- per Dagens Nyheter (1996-12-21), the Norwegian child psychologist Magne Raundalen was interviewed Consequences concerning the importance of child- hood experiences for mans inhu- of corporal manity to man. The article was headed: Discipline is the Root of Evil. Among other things, Magne punishment Raundalen had the following to say: Corporal punishment can cause There are always people who slight corporal injuries. Violence stand up to evil. What they all causing more serious corporal inju- have in common is that they ry is assault and has to be treated as grew up in a loving environment a crime. There is, however, no clear without too much discipline or limit between corporal punishment punishment. Empathy makes and abuse. One reason for also ta- people human, and it has to be king a serious view of slight violen- encouraged in children. Re- ce is that corporal punishment search has shown domination tends eventually to give way to and severe punishment to cha- more serious violence. Accordingly, racterise the domestic climate reduction of corporal punishment is of children who bully others. one means of preventing abuse against children. The most serious The psychological consequences of consequence of corporal punish- corporal punishment have been ment, then, is not of a medical na- poorly researched. The American ture but concerns its harmful psyc- researcher Murray A. Straus puts hological effects. this down to the legal and moral legitimacy of corporal punishment Corporal punishment amounts to a in the USA and the fact of corporal violation of the child which can punishment of children being more undermine its self-esteem and give or less routine. The lack of empiri- Ending Corporal Punishment 17
cal research into the connection showed that the childrens feeling between corporal punishment and of rejection was proportional to the mental problems like depression, frequency and severity of their pu- Straus maintains, is probably no nishment. The more rejected they coincidence but the result of selec- felt, the poorer their mental state of tive inattention. Straus has investi- health. Children regarding corporal gated the connection between cor- punishment as an acceptable met- poral punishment of teenagers and hod of upbringing were harmed just depression and thoughts of suicide. as much as those who did not. Soci- The findings point to the existence al acceptance of corporal punish- of such a connection. The more ment, then, does not alleviate its corporal punishment young persons harmful effects. had suffered, the more depressive symptoms they presented and the more often they contemplated sui- cide. No difference was found bet- ween boys and girls and it made no Child rearing difference whether the corporal punishment was inflicted by the in different mother or father. 8 cultures The existence of a relationship be- tween severe upbringing and beha- Affection and control are key words vioural problems, antisocial behavi- in the bringing up of children. Af- our and criminal behaviour is fection means the parent having a strongly supported by research. capacity for empathy, being re- sponsive to the childs needs and Do the harmful effects of corporal responding adequately to its signals. punishment vary with the prevai- Control means making demands on ling attitude to corporal punish- the child, defining limits and teach- ment in society? Does corporal ing the child socially acceptable punishment in itself cause mental behaviour. On the basis of combi- injury or does it only cause harm if nations of affection and control, the child feels rejected at the same various patterns can be distinguis- time? Do the harmful mental ef- hed: fects vary according to the childs own attitude to corporal punish- ment? 8. Straus, M.A.: Corporal punish- These questions have been investi- ment of children and adult depression gated in St Kitts in the West Indies, and suicidal ideation i McCord, J (red.): a former British colony 9. The po- Coercion and punishment in long-term perspectives. Cambridge University Press. pulation studied comprised child- 1998 ren between the ages of nine and 12. The results revealed a faint but 9. Ronald P. Rohner, Kevin J. Kean, significant connection between David E. Cournoyer: Effects of Corporal corporal punishment and negative Punishment, Perceived Caretaker Warmth, and Cultural Beliefs on the psychological adjustment. They also Psychological Adjustment of Children in St. Kitts, West Indies. Journal of Marriage and the Family 53/1991 18 Ending Corporal Punishment
1. Authoritarian upbringing tern is most common. Parents have a close emotional relationship with This emphasises the importance of their children and control is exerci- obedience to authorities. Uncondi- sed through non-authoritarian met- tional obedience is required from hods. This means that parents trust the child, with no discussions or that their children not always need explanations. The authoritarian supervision and strict limits but are pattern of child rearing is also dis- able to cope with a fairly generous tinguished by lack of affection in amount of freedom from a relative- the parent-child relationship. ly early age. 2. Authoritative pattern This Swedish freedom is some- The parent has control over the times viewed by families of foreign child but exercises that control by origin as if principles and rules arguing and explaining to the child. don´t excist. They do not perceive He or she is open to discussion and any exercise of control when the receptive to the childs viewpoints. methods differ from those which The parent shows affection in rela- they are accustomed to from their tion to the child. countries of origin. Problems occur when children and young persons 3. Permissive pattern of foreign origin do not understand the meaning of non-authoritarian The parent exerts less control, does attitudes, e.g. in school and pre- not demand obedience or compli- school education, but believe that ance by the child with certain anything goes. Some parents also norms. The child is left very much believe that Swedish schools are to decide for itself and the parent completely lacking in order and avoids confrontation. discipline. 