UNDERSTANDING CHILDREN'S RIGHTS: THEORY AND PRACTICE

This article discusses the meaning of children's rights in the context of the European Convention on Human Rights and the UN Convention on the Rights of the Child. Both place primary responsibility for the upbringing and education of children on their parents and families. The freedom of parents to bring up their children in their own way is an important component of a liberal democracy founded on respect for individual differences. So if parents believe in moderate corporal punishment as a means of educating their children in their own religious beliefs, is the state justified in banning such punishment either in school or in the home in order to protect the children's rights? This article discusses the children's rights which are protected by doing so.     

禁止体罚儿童的国际法律规定与国内法律实施——以家庭内体罚儿童为视角

普遍存在的体罚儿童现象随着国际社会对儿童权利的关注逐渐进入人们的视野,特别是家庭内部的儿童体罚问题也开始受到关注。近年来,禁止一切形式的儿童体罚的观念逐渐被越来越多的国家所接受。探析儿童体罚问题的原因和危害,从国际人权文件和我国国内法律体系中寻找家庭内部禁止体罚儿童的依据,以类型化分析的方法比较世界各国保护儿童的立法例及其进展,借鉴外国禁止体罚的立法实践,针对我国在禁止家庭内体罚儿童中存在的种种问题,提出若干改进方向,以求尽快达到禁止体罚儿童的国际人权法律标准、不断改善国内儿童权利保护状况十分必要。     

Stress Appraisal and Attitudes Towards Corporal Punishment as Intervening Processes Between Corporal Punishment and Subsequent Mental Health

The purpose of this research was to examine the role of within-person processes in determining the impact of parental corporal punishment on mental health in older adolescents. A stress appraisal scale specific to corporal punishment and an attitudes towards corporal punishment scale were developed for this study and examined as determinants of the impact of corporal punishment on psychological and parent-child relationship outcomes. Results of this research indicated that participants’ evaluations of their parents’ corporal punishment as threatening was more important than the actual frequency of corporal punishment in determining adolescent mental health, and were significantly associated with the mental health measures after controlling for other elements of parenting. In addition, the mother-child relationship was more adversely impacted by mothers’ corporal punishment when adolescents evaluated that punishment negatively. These results enhance theoretical models describing intrapersonal processes through which subabusive parental violence affects children and can help to improve intervention efforts aimed at reducing negative outcomes associated with corporal punishment.     

Predicting adult approval of corporal punishment from childhood parenting experiences

This study explores the relationship between mothers' approval of corporal punishment and the degree to which they themselves were subjected to violence as children. Considered as additional contributing factors are: (1) whether the mothers as children were punished by their own parents, (2) whether they perceived such punishment as unfair, and (3) the degree of parental nurture they experienced as children. The sample consisted of 330 new mothers whose mother and father both lived in the home when they were 14 years of age. Respondents were interviewed at home one to two months following their infants' discharge from the hospital. After controlling for race and income, no relationship was found between approval of corporal punishment and the violence to which mothers were subjected as children. However, significant associations were found between such approval and: (1) whether mothers were punished by their parents, and (2) maternal (but not paternal) nurture. Perceptions that parental punishment was unfair failed to contribute to such approval. Altogether, parental factors in mothers' childhoods, excluding race and income, accounted for 8.9% of the variance in approval of corporal punishment.     

Explaining School Corporal Punishment: Evangelical Protestantism and Social Capital in a Path Model

School corporal punishment is associated with many negative outcomes. This research explores the antecedents to the practice and prevalence of school corporal punishment. A series of regression models indicated that two variables were significant predictors of a state’s practice of school corporal punishment: rate of evangelical Protestant adherents and social capital. A path analysis indicated that these two variables significantly predicted the rate of school corporal punishment in practicing states. The path analysis also revealed a significant and negative relationship between rate of evangelical Protestant adherents and social capital, but no relationship between rate of mainstream Protestant adherents and social capital. A mediation analysis indicated that social capital serves as a mediating variable between evangelical Protestantism and rate of school corporal punishment. Practical and theoretical implications are discussed.     

