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There is exactly one country on earth that has not ratified the United Nations Convention on the Rights of the Child Treaty. One. It is not Somalia. It is not South Sudan. It is the United States of America.
This fact should be concerning to more Americans because it is directly related to crime, school failure, and community safety and unrest.
Children’s Rights in the United States: A National Shame
The Convention on the Rights of the Child is the most widely ratified human rights treaty in history. Every other nation has agreed that children have basic rights to safety, health, education, voice, and protection from exploitation and extreme punishment. The U.S. has never ratified it.
Why does that matter? Because when a country refuses to recognize children as rights‑holders in law, it sends a clear message: children are not equals, they are objects. They can be controlled, harmed, silenced, and discarded with far less consequence.
KARA’s forthcoming book, America’s Children in One Hundred Charts, shows this failure in numbers and visuals—how abuse, CPS involvement, trauma, racial disparities, and system performance play out across states and communities. It is designed to give advocates, journalists, and lawmakers the evidence they need to see the crisis clearly and act.
In America, abused children often have no meaningful way to stop what is happening to them. They endure rape, beatings, extreme neglect, and the withholding of lifesaving medical care inside their own homes. Girls as young as 11 can be legally married in 17 states and then have no standing to file for divorce until they turn 18. That is not “family values.” That is state‑sanctioned powerlessness.
Violence Begets Violence — And We Built A Pipeline To Prison
Thirty years in and around trauma and child abuse have taught this CASA Guardian ad Litem one thing: violence begets violence. If you teach a child that family and authority look like terror, humiliation, and pain, do not be surprised when they carry that lesson into the wider world.
Pliny the Elder said it 2,000 years ago:
“What we do to our children, they will do to society.”
We are living that truth.
For decades, America has had roughly 5% of the world’s population and nearly 25% of its prisoners. Former Minnesota Supreme Court Chief Justice Kathleen Blatz put it bluntly: “90% of the youth in juvenile justice have come through child protection.” She noted that the difference between a traumatized child and a felon is often about eight years.
Our child protection and juvenile systems are not just failing to stop harm. They are actively producing the next generation of incarcerated adults.
The Criminal Blind Spot Is Killing Children
As a community child protection worker (CASA Guardian ad Litem) for 12 years, I saw a devastating pattern: parents who molested, brutally beat, or otherwise terrorized their children were often handled inside the child protection system, and not treated as criminals no matter how horrid the crime. Cases moved through assessments, case plans, removals, reunifications, and closures—but not one of my caseload parents through criminal accountability. That is not a side issue. It is a core flaw in the system.
The Safe Passage for Children report on Minnesota child fatalities helps explain why this matters so urgently. The report found that counties continued to leave children in high-risk homes over long periods, even in cases involving repeated child protection contact, domestic violence, substance use, torture indicators, and visible or healing injuries. The authors argue that these patterns persist because the system assigns too much weight to the rights of parents and caregivers and too little to the best interests and safety of children.
That imbalance is not abstract. It is deadly.
Derric Fulks Jr. had multiple Family Assessments, multiple investigations, findings of abuse, prenatal drug exposure in the family, and a history of domestic assault around him. No services were offered in any of the opened cases, and no one was charged in his death.Safe-Passage-for-Children-Child-Fatality-Report_Year-2_2022-2023.pdf
D-Angelo Pitchford was taken home from the hospital by his father against medical advice, despite warnings that he could die. After D-Angelo died, Olmsted County found no maltreatment by the father even though the report states that his conduct appeared to meet the statutory criteria for neglect; only later was the father charged with manslaughter.
These cases show the same structural problem from two angles: children can be left in dangerous homes again and again, and even after catastrophic harm, the system can still hesitate to name adult behavior for what it is. Abuse is treated as a service issue. Neglect is treated as a misunderstanding. Torture indicators are treated as case-management problems. Children pay for that reluctance with their lives.
