Lyla Lindsey
Smacking children is currently legal in Australia, but there are growing calls for it to be banned. While some argue that it is a private family matter, others believe that smacking is a form of violence that violates children's rights and can lead to adverse outcomes. Research has linked physical punishment with negative short- and long-term effects, including aggression, antisocial behaviour, and mental health issues. Additionally, Australia's laws permitting reasonable chastisement or reasonable punishment are seen as outdated and contradictory to its obligations under the United Nations Convention on the Rights of the Child. As such, there is a push for legislative reform to ban smacking in Australia, joining over 65 countries that have already done so.
| Characteristics | Values |
|---|---|
| Current legality of smacking children | Legal under certain conditions |
| Public opinion | Mixed |
| Support for ban | National Children's Commissioner, ACT Human Rights Commission, Australian Institute of Family Studies, Dr Vivienne Lewis, Professor Daryl Higgins, Professor Silke Meyer, Former ACT Children's Commissioner Alasdair Roy, Associate Professor Patrick Lenta |
| Opposition to ban | Critics argue it interferes with family privacy and criminalises parents |
| Countries with similar bans | Sweden, Germany, Italy, Greece, Spain, New Zealand, Finland, Scotland, Austria, Norway, South Africa, Brazil, Wales |
| Negative outcomes associated with smacking | Increased aggression, antisocial behaviour, mental health problems, negative parent-child relationships, depression, anxiety, vulnerability to substance abuse, physical abuse within the family |
| Positive outcomes associated with smacking | Immediate compliance |
| Legislation | Section 61 Crimes Act 1900 (NSW) |
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What You'll Learn
Smacking as a form of discipline
There are generational differences in attitudes towards corporal punishment in Australia. Many people born in the 1970s or earlier may have been smacked with a wooden spoon by their parents as a form of discipline. Today, that same action could be considered assault, depending on the situation and the amount of force applied. This shift in perspective is reflected in the changing laws and social attitudes towards corporal punishment in other countries. Sweden, for example, was the first country to outlaw hitting children in 1979, and since then, the acceptability of corporal punishment has drastically dropped. Similarly, in New Zealand, the first English-speaking nation to ban smacking in 2007, the proportion of people who viewed hitting as acceptable dropped from 58% in 2008 to 19% in 2018.
There is growing evidence that corporal punishment, including smacking, is ineffective as a disciplinary measure and is associated with adverse outcomes for children. Research has found a link between harsh physical punishment and an increased risk of depression, anxiety, and substance abuse. Additionally, children who are smacked are at a higher risk of experiencing more extreme physical abuse within the family. The Australian Institute of Family Studies points to a 2016 analysis by American researchers Elizabeth Gershoff and Andrew Grogan-Kaylor, which found that children who are physically punished are just as likely to defy their parents as to comply with them. Dr Vivienne Lewis, a clinical psychologist at the University of Canberra, explains that smacking does not teach children what they should be doing instead and that it teaches them that lashing out when angry is a solution to conflict. This is supported by Professor Silke Meyer, a co-author of the ANROWS study, who found that young people who had been smacked as children were more likely to hit family members as a way of conflict resolution.
The United Nations Committee on the Rights of the Child has called for Australia to "explicitly prohibit" smacking children in the home, stating that Australia is not fulfilling its obligations as a signatory of the convention. Critics of a potential ban on smacking argue that it would be an overreach of government power into the private lives of families and that it would criminalize loving parents. However, advocates for a ban argue that it is necessary to protect children and reduce the country's "pandemic of family violence." They suggest that a ban would not result in parents being locked up but would instead change the conversation around what is unacceptable behavior towards children.
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The legal precedent for smacking in Australia
In New South Wales (NSW), common assault is addressed under Section 61 of the Crimes Act 1900. While there is no specific legislation prohibiting smacking, it can be considered assault depending on the context, the object used, and the force applied. The accused bears the burden of proving that their actions were reasonable under Section 61AA of the NSW Crimes Act.
In Western Australia, Section 257 of the Criminal Code Act 1913 states that it is lawful for a parent or guardian to use reasonable force as a form of correction toward a child under their care. This defence does not apply if the force is applied to the head or neck or results in significant bruising, marking, or injury lasting longer than a short period.
The "Smacking Grandparents Case" gained significant attention in Australia. In this case, the Department of Family and Community Services (FACS) attempted to remove a 9-year-old child from their grandparents' care due to concerns about physical discipline. The grandparents were successful in retaining custody, with the magistrate awarding them legal costs and stating that there was no evidence the child was at risk of harm.
In another notable case, a South Australian Supreme Court Judge quashed a father's conviction of aggravated assault for smacking his 12-year-old son. The Hon. Justice Peek held that the smacking was not unreasonable and was intended to correct the child's misbehaviour.
While these cases set important precedents, there is ongoing debate and calls for legislative reform to ban smacking in Australia. Experts argue that smacking can lead to negative short- and long-term effects on children and that Australia is not fulfilling its obligations as a signatory to the United Nations Convention on the Rights of the Child.
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The ineffectiveness of smacking as a disciplinary tool
Smacking as a form of discipline is ineffective and has been linked to a wide range of negative outcomes for children. Research has found that children who are physically punished are just as likely to defy their parents as they are to comply with them. This is because smacking does not teach children what their parents want them to do; it only communicates that their parents are not happy with something. As Dr Vivienne Lewis, a clinical psychologist at the University of Canberra, explains, "They don't necessarily associate what they're actually doing with that smacking."
