Prohibition of Corporal Punishment in Poland, France and Albania Essay Example

but not least, comparisons are made with regard to the situations in the three countries. This paper draws conclusions by highlighting the causes and effects and the roles played by the governments (Samenow, pp. 252-260).

The prevalence rate of the use of corporal punishment in Poland is alarming. Statistics obtained from sociological and psychological research, social organizations and police centers indicate that there are many cases of corporal punishment in the country which go unreported. Adult Poles indicate that they suffered corporal punishment during their upbringing and therefore, they have every right to do the same on their children. For example, 20% of the adults had never experienced incidences of corporal punishment in their lifetime.

Conversely, 36% of the adults had been exposed to corporal punishment on several occasions in their lives (Paintal, pp. 410-413). It is quite notably that children below the age of 15 years’ experience repeated cases of corporal punishment as compared to those in this age bracket. In most cases, male parents under the influence of alcohol are the main perpetrators of domestic violence that culminate in children being physically abused.

There are cases where children suffer in terms of their physical orientation because they suffer injuries, their emotional status is negatively affected by being moody and lacking the required social skills, and some end up being affected mentally. In the country, it is common for low socio-economic status families to use corporal punishment on their children when compared to elite families. The religion of country supports the use of corporal punishment in homes and schools by quoting scriptures (Straus, et al., pp. 15-24).

Poland is one of the European countries that advocate for the

use of corporal punishment in homes and schools. The government was slow to introduce laws that safeguard children from domestic violence. Children rights activists have pressurized the government to introduce the laws in the Family and Guardianship Code which provides the rights and obligations that parents have over children by having parental power over them. It is imperative that the provisions of this penal code forbid the use of corporal punishment for parents rearing young children.

The government amended the Criminal Code of 1997 by introducing several kinds of measures to be used for prevention and penalties towards the individual who initiates corporal punishment on children (Straus and Donnelly, pp. 3-7). On the other hand, the Criminal Proceeding Code of 1997 was amended and introduced very pragmatic measures that are meant to allow the government agencies to intervene at homes when parents physically abuse a child.

However, it should be noted that the country has greatly failed to meet up to its obligations as a signatory and member state of the Council of Europe that promotes the Rights of the Child. In this regard, it is very urgent that the government puts stricter measures in place to legally ban the use of corporal punishment in schools and homes. The law of preventing domestic violence has failed to meet its threshold and therefore, the Family and Guardian Code is the only way to go (Mitchell and Ziegler, pp. 45-53).

The customary law supports the right of correction that is bestowed in the hands of the parents over their children. This means that the country is miles away from achieving a full ban on corporal punishment at all the institutions

of bringing up children. Corporal punishment in the country is at higher rates. For example, 72% of the parents have slapped their children on the faces at a mild threshold. 87% of the parents had spanked the bottoms of their children.

Aggressive slaps on the face were prevailing at the rate of 32% while children had to be beaten or hit by an object at the rate of 4.5%. In contrast, only a small percentage of the parents, at 7.9%, had never used corporal punishment on their children. The proportion of parents advocating for corporal punishment is at an alarming rate of 85% while more than 825% supported the use of non-violent means of bringing up the children. The religious organizations appreciate the presence of biblical and Quranic scriptures that advocate the intervention of parents to instill discipline on their parents (Dura?n, 12-98).

Parents are given the power to instill discipline in their children under the right of protection as provided by the customary law. This right was bestowed on the parents by the Supreme Court ruling of 1819. In addition, the court specified that the child’s health condition should be ascertained before the punishment is administered. Other laws such as Criminal Code of 1994 and the Civil Code do not provide full interpretations on the ban of corporal punishment on children.

The French law does not fully outlaw corporal punishment and hence it breaks the provisions of European Committee of Social Rights in which it is a signatory. This has led to complaints being lodged against it by organizations that seek protection of children’s rights (Landau, pp. 121-138). This is because the country has been flouting the

European Social Charter by not fully banning corporal punishment in child rearing institutions such as homes, schools, alternative care settings and penal institutions.

The government decided to amend the Family Law in 2013 so as to include the recommendations received from the social organizations. The most surprising fact is that the law failed to take its course as it failed to go through the legal process of assent. Therefore, the government has been called up to make steps that will see to it that all forms of corporal punishment are highly prohibited in all settings that are involved with bringing up children. There is a need to promote education without the use of violent methods to instill discipline among the children. The state has been called upon to fully implement the provisions of the Council of Europe so as to realize that all forms of corporal punishment do not exist in the country at all costs (Gershoff, pp. 539-595).