The report also documents how rare this kind of public accounting is. Safe Passage notes that state and county disclosures were incomplete, heavily redacted, and often difficult to interpret, and that media reports and court records had to fill the gaps. It also points to the unusual value of sustained reporting such as the Star Tribune’s child-fatality series and prior investigations by local television journalists. This kind of reporting is far too rare, and these children desperately need more of it. Without independent reporting, many of these deaths would remain buried inside agency files, stripped of context, and disconnected from the policy choices that made them possible.Safe-Passage-for-Children-Child-Fatality-Report_Year-2_2022-2023.pdf
If we want to keep children alive, reform cannot stop at better training or better paperwork. The system must stop substituting administrative handling for real accountability. Repeated severe beatings, sexual abuse, torture, medical neglect, and deadly endangerment must trigger a child-centered response that includes aggressive investigation, transparent review, and criminal action when the facts support it. Children cannot survive a system that is organized first to protect adults from consequences and only second to protect children from harm.
Legal vs. Illegal: How Other Nations Treat Violence Against Children
A critical part of this story is very simple: in many advanced nations, corporal punishment is explicitly illegal. In the United States, it is not.
Across Europe and beyond, countries have made clear legal choices about whether you can hit children as “discipline”:
Austria – Corporal punishment itself was removed as a defense for assault 46 years ago in Austria, and as such a person cannot be charged with the crime of Corporal Punishment. However, it is penalized under the Criminal Code, Section 225, which refers to the maltreatment of wards, where “rough maltreatment” can result in a sentence from 6 months to 10 years, depending on the severity of the case.
Belgium –Belgium’s general criminal and civil codes do allow prosecution of violence against children when it causes injury or is considered ill‑treatment; for example, a mother was fined and given a suspended prison sentence for slapping her 12‑year‑old son.brusselstimes
Bulgaria – Corporal punishment is illegal. The Family Code and domestic violence law allow courts to restrict or terminate parental rights, issue protection orders, and impose fines or prison terms for physical harm.
Croatia – Corporal punishment is formally outlawed, but gaps between criminal and misdemeanor classifications can leave children in unsafe homes and reduce consequences for offenders.
Cyprus – Corporal punishment has been unlawful since the 1990s, with tougher sentences when crimes are committed within the family. Assault, wounding and grievous harm against children carry enhanced penalties.
Czech Republic – Corporal punishment is currently legal, but an amendment has been announced that would prohibit all corporal punishment, including in the home.
Denmark – Corporal punishment is illegal. The law explicitly states that children must not be subjected to corporal punishment or humiliating treatment; assault against children can lead to imprisonment.
Estonia – Corporal punishment is banned. Child protection law allows only limited physical force to protect a child from immediate danger; otherwise, physical punishment is prohibited and can be fined.
Finland – Corporal punishment is illegal. Children must be raised without physical punishment or humiliation, and assault is punished according to severity, from fines to up to ten years in prison.
France – Corporal punishment is illegal. Parents must exercise authority without physical or psychological violence; repeated or severe violence against minors carries substantial prison terms and fines.
Germany – Corporal punishment is illegal. Children have a right to non‑violent upbringing; physical punishment and degrading measures are inadmissible and fall under criminal provisions on bodily harm.
Greece – Corporal punishment is illegal. Domestic violence law allows courts to remove or limit parental care and transfer custody when parents violate their duties or abuse the child.
Hungary – Corporal punishment is illegal. Children have a right to protection against physical, sexual and psychological violence; causing bodily harm is punishable by escalating prison terms depending on gravity and vulnerability of the victim.
Ireland – Corporal punishment is illegal. The common law defense of “reasonable chastisement” has been abolished; assault is defined broadly as applying force or causing fear of force without consent.
Italy – Corporal punishment has been largely outlawed by court decisions, but there is still no single explicit statutory prohibition, making prosecution uneven and leaving gaps in protection.
Latvia – Corporal punishment is illegal. Law explicitly bans cruel treatment, torture and physical punishment of children; parents can be held liable for abuse and face criminal penalties for bodily injury.
Lithuania – Corporal punishment is illegal. Physical violence includes corporal punishment and is treated as a violent act; assault against a child carries higher penalties than minor harm against an adult.
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Spain, Sweden – Corporal punishment is illegal. These countries have explicit bans and use assault or domestic violence provisions to prosecute physical punishment of children.
Slovakia – Corporal punishment remains legal or only partially restricted, leaving children exposed to physical discipline that would be unacceptable under full rights‑based standards.
