HELP US TO BAN
IN CALIFORNIA
Yes. Hitting kids is legal. Spanking, slapping, pushing, throwing, kicking, pinching, without marks, is legal and considered Corporal Punishment in all 50 US states
Hitting Kids
Corporal Punishment is a license for child abuse,
woven into a broken system of child protection
The problem is the act of hitting is legal, as the severity or damage cannot be easily measured or proven. What one may experience as a little pat on the butt, another experiences a slap to the face, pushing, kicking, or worse.
Don’t believe it? Read this: End All Corporal Punishment US Report (PDF 2024) Read this!
No marks? No proof? It’s not abuse, says America.
But corporal punishment is damaging. Consider the science. It affects our future.
Did you know?
Spanking in the home is legal is all 50 US states.
Spanking in schools is legal in 17 states.
Were you hit as a kid? How did it feel?
Let’s hit kids, it’s a good idea.
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Countries that outlawed coporal punishment in the home:
Sweden (1979); Finland (1983); Norway (1987); Austria (1989); Cyprus (1994); Denmark (1997); Poland (1997); Latvia (1998); Croatia (1999); Bulgaria (2000); Germany (2000); Israel (2000); Turkmenistan (2002); Iceland (2003); Ukraine (2004); Romania (2004); Hungary (2005); Greece (2006); Netherlands (2007); New Zealand (2007); Portugal (2007); Spain (2007); Togo (2007); Uruguay (2007); Venezuela (2007); Costa Rica (2008); Liechtenstein (2008); Luxembourg (2008); Moldova (2008); Albania (2010); Republic of Congo (2010); Kenya (2010); Tunisia (2010); South Sudan (2011); Cabo Verde (2013); Honduras (2013); North Macedonia (2013); Andorra (2014); Argentina (2014); Bolivia (2014); Brazil (2014); Estonia (2014); Malta (2014); Nicaragua (2014); San Marino (2014); Benin (2015); Ireland (2015); Peru (2015); Mongolia (2016); Montenegro (2016); Paraguay (2016); Slovenia (2016); Lithuania (2017); Nepal (2018); France (2019); Georgia (2019); Kosovo (2019); South Africa (2019); Guinea (2020); Japan (2020); Seychelles (2020); Colombia (2021); South Korea (2021); Mauritius (2022); Zambia (2022); Laos (2023); Tajikistan (2024).
US states that outlawed corporal punishment in schools:
New Jersey 1867); Wisconsin (1988); Utah (1992); Massachusetts (1971); Alaska (1989); Illinois (1993); Hawaii (1973); Connecticut (1989); Maryland (1993); Maine (1975); Iowa (1989); Nevada (1993); District of Columbia (1977); Michigan (1989); Washington (1993); Rhode Island (1977); Minnesota (1989); West Virginia (1994); New Hampshire (1983); North Dakota (1989); Delaware (2003); New York (1985); Oregon (1989); Pennsylvania (2005); Vermont (1985); Virginia (1989); Ohio (2009); California (1986); South Dakota (1990); New Mexico (2011); Nebraska (1988); Montana (1991)
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WHY DO DOGS AND ADULTS HAVE MORE PROTECTION AGAINST ASSAULT THAN CHILDREN?
WHY DO DOGS AND ADULTS HAVE MORE PROTECTION AGAINST ASSAULT THAN CHILDREN?
The Stories
You don’t want to hear
A holiday rumble
Sam, age 9
Sam, a nine-year old boy, was anxious about going to Thankgiving at this aunt’s house. Sam had argued with a cousin of his at the last holiday party and was not looking forward to seeing him. When he got there, right away, the cousin confronted him and said something rude. Sam reacted and threw a punch. It didn’t end well, with both boys fighting. Sam’s mom wasn’t there that day, but got a call from the cousin’s father. “It was like steam was coming out of Sam’s head. He had so much anger. I’ve never seen anything like it, it was like he was possessed.” Sam’s mom couldn’t understand what had made her son so upset he would react this intensely. It wasn’t until four days later that the truth would surface. Sam was slapped by his father the day before Thanksgiving, an event that happens, rarely, but intensely. All that anger and hurt, Sam took out the only way he could - upon another.
