To be perfectly honest, singledad, I have no idea. I am not a law or enforcement professional, and the impact of whether it should be part or not of the abuse laws eludes me. My formation is in the field of child care and social work - not in the field of lawyer or judge or policy maker. So I know what spanking does to children, and how important it is that this kind of thing stops. But I do not know how to implement it or legislate it in the most effective way; that would be someone else's job.singledad said:First - would you want the definition of "abuse" amended to include spanking, or should a separate law be passed against spanking specifically?
I would imagine that the answer to this can be found by observing what the 25 or so countries that banned Spanking did, and how it worked; I imagine each country might have implemented this differently.
In Canada, the supreme court still authorizes "spanking", but only within specific limits: it has to be "reasonable" (the word's definition being left to the interpretation of a judge), it is not tolerated anywhere on the head (so slapping would be criminal in Canada), it has to be with the open hand only, and finally it's tolerated after 2 years old and before 12 years old only. So Canada has chosen to adopt a law that attempts to define that fuzzy limit between spanking and abuse, I imagine. Other countries banned spanking all together.
In Canada, <I>everyone </I>is bound by law to report a case of suspected abuse or violence toward children to child services. Not just child professionals. You can be sued if you have witness an act of child abuse and have not reported it.1. How will cases of spanking be brought under the attention of the police, especially for younger children, who can't report it themselves? 2. How should it be investigated?
However, reporting what you have seen (whether or not it is considered abuse) is not enough to get anyone arrested: what it does is that it triggers an investigation from child services. These social workers are then mandated to perform what is called an "at-risk assessment", which is something as a child care professional I have been trained to do.
It's a very thorough evaluation, in which a lot of things are looked for: of course, obvious marks and signs of physical abuse, but also: is the child developmentally late for his age (speech, motor skills)? Are the parents willingly participative to the investigation or are they blocking the process? What is the socio-economic level and impact? What is the education level and its impact? Are parents receptive to get parenting classes? Are children well fed? How do they fare in school? Did the child teacher notice something? Did the child's pediatrician notice something? What are the family dynamics? Have parents been charged with a criminal record before? Have there been any previous call to child services about this child and/or parent? etc etc. It's very comprehensive.
The observation made by a citizen rarely constitute any direct proof, because they do not have context.Who has the burden of proof, and what constitutes proof?
Not sure, SingleDad. Again, since I am not an expert in law or enforcement, I don't feel qualified to take that kind of decisions. It would be interesting to see how it has been done in various countries around the world.3. How should these parents be charged? Spot fines? Court cases? What sorts of sentences? Do they get a criminal record?
What I <I>can</I> tell you, however, is that child services in Canada, in 2011, do not remove a child from their parent's lightly. It is considered a last resort, something to do when the damage it can do to the child is considered lower than the damage he already receives from staying with them.
The purpose of having an offense on record is that, even when nothing happens immediately, it adds to the big picture when a child services at-risk assessment is triggered.4. What measures should be put in place to prevent repeat offences?
Child services can force parents to attend parenting classes and learn alternate, effective ways to handle discipline without the use of pain (and, I must add, without the use of any verbal abuse either).
I don't know if I have answered (at least partly) to your questions.
I do not pretend I have all the answers! But I am convinced - both from my knowledge and experience, and from the fact that it worked on so many other countries - that solutions are possibles. It stands to reason that it's possible to stop hitting our children without causing more problems with child abuse.
Pardon me, but I genuinely still have a hard time getting what slippery slope you see there. So let's say spanking is not tolerated in a country anymore. How does this affect how child abuse is countered and stopped? NancyM suggested that it can only help, because people no longer have to ask themselves if their own definition of spanking is or is not abuse: you are not allowed to lay a hand on your child, period. I would tend to agree with that. What would be the negative part, from a legal stand point?