Scotland and Wales have banned all corporal punishment;
England and Northern Ireland ban excessive punishment of children with assault or child cruelty charges for any more than very minor, transient harm..
United States – Status is legal/mixed. Corporal punishment is banned in some states’ schools but allowed in others, and generally permitted in the home under “reasonable discipline” doctrines. Hitting children remains lawful in many contexts where striking adults would be criminal.
These are not abstract differences. They are hard lines in law about whether a child can be raped, starved, hit, slapped, beaten or humiliated as “discipline” without the state calling it a crime.
When you compare nations that explicitly protect children from violence and those that still allow “reasonable” corporal punishment, patterns emerge in crime, trauma, and prison systems. The U.S. sits on the wrong side of that line.
What Children’s Rights Have To Do With Carjackings, Gun Violence, And Full Jails
If you are disturbed by carjackings, gun violence, and overflowing jails, you must look upstream. Those outcomes do not emerge from nowhere. They emerge from childhoods full of fear, abandonment, racism, and sanctioned cruelty.
Today, children in the U.S. occupy a position in law that looks disturbingly like where women stood before the 19th Amendment. They are still treated as chattel—possessions—rather than as people with enforceable rights. We act shocked when they lash out, run away, self‑medicate, or join violent peer groups. We should be more shocked by the what we did to them first.
A KARA board member, responding to the beatings documented in an investigation of murdered children in Minnesota, said:
“If anyone else committed crimes against your child they would be
imprisoned quickly and deemed a public menace.”
In too many U.S. homes, what would clearly be criminal behavior
if done by a stranger is tolerated—and even defended—when done by a parent.
What The Rights Of The Child Actually Say
The Convention and earlier Declaration on the Rights of the Child begin with a simple idea:
Every child has rights, without discrimination of any kind.
Those rights include:
-
The right to grow and develop with dignity
-
A name and nationality
-
Access to food, housing, and medical care
-
Special care if disabled
-
Love and understanding
-
Free education
-
Care and protection in dangerous situations
-
Peace, friendship, and humane treatment
These are baseline conditions for human childhood, not radical demands. Ratifying and implementing these rights in U.S. law would not solve child abuse overnight. But it would set a clear standard: children are people, not property. Their pain counts. Their safety is non‑negotiable.
For readers who want to go deeper, KARA’s book INVISIBLE CHILDREN tells the story through the eyes of children this writer worked with over a twelve year period. KARA’s next book America’s Children in 100 Charts scheduled for early 2027 walks through these issues—from corporal punishment and child marriage to foster care, juvenile justice, and racial disparities—using charts that make invisible harms impossible to ignore.
This Is A Choice, Not An Accident
The United States has had decades to ratify the Convention on the Rights of the Child and align our laws with basic human dignity. We have chosen not to. Opponents claim it would undermine sovereignty or parental rights. Some argue it would interfere with harsh punishments that they see as necessary. Meanwhile, children pay the price in bruises, trauma, and stolen futures.
This is not inevitable. It is the result of political decisions: refusing to ratify a treaty, refusing to ban corporal punishment, refusing to set minimum standards for how we treat the youngest among us.
What You Can Do Today
This is not just a legal debate. It is a moral emergency. Every adult who cares about children, safety, and justice can take concrete steps:
-
Share this with your state representative. Legislators can introduce bills to ban corporal punishment, strengthen children’s rights, and align state law with the Convention.
-
Bring data to your advocacy. Use KARA’s national child abuse data and resource platform and America’s Children in One Hundred Charts when you talk to media, school boards, and lawmakers; evidence changes conversations.
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Support organizations that expose abuse and build trauma‑informed systems. KARA (Kids At Risk Action) exists to make child abuse and its impacts impossible to ignore.
-
Talk openly about children’s rights in the United States. Break the silence that allows “discipline” to mask cruelty.
All adults are the protectors of all children.
INVISIBLE CHILDREN – KARA (Kids At Risk Action) believes that what we do to our children, they are doing to our society. 12 years in Child Protection has shown me how true this is. If we want better schools, less crime, and happier communities, we must start with different childhoods.
Share this widely—and send it to the people who
determine the laws and policies that impact at-risk children
Find them here.
