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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 ...
In the majority of states, physical punishment by a parent remains legal under statutes making exceptions to the state's law on the crimes of assault, criminal battery, domestic violence, sexual assault, sexual abuse or child abuse. These exceptions usually establish that no crime has been committed when certain actions are applied to a minor ...
Many existing laws against battery, assault, and/or child abuse make exceptions for "reasonable" physical punishment by parents, a defence rooted in common law and specifically English law. During the late 20th and into the 21st century, some countries began removing legal defences for adult guardians' use of corporal punishment, followed by ...
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 USA Supreme Court in a 5–4 judgment penned by Justice Anthony Kennedy on June 25, 2008, prohibited executions of individuals convicted of child rape: "the death penalty is not a proportional punishment for the rape of a child, despite the horrendous nature of the crime." Kennedy reserved capital punishment only "for crimes that involve a ...
The assessment is based on an international child rights convention, but the United States is the only U.N. member not to have adopted the treaty. Michigan laws on child marriage, corporal ...
In 1977, the question of the legality of corporal punishment in schools was brought to the Supreme Court. At this point, only New Jersey (1867), Massachusetts (1971), Hawaii (1973), and Maine (1975) had outlawed physical punishment in public schools, and just New Jersey had also outlawed the practice in private schools.
The UN Committee on the Rights of the Child defines "corporal punishment" as: any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting ("smacking", "slapping", "spanking") children, with the hand or with an implement – whip, stick, belt, shoe, wooden spoon, etc.