The Increasing Effectiveness of National Gender Quotas, 1990–2010

National gender quotas—policies that require a certain percentage of women candidates or legislators—are becoming more effective over time. Using data on 145 countries from 1990 to 2010, we document this trend with latent growth‐curve models. Part of the explanation for increasing effectiveness is that countries have ratcheted up targets for women's inclusion and that quotas are increasingly written in ways that make them more effective at achieving stated goals. Activists, political elites, and policy makers have learned over time which quota policies are most effective, resulting in quotas with provisions that more often lead to success. But, changes in rules alone do not account for the increasing effectiveness of quotas over time. It appears that changing norms about women's incorporation in politics are also increasing quota effectiveness regardless of policy design.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

A CROSS‐CULTURAL EXAMINATION OF THE LINK BETWEEN CORPORAL PUNISHMENT AND ADOLESCENT ANTISOCIAL BEHAVIOR*

Several studies with older children have reported a positive relationship between parental use of corporal punishment and child conduct problems. This has lead some social scientists to conclude that physical discipline fosters antisocial behavior. In an attempt to avoid the methodological difficulties that have plagued past research on this issue, the present study used a proportional measure of corporal punishment, controlled for earlier behavior problems and other dimensions of parenting, and tested for interaction and curvilinear effects. The analyses were performed using a sample of Iowa families that displayed moderate use of corporal punishment and a Taiwanese sample that demonstrated more frequent and severe use of physical discipline, especially by fathers. For both samples, level of parental warmth/control (i.e., support, monitoring, and inductive reasoning) was the strongest predictor of adolescent conduct problems. There was little evidence of a relationship between corporal punishment and conduct problems for the Iowa sample. For the Taiwanese families, corporal punishment was unrelated to conduct problems when mothers were high on warmth/control, but positively associated with conduct problems when they were low on warmtwcontrol, An interaction between corporal punishment and warmth/Wcontro1 was found for Taiwanese fathers as well. For these fathers, there was also evidence of a curvilinear relationship, with the association between corporal punishment and conduct problems becoming much stronger at extreme levels of corporal punishment. Overall, the results are consistent with the hypothesis that it is when parents engage in severe forms of corporal punishment, or administer physical discipline in the absence of parental warmth and involvement, that children feel angry and unjustly treated, defy parental authority, and engage in antisocial behavior.     

Corporal Punishment and Kids: How Do Parent Support and Gender Influence Child Adjustment?

Previous research on corporal punishment has failed to consider the interaction of parent support and parent gender in predicting child outcomes. The current study examined whether parental support moderated the effects of corporal punishment on child outcomes (i.e., depression and aggression), and more specifically, whether the gender of the supportive parent moderated the effects of punishment from the opposite-sex parent. Results differed depending on the gender of the punishing and supportive parents, suggesting that parental support can be a protective factor in child outcomes but only under certain conditions. Mother support moderated the effects of father punishment on child depression but not child aggression. High corporal punishment by father was related to more child depression at both high and low levels of mother support. High levels of mother support only seemed important (i.e., children were less depressed) at low levels of father corporal punishment. In contrast, father support moderated the relationship between mother corporal punishment and child aggression but not depression. Children with high father support showed less aggression across all levels of mother corporal punishment. At low levels of father support, child aggression increased as mother corporal punishment increased. For depression, mother corporal punishment was positively related to child depression regardless of level of father support. These findings suggest differential effects for mother and father support and have implications for the treatment and prevention of negative outcomes in children who are physically punished by their parents.

CHILDREN'S RIGHTS IN EUROPEAN LEGAL PROCEEDINGS: WHY ARE FAMILY PRACTICES SO DIFFERENT FROM LEGAL THEORIES?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children's rights. Of course, not all advocates lay claim to children's rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children's rights in custody disputes from a European perspective, particularly children's legal right to contact with their parents, as well as the children's right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother's, father's, or child's rights.     

Moderate spanking: Model or deterrent of children's aggression in the family?