4. Indifferent pattern Differences in the view taken of The child is to a great extent aban- child education can cause certain doned and left more or less to its parents to feel powerless. The me- own educational devices. The pa- thods that worked at home do not rent gives priority to his or her own work in Sweden. The collectivist needs rather than to the childs and system, with its heavy pressure on does not assume his/her parental the individual to adapt to the fami- responsibility. ly, its norms and values, is eroded by Swedish society. This threatens the The permissive pattern was com- very foundations of child rearing. mon in Sweden during the 70s. Research psychologist Anders Bro- Free upbringing was a reaction berg writes as follows concerning against the oppression which many the consequences of migration for children had experienced during parenthood: the first half of the 20th century and against the belief in authority Successful parenthood de- which had such disastrous conse- pends on the adults being rooted quences during the Second World in a fabric of values, customs War. Today the authoritative pat- and habits which support their Ending Corporal Punishment 19
parental authority and on how tion 11. 200 families with children secure they feel in their parental between the ages of one and six role. A good parent is differently were included in the survey, which defined in every culture, and revealed a wide variety of methods migration can threaten the par- used by parents to make children ental role if the prerequisites for obey them. Sharp admonitions, the maintenance of parental physically preventing the child authority are removed in the from doing something and redefi- new culture.. 10 ning the situation or problem were the most common methods. Up- In many cultures, the right to use bringing is excercised more by ver- corporal punishment is a part of bal than physical methods. Use of parental authority, but in Sweden threats or corporal punishment was that authority has to be maintained the least common expedient. The by other means. As a result, many researcher came to the general con- parents of foreign origin feel that clusion that parents who respect they lack the necessary equipment the ban on corporal punishment for child rearing. They ask themsel- have not abdicated from their par- ves what they are to do instead of ental authority but exercise discipli- hitting their children. ne and control by other means. There are answers to this question, but they are not that simple. The use of corporal punishment is not Attitudes to primarily a question of methods of upbringing but is more concerned with the relationship between pa- corporal rents and children, with respecting the child as an individual and with punishment the aims of upbringing. Having a collectivistic aim in a society where an individualistic view of human in various nature predominates is liable to lead to confusion, insecurity and countries perpetual confrontations with the Sweden is taking part in a research community at large on the part of project, Patterns of Child Educa- both parents and children. This is a tion in Various Countries, in which highly complex problem, because comparisons are being made bet- fundamentally it is concerned with ween attitudes to corporal punish- the formation of identity and the experience of ones own ego and its limits. The view of child rearing has profound historical and cultural roots which it takes a long time to 10. Broberg, Anders: Child rearing in change. Time and Space. (Barnuppfostran i tid och rum.) Norges Barnevern nr 3-4 2000 One Swedish study investigated 11. Palmérus Kerstin: Self-reported different methods of child educa- Discipline among Swedish Parents of Preschool Children. Infant and Child Development. No. 8/1999 20 Ending Corporal Punishment
ment in various countries. [Fotnot: ted corporal punishment to lead to Anders Broberg, Department of greater obedience, more respect for Psychology, University of Gothen- the parent or to the child learning burg, is responsible for the Swedish acceptable behaviour. Instead near- input]. The following are three of ly half of the Canadian mothers and the studies which are included in 65% of the Swedish mothers belie- the project. ved that corporal punishment had the effect of making the child more The first concerns maternal views aggressive. 75% of the Canadian on corporal punishment in Sweden, mothers and 85% of the Swedish where corporal punishment is dis- mothers believed that the use of approved of, and in Canada, where corporal punishment made parents it is a legal and culturally sanctio- feel guilty and remorseful. ned method of upbringing 12. 