Because American children don’t have civil rights, terrible things keep happening to them in their homes because they have no ability to legally end the abuse. These children are forced to endure rape, beatings, withholding of lifesaving medical procedures. All of these are common in this nation today. With no voice in the media, their home or the courts, today 13 year old girls that can be married in 17 states, have no standing in court to sue for divorce in court until they are 18.
Included below are the rights of the child and “legal Status” of corporal punishment and consequences in 28 nations (a fair sampling of advanced nations). This provides a strong indication of why the U.S. suffers so much crime, violence and overwhelmed prison systems compared to other advanced nations.
30 years in and around trauma and abuse has shown to this CASA Guardian ad Litem that violence begets violence. Violence and dysfunction becomes the norm. How can it be otherwise? Violence becomes normalized and parenting skills don’t come from the stork.
For decades, America has maintained five% of the world’s population and almost 25% of its prison population. If you are wondering what children’s rights have to do with car jackings, gun violence and full jails, it is this:
“90% of the youth in the Juvenile Justice System have come through Child Protective Services”
(Former MN Supreme Court Chief Justice Kathleen Blatz).
Arguably, because of this,
America’s institutions are producing
what they were designed to stop:
Schools failing growing numbers of traumatized children
soon to be
filling prisons 8 years later.
Recidivism in U.S. prisons at 9 years has stayed
over 80 % for decades.
Think about this:
today, children have the same rights as women
before they gained the right to vote
under the 19th amendment to the constitution.
They were considered chattel (livestock, pets or things).
A deeper dive into legality of corporate punishment of children across the world:
AUSTRIA
Legal Status: Illegal
Corporal punishment itself was removed as a defense for assault 46 years ago in Austria, and as such a person cannot be charged with the crime of Corporal Punishment. However, it is penalized under the Criminal Code, Section 225, which refers to the maltreatment of wards, where “rough maltreatment” can result in a sentence from 6 months to 10 years, depending on the severity of the case.
BELGIUM
Legal Status: Legal1
In 2023, legal action is being taken by the NGO Defense for Child International against the Belgian State. 1,
It should be noted that while there is no specific bill or provision in the criminal code prohibiting corporal punishment, there are two bill which aim to remove corporal punishment, but both are yet to be passed 1. Further, domestic violence is a
BULGARIA
Legal Status: Illegal1
Under Bulgaria’s Family Code (2009), physical violence as discipline for children, or corporal punishment, can results in:
“…restriction or termination of parental rights and duties (articles 131 to 132 FC), restraint orders under the Protection against Domestic Violence Act (2005), or penalties under the Criminal Code in case the violence constitutes a crime (infliction of severe or medium bodily injury or a health impairment – articles 128 to130 Penal Code)”.
Legal consequences in Bulgaria for first-time domestic violence offenders is:
- “Oblige the perpetrator to abstain from committing domestic violence.
- Remove the perpetrator from the cohabited residence for a term decided by the court.
- Prohibit the perpetrator from approaching the victim, the victim’s residence, working place and places of social contact.
- Temporarily place the child with the victimized parent, unless this contradicts the child’s interests.
- Oblige the perpetrator to take part in specialized rehabilitation programs.
- Refer victims to rehabilitation programs.”
Failing to comply with court rulings can result in a prison sentence of 3 years or a find of 5000 BGN (USD $2785.31). As for criminal offences, in Bulgaria the act of Domestic Violence is seen as secondary to the severity of the violence. For instance, if Domestic Violence were to results in severe bodily injury can results in a prison sentence for 2 – 10 years, medium bodily injury can result in a sentence of up to 6 years, and trivial bodily injury can result in a sentence of up to 2 years or corrective labour.
CROATIA
Legal Status: Illegal1
Despite the Illegality, the Croatian criminal Code has significant gaps that may lead to the prevalence of Corporal punishment in Croatia. This is due to corporal punishment being considered as a criminal offence, along with a misdemeanor, faces the issue of ne bis in idem, where an individual cannot be sentenced for the same crime twice. This is also known as Double Jeopardy3. With consideration to Croatian Law, the only clear difference is that under Article 25(a) of the Croatian Criminal Code, is that a criminal offence requires a family member being put into a humiliating position. Sentencing for this Criminal Offence can range from 3 months to three years. According to a 2018 report by the Croatian Government, there were 10,272 cases of misdemeanor domestic violence, and only 3,198 case of Criminal Offence domestic violence, which could indicate the scale of the classification problem within the Croatian legal system. This could therefore leave children in known, unsafe situations within their homes, despite the illegality of corporal punishment.