Sam’s mom calls CPS but is told the slap will not get investigated.
Raul, age 8
Low marks? Might get some marks
Natalie, in seventh grade, is doing the best she can at school. She’s a bit shy, with some anxiety, and can be slow to process information. Her parents are divorced, and she sees a therapist to help make sense of her family life. Her mom’s house is slightly different than her dads. She often feels an upset stomach at her dads, but she doesn’t always know why. A clue starts to present itself, however, when she tells her therapist how her weekend went, “My dad beat me.” Shocked, her therapist asked, “what do you mean, beat you?” Well I got a bad report card, he saw it, and starting spanking me.
The therapist alarmed, called CPS after Natalie’s appointment. However, did the therapist see marks? Obviously not. So, nothing was reported or investigated, because it was not a reportable event. It is perfectly legal in California to spank and use force upon a child — even if this happens regular basis, it doesn’t matter. Natalie is fine, they say.
Sarah, age 5
A swift kick to the arse
Music is playing in the house and everyone is happy. Artwork, video games and cooking in the kitchen. Dad goes around and gives a playful little kick to his son, saying hussle boy and come help me set the table. The son laughs and follows his dad. Later in the day, however, the scene isn’t so happy. Raul is getting ready to go to his track meet but is whining about it. “I don’t want to go. I never wanted to do this!” His dad is starting to lose his patience after a few minutes trying to convince his son to put on his uniform. When the whining continues, a ‘swift kick in the ass’ will do thinks the dad. So, a hard and fierce kick is forced upon Raul. It hurts, and Raul stops whining. He gets on his uniform and goes outside to meet his mom who will drive him to track. He is quiet in the car and full of anger. The tears start shortly after.
Is a kick considered abuse? Is there a mark? Not by California standards.
Scratching Slap
Marvin, age 11
Marin, a smart boy, has dealt with a lot in his life. His parents divorced, he received an ADHD diagnosis, struggles to fit in at school with peers and is slightly different overall. His parents yelled a lot when he was little and now he burrows his head under the sheets to calm his nervous system enough to fall asleep. His mom, knows this, but she too is a bit unstable. She can go from 0 to 60 pretty quickly and, growing up in an abusive home herself, considers corporal punishment effective. She knows her son is different, but she thinks all he needs is to ‘wake up.’ And, they have a playful relationship that they both enjoy, so what’s the problem? One day, Marvin’s mom is tickling her son, as she’s done for many years. But Marvin isn’t liking it today. It feels invasive. He’s not laughing, and he just wants to focus on his video game. The mom is struck by this negativity and keeps trying to engage with him. But Marvin reacts after he’s told his stop mom multiple times. He pushes her out of the way and scratches her. His mom can’t believe it and slaps him across the face, hard enough that Marvin cries. The mom though, thinks he got what he deserved. You don’t scratch your mother, Marvin.
Slap hard enough to elicit tears? Perfectly legal.
All this shit happens more than you think.
In nice neighborhoods, in bad neighborhoods. Seventy percent of parents in America spank their children. How many of those parents have a beer once in a while, can you imagine the intensity of a ‘spank’ after a few beers or glasses of wine? This is stupid. Pure and simple. The act of hitting must be outlawed.
August, age 2
A bedtime nightmare
August, a sweet two-year old boy, loves trains and taking walks around his neighborhood pointing out lights, and birds and collecting rocks. He is a sweet soul, a calm baby and only cries when hungry or tired. But on weekend getaway, August was a bit more upset than usual. His mom had just had his brother, three-months old now, and it was an adjustment. He didn’t have the attention and focus he used to. He was a mama’s boy and wanted her attention all the time. When it was time for bed, he wanted to sleep with his mom in the king-size bed. However, his dad was not agreeable to this. There was a second bed and that was where the two-year old should sleep, he said. It was bad enough the baby was going to be sleeping with mom and dad. August did not like this though, and kept leaving the second bed and walking over to the king-size bed. Mom would place August on the second bed and go back. August would follow. Over and over mom and dad would walk August back to his bed, trying various things, like laying down with him. Until, dad, reached his breaking point. Grabbing August, he threw his son five feet fiercely on the bed. “Go to fucking sleep,” he said. August, crying, in shock, lay there frozen. His dad said, “I feel like I’m going to hit him.” His mother grabbed August at that moment and fled the room. “I’ll take him to fall asleep in the car.” August’s mom went into flight mode, trying to find safety. If only he can fall asleep it will be fine, she thought. August did fall asleep in the car and the family attended an event the next day, as normal. A month or so later, August’s mom tells her therapist about the event.
