Global progress towards banning all corporal punishment of children

A Scary Vintage Postcard
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http://www.endcorporalpunishment.org/pages/progress/global.html

From End Corporal Punishment official web site. In the following text the hypertext links, italicized, are deactivated. Please visit the web site.

Legal reforms to prohibit all corporal punishment of children – in the family home as well as in schools and other institutions and penal systems – are spreading fast.

In many states the law provides defences for parents, other carers and teachers who use corporal punishment to discipline children: provisions which allow “reasonable chastisement” or “lawful correction”. In addition there may be education laws providing for corporal punishment in schools and laws allowing corporal punishment in penal institutions and as a sentence of the courts.

Law reform to end corporal punishment involves removing any provisions authorising corporal punishment and removing any special defences that may exist, so that the criminal law on assault applies equally to any assault of a child, whether or not it is described as discipline. It is a fundamental principle of human rights – upheld in the Universal Declaration of Human Rights, article 7 and in the International Covenant on Civil and Political Rights, article 26 – that all are entitled to equal protection of the law without discrimination.

In some states the law is silent on corporal punishment of children, but nevertheless it is socially and legally accepted and therefore explicit prohibition is required.

Click (active link at the web site) for the latest summary information on progress towards universal prohibition, and selected facts and figures on states pursuing reform and states so far resisting.

Click (active link at the web site) for information of legislation in states which have achieved full prohibition.

Worldwide, corporal punishment in schools has been prohibited in at least 108 states. But at least 78 states have not prohibited corporal punishment as a disciplinary measure in penal institutions for children in conflict with the law, and 43 have not prohibited it as a judicial sentence of the courts for young people convicted of an offence.

Our online global table shows data for all states and dependent territories on the extent of prohibition in three categories: Home; School; Penal system. Listed alphabetically, select from below :

TABLE A-D | TABLE E-H | TABLE I-L | TABLE M-P | TABLE Q-T | TABLE U-Z (active links at the web site)

Also available from the table are individual reports for each state, with details of laws relating to corporal punishment in the home, schools, penal system and alternative care settings, as well as summaries of prevalence research and extracts from recommendations made by human rights treaty bodies. Click here for individual state reports.

Our global and regional tables, available as PDF files (updated August 2009), summarise the extent of prohibition in the home, schools, as a sentence for crime, as a disciplinary measure in penal institutions, and in alternative care settings. Download from here:

[Please visit the web site for latest data]

This analysis has been compiled from information from governmental and non-governmental sources, including reports on implementation of the Convention on the Rights of the Child. Every effort is made to maintain its accuracy. Please send us updating information and details of sources for missing information: info@endcorporalpunishment.org.

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Trying to convert people surely is a waste of time

parent and child
Image by k.Akagami via Flickr

I’m sure that people who favored slavery would have made the same argument. As would have those who did not want to grant women the right to vote, people of mixed races to marry, and blacks to use the same drinking fountain as whites. Nonetheless, change came about.

Realistically what we write here is not going to convert any bigots, or people who cannot see the injustice of the present system because they were raised to think belief was a duty. If it’s a choice of following what we advocate versus following what they think their god would say — well we know what the decision will be. God has the hell weapon in his arsenal.

It is an interesting fact that children who were punished physically during their childhood frequently defend the practice of hitting children. They also vociferously defend their parents. The analogy to people who were subjected to childhood religious indoctrination is rather striking and may stem from a similar psychological mechanism. All children are strongly indoctrinated with the idea that they must love their parents and obey them. The conditioning works against them seeing their parents in a true light.

Our project is interested in learning why parents believe forcing religion on their captive children is their right, even when shown that it can be harmful to some, probably large percentage, of children and that parent’s so called rights are on shaky moral ground. The indoctrination of children is customary, traditional, and shielded by strong taboos and tropes the institutions have put in place to guard themselves from criticism. Of that we may be sure.

Out of all the people who decide to objectively investigate and think about their options, there will be some percentage that agree that it is healthy to stop and question practices that are continued solely on the basis of tradition. In fact, solely on the basis of patriarchal tradition. In Rome, fathers could legally murder a rebellious son because family fortunes passed down the patriarchal line. It is no accident that we have a saying that a man’s home is his castle and the notion that it is wrong to interfere in another man’s castle is so strong. Child rearing is loaded with sanctimony and issues of male dominance and power. Conservatives just totally lose control of their bladders when parental “rights” are challenged. What about the rights of children? No one talks about that.

With the issue of childhood religious indoctrination, parents usually face pressure from family members, their co-religionists, clerics and what they themselves were forced to endure. The culture, institutions, and unfortunately even the law in the USA, offer formidable resistance to change. That does not mean that we cannot examine what is going on and see how it might be changed.

