ABUSE OR DISCIPLINE?
Smacking or corporal punishment, as it commonly referred to, is both a contemporary and an emotive issue. The definition of corporal punishment according to Clark (2004) is ‘the infliction of physical pain on some offender for his offence’ (p.363). This definition encapsulates smacking. Under current law, parents can smack their children providing no marks are left and only ‘reasonable chastisement is used’ (N.S.P.C.C). While the wording is contemporary, the issue is not. Chief Justice Cockburn stated in 1860, ‘ by the law of England, a parent… may for the purpose of correcting what is evil in the child, inflict moderate and reasonable corporal chastisement’ (Roberts, 2000, p. 259). The language of the current law may be different but the underlying message remains the same. Nevertheless, varying debates have emerged recently over whether Britain should impose an outright ban on smacking. This paper endeavours to outline some of these debates and provides a considered opinion on whether smacking is abuse or discipline.
In November 2004, Members of Parliament voted on a proposal to change the Children’s Bill to include an outright ban on smacking. It was defeated by 424 votes to 75 (N.S.P.C.C). Nonetheless, a compromise amendment was successful. Parents can use ‘reasonable chastisement’ but smacks, which leave marks, or cause mental harm, were outlawed and parents could face up to 5 years imprisonment if found guilty of this offence (Bright, 2003). Consequently, many debates have arisen relating to certain ambiguities contained within the current law. There remains confusion over how long a mark has to last or how big it has to be in order for it to be considered abusive. How do you measure mental harm? Further, is it possible to link a parent smacking a child with later mental harm? Who would monitor these marks? Doctors in child protection cases are increasingly unwilling to give evidence in court. Therefore, the professional measurement of marks left on a child could prove difficult. Furthermore, the Royal College of Paediatrics and Child Health state that ‘people react differently to smacks’ (Babyworld). Where one child may redden and bruise easily, another child may not. There is also an argument that the ‘ban smacking’ argument encompasses a class, ethnic and gender bias (Taylor and Redman, 2004, p. 311). Indeed, a parent smacking a child has been linked to parent’s loosing control. Parents in economically deprived situations can be more ‘stressed’. Therefore, may loose control quicker. Further, black children do not mark as easily as white children do. Ultimately, how would a ban on smacking be implemented and monitored?
