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Carol Bower Independent Consultant |
+ Post Box 122 Nieuwoudtville 8180 |
SUBMISSION TO THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOMENT ON THE
CHILDREN’S AMENDMENT BILL: DISCIPLINE OF CHILDREN
17th July 2007
INTRODUCTION
This submission is made by Carol
Bower. I am an independent consultant who has worked
with children’s rights issues for a number of years, and I have a particular
interest in the prohibition of corporal punishment of children. Previously, until the end of July 2006, I was
the Executive Director of Resources Aimed at the Prevention of Child Abuse and
Neglect (RAPCAN), and worked extensively with the Children’s Bill (section 75)
and its Amendment Bill.
THE
CHILDREN’S AMENDMENT BILL
Clause
139 – Discipline of children
The decision-makers, in
prohibiting corporal punishment in the home, have taken a far-sighted and
proactive stance in addressing a controversial matter, for which they are to be
commended. However, experience in
advocating for the prohibition of corporal punishment has shown me that this is
an issue about which many people feel very passionate, and the passage of this
section of the Amendment Bill is likely to be stormy.
I would like to underline the
point that, aside from the many other reasons that exist to ban hitting
children (that children are
physically and emotionally smaller and more vulnerable than adults, that they
deserve the same protection as adults, and that beating children violates their
rights to physical integrity and to freedom from fear, humiliation and
degradation), a critical one is that we need to address the levels of violence in
our society.
It is time for South Africans to take a long and hard
look at child-rearing practices that feed and support the violence in our
society. Hitting children sends out the
wrong messages, and teaches the wrong lessons.
When we hit children we teach them that it is
acceptable to impose your will on someone else, and that they have no say, or
rights, or dignity in the matter; that bigger and stronger people can hurt
those who are smaller and weaker; that if I don’t like what you say and do, I
can force you to do what I want you to.
These attitudes are at the core of what is wrong in our country.
A different approach is needed – one that inculcates values of
non-violence and the peaceful resolution of differences, a respect for
diversity and the human rights of others, and self-discipline.
The evidence from research is very clear. Studies into the effects of spanking and
corporal punishment over the last fifty years have shown that spanking does
sometimes work - in the short-term.
However, this research also shows that non-violent methods of discipline
work just as well. So there is no need
to use corporal punishment, which has many negative long-term effects. Five studies conducted since 1997 provide
evidence that, on average, the behaviour of the children of parents who spanked
them got worse, and that there is a strong association between corporal
punishment and children’s aggression, their mental health, and their
anti-social behaviour as children and as adults.
In her very thorough and landmark study, Gershoff[1]
found that parental corporal punishment is associated with the following
undesirable behaviours and experiences:
·
decreased
moral internalization (self-discipline),
·
increased
child aggression,
·
increased
child delinquent and antisocial behaviour,
·
decreased
quality of relationship between parent and child,
·
decreased
child mental health,
·
increased
risk of being a victim of physical abuse,
·
increased
adult aggression,
·
increased
adult criminality and antisocial behaviour,
·
decreased
adult mental health, and
·
increased
risk of abusing own child or spouse.
Corporal punishment was associated with only one
desirable behaviour, namely, increased immediate compliance.
Clause
139 (7)
The Children’s Bill Working
Group Sub-Group on Corporal Punishment and Positive Discipline (of which I am a
member) has made a submission concerning the wording of section 139 (7). I support the wording suggested, for the
reasons given in that submission. The
following wording is suggested.
139 (7): Prosecution of a
parent or person holding parental responsibilities and rights referred to in
subsection (6) may be instituted if the punishment constitutes abuse this
is in the best interests of the child.
Sincerely
CAROL BOWER
Independent Consultant
Nieuwoudtville
8180