CYPRUS
Legal Status: Illegal1
While Cyprus made corporal punishment unlawful in 1994, it was only removed from the Children’s Law (1956) in 2013. Despite the act of corporal punishment being illegal, there is no sentence for corporal punishment as a crime1. However, under the Violence in the Family (2000) Law, crimes committed against a member of one’s family carry with them increase sentences. For instance, for the crime of common assault, is increased from 1 to 2 years, wounding and similar acts is increased from 3 to 5 years imprisonment, and grievous harm has an increased imprisonment from 7 to 10 years11.
CZECH REPUBLIC
Legal Status: Legal1
While the act of corporal punishment is currently legal in the Czech Republic, an amendment to the Civil Code, announced in June of 2023, will mean that all corporal punishment, including within homes, will be prohibited. However, this is yet to come into effect1.
DENMARK
Legal Status: Illegal1
The use of corporal punishment we prohibited in 1997, and unlike many countries wear corporal punishment is illegal, Denmark explicitly states in the Danish Act on Parental Responsibility (2007) that:
“Children have the right to care and security. Children must be treated with respect for their person and must not be exposed to corporal punishment or other humiliating treatment.”
As such, this makes Denmark one of the few countries that use the term corporal punishment in their legal framework. As such, Corporal Punishment is included as a crime against “life and body” and can lead to 3 years imprisonment1.
ESTONIA
Legal Status: Illegal1
In Estonia’s Child Protection Act 2014, article 24, states that physical punishment against a child is prohibited, and that the only time physical force can be used against a child is to protect the child from external dangers, or if the child is acting in a dangerous manner. As such, by Estonia’s Penal Code, this is punishable through pecuniary punishment, that is to say, a fine, although no exact amount is given
FINLAND
Legal Status: Illegal1
Finland has a strong message against Corporal Punishment, similar to Denmark, where it states in its Child Custody and Right of Access Act (1983) states in Article 1.3 that:
“A child shall be brought up in the spirit of understanding, security and love. He shall not be subdued, corporally punished or otherwise humiliated. His growth towards independence, responsibility and adulthood shall be encouraged, supported and assisted”.
In terms of charges, assault can range from:
- Petty assault: which incurs a petty assault fine.
- Assault: which can incur a fine or imprisonment of up to 2 years.
- Aggravated Assault: which can result in prison sentence of 6 months to 10 years.
These sentences are conditional to the severity of the assault, as described in The Penal Code of Finland (1963).
FRANCE
Legal Status: Illegal1
France prohibited Corporal Punishment under a 2019 amendment to the Civil Code, where changes to article 371-1 states “Parental authority is exercised without any physical or psychological violence”.
The French Penal Code has several articles that can be enforced if someone where to assault another individual, but there is no specific law for assault, instead there is the following laws:
- Article 222-1: “Subjecting a person to torture or barbaric acts is punishable by fifteen years’ imprisonment.”, where under Article 222-3, the sentence can be extended to 20 years if the person is a minor under the age of 15.
- Article 222-14: “Habitual violence against a minor under the age of fifteen or against a person whose particular vulnerability, due to his or her age, illness, infirmity, physical or mental deficiency or pregnancy, is apparent or known to the perpetrator shall be punished…”, where the following extensions can apply:
- Thirty years’ imprisonment when they have resulted in the death of the victim;
- Twenty years’ imprisonment when they have resulted in mutilation or permanent disability;
- Ten years’ imprisonment and a fine of €150,000 when they have resulted in total incapacity for work for more than eight days;
- Five years’ imprisonment and a fine of €75,000 if they have not resulted in total incapacity for work for more than eight days.
Article 222-18: “The threat, by any means, to commit a crime or misdemeanour against persons, is punishable by three years’ imprisonment and a fine of 45,000 euros, when made with the order to fulfil a condition. The penalty is increased to five years’ imprisonment and a fine of €75,000 for a death threat.” I feel this section warrants noting due to the severity of the punishment where a threat against one’s child can result in criminal charges.