The therapist consults CPS but this event does not warrant a report nor an investigation.
Natalie, age 13
A pinched princess
Sarah, a sweet silly and playful girl, has a lot of energy. She is more energetic than most of her peers. She likes to eat standing up and jumps up and down when watching TV. Unlike her sister, she can’t sit still for very long and enjoys going to the park, playing outside or riding her scooter. Often this energy is hard to work with in quiet settings, like school, restaurants or the library. Sarah’s mom has a strategy though. At a restuarant, a little pinch or two does the trick. The mom will pinch Sarah when she starts to move too much or is too demanding, “What are you, a little princess?!” says the mom. Sarah doesn’t like it and sometimes it stings and really hurts, but she’s gotten used to it. Sarah even pinches her friends and dad now. Often in a playful way but sometimes just to be mean or when she’s mad.
What’s a pinch? No harm in that, says California.
Names have been changed to protect the identity of the children and families.
What is legal?
What will NOT result in an investigation?
There are events that one can report, and events that one can report that will result in an investigation. The events listed here, at face value, without context or more complexity will not result in an investigation. They are legal acts.
Slapping a 9-year old
Pinching a 6-year old
Throwing a 2-year old forcefully on the bed
Kicking a 7-year old
Forcefully spanking an 8-year old
Threatening an 11-year old to behave or he’ll get his ass kicked
FACTS
California outlawed Corporal Punishment, including Spanking, in schools under Education Code Section 49001 which became effective in 1987.
In 2019, the California Democratic Committee passed a resolution to ban spanking which was introduced by Dr. Amy Bacharach. The resolution did not result in legislative changes.
In 2007, Assemblywoman Sally Lieber proposed a bill to ban spanking under the age of 4, aiming to make California the first state to prohibit such parental discipline. The proposal faced significant public opposition.
A spanking is considered a 1 toward your ACE score, and is regarded as a traumatic experience in early childhood, leading to an increase in adverse physical and mental outcomes in adulthood.
Thousands of children die every year from corporal punishment by their caregivers, with many more sustaining serious injuries.
Read more
70% of American parents have use corporal punishment. In a 2015 survey, it was found that a 25% of parents with children under 5 spank their children several times a week or more; about 20% spank their children habitually, while 17% hit their children using objects like a belt or a clothes hanger.
More children die in America every year (xxxxx) by the hands of their caregivers than soldiers that have gone to combat.
The American Academy of Pediatrics (AAP) published a policy statement in November 2018 calling for the education of parents on positive and effective parenting strategies and the elimination of physical and humiliating punishment, including verbal abuse.
In August 2023 the AAP published an updated policy statement, identifying key disparities among Black children and/or children with disabilities and calling for a concerted effort to abolish the use of corporal punishment in schools.
In July 2023, a bipartisan Bill to support efforts to end global violence against children (HR 4798) was introduced in the Congress.
SCIENCE
Early childhood trauma is proven to result in adverse physical and mental health outcomes in childhood. When a child is spanked, it is considered an event that affects their overall trauma history.
A child’s prefrontal cortex is still in development in early childhood. When a child experiences a traumatic event, it affects their brain development. This can lead to cognitive disabilities, including ADHD.
MORE COMING SOON
Something about Asthma. What about autism?
References
The Deepest Well, Dr. Nadine Burke Harris
PONDERINGS
Why do we need to complete driver’s ed to get a license to drive, but we have no education required to raise human beings and the next generation?
Why has the policy not caught up with the research? We are too smart now to be dumb.
Why do so many mental health therapists not want to be dragged into court, even putting it in their client agreements?
