CELEBRATE CHILDREN BAN CORPORAL PUNISHMENT

Released on November 20, 1998

Promoters of children's rights are working to protect children.

November 20th is NATIONAL CHILD DAY a day to celebrate children for

being themselves. In recognition of this special day, the Canadian

Foundation for Children, Youth and the Law will file in Ontario its

test case to eliminate the legal excuse for child abuse to have

section 43 of the Criminal Code of Canada declared unconstitutional.

Saskatchewan's Children's Advocate, Dr. Deborah Parker-Loewen, along

with Advocates from across Canada are requesting a repeal of section

43.



Currently section 43 states that: "every school teacher, parent or

person standing in the place of a parent is justified in using force

by way of correction toward a pupil or a child, as the case may be,

who is under his care, if the force does not exceed what is reasonable

under the circumstances."



Under section 43 children do not receive the same protection under the

law as other groups in society. As written, the law does not define

"what is reasonable", and is therefore left to individual

interpretation. Due to the ambiguity in the wording, many instances

have occurred in Canadian Law in which caregivers, whose behaviour

under normal standards of behaviour would be considered abusive, have

used section 43 as defence for their actions. Section 43 makes

children the only group of citizens who can legally be assaulted for a

reason unrelated to self-protection or the protection of others.



The proposed changes to the criminal code are designed to make

this law silent. This would mean that there would be no

reference to corporal punishment in the criminal code, thus

providing children with the same right to protection under the

law as all members of society.



"We must understand, as with all human rights issues, promoting

the fair treatment of any disadvantaged group does not mean that

the rights of others, such as parents, will be lessened", stated

Dr. Parker-Loewen. "Changing section 43 will not interfere with

the rights and responsibilities of parents to make positive

individual decisions for their children."



Section 43 of the Criminal Code is outdated. Increasingly,

Canadians are using forms of discipline that nurture, respect and

value children. The reality about corporal punishment is that

most parents do not use it. A national study by the Canadian

Council for Social Development published in July 1997 indicated

that in Saskatchewan only 16 percent of children under age 11

live with parents who sometimes use corporal punishment. Eighty-three percent of children live with parents who rarely or never

use corporal punishment. The vast majority of parents are using

other forms of discipline to guide their children.



We must work together to respect the integrity and dignity of all

Canadian children. Governments, community leaders and parents

each have a distinct role to play in protecting and promoting the

best interests of our children. Child Advocates in Canada are

officially appointed to safeguard the rights of children. These

Advocates support the recommendation made by the United Nations

Committee on the Rights of the Child, which states:



in connection with the child's right to physical integrity and

in light of the best interests of the child that the physical

punishment of children by parents, in school and in institutions

where children may be placed ... be prohibited.



A legislated ban on the use of force to discipline children needs

the vocal support of Canadians. Canadians are urged to take

action and voice their support for the repeal of section 43.

National Child Day is an opportunity to promote a valuing of our

children.



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For more information, please contact:



Sharon Chapman

Communications and Public Education Coordinator

Saskatchewan Children's Advocate Office

Ph: (306) 933-6706 Fax: (306) 933-8406