This paper seeks to answer the following question: what is the reason for the prohibition of corporal punishment in, specifically, children, at home and school? There are several definitions that have been given to corporal punishment by different psychologists. In general terms, it refers to using forceful means of inflicting pain on individuals as a way of instilling discipline in them. This takes the form of rapping the individuals head, slapping on the face or even spanking. For instance, a child is smacked by his mother for answering back.
The main reasons that have made parents resort to corporal punishment include but not limited to consideration as an appropriate mechanism to enhance the education of children, lack of alternative strategies to deal with situations, and tension is relieved once administered. However, corporal punishment leads to aggression being formed on the part of the children, injuries such as bodily scars, damage to the brain, eardrums being ruptured, the interaction between the parent and the child diminishes, and sometimes the children end up making dubious decisions (Han, pp. 21-25).
This paper takes a look at the introduction of corporal punishment in European countries such as Poland, France, and Albania. Corporal punishment in Poland dates back to more than the Dark Ages, where parents exercised control over their children by administering physical punitive measures on them. In this country, the government allows parents to this form of disciplining children at homes.
In France, the case is very different from the law strictly prohibits the use of corporal punishment in homes and schools. Similarly, in Albania parents are allowed...
to use this form of correcting behaviors among children in demanding situations. Last 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 religio
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