Studies conducted in the country indicate that people are not supporting any forms of violence directed to children even if they are aimed at achieving the best. For instance, the support declined from 32% to 15.4% in a period of two years among the teachers. However, the number of children who have suffered corporal punishment is at 77% including physical and psychological abuse. For instance, in every ten children, seven confirmed to have been physically violated. In the same vein, more than 62% had seen psychological abuse such as shouting, yelling, screaming and name-calling being hurled at them at home or school.

However, 13% of mothers think that corporal punishment is the best way to bring up their children.

59% of the parents are of the opinion that acts such as ear pulling or slapping have no negative effect on the children (Durrani, pp. 221-225). They also believe that such acts are meant to make the children better citizens since most of them are prone to misbehave if not slapped. A majority of the parents at 77% are of the opinion that corporal punishment is not the best alternative of bringing up their children.

This translates to more than 79% of them that have feelings of the disciplinary measure being done away with in the country. In the country, parents who earn meager incomes were prone to physically and psychologically abuse their children when compared to those with higher incomes. This was attributed to aggression defense mechanism where parents are displacing their anger to the minor and innocent children (Scheff, pp. 223-244).

As of 2010, the government had enacted a law concerning how to protect child’s rights. The article identifies violence against children as all forms of physical force that is intentionally instigated towards the children leading to injury, denial, untimely death, and being harmed psychologically. The article draws attention to corporal punishment which it identifies as the use of force culminating in pain as a means of correcting a child.

In 2011, the government assented the Law on the Protection of the Child which made all forms of corporal punishment in the country to be unlawful. This law identifies the following forms of violence against children: psychological and physical violence, corporal punishment, discrimination, abandonment, neglect, exploitation, and sexual abuse. In particular, the law prohibits against any form of pain, even slight instances, that is initiated by

parents and caregivers. It identifies corporal punishment such as a child being beaten, tortured, shaken violently, burnt, slapped, kicked, pinched, and scolded and forced to act contrary to their desires (Bitensky, pp. 520-551).

Poland supports the use of corporal punishment to instill discipline in children at home and schools. On the other hand, the customary law of France supports and identifies the need to rightfully protect the child in terms of upbringing. The Polish government was very sluggish to introduce laws that prohibit the use of corporal punishment on the children while the= French government was very quick to embrace the provisions of the Council of Europe. The religion of both countries recognizes the need for parents to take control of upbringing their children.

In both countries, it is very common to find poor parents physically and psychologically abusing their children when compared to their rich counterparts. Pole parents are of the notion that since corporal punishment is a culture in the country, then they are going to propagate it to future generations. In contrast, French parents are of the opinion that corporal punishment is one of the naïve means of raising children to be morally upright. The Polish government only enacted the Family and Guardianship Code after human rights activists lobbied for it.

This document provides that all forms of violence against children, including corporal punishment, are illegal in the country. This has made corporal punishment being totally banned in the country despite the fact that parents are silently practicing it. On its part, the French government to fully implement the provision of the Council of Europe meaning that corporal punishment is still being condoned in the

country. There are increasing calls for the government to ensure that full provisions of the codes are implemented totally so as to ensure that corporal punishment has no place in the country (Infante, pp. 183-198).

Poland is a great admirer of corporal punishment in Europe as compared to Albania which admonishes the act. There has been little effort and support from the Polish government to put this act to an end when compared to Albania which receives extensive political support and goodwill. On the contrary, religion in both countries plays by the rules of the scriptures that require firm upbringing of children. Corporal punishment is being practiced in Poland as a result of the fact that parents feel it is the best way of bringing up their children.

In both countries it is common to find children in rural and underdeveloped areas being punished by their parents as compared to the affluent and developed zones. In Poland, the Family and Guardianship Code has banned corporal punishment and identifies it as any form of physical and psychological violence suffered by children at the hands of their caregivers. On the other hand, the Albanian government enacted a law that strictly prohibits the existence of corporal punishment among its citizens on their children. In 2011, the government recognized the Law on the Protection of the Child which bans corporal punishment even in the slightest units including slapping, spanking, beating, pinching, burning, kicking, burning, shaking and scolding (Donnelly, pp. 41-52).

In Poland, the government did not respond to the calls of banning corporal punishment with the expected zeal and vigor. This means that the process of getting this act being shunned by

parents and teachers has proved to be an insurmountable task. However, the government took the initiative of ensuring that Family and Guardianship Code is in place to minimize and eventually do away with the awful act. In France, the country is a member of the European Council which has prioritized the rights of children against any form of violence.

However, there are concerns that government has been hesitant to implement the full provisions of the codes effectively. In Albania, the government has been in the forefront to ensure that this heinous act goes away from the public domain. This initiative has taken the form of enactment of Law on the Protection of the Child that outlines the various forms of corporal punishment (Zolotor and Puzia, pp. 229-247).

Works Cited

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9. Landau, T. C. "Policing the Punishment: Charging Practices Under Canada's Corporal Punishment Laws." International Review of
   

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