GERMANY
Legal Status: Illegal1
In a 2000 amendment to Article 1631(2) of the German Civil Code through the Act to Prohibit Violence in the Upbringing of the Child states: “Children have a right to non-violent child-rearing. Physical punishments, psychological injuries and other degrading measures are inadmissible.”
Under Section 223 of the German Criminal Code:
Bodily Harm constitutes:
“(1) Whoever physically assaults or damages the health of another person incurs a penalty of imprisonment for a term not exceeding five years or a fine.
(2) The attempt is punishable”
Whereas Dangerous Bodily Harm, under Section 224, is seen as:
“(1) Whoever causes bodily harm
- by administering poison or other substances which are harmful to health,
- using a weapon or other dangerous implement,
- by means of a treacherous assault,
- acting jointly with another party to the offence or
- using methods which pose a danger to life
incurs a penalty of imprisonment for a term of between six months and 10 years, in less serious cases imprisonment for a term of between three months and five years.
(2) The attempt is punishable.”
GREECE
Legal Status: Illegal1
In Greece, Law 3500/2006 entitled “For the treatment of domestic violence and other provisions” prohibits violence within the family, which can bring the consequences of Article 1532 of the Civil Code which states:
“Article 1532. – Consequences of defective exercise.
If the father or the mother violate the duties imposed on them by their function to take care of the person of the child or the administration of its property or if they exercise abusively such function or they are not in a position to cope with this task the Court may at the request of the other parent the closer relatives of the child the public prosecutor or even on its own initiative order any appropriate measure. The Court may in particular take away from one parent the exercise of parental care wholly or partially and entrust such care to the other parent or if the circumstances described in the preceding paragraph obtain also in regard to the person of the other parent entrust the actual care of the child or even its custody wholly or in part to a third party or to appoint a guardian”.
As shown above, parental rights can be removed from parents who commit acts of violence against their children, including what was once described as corporal punishment.
HUNGARY
Legal Status: Illegal1
Corporal Punishment was prohibited through a 2004 amendment to the Act on the Protection of Children and Guardianship Administration (the Child Protection Act) 19971. Section 6(5) states:
“A child has the right to respect for their human dignity, to protection against abuse – whether physical, sexual or psychological violence – neglect and informational harm. A child shall not be subjected to torture, corporal punishment or other cruel, inhuman or degrading punishment or treatment”.
The Criminal Code of Hungary indicates the consequences for Causing Bodily Harm in Section 164:
“1) A person who harms the physical integrity or health of another person commits the criminal offence of causing bodily harm.
(2) If the harm or illness caused heals within eight days, the perpetrator is guilty of the misdemeanour of causing minor bodily harm and shall be punished by imprisonment for up to two years.
(3) If the harm or illness caused heals beyond eight days, the perpetrator is guilty of the felony of causing grievous bodily harm and shall be punished by imprisonment for up to three years.
(4) The perpetrator is guilty of a felony and shall be punished by imprisonment for up to three years if causing minor bodily harm is committed
- a) for a base reason or purpose,
- b) against a person who is incapable of self-defence or unable to express his will, or
- c) against a person with limited ability to avert the criminal offence due to his old age or disability.
(5) The punishment shall be imprisonment for one to five years if the causing of minor bodily harm causes a permanent disability or any serious degradation of health.
(6) The punishment shall be imprisonment for one to five years if the causing of grievous bodily harm is committed
- a) for a base reason or purpose,
- b) against a person who is incapable of self-defence or unable to express his will,
- c) against a person with limited ability to avert the criminal offence due to his old age or disability,
- d) by causing a permanent disability or any serious degradation of health,
- e) with special cruelty.
(7) A person who commits preparation for a criminal offence specified in paragraph (3) or (6) is guilty of a misdemeanour and shall be punished by imprisonment for up to one year.
(8) The punishment shall be imprisonment for two to eight years if the causing of bodily harm causes any danger to life or death.
(9) A person who commits causing grievous bodily harm by negligence is guilty of a misdemeanour and shall be punished by imprisonment for
- a) up to one year in the case specified in paragraph (3),
- b) up to three years in the cases specified in paragraph (6) b) to c),
- c) one to five years if the harm caused poses a danger to life.
