Consequences: the Smacking Laws


Ahhh, spanking, the dreaded consequence of miscreance meted out in retrospective fairness by loving parents anxious to create an appropriate conscience in their child. Anxious to establish that there are consequences to behaviour that have not gone unnoticed. Will not go unnoticed. It is one end of a spectrum running between reward and dissuasion all in the name of, well, persuasion. Encouragement. Manipulation.

But words matter, don’t they? Depending on how I wished to portray it, I could easily have used more pejorative words, punitive, violent words such as, oh, coercion, intimidation, threats, or even assault. The devil is in the words. The message. The intent.

So it was with much curiosity that I was drawn to a BBC article on the Irish Smacking law that seems to have drawn the ire of the European Committee of Social Rights. http://www.bbc.com/news/world-europe-32887584 Well, in truth, it was a complaint from the UK’s own Association for the Protection of All Children in 2013 that launched it all. As the article points out: ‘Corporal punishment was banned in Irish schools in 1982 and, by 1996, it was a criminal offence to hit schoolchildren.’ but it apparently still allowed ‘reasonable chastisement’. So in a recent decision, ‘the European Committee of Social Rights said none of the Irish legislation referred to it expressly banned “all forms of corporal punishment of children that is likely to affect their physical integrity, dignity, development or psychological well-being”.’ As a result, the ‘Irish Minister for Children James Reilly told the state broadcaster, RTÉ, that ‘his department has started talks with the Department of Justice and Equality on removing the defence of reasonable chastisement from Irish law.

Well, that’s that, I suppose -another spoke in the wheel of human rights; another barrier to violent punishment… But hold on a moment. What just happened here? The UK association maintained that ‘[…] the existence, under Irish Common Law, of the defence of reasonable chastisement “allows parents and some other adults to assault children with impunity“.’ Fair enough criticism, perhaps. But failing the ability to spank, what are the other options that remain? Well, said the Minister, ‘in recent years, most parents have used other ways of disciplining their children’, but ‘he said he wanted to see the options available on abolishing the reasonable chastisement defence before considering any new legislation to ban parental smacking. The minister added that he has instructed his officials to prepare regulations that would explicitly ban corporal punishment of children in foster homes or in the care of the state.

Uhmmm. I think he should be worried about the content of the European denunciation that proscribed –as quoted above- punishment of children (in this case corporal) likely to affect their physical integrity, dignity, development or psychological well-being. So, is verbal abuse acceptable as an alternative to physical punishment? How about withdrawal of love or affection… or proper care? Would none of these affect development or psychological well-being?

I suppose there is always the option of ignoring the misbehaviour. But if the behaviour was a cry for help –a cry for attention- then looking the other way doesn’t seem appropriate, nor likely to change the behaviour. Nor would it, either, if it is a naïve attempt to find boundaries –or for that matter to have them delineated more clearly. More forcefully.

Transgression is fraught with penalties; order is sewn together by laws and consequences. I would be the last one to condone violence to a child –or anyone else, for that matter- but I am honestly at a loss to know how to deal effectively with recalcitrance. I am, to be sure, of an other era when the mere threat of retribution –spanking, or the ‘strap’- was enough to deter behaviour. So was withdrawal of privileges, I suppose -but that engineered manipulation rather than change: either ransoming the privilege, or misbehaving anyway as in Macbeth’s ‘Lay on, Macduff, and damned be him who first cries, “Hold, enough!” as he defies Macduff when Birnam Wood comes to Dunsinane.

Anyway, I’m not sure how one would police spanking. Physical violence, yes: bruises, fractures -or worse- on visits to the doctor’s office or the emergency department. But it would certainly be even more difficult to uncover –let alone gather enough evidence to prosecute- non physical violence, though. So, I wonder whether it is a terrible thing to retain ‘reasonable chastisement’ as a more benign response than what is left: a letting off of steam to prevent the otherwise impending explosion.

I don’t know that it is punishment that I condone, however –I think it is rather the consequences that should follow the act that would otherwise be disciplined. I would prefer to let my own opinion lie fallow while the dust settles on the Irish thing, and merely quote George Bernard Shaw’s observation of the wages of deceit: ‘The liar’s punishment is not in the least that he is not believed, but that he cannot believe anyone else.’ Consequences!

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