Smacking is associated with a number of negative outcomes for the child, including antisocial behaviour, aggression, mental health problems, and negative parent-child relationships. The Gershoff/Grogan-Kaylor research found that corporal punishment is linked to these adverse outcomes, and that children who are smacked are also at a higher risk of more extreme physical abuse within the family. Additionally, children who are smacked learn that it is acceptable to use force or lash out when they are annoyed or angry with someone. This can lead to them acting out violently towards other children or family members.
There is also evidence of a link between harsh physical punishment, including smacking, and depression, anxiety, and increased vulnerability to substance abuse in later life. While it is not possible to prove a direct causal relationship, the association is strong enough to warrant concern and further investigation. Associate Professor Patrick Lenta in the Law Faculty at the University of Technology Sydney believes that smacking should be made illegal, arguing that it violates children's rights and poses a risk of psychological harm.
Furthermore, the effectiveness of smacking as a disciplinary tool is questionable, as it does not lead to lasting behavioural change. In Sweden, the first country to outlaw hitting children in 1979, the acceptability of corporal punishment has drastically dropped over several decades. In New Zealand, the first English-speaking nation to ban smacking in 2007, the proportion of people who viewed hitting as acceptable dropped significantly from 58% in 2008 to 19% in 2018. These examples demonstrate that changing laws and social attitudes can effectively reduce the use of corporal punishment.
Overall, the ineffectiveness of smacking as a disciplinary tool is evident, and there are significant risks associated with its use. It is important to explore alternative forms of discipline that are more effective and do not carry the same potential for harm.
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The negative outcomes of smacking
Smacking is a form of corporal punishment, which is a term used to describe physical force used for the purpose of control or correction. While it is currently legal for parents and guardians to physically punish children in Australia, there are growing calls for legislative reform. There is now overwhelming research linking physical punishment with negative short- and long-term effects. Here are some of the negative outcomes of smacking:
Aggression and Antisocial Behaviour
Research has found that children who experience physical punishment such as smacking are more likely to exhibit aggression and antisocial behaviour. They may lash out and use physical force when they are angry or annoyed, as they have learnt that this is an acceptable way to resolve conflict. This can lead to issues with peers and authority figures, as well as a lack of empathy and social skills.
Mental Health Issues
The experience of being physically punished can have a significant impact on a child's mental health. Studies have found links between harsh physical punishment and an increased risk of depression, anxiety, and substance abuse in later life. The trauma of being hit by a caregiver can also lead to other mental health problems, such as post-traumatic stress disorder (PTSD) and attachment issues.
Negative Parent-Child Relationships
Smacking can damage the relationship between a parent and child, leading to a breakdown in trust and communication. Children who are smacked may feel fear, resentment, or confusion towards their parents, and this can impact their sense of security and self-worth. It can also lead to a cycle of violence, with children learning that physical force is an acceptable way to exert power and control in relationships.
Ineffective Discipline
Smacking has been shown to be ineffective as a disciplinary tool. While it may result in immediate compliance, this does not indicate lasting behavioural change. Children who are smacked are just as likely to defy their parents as to comply with them, and it does not teach them appropriate conflict resolution skills or emotional regulation strategies.
Normalisation of Violence
By allowing smacking to remain legal, society sends a message that violence is an acceptable way to resolve issues. This can contribute to a culture of violence and normalise aggressive behaviour, particularly within families. Children who are smacked are also at a higher risk of experiencing more extreme physical abuse within the family, as the line between discipline and abuse can become blurred.
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The long-term impacts of smacking
One meta-analysis of 75 studies involving 160,927 children found that smacking was associated with increased aggression and antisocial behaviour, mental health problems, and worse parent-child relationships. The study also found that the only positive outcome associated with corporal punishment was immediate compliance, which tends to decrease over time. Additionally, children who have been smacked tend to exhibit high hormonal reactivity to stress, overloaded biological systems, and changes in brain structure and function.
The adverse effects of smacking can persist into adulthood, with studies finding links to anxiety, depression, substance abuse, and antisocial behaviours. There is also evidence of associations between physical punishment in childhood and intimate partner violence as an adult, as well as an increased risk of physical abuse. Furthermore, harsh physical punishment can lead to internalising problems in children, such as playing alone, being nervous in new situations, or lacking confidence.
The normalisation of smacking as a form of discipline can have intergenerational effects, with young people who were smacked as children stating that it taught them this kind of behaviour was acceptable. This can lead to a perpetuation of violence, as children may view smacking as a normal means of conflict resolution.
The prevalence of smacking in Australian households is still high, with surveys indicating that 50-80% of Australian parents use physical punishment when disciplining their children. However, there is a growing movement to outlaw corporal punishment, with 65 countries having already implemented bans.
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Frequently asked questions
No, it is not. However, physical discipline that causes harm lasting more than a brief period (such as bruising or other injuries) is unlawful.
There is overwhelming research linking physical punishment with negative short- and long-term effects on children. These include increased aggression, anti-social behaviour, mental health problems, and worse parent-child relationships.
Critics argue that banning smacking interferes with family privacy and that the government would be criminalising loving parents.
Dr Vivienne Lewis, a clinical psychologist at the University of Canberra, recommends verbally teaching a child what to do and talking about the rules and what is acceptable and unacceptable behaviour.
Sweden was the first country to outlaw hitting children in 1979. New Zealand was the first English-speaking nation to ban smacking in 2007. Other countries that have banned corporal punishment include Finland, Scotland, Austria, Norway, South Africa, and Brazil.
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