Previous research has rarely distinguished among the effects of minimal, moderate, and severe physical punishment on children's antisocial aggression. Using a nationally representative sample, this study compared the effects of different frequencies of physical punishment on children's reported physical aggression against other family members. In addition, the interaction of parental reasoning with physical punishment was examined. All analyses were repeated for preschoolers, preadolescents, and adolescents. The results generally indicated a linear positive association between physical punishment and child aggression. For preadolescent and adolescent aggression toward the parent, however, this association depended upon parental use of reasoning, such that spanking had a minimal effect on aggression for frequent reasoners. The combination of infrequent reasoning and frequent spanking was associated with dramatically increased aggression. The conclusion emphasizes additional unresolved issues about the effects of spanking, particularly the ambiguous direction of causal influence between parent and child.     

Justice or Welfare? Nordic Women's Shelters and Children's Rights Organizations on Children Exposed to Violence

Efforts to promote the protection of, and support to, abused women have opened up new understandings concerning children who see, hear, or in other ways are exposed to men's violence against women and its consequences. On the basis of a redefinition of children exposed to violence into children subjected to violence, some important policy changes have recently been made in the Nordic countries as regards children's status as crime victims. To enable a better understanding of the context of such changes in policy, this article explores the extent to which Nordic women's shelter/crisis centre organizations and children's rights organizations draw upon a justice discourse in relation to the issue of children exposed to violence. The analysis is based upon a study of 10 organizations working at a national level in Denmark, Finland, Norway, and Sweden.     

The effect of social dominance orientation on perceptions of corporal punishment

Previous research has suggested the use of corporal punishment is widely endorsed in our society (Straus, 2000; Straus & Stewart, 1999). Furthermore, perceptions of what constitutes corporal punishment vary. The present study examined social dominance orientation (SDO) and age of child as potential factors that may influence perceptions of what is viewed as corporal punishment versus physical abuse. The sample consisted of 206 undergraduate students enrolled at a Rocky Mountain University. A series of regressions were used to examine the relationships between SDO and six forms of punishment. Findings suggest, higher levels of SDO are significantly related to more ratings of physical punishment versus physical abuse. The primary findings of the present study showed SDO was significantly related to how an individual perceives corporal punishment. These results have important implications by serving as a stepping-stone into further understanding what factors may have an influence on perceptions of corporal punishment.     

Bridging the Gender Gap In Bill Sponsorship

Under what circumstances do men sponsor issues that are traditionally regarded as salient primarily to women? By examining the sponsorship of legislation in the upper and lower chambers of 15 state legislatures in 2001, we explored the conditions under which men are likely to focus attention on policy areas involving women's issues and children's issues. We found little effect of institutional context (such as party control of the legislature or diversity within the legislature) on the sponsorship behavior of either men or women. Personal characteristics such as race, education, age, and family circumstances are associated with sponsorship by men, but not by women. Committee service is also strongly associated with sponsorship behavior, particularly for men. Differences in sponsorship are relatively marked in the sponsorship of legislation that focuses on reproduction or other health issues particularly relevant to women. We conclude that the boundaries of the set of issues traditionally defined as “women's issues” may be changing over time and that it is important to recognize that the influences on the sponsorship of women's issues can be different for men than they are for women.     

Predicting Conduct Problems from Community and Family Violence: The Moderating Effects of Hurricane Katrina

Although the devastation was immediately apparent, the effects of Hurricane Katrina on the behavior of youth are just now being revealed. Much post-disaster research targets adjustment of adults, but ample evidence indicates that youth experience a variety of psychological symptoms following a disaster, including depressive symptoms, aggression, and symptoms of posttraumatic stress. The aim of the current study was to determine whether hurricane exposure serves as a risk factor for developing conduct problems among violence-exposed youth. Results indicate that hurricane exposure had differential effects on the relations between conduct problems and community violence versus corporal punishment in the home. Though not statistically significant, there was an unexpected trend for youth with high hurricane exposure to show decreased conduct problems and those with low hurricane exposure to show increased conduct problems as violence exposure increased. Hurricane exposure played the predicted role in the relation between corporal punishment and conduct problems, such that high levels of hurricane exposure predicted increased conduct problems among youth experiencing high levels of corporal punishment, but not among those experiencing low levels of corporal punishment. Implications for future research and practice are discussed.     

