The Ban on Corporal Punishment of Children

The UN Committee on the Rights of the Child has criticised Australia (and many other countries) in State Reports released in 1997, 2005 and, most recently, 2011, for not introducing a ban on corporal punishment by parents of their children in line with Article 19 of the UN Convention on the Rights of the Child (‘CROC’). In light of this criticism, and the clear recommendation to ban parental corporal punishment, it is surprising that no government in Australia has yet taken the step towards such a ban. In the debate on this issue in Australia, the main argument against a ban on corporal punishment seems to be that it would be a violation of the right to private family life, and to parents’ right to choose how to raise their children. Connected to this argument is a belief that the family structure would collapse if parents were no longer able to physically chastise their children. Furthermore, it is argued that such a ban would result in parents use of ‘mild’ forms of physical discipline being viewed wrongfully as criminals, which in turn would have negative effects on the children. Another argument put forward is that ‘mild’ forms of physical punishment do not harm children and that smacking children can be less harmful than verbal reprimands.