Proposed Bill to Ban Spanking Supported by Many

California's state legislature is considering passing a law that would ban spanking children, making California the first and only state to outlaw spanking as punishment. The bill was proposed by Assemblywoman Sally Lieber, a Democrat, and will ban parents from spanking any child 4 years of age or younger. In effect any parent caught spanking would face a misdemeanor charge punishable by up to a year in jail or a fine up to $1,000. Lieber promises to introduce this bill next week.

Though this is seen as a groundbreaking human rights proposal in the United States, it is another step forward than many other countries have already taken. In 15 European countries it is illegal for a parent or a teacher to hit a child. Sweden (1979), Finland (1983), Norway (1987), Austria (1989), Cyprus (1994), Denmark (1997), Latvia (1998), Croatia (1999), Bulgaria (2000), Germany (2000), Iceland (2003), Romania (2004), Ukraine (2004) and Hungary (2005), and Greece (2007) all have passed laws that protect children from physical punishment by spanking. Several human rights groups, such as End Punishment of Children (EPOCH) and Parents and Teachers Against Violence in Education (PTAVE), have worked hard to raise awareness to the negative effects that spanking can have on a child.

The ban on spanking bill is expected to meet with opposition from many Republicans. Issues such as how such a bill can be enforced and fears that legislation of that nature could be over-regulating the family lives of those in California are a few of the complaints that have already been voiced. But opposition to the bill could change over time. In 1978 When Sweden passed legislation to stop spanking 70% of population polled were against it. However just twenty years later a new poll in 1997 showed that only 10% were still against a ban on spanking, showing that the cultural feeling on spanking had greatly changed.

Many feel that the ban on spanking in California would finally afford children the same rights as adults. In fact corporal punishment for adults has been illegal for several years. Flogging, used in the Navy as punishment for drunken or disorderly conduct was abolished in 1853. Even in prisons in the U.S. flogging of a prisoner was made illegal in 1957. At one time, in fact, a husband could use physical punishment on his wife when upset without worry of legal repercussions as it was considered a "reasonable chastisement of wives". While laws have been passed to protect adults from such forms of punishment children are still vulnerable to discipline and punishment in the form of spanking. California law currently permits spanking by parents unless the degree of force is excessive or not appropriate for the child's age, though what is excessive or not appropriate is left to opinion and can vary greatly.

Those in favor of this bill becoming law state that spanking is not an effective or appropriate way to discipline and teach children. Elizabeth Thompson Gershoff, PhD, of the National Center for Children in Poverty at Columbia University studied children and the effect that corporal spanking had. In her study the only positive effect that could be associated with spanking was immediate compliance on the part of the child, beyond that she found ten negative associations such as aggression and anti-social behavior. Opponents to spanking say that physical punishment does not teach a child right from wrong but instead only enforces a belief that "might makes right" and that hitting is an effective way to express feeling and solve problems. Many say that there are more effective ways to handle negative behavior in children that will also help them to learn how to resolve conflict later in life. Experts such as Jan Hunt, M.Sc. feels that "In many cases of so-called "bad behavior", the child is simply responding in the only way he can, given his age and experience, to neglect of basic needs. Among these needs are: proper sleep and nutrition, treatment of hidden allergy, fresh air, exercise, and sufficient freedom to explore the world around him." She goes on to say that "It is surely wrong and unfair to punish a child for responding in a natural way to having important needs neglected."

Many in favor of spanking often cite "Spare the rod, spoil the child" as divine authority to use physical punishment on children. This phrase comes from several passages in the Bible, such as "He who spareth the rod hateth his son: but he that loveth him correcteth him betimes" (Proverbs 13:24) and "The rod of correction imparts wisdom, but a child left to itself disgraces his mother." (Prov. 29:15). Dr. William Sears, however, disputes this interpretation. Dr. Sears says "While the rod could be used for hitting, it was more frequently used for guiding wandering sheep. Shepherds didn't use the rod to beat their sheep - and children are certainly more valuable than sheep" Looking at other instances of a rod being mentioned, such as "Your rod and your staff, they comfort me." (Psalm 23:4)
we can see that clearly the rod was not meant to be a source of pain as spanking often is, but a source of comfort.

Others in support of spanking as a form of discipline for children often use the "I was spanked and I turned out just fine" line of reasoning. This reasoning is often used to support many things that research shows to be harmful in children, from smoking during pregnancy to eating fast food. However many professionals believe that the violence, drug use, and hate that we see so offend on the news is the adult manifestation of physical punishment in a child. Psychoanalyst and author Alice Miller says "The claim that mild punishment, such as smacks or slaps, have no detrimental effects is still widespread because we got this message from our parents, who got it from theirs. It is this conviction which helps the child to minimize or numb their suffering so that each generation is subjected to the seemingly harmless effects of physical correction. 'What hasn't harmed me cannot harm my child', we tell ourselves. Such a conclusion is wrong because people have never challenged their assumptions."

Many respected organizations such as the European Committee of Social Rights, The Human Rights Committee, Committee on Economic, Social and Cultural Rights, and the Committee Against Torture have all condemned corporal punishment for children. A national coalition of organizations facilitated by the Children's Hospital of Eastern Ontario in Canada released a Joint Statement on Physical Punishment of Children and Youth in 2004 which stated "The evidence is clear and compelling - physical punishment of children and youth plays no useful role in their upbringing and poses only risks to their development. The conclusion is equally compelling - parents should be strongly encouraged to develop alternative and positive approaches to discipline." In the United States the American Academy of Pediatrics (AAP) has held a stance against corporal punishment such as spanking since 1996, saying spanking is "a less effective strategy than time-out or removal of privileges".

If the bill to ban spanking in California passes it will be in good company among the many other laws in effect around the world that serve to end corporal punishment for children. With encouragement from many respected organizations who endorse alternative approaches to discipline and a growing number of people who are choosing not to spank their children California may become the first of many states who enact anti-spanking laws. In time the United States may even add its name to the list of countries in which spanking children is illegal.