corporal punishment
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2022 ◽  
Vol 11 (3) ◽  
pp. 141
Author(s):  
Ruth N. Dlamini ◽  
Moses Onyemaechi Ede ◽  
Chinedu Ifedi Okeke

The purpose of this study was to explore post-corporal punishment challenges facing Eswatini primary school teachers when disciplining learners and the necessary counselling services. The research employed embedded research design using 48 primary teachers in the Hhohho region in the Kingdom of Eswatini. A purposive sampling was used to select the most accessible research participants. Instruments used were questionnaires and one-on-one interviews. Sixteen schools were selected. Data was collected and analyzed both quantitative and qualitatively. For analyzing data for questionnaires and observation, descriptive statistics such as frequencies and percentages were used and for analyzing data for interviews, thematic analysis was used. Findings show that teachers are facing challenges regarding learner discipline in post corporal punishment in primary schools. Teachers are confused and afraid of infringing learners’ rights. Given the findings, some notable recommendations were highlighted.


2022 ◽  
Vol 11 (4) ◽  
pp. 1
Author(s):  
Ruth N. Dlamini ◽  
Moses Onyemaechi Ede ◽  
Chinedu Ifedi Okeke

This study explored current disciplinary practices by primary school teachers in Eswatini. A missed method design was employed using 48 primary teachers in the Hhohho region in the Kingdom of Eswatini. Instruments used were questionnaires and interviews. Data was collected and analyzed both quantitative and qualitatively. For analyzing data for questionnaires and observation, descriptive statistics such as frequencies and percentages were used and for analyzing data for interviews, thematic analysis was used. The findings of this study indicated that the participants are using guidance and counselling to discipline student as disciplinary measure. The study established that some disciplinary practises are not effective to curb students’ misbehaviour in schools such as corporal punishment and suspension. Conclusions arrived at indicate that public primary schools have adopted the use of guidance and counselling services. Few disciplinary practices were also found to be detrimental to academic performance. Therefore, this study suggested that guidance and counselling training should be given to all teachers. This therefore necessitates further investigation on the use of disciplinary practises and their impact towards the learner behaviour in all the four regions of Eswatini, since this study focuses in one region.


Think ◽  
2021 ◽  
Vol 21 (60) ◽  
pp. 57-64
Author(s):  
C. P. Ruloff ◽  
Patrick Findler

Hsiao has recently developed what he considers a ‘simple and straightforward’ argument for the moral permissibility of corporal punishment. In this article we argue that Hsiao's argument is seriously flawed for at least two reasons. Specifically, we argue that (i) a key premise of Hsiao's argument is question-begging, and (ii) Hsiao's argument depends upon a pair of false underlying assumptions, namely, the assumption that children are moral agents, and the assumption that all forms of wrongdoing demand retribution.


Author(s):  
Laetitia-Ann Greeff

This article compares the law reform methods employed by South Africa and New Zealand to eliminate the defence of ‘moderate and reasonable chastisement’ to a charge of common assault, to determine the best possible law reform strategy for Australian jurisdictions, within the context of its federal system of governance. South Africa and New Zealand banned corporal punishment on a national level, with South Africa prohibiting the use of corporal punishment by way of the judicial condemnation of the Constitutional Court in 2019, and New Zealand’s legislation to ban corporal punishment through Parliamentary processes in 2007. Corporal punishment in the home is still legal in Australia if administered by parents or those in loco parentis. This article focuses on the three Australian States that have enacted human rights legislation—Victoria, the Australian Capital Territory (ACT) and Queensland—and the impact of this legislation on judicial law reform. In this regard, the doctrine of parliamentary sovereignty is discussed in terms of its ability to limit public interest litigation’s viability to strike down inconsistent legislation. The article suggests that all three countries can learn from one another concerning the successes and/or failures of law reform. Furthermore, the article concludes by acknowledging that even though formal abolition is the norm in South Africa and New Zealand, corporal punishment remains widespread. Parents and those in loco parentis must be supported by continual education initiatives to bring about requisite social and cultural change.


2021 ◽  
pp. 1037969X2110555
Author(s):  
Laetitia-Ann Greeff

Corporal punishment is lawful in the home in all Australian states and territories. In early 2021, the Tasmanian Commissioner for Children and Young People called for a repeal of s 50 of the Criminal Code Act 1924 (Tas) which permits the use of corporal punishment in the home, noting that society had moved on from the regular canings of the early 20th century when the law was passed. This article supports the call to abolish the defence of reasonable chastisement (lawful correction in NSW) by repealing s 61AA of the Crimes Act 1900 (NSW) so that children can have the same protections from physical violence as adults.


Author(s):  
Kai Li Chung ◽  
Cheng Ean Tay ◽  
Adeline Zhi Qian Gan ◽  
Celine Shi Ning Tan

Abstract. Despite corporal punishment being associated with negative developmental outcomes for children, it is commonly practiced in Malaysian courts, schools, and homes. This study examined the relationships among the Dark Tetrad personality traits (Machiavellianism, narcissism, psychopathy, sadism), anger rumination, and attitudes toward corporal punishment of children. Two hundred sixty-three participants from a university and community sample in Malaysia completed measures of attitudes toward child corporal punishment, the Short Dark Tetrad, and the Anger Rumination Scale. Participants also answered questions about whether they received corporal punishment at home and school as children. Correlation analyses showed that Machiavellianism, psychopathy, and sadism were positively associated with acceptance of corporal punishment. Further regression analyses revealed that having received corporal punishment at home – but not at school – during childhood as well as trait Machiavellianism and sadism predicted accepting attitudes toward corporal punishment. Identifying factors that influence people’s attitudes regarding corporal punishment and discipline behaviors could yield new insights into parenting education programs and policies.


Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Lizelle Ramaccio Calvino

On 18 September 2019, the Constitutional Court confirmed that the common-law defence of “reasonable and moderate chastisement” is unconstitutional as it unjustifiably violates sections 10 and 12(1)(c) of the Constitution of the Republic of South Africa, 1996. As a result, parents are no longer permitted to punish their child at home by way of inflicting physical punishment behind a facade of discipline. Despite the aforesaid, it should be noted that corporal punishment in the private sphere is not explicitly prohibited by South African legislation. In addition, South Africa’s legislative system lacks an appropriate regulatory framework to administer the anticipated proliferation of assault cases against parents. It is against this backdrop that this article first analyses the current legislative framework regulating the protection of children from physical punishment, and then follows with a succinct overview of the Constitutional Court ruling. The article assesses whether the mere repeal of the common-law defence of “reasonable and moderate” chastisement will be sufficient to eradicate corporal punishment in the private sphere, and if not, whether legislative prohibition and/or other interceding strategies will be required to give effect to the objective of the Constitutional Court ruling. In this regard, by way of comparative research, the legislative framework adopted by Sweden, being the first country in the world to prohibit all forms of corporate punishment of children is evaluated. Lastly, recommendations are made for the incorporation of practical steps, including possible legislative measures, to establish a regulatory framework from a children’s rights perspective to prohibit corporal punishment in the private sphere. Accordingly, for purposes of analysis and consideration, a qualitative approach is applied for purposes of the research. Primary sources such as the Constitution, case law, legislation, governmental documents, statistical data and research reports are consulted in conjunction with journal articles and textbooks.


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