If the institutions are deprived of vulnerable children they are apt to strike a more reasonable tone. Free inquiry if allowed to flourish is the best defense we have against bad institutions and bad ideas. Children raised to value rational thought over superstition and dogma will make far more discerning consumers of religion and parents that are far more more fair to their offspring.

If the religious institutions of today are so good, so fair, and wise, they should not fear people who set out to question them and demand changes. The number one change would be to allow children a voice in decisions that effect them. Allow them to opt out if they are unhappy with religion. Respect their wishes. Let them question everything freely even the heretical bits. Let them say they don’t believe, if they don’t believe. They have a right to their own thoughts. The present practice is dishonest and unethical.

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Parental rights are not inalienable

The University of Virginia, designed by Thomas...
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Here in the USA there is far too much preference given to the doctrine of parental rights and children are suffering for this. Our family laws granting parents so much power rest solely on patriarchal custom, not on ethics and not on an inalienable right. It doesn’t help that our judges are just as infatuated with the supernatural as the most uneducated people in the land. There is no balance now on the Supreme Court.

Professor James G. Dwyer presents the arguments against our current doctrine of parent’s rights in a seminal paper and in his books. Briefly, we do not grant rights to one group of people to control the lives of another group of people except in this very unique case of parents and their children. The reason such rights are not granted is that according to our legal theory rights can only apply to an individual and must be self determining not other determining. Rights have a very technical meaning in the law, but people bandy the term around as though they actually know what they are talking about.

We especially should not grant such rights to a group of people who have questionable self serving motives, such as insuring the survival of a religion and using their children as instruments in such a scheme. This is why the Yoder decision will one day be reversed. If we can ever bring ourselves to impeach the conservative reactionaries Thomas and Scalia and put the court on a progressive track.

Inalianable: Natural rights (or inalienable rights) are rights which are not contingent upon the laws, customs, or beliefs of a particular society or polity. In contrast, legal rights (sometimes also called civil rights) are rights conveyed by a particular legal or political entity, rights as enshrined in law, and as such are contingent upon local laws, customs, or beliefs. Natural rights are thus necessarily universal, whereas legal rights are culturally and politically relative.

Inalienable rights are usually enshrined in human rights declarations. I don’t find anything about parental rights being inalienable in the UN Universal Declaration of Human Rights.

Obviously, Michael Ferris of HSLDA agrees that our parental rights doctrine is on shaky ground or why would his organization ParentalRights.org be clamoring to amend the US constitution to “protect” parental rights. Which like I say do not exist in the sense of natural rights. What he and his devious attorneys attempt to persuade people with is quotes from legal arguments they take out of context from various court decisions. People who are not constitutional lawyers buy his line. Then convinced the evil state is trying to rob them of their rights, they get all up in arms and send him money, which is the whole point. He stands as much chance of amending the constitution as I do.

The Swedes, some of the planets most bold social engineers, have created many laws far reaching laws concerning parent/child relationships. Libertarians, may all swoon now, but the Swedes seem to be doing pretty well as a society. You should know that by now.

Here is some news about how Swedes are going about amending their laws on sex ed.

http://www.thelocal.se/10298/20080306

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Secular Moslems Call for Islam to secularize

The St. Petersburg Declaration
April 5, 2007

We are secular Muslims, and secular persons of Muslim societies. We are believers, doubters, and unbelievers, brought together by a great struggle, not between the West and Islam, but between the free and the unfree.

We affirm the inviolable freedom of the individual conscience. We believe in the equality of all human persons.

We insist upon the separation of religion from state and the observance of universal human rights.

We find traditions of liberty, rationality, and tolerance in the rich histories of pre-Islamic and Islamic societies. These values do not belong to the West or the East; they are the common moral heritage of humankind.

We see no colonialism, racism, or so-called “Islamaphobia” in submitting Islamic practices to criticism or condemnation when they violate human reason or rights.

We call on the governments of the world to

  1. reject Sharia law, fatwa courts, clerical rule, and state-sanctioned religion in all their forms; oppose all penalties for blasphemy and apostasy, in accordance with Article 18 of the Universal Declaration of Human rights;
  2. eliminate practices, such as female circumcision, honor killing, forced veiling, and forced marriage, that further the oppression of women;
  3. protect sexual and gender minorities from persecution and violence;
  4. reform sectarian education that teaches intolerance and bigotry towards non-Muslims;
  5. and foster an open public sphere in which all matters may be discussed without coercion or intimidation.

We demand the release of Islam from its captivity to the totalitarian ambitions of power-hungry men and the rigid strictures of orthodoxy.

We enjoin academics and thinkers everywhere to embark on a fearless examination of the origins and sources of Islam, and to promulgate the ideals of free scientific and spiritual inquiry through cross-cultural translation, publishing, and the mass media.

