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。     

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.

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.     

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.     

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.     

A Comparative Analysis of the Corporal Punishment of Children: An Exploration of Human Rights and U.S. Law

Using a comparative perspective, this paper explores two approaches to child/adult relationships and the practice of corporal punishment: a human rights perspective and a traditional perspective reflected in U.S. law. Source material for our analysis draws on statutes, court decisions, and human rights conventions relating to the status of children and corporal punishment. Legislation and case law reflecting each perspective are presented and analyzed. Discussions of the nature of and reasons for differences include: the absence of human rights principles as a touchstone for U.S. law, the avoidance of linking corporal punishment and violence in the law, and the persistence of a colonial model of child/adult relationships structured around adult dominance and control of children. In contrast, a human rights model has at its core the human dignity of the child. This approach extends human rights to children and discourages corporal punishment and oppressive relationships between adults and children. Finally, this paper discusses the value of bringing a human rights approach to our understanding of child/adult relationships and the use of corporal punishment against children.     

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.     

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.     

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。     

Opinions about child corporal punishment and influencing factors

The use of corporal punishment has been linked to negative developmental outcomes for children. Despite this finding, Section 43 of the Canadian Criminal Code permits the use of corporal punishment by parents for children 2 to 12 years of age. Therefore, this study's first objective is to investigate opinions toward Section 43 and spanking more generally. The second objective is to investigate predictors of opinions toward Section 43 and spanking more generally. The sample consists of 818 nonparents (70.7% female, 29.0% male) who completed an online study. Results indicate that 38.6% were favorable toward upholding Section 43. However, this decreases to 25.8% when a condition is included, stating that parents would not be prosecuted for mild slaps or spankings. For attitudes toward spanking more generally, results reveal that 16.7% of the participants held favorable attitudes. Hierarchical regression analyses reveal that planning to use corporal punishment upon becoming a parent predicted having a more favorable attitude toward Section 43 as well as toward spanking more generally (after controlling for sociodemographics). In contrast, having experienced violence during one's childhood predicts having less favorable attitudes toward Section 43 and spanking more generally. Significant interactions are found between childhood experiences of corporal punishment and perceptions of parental warmth/support and impulsiveness during discipline in predicting attitudes toward spanking. Those who report experiencing more corporal punishment during childhood but also more parental warmth/support hold more favorable attitudes toward spanking and those who report experiencing more corporal punishment during childhood and also more parental impulsiveness hold less favorable attitudes toward spanking. Findings indicate that examining opinions toward Section 43 and spanking separately is important because these concepts are not synonymous. In addition, both more immediate factors and those related to one's developmental history play a role in predicting opinions toward Section 43 and spanking more generally.     

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.     

The Global Adoption of National Policies Protecting Children from Violent Discipline in Schools and Homes, 1950–2011

With a focus on the relationship between women's and children's rights and theories of globalization, we conduct an event history analysis of more than 150 countries between 1950 and 2011 to assess the factors associated with policies banning corporal punishment in schools and homes. Our research reveals that formal condemnation of corporal punishment in schools is becoming a global norm; policies banning corporal punishment in the home, in contrast, are being adopted more slowly. We find that the percentage of women in parliament is associated with the adoption of anti‐corporal punishment policies in both schools and homes, suggesting a nexus between women's and children's issues. Countries with more ethnic diversity are slower to adopt home policies, however. We propose that minority groups in these countries may be resistant to laws because of the risk of selective or prejudicial enforcement. In terms of globalization, more aid is associated with both school and home policies, and countries that have ratified the Convention on the Rights of the Child are more likely to adopt home policies. Surprisingly, international nongovernmental organizations are not significantly associated with either type of policy adoption.     

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.     