(10) The criminal offence specified in paragraph (2) shall only be punishable upon private motion”
IRELAND
Legal Status: Illegal1
Corporal Punished was prohibited in Ireland in 2015. This was through an amendment to the Offence Against the Person (Non-Fatal) Act 19971 through the 2015 Children First Act, Article 24A, which states: “The common law defence of reasonable chastisement is abolished”.
Under the Non-Fatal Offences Against the Person Act (1997) Section 2:
| (1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly— | ||
| (a) directly or indirectly applies force to or causes an impact on the body of another, or | ||
| (b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact, | ||
| without the consent of the other. | ||
| (2) In subsection (1) (a), “force” includes— | ||
| (a) application of heat, light, electric current, noise or any other form of energy, and | ||
| (b) application of matter in solid liquid or gaseous form. | ||
| (3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person. | ||
| (4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both. |
ITALY
Legal Status: Mostly illegal1
Italy has mostly outlawed the use of corporal punishment against children via the Supreme Court in 19961. Despite this ruling and according to the organisation End Corporal Punishment, there is yet to be an explicit prohibition of corporal punishment in the Law, it can make prosecuting and reducing child abuse difficult1.
LATVIA
Legal Status: Illegal1
Latvia has clear law prohibiting corporal punishment. Section 9(2) of the Law on Protection of the Right of the Child 1998 states, “A child shall not be treated cruelly, tortured, or physically punished, and his or her dignity and honour shall not be violated”. Furthermore, in Section 24(4) it goes on to state “Parents shall be held liable as determined by law for not fulfilling their parental duties and for abuse of custody rights, physical punishment or cruel treatment of a child”.
In the Latvian Criminal Code, Section 125, Intentional Serious Bodily can be punished through “the applicable punishment is the deprivation of liberty for a period of up to seven years, with or without probationary supervision for a period of up to three years”. Furthermore, Intentional Moderate Bodily Injury can result in “the applicable punishment is the deprivation of liberty for a period of up to three years or temporary deprivation of liberty, or probationary supervision, or community service, or fine”.
LITHUANIA
Legal Status: Illegal1
Lithuania prohibited corporal punishment in 2017 through amendments to Law on the Fundamentals of Protection of the Rights of the Child 1996 which defined corporal punishment to be included as a violent act:
“…physical violence’ means any direct or indirect intentional physical act against a child, as well as corporal punishment, which causes pain to a child, causes harm or endangers his life, health, development or harm to his or her honour and dignity.“
Article 140 of Lithuanias Criminal Code, in regards to physical assault, that: “A person who, by beating or other violent actions, causes to a person physical pain or a negligible bodily harm or a short-term illness shall be punished by community service or by restriction of liberty or by arrest or by imprisonment for a term of up to one year”, this is followed up in subsection 2 of this article in reference to assault against a child that “A person who commits the act indicated in paragraph 1 of this Article in respect of a young child or by torturing the victim shall be punished by imprisonment for a term of up to two years.”
LUXEMBOURG
Legal Status: Illegal1
Corporal Punishment is prohibited under the Law on Children and Family 2008, where in Article 2 sates:
MALTA
Legal Status: Illegal1
After a 2014 amendment to the Malta Criminal Code
NETHERLANDS
Legal Status: Illegal1
POLAND
Legal Status: Illegal1
PORTUGAL
Legal Status: Illegal1
ROMANIA
Legal Status: Illegal1
SLOVAKIA
Legal Status: Legal1
SLOVENIA
Legal Status: Illegal1
SPAIN
Legal Status: Illegal1
SWEDEN
Legal Status: Illegal1
UK
Legal Status: Mixed1
USA
Legal Status: Legal/Mixed1
“If I did those things to your child I would
be imprisoned quickly and deemed a public menace.”
Words of a KARA board member upon the
beatings outlined in the
investigation of murdered children in Minnesota
Please share this widely
Thank you Student Volunteer Alistair Douglas Brown (Sterling University) for the research you have done for this piece.
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“What we do to our children, they will do to our society”
(Pliny the Elder, 2000 years ago)
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