We say to Muslim believers: there is a noble future for Islam as a personal faith, not a political doctrine;

to Christians, Jews, Buddhists, Hindus, Baha’is, and all members of non-Muslim faith communities: we stand with you as free and equal citizens;

and to nonbelievers: we defend your unqualified liberty to question and dissent.

Before any of us is a member of the Umma, the Body of Christ, or the Chosen People, we are all members of the community of conscience, the people who must choose for themselves.

Endorsed by:

Ayaan Hirsi Ali
Magdi Allam
Mithal Al-Alusi
Shaker Al-Nabulsi
Nonie Darwish
Afshin Ellian
Tawfik Hamid
Shahriar Kabir
Hasan Mahmud
Wafa Sultan
Amir Taheri
Ibn Warraq
Manda Zand Ervin
Banafsheh Zand-Bonazzi

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Johann Hari: Despite these riots, I stand by what I wrote – Johann Hari, Commentators – The Independent

Johann Hari: Despite these riots, I stand by what I wrote
The answer to the problems of free speech is always more free speech

Friday, 13 February 2009

Last week, I wrote an article defending free speech for everyone – and in response there have been riots, death threats, and the arrest of an editor who published the article.

Related articles

* Editor arrested for ‘outraging Muslims’

* Johann Hari: Why should I respect these oppressive religions?

Here’s how it happened. My column reported on a startling development at the United Nations. The UN Special Rapporteur on Human Rights has always had the job of investigating governments who forcibly take the fundamental human right to free speech from their citizens with violence. But in the past year, a coalition of religious fundamentalist states has successfully fought to change her job description. Now, she has to report on “abuses of free expression” including “defamation of religions and prophets.” Instead of defending free speech, she must now oppose it.

I argued this was a symbol of how religious fundamentalists – of all stripes – have been progressively stripping away the right to freely discuss their faiths. They claim religious ideas are unique and cannot be discussed freely; instead, they must be “respected” – by which they mean unchallenged. So now, whenever anyone on the UN Human Rights Council tries to discuss the stoning of “adulterous” women, the hanging of gay people, or the marrying off of ten year old girls to grandfathers, they are silenced by the chair on the grounds these are “religious” issues, and it is “offensive” to talk about them.

This trend is not confined to the UN. It has spread deep into democratic countries. Whenever I have reported on immoral acts by religious fanatics – Catholic, Jewish, Hindu or Muslim – I am accused of “prejudice”, and I am not alone. But my only “prejudice” is in favour of individuals being able to choose to live their lives, their way, without intimidation. That means choosing religion, or rejecting it, as they wish, after hearing an honest, open argument.

A religious idea is just an idea somebody had a long time ago, and claimed to have received from God. It does not have a different status to other ideas; it is not surrounded by an electric fence none of us can pass.

That’s why I wrote: “All people deserve respect, but not all ideas do. I don’t respect the idea that a man was born of a virgin, walked on water and rose from the dead. I don’t respect the idea that we should follow a “Prophet” who at the age of 53 had sex with a nine-year old girl, and ordered the murder of whole villages of Jews because they wouldn’t follow him. I don’t respect the idea that the West Bank was handed to Jews by God and the Palestinians should be bombed or bullied into surrendering it. I don’t respect the idea that we may have lived before as goats, and could live again as woodlice. When you demand “respect”, you are demanding we lie to you. I have too much real respect for you as a human being to engage in that charade.”

An Indian newspaper called The Statesman – one of the oldest and most venerable dailies in the country – thought this accorded with the rich Indian tradition of secularism, and reprinted the article. That night, four thousand Islamic fundamentalists began to riot outside their offices, calling for me, the editor, and the publisher to be arrested – or worse. They brought Central Calcutta to a standstill. A typical supporter of the riots, Abdus Subhan, said he was “prepared to lay down his life, if necessary, to protect the honour of the Prophet” and I should be sent “to hell if he chooses not to respect any religion or religious symbol? He has no liberty to vilify or blaspheme any religion or its icons on grounds of freedom of speech.”

Then, two days ago, the editor and publisher were indeed arrested. They have been charged – in the world’s largest democracy, with a constitution supposedly guaranteeing a right to free speech – with “deliberately acting with malicious intent to outrage religious feelings”. I am told I too will be arrested if I go to Calcutta.

What should an honest defender of free speech say in this position? Every word I wrote was true. I believe the right to openly discuss religion, and follow the facts wherever they lead us, is one of the most precious on earth – especially in a democracy of a billion people riven with streaks of fanaticism from a minority of Muslims, Hindus and Sikhs. So I cannot and will not apologize.

via Johann Hari: Despite these riots, I stand by what I wrote – Johann Hari, Commentators – The Independent.

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