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Sweden was the world's first nation to outlaw all corporal punishment of children in 1966, when the law that permitted parents to use corporal punishment of their children became removed and fully replaced with the constitution of assault under the Penal Code; however, even though the law no longer supported parents' right to use physical ...
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or ...
The Court, however, could and did follow previous interpretations of cruel and unusual punishments in pre-Charter case law, namely Miller and Cockriell v. The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so excessive as to outrage standards of decency" or "grossly disproportionate to what would have been appropriate."
[43] [2] In some other countries, corporal punishment is legal, but restricted (e.g. blows to the head are outlawed, implements may not be used, only children within a certain age range may be spanked). In all states of the United States and most African and Asian nations, corporal punishment by parents is legal.
Traditionally, corporal punishment of minor children is legal unless it is explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". [21]
In 1990, the United Nations Convention on the Rights of the Child established an obligation to “prohibit all corporal punishment of children.” The U.S. was the convention's lone holdout.
"The American Academy of Pediatrics recommends that corporal punishment in all school settings be abolished in all states by law and replaced by alternative forms of student behavior management.
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life , liberty and security of the person .