Regional differences in spanking experiences and attitudes: A comparison of Northeastern and Southern college students

This study examined regional differences in college students experiences with corporal punishment. Students from two universities, one in the Northeast and one in the South, were surveyed about three aspects of spanking: their experiences receiving physical punishment, their assessments of their punishments, and their attitudes toward spanking. In general, Northeastern students were less likely than Southern students to have been hit and were hit less frequently. Further, Northeastern students were less likely than Southern students to feel that their spankings were justified, and less likely to favor spanking. Analyses of covariance for selected dependent variables controlling for religion, parents' education, and gender revealed that the effect of region was more important for attitudes than for behaviors. Implications of the findings for parents, children, and family professionals are discussed.     

Religious influence on parental attitudes toward the use of corporal punishment

Certain Biblical passages if interpreted literally can be understood as advocating the use of corporal punishment in disciplining children. The purpose of this research was to determine if persons affiliated with religious denominations which emphasized a literal belief in the Bible would demonstrate less appropriate attitudes with regard to discipline than their counterparts who were affiliated with religious denominations which do not subscribe to a literal interpretation of the Bible. The sample consisted of 881 persons who were members of denominations classified as literal or nonliteral believers. Statistically significant differences were noted on the Physical Punishment Scale of the Adult Adolescent Parenting Inventory with persons, regardless of gender or their level of education, who were members of churches subscribing to a literal belief in the Bible preferring the use of corporal punishment over alternate methods of discipline as compared to their nonliteral counterparts.     

Corporal Punishment: Examining Attitudes Toward the Law and Factors Influencing Attitude Change

There remains considerable societal support for child corporal punishment, despite much research about its ineffectiveness and potential harm to children. We examined attitudes toward Section 43 of the Canadian Criminal Code which gives parents the right to use reasonable physical force for discipline purposes. We also examined attitude change and predictors of this change. Participants (N?=?212) completed an on-line study, which found that 39.2 % disagreed with ending Section 43. Upon presentation of corporal punishment-related information, the majority (63.8–70.5 %) now indicated being in favor of ending Section 43. Attitude change was highest for information on the potential for child abuse. Socio-demographics (ethnicity, religion), childhood disciplinary experiences (non-punitive discipline), and discipline perceptions (parental warmth/involvement) predicted attitude change. Results indicate that providing information about corporal punishment is key to changing attitudes toward parents’ legal right to its use. Also, parental background and childhood discipline characteristics may differentially influence the amount of attitude change.     

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.     

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.     

To Spank or Not To Spank: The Effect of Situation and Age of Child on Support for Corporal Punishment

This study examined college students' attitudes toward spanking as a function of the situational context and age of the child. As expected, respondents were more likely to find spanking appropriate for preschool (ages 3–4) and early school age children (ages 7–8) than for older children (ages 11–12). Physical punishment was also viewed as more suitable when the child's misbehavior was disrespectful (talking back to a parent), or violated strongly held norms (hitting a playmate, stealing), and less appropriate for age-related or less serious misbehavior. Gender and race differences emerged, with males and blacks showing more support for corporal punishment than females and whites. In general, findings revealed strong support for spanking, although there was evidence of some ambivalence, especially among white and female respondents. Implications of the findings are discussed.     

Risk Factor Models for Adolescent Verbal and Physical Aggression Toward Fathers

Using a French-Canadian population-based longitudinal data set, we examine the impact of socioeconomic factors (paternal education and family structure); inherent individual factors (child gender and developmental trajectories of physical aggression from early to later childhood, problematic substance use), family environment (concurrent parent-child involvement, parental problematic substance use), and prospective and concurrent parenting process variables (mean parental supervision at puberty, concurrent punishment practices) as predictors of adolescent-directed aggression against fathers (in the last 6 months). A childhood behavioral pattern characterized by physical aggression showed the highest risk of adolescent-directed verbal and physical aggression toward fathers, regardless of sex. In terms of parental practices, verbal (and not corporal) punishment in the last 6 months significantly predicted aggression toward fathers. A childhood life-course of violence is likely to culminate in aggression toward fathers during adolescence. Beyond this risk, it seems that harsh verbal punishment by parents builds up the odds of child-directed aggression against fathers.