Defining Reasonable Force/ Does it advance child protection? Flashcards
(20 cards)
What is Section 43 of the Canadian Criminal Code?
It allows parents and teachers to use ‘reasonable’ force to discipline children.
What did the Supreme Court of Canada attempt in 2004 regarding Section 43?
They set limits to define what constitutes ‘reasonable force’ to better protect children.
Name one criterion set by the Supreme Court for reasonable force.
The child must be between the ages of 2 and 12 years.
Why is the use of physical punishment controversial in child protection?
Research shows it increases the risk of abuse and negative child outcomes.
How many countries have abolished all physical punishment of children?
52 countries.
What did the Durrant et al. (2009) study find about the court’s limits?
Most substantiated abuse cases still fell within the limits set by the court.
What position advocates for eliminating all physical punishment?
The abolition position.
What position supports setting strict limits on physical punishment?
The limitation position.
What is a major flaw in the limitation position?
It assumes that limited use of force can be clearly separated from abuse, which evidence does not support.
What did the OIS-2013 data show about spanking?
Spanking was a stronger predictor of substantiated abuse than most court-defined limits.
Was spanking in the home a significant predictor of substantiated abuse?
Yes, it was the strongest predictor in regression analyses.
Did the use of objects during punishment affect the odds of substantiation?
No, it was not a significant predictor.
What age group was most commonly involved in substantiated abuse cases?
Children aged 2–12 years.
What percentage of substantiated abuse cases involved spanking at home?
About 39.2%.
What is the primary critique of Canada’s approach to defining reasonable force?
It fails to distinguish abusive acts from permissible punishment effectively.
What does the Convention on the Rights of the Child say about physical punishment?
It states that all forms of physical punishment are a form of violence.
What is a key implication of this study’s findings?
Abolishing all physical punishment is more effective than setting arbitrary limits.
What percentage of substantiated cases did not exceed any of the court’s limits?
28.4%.
Why is corrective intent not a reliable criterion for abuse?
Because most abuse cases still involve a corrective motive.
What do the authors recommend based on their findings?
Full abolition of physical punishment to better protect children.
