“that means there are still a lot of children who are exposed to this type of physical discipline.”
at least 70 countries or states have legally abolished all corporal punishment of children. when afifi talks to global audiences, “people are shocked that canada isn’t a leader in this area. they say, ‘i don’t understand. are you sure canada still has a law that allows this?'”
there have been more than a dozen private members’ bills and legislative attempts over the years to repeal section 43 of the criminal code, a contentious passage that reads that every parent or person standing in the place of a parent “is justified in using force by way of correction” toward a child if that force doesn’t “exceed what is reasonable under the circumstances.”
while upholding the provision in 2004, the supreme court clarified that parents and caregivers can’t spank a child younger than two or older than 12. they can’t use objects like rulers or belts. the spanking can’t involve slaps or blows to the head, or anywhere on the body so hard as to leave a mark.
parents also can’t be motivated by “anger,” “frustration” or an “abusive personality.”
“i would like to know who is hitting their child if they’re not angry,” afifi said.
the amendments have not had any impact on protecting children, and most parents don’t know the rules, she said. “even if those rules were followed, that doesn’t protect the children in any way.”
there are multiple arguments supporting repeal, afifi and her co-authors said, including that the law infringes on a child’s fundamental rights to live free from violence.
parents who spank aren’t necessarily bad parents, she stressed. “they’re just using old, outdated information, old parenting advice that we gave 40 years ago.” spanking is also ingrained in some cultures and religions, and through generations. “older generations would encourage new parenting generations, ‘this is how you raise children,'” afifi said, influences that can be hard to move away from.