Corporal Punishment of Children in International and National Law

Selected Case Studies

By Desiree Gumpenberger

Despite the growing consensus that corporal punishment violates children's fundamental human rights - the respect for human dignity and physical integrity - most of the world's children are still subjected to assault. Against this background, this book discusses and compares the characteristics of corporal punishment of children as laid down in international documents, such as the UN Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. The book also looks at regional documents, including the European Convention on Human Rights, the African Charter on the Rights and Welfare of the Child, and the African Charter on Human and Peoples' Rights. Each chapter starts with a short introduction, followed by an examination of a definition of corporal punishment, and shows the role of expert bodies who are monitoring the implementation and processes of standard-setting. Therefore, a distinction is made between the prohibition in alternative care settings, schools, and by parents, which leads to the question: "Is corporal punishment of children by their parents prohibited?" The second part of the book deals with a comparative study, analyzing the implementation of the previously discussed documents in the UK, Zambia, South Africa, and Belgium. Hence, the question is "How does the State implement the provision of the prohibition of corporal punishment in domestic law?" which is followed by the question "Has the specific State prohibited corporal punishment of children by their parents?" The book ends with a conclusion in which the above-mentioned countries are compared with each other.

Publication Date: 4/1/2014
Format: Paper
ISBN: 9789462401020