102 Swedish and 107 Canadian One interesting difference between mothers of children aged between the two groups was that Swedish three and six years took part in the mothers considered corporal pu- survey. nishment to be excusable or accep- table if exercised when the parent A minority of mothers in both was emotionally upset, while the countries admitted that corporal Canadian mothers tended more to punishment was a normal element regard corporal punishment as ac- of their parenting (17% of the ceptable if the punishing parent Canadians and 5% of the Swedes). was calm and collected. From this Most mothers in both countries we may conclude that corporal disapproved of corporal punish- punishment is not a part of Swedish ment, the Swedish mothers most of mothers strategy of upbringing. If all, 80% of them considered corpo- corporal punishment does occur it ral punishment unnecessary and is due to the parent being frustrated harmful, and nearly 90% regarded it and losing control. as an ineffective method in the upbringing of children. A minority In another study 13 the same group of mothers in both countries expec- of researchers inquired whether the use of corporal punishment was predictable from certain maternal characteristics. This study also took place in both Sweden and Canada. The researchers began with four 12. Durrant, Rose-Krasnor, Broberg: factors: Maternal Beliefs about Physical Punish- ment in Sweden and Canada. Journal of Comparative Family Studies. In press. Attitudes. The results show, not very surprisingly, that the more 13. Durrant, J.E., Broberg, A.G. & parents approve of corporal Rose-Krasnor, L.: Predicting use of physi- punishment, the more often cal punishment during mother-child con- they use it. Parents views of flicts in Sweden and Canada. In C.C. Piotrowski & P.D. Hastings, Eds 1999, their childrens behaviour are Conflict as a context for understanding also found to be important. If maternal beliefs about child-rearing and parents regard disobedience and childrens misbehavior. New Directions for Child and Adolescent Development, No. 86 Ending Corporal Punishment 21
bad behaviour as intentional and planations and excuses for the child as a major problem, they are being awkward. Mothers in the more liable to punish their other countries found their children children physically. disobedient more often than Swe- dish mothers did and considered State of mind. Mothers who are their disobedience to be deliberate not in good mental condition and serious. It therefore had to be and feel irritated and depressed corrected. The disobedient child hit their children more than must be managed. As Swedish women who are in better men- mothers were patient and did not tal shape. feel their children were disobedient very often, they did not see any Violence in the past. Parents need for authoritarian methods of who were themselves hit during upbringing. childhood hit their own children more often than other parents. The study indicates the existence of a connection between corporal Cultural norms. If the norms punishment and our perception of and legislation of society sup- children. If children are regarded as port the use of corporal punish- troublesome, deliberately bad and ment, it will be used more fre- disobedient, this augments the risk quently than otherwise. of parents resorting to corporal punishment as a means of correc- tion. On the basis of these four factors, the researchers were able to predict corporal punishment by 87 per cent of the Canadian mothers but not by any of the Swedish mothers, due The UN partly to corporal punishment be- ing very infrequent in the Swedish material. One possible interpreta- Convention on tion is that corporal punishment, when it occurs among Swedish- the Rights of born parents it is related to difficul- ties in the parental role while, in the Child Canada corporal punishment is a common ingredient in child rearing. Although only a few countries have an explicit regulation against corpo- A third survey 14 covered Sweden, ral punishment, all but two (the Canada, Iran and the Cook Islands USA and Somalia) have ratified the in the Pacific. One interesting diffe- UN Convention on the Rights of rence emerging from this study concerned the perception of childrens naughtiness. Swedish mothers took their childrens diso- bedience less seriously than mot- 14. Broberg, Anders: Corporal punish- ment and other child rearing methods : a hers in the other countries. Swedish cross-cultural perspective. (Aga och andra mothers generally tried to find ex- uppfostringsmetoder: ett tvärkulturellt perspektiv.)Föredrag vid Nordiska Barna- vårdskongressen 1997 ) 22 Ending Corporal Punishment
the Child, Article 19 where article 19 states: Concluding States parties shall take all appropriate legislative, adminis- remarks trative, social and educational Sweden was the first country in the measures to protect the child world to outlaw corporal punish- from all forms of corporal and ment, and various surveys have mental violence shown this measure to be strongly supported by the Swedish popula- The UN Committee set up to mo- tion. In many countries, forces are nitor compliance with the Conven- at work to change attitudes to cor- tion has taken the provision of Ar- poral punishment and to introduce ticle 19 to imply a prohibition of similar legislation, and so people are corporal punishment. interested to know how Sweden went about things. Why are attitu- The Convention on the Rights of des to corporal punishment so ne- the Child has done a great deal to gative in Sweden? Some explana- change attitudes towards children. tions can be discerned: More and more people regard it as self-evident that children are entit- There is a tradition in Swe- led to respect for their person and den of resolving conflicts by discus- integrity. One of the basic ideas of sion and agreement. This applies, the Convention is that children and for example, in working life. adults have the same human digni- ty. Among other things, children are