Intergenerational Transmission of Parental Corporal Punishment in China: The Moderating Role of Spouse’s Corporal Punishment

Intergenerational patterns in the transmission of parental corporal punishment and the moderating effects of the spouses’ use of discipline on these patterns in China were examined. A total of 761 father-mother dyads reported on their experience of corporal punishment in childhood and their current use of discipline toward children. Results indicated that corporal punishment was transmitted across generations in China, and the strength of transmission was stronger for mild corporal punishment than for severe corporal punishment. Moreover, fathers’ corporal punishment moderated the transmission of the mothers’ discipline, but the moderating impact of mothers on the fathers’ discipline was absent. These findings suggest that the intergenerational transmission of corporal punishment differs according to severity and is moderated by the spouses’ discipline.     

Women's Representation in the Scottish Parliament and National Assembly for Wales: Party Dynamics for Achieving Critical Mass

The new Scottish Parliament and National Assembly for Wales elected in May 1999 were notable for the high levels of women's representation amongst their membership. This article examines the decisions taken by the main political parties about candidate selection and specifically the promotion of women candidates, exploring some of the inter and intra party dynamics influencing this result. The most significant changes were achieved in those parties that adopted rigid policies of positive action in favour of women. The decisions to adopt such systems were influenced by party ideology, degree of centralised leadership control and presence of women in positions of power within party elites. The environment in which such measures were considered was also highly influenced by the new electoral system and the presence of women activists in the design of the new institutions, particularly in Scotland. Together, these factors made women's representation a central feature in party competition.     

To object or not to object: The question of women judges in Egypt

Developing countries where women have not been permitted into the judiciary are excluded from feminist scholarship on women and the law. Such exclusion limits comparative views to a specific cultural‐historical domain. This paper explores the case of Egypt, where women have not entered the judiciary, in an attempt to extend the cross‐cultural discussion. A premise of the paper is that a theological vision of women's gender roles, which is qualitatively different from the prevailing one in the West, is a strong influencing factor on women's access to the judiciary in Egypt. After presenting a brief overview of women's status in Islam, this paper explores perspectives on women's role as judges within Islamic Shari'a. Building on the brief exploration of Islam's views regarding women's access to the judiciary, this paper then presents contemporary debates regarding women as judges in the Egyptian case. A recommendation for a more careful examination of the theological influences on the Egyptian debate regarding women's access to the judiciary concludes the paper.     

汉初的刑罚体系

汉初的刑罚体系是文景刑制改革的基础,由“笞”、“罚”和作为正“刑”的各种肉刑、死刑组成。肉刑一般不单独运用,往往“刑尽”后,又罚使劳役。这样形成一个从轻到重,从生到死,相互衔接,有等次的刑罚统一体。过误、特殊的犯罪主体以及轻罪,适用“罚金”、“赎刑”。故意、重罪适用劳役、肉刑,直到死刑。文景改革以后,笞刑取代肉刑,劳役由无期变为有期。此外,汉初刑罚体系明显受先秦刑罚思想的影响,刑罚被视为对犯罪者的“报复”,有强烈的特殊预防和一般预防的色彩。     

Characteristic Features of Severe Child Physical Abuse—A Multi-informant Approach

Minor child physical abuse has decreased in Sweden since 1979, when a law banning corporal punishment of children was passed, but more serious forms have not decreased. The aim of this study was to examine risk and background factors in cases of severe child abuse reported to the police. Files from different agencies (e.g., Social services, Adult and Child psychiatry and Pediatric clinic) for 20 children and 34 caretakers were studied. An accumulation of risk factors was found. It is concluded that when the following four factors are present, there is a risk for severe child abuse: 1) a person with a tendency to use violence in conflict situations; 2) a strong level of stress on the perpetrator and the family; 3) an insufficient social network that does not manage to protect the child; 4) a child that does not manage to protect him or herself. Thus, multiple sources of information must be used when investigating child abuse.