Parent rights, children rights or human rights? You choose.
How many domestic abuse victims experiencing emotional abuse or coercive control stay with their partner for the sake and protection of their children? Many choose this everyday.
Why are our standards in parenting so low? Why are CPS workers only looking for excessive force?
Who are the players?
XYZ rep
22406 rep
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Yes, of course it does! It hurts physically and emotionally. It hurts physically and emotionally. Through research being carried out all over the world, children are beginning to tell us how much corporal punishment hurts them. The UN Secretary-General’s Study on Violence against Children, completed in 2006, was the first comprehensive global study into the nature and extent of the problem. The Independent Expert leading the Study, Professor Paulo Sérgio Pinheiro, wrote in the report:
"Throughout the study process, children have consistently expressed the urgent need to stop all this violence. Children testify to the hurt – not only physical, but ‘the hurt inside’ – which this violence causes them, compounded by adult acceptance, even approval of it.
Governments need to accept that this is indeed an emergency, although it is not a new emergency. Children have suffered violence at the hands of adults unseen and unheard for centuries. But now that the scale and impact of violence against children is becoming visible, they cannot be kept waiting any longer for the effective protection to which they have an unqualified right."
Causing physical pain to a child is itself a breach of children’s right to protection from assault – and adults often don’t appreciate the difference in size and strength between them and a child, and the impact that this difference can have on the intended and actual physical pain felt by the child. Large scale research in which parents have been asked about the force used when “smacking” their child found that two in five had used a different degree of force than intended (Kirwaun, S. & Bassett, C. (2008), Presentation to NSPCC: Physical punishment, British Market Research Bureau/National Society for the Prevention of Cruelty to Children). And research by the Institute of Psychiatry and University College London proved that changes in brain activity when force is used in tit-for-tat situations naturally lead to escalation in the degree of force used and inaccuracy in judging how much force is being used (Shergill, S. S. et al (2003), “Two eyes for an eye: The neuroscience of force escalation”, Science, vol. 301, 11 July 2003, p. 187).
In addition, adults often don’t appreciate the emotional hurt caused by corporal punishment, its impact on the dignity of the child, and the potential short- and long-term damage this can have on individuals and society. The Global Initiative is aware of over 250 studies on the effects of corporal punishment which associate it with a wide range of negative health, developmental and behavioural outcomes for children that can follow them into adulthood – this includes poor mental health, poor cognitive development, lower school grades, increased aggression, poor moral regulation and increased antisocial behaviour (read our summary of research on the negative effects of corporal punishment).
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None of us knows how we would have turned out if our parents had never hit or humiliated us. And many people, in saying it did them no harm, are denying the hurt they experienced when the adults closest to them thought they could only teach them by inflicting pain.
Adults who hit their children in the name of discipline usually began doing so because they themselves were hit as children. Although research shows they often feel guilty about it afterwards, they continue to hit their children, especially when they are at the end of their patience. It is pointless to blame previous generations for this, because they were acting in accordance with the pervasive culture of the time. But it is wrong to resist change because we are afraid of appearing to criticise our parents. Times change and societies move on. Recognition of children as rights holders requires action to end the legality and social acceptance of violence against children, just as societies have moved to end acceptance of violence against women.
Some people say: “I was hit as a child and I turned out OK.” But there are people who have endured all kinds of bad experiences while growing up who have “turned out OK” as adults, yet nobody would say that what they experienced was good. Often it is the way they have dealt with their experiences that has helped them to be “OK”, not the experiences themselves.
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Elimination of all corporal punishment and other cruel or degrading punishment requires both education and prohibition. It is not a matter of choice. Human rights demand that children have at least the same legal protection as adults – in the family and everywhere else – now. The law in itself is a powerful educational tool, and of course law reform banning corporal punishment needs to be linked to public and parent education. A ban will motivate parents to look into positive ways of bringing up their children and motivate professionals, politicians and the media to resource and provide this education.
It is also very difficult and confusing to educate parents away from something that is still supported in law. The assumption is that “if the law allows it then it must be OK”. Education is much more effective when the law gives the same message.
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