Time to abolish the Canadian law that allows adults to spank and hit children
Some Canadians are not aware of this and are surprised to learn that such a law exists, whereas others want to hold onto this archaic act.
- Some Canadians are not aware of this and are surprised to learn that such a law exists, whereas others want to hold onto this archaic act.
- A growing number of Canadians, however, are aware of the law and understand the need to have Section 43 abolished.
- The real question is why hasn’t our country already removed permission to hit children from the Criminal Code of Canada?
Why corporal punishment should never be used
- The United Nations Committee on the Rights of the Child defines corporal punishment (also referred to as physical punishment) as punishment that uses physical force that is intended to cause pain or discomfort even if it is very mild or light.
- Corporal punishment can include hitting, spanking, smacking, slapping, kicking, shaking, scratching, pinching or biting, among other physical acts.
- Because of serious concerns about the significant negative outcomes associated with corporal punishment, the American Academy of Pediatrics published a statement in 2018 clearly recommending against any physical punishment, including spanking, hitting and slapping.
Barriers to repealing Section 43
- The question remains: Why hasn’t Canada already repealed Section 43 of the Criminal Code?
- Many children, youth and adults experience numerous poor outcomes across their lifespan related to being spanked in childhood.
- A common misconception related to the repeal of Section 43 is that laws banning corporal punishment will mean criminalization and incarceration of parents.
Evidence of changing public attitudes
- Importantly, research from several countries indicates that legislation prohibiting corporal punishment may be the most effective method of reducing public support for the use of corporal punishment.
- Bans alone may not be sufficient; they should be enacted in combination with public awareness and education campaigns.
- Tracie O. Afifi receives funding from the Canadian Institutes of Health Research, Canada Research Chairs, and the Public Health Agency of Canada for work related to her program of research.