A great deal of progress has entitled to express their opinions been made with regard to the equa- freely and to be listened to. Corpo- lity of women and men. Women ral punishment of children is not in occupy a relatively strong position correspondence with the values both at work and in the family. As a permeating the Convention. An result, their way of rearing children, authoritarian upbringing which which most often implies less includes corporal punishment and authoritarian methods, has had a degrading treatment is out of har- powerful impact. A stronger posi- mony both with the article of the tion for women also means a Convention on the protection of stronger position for children. children from all forms of mental and physical violence and with the Sweden is a relatively child- articles concerning the best inte- centred society. Many people work rests of the child and the right of professionally with children, with the child to be listened to. the result that the community has a large fund of knowledge concerning childrens needs and development. Great efforts are being made to offer children the best possible for- mative conditions, both within the family and in the community at large. Ending Corporal Punishment 23
The legislation has been suc- nishment and other humiliating cessfully modified to indicate that treatment of children. questions of custody and access, for example, shall be decided according If you arent allowed to hit your to the best interests of the child. children, what are you to do in- Many changes have also been stead? One Swedish study shows aimed at strengthening the role of that parents have a whole arsenal of fathers. Joint custody, for example, methods for bringing up their child- is the general rule today, even if ren. 15 How different educational parents are not married, and fathers methods are perceived by and have been given more scope for affect the child depend much on taking parental leave. Greater opp- the parent-child relationship the ortunities for men to take care of researcher concludes. The relation- very young children probably lead ship between parents and children, to stronger emotional bonds bet- combined with the extent to which ween fathers and their children, the child understands the parents which in turn presumably leads to me-thods of upbringing as legitima- less reliance on corporal punish- te, decide the childs social and ment. personal development.16 The negative attitude to corporal Summing up, the essential thing is punishment in Sweden, then, is not only to develop new methods rooted in a variety of favourable of child rearing but also to trans- historical and structural factors. Of form attitudes towards children and course, not all the problems have the relationship between adults and been solved. There are still children children. Above all, children have in Sweden who are being maltrea- to be granted with a fundamental ted and neglected. But we have human right the right of being made a good deal of progress spared physical violence. towards children being treated with respect for their physical and men- tal integrity and regarded as full members of the community. Modern Sweden makes strong de- mands on the individual. It is a mat- ter of community interest that children should grow up into inde- pendently minded, socially compe- tent, mentally strong individuals with powers of initiative. Such qua- lities are not promoted by a form of 15 Palmérus Kerstin: Self-reported Discipline among Swedish Parents of Pre- upbringing which supresses and school Children. Infant and Child Develop- humiliates children. Thus, from ment. No. 8/1999 both a human and a societal per- spective, there are good reasons for 16. Palmérus Kerstin: Patterns of Child campaigning against corporal pu- Rearing among Swedish Parents.(Svenska föräldrars uppfostringsmönster) Nordisk Psykologi 49/1997 24 Ending Corporal Punishment
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Ending Corporal Punishment Swedish Experience of Efforts to prevent All Forms of Violence Against Children and the Results International co-operation is important for the true realization of the UN Convention on the Rights of the Child. Each country has something to learn from experiences in other countries. The UN discussions on child rights aim largely to facilitate such exchanges. As a contribution to the preparations for the General Assembly Special Session on Children in 2001, the Swedish Government is publishing three small publications outlining efforts made to implement the Convention, progress made and difficulties encountered. They focus on areas which might be of particular interest to an international audience and are written by independent experts. This publication on the Swedish efforts to put an end to all forms of violence against children describes legal reforms and other measures to put an end to corporal punishment in institutions but also in a family context. It also outlines how attitudes towards children have changed as a result. The text is written by Barbro Hindberg, former expert at the National Board of Health and Welfare. She now freelances in the field of child abuse and neglect. Preface by Ambassador Thomas Hammarberg. The other publications are about child impact assessments and participation of children in decision-making. They can be ordered at the Ministry of Health and Social Affairs (Social Services Division), SE-103 33 Stockholm, fax +46 8 10 36 33. E-mail adress: registrator@social.ministry.se. Article no. S 2001.015 CONVENTION ON THE RIGHTS OF THE CHILD 10 YEARS
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