Law Reform, Corporal Punishment and Child Abuse: The Case of Sweden
| Date | 01 May 2005 |
| Published date | 01 May 2005 |
| DOI | 10.1177/026975800501200203 |
| Author | Staffan Janson,Joan E. Durrant |
International
Review
ofVictimology,
2005,
Vol.12,
pp.139-158
0269-7580/05
$10
© A B
Academic
Publishers
-Printed
in
Great
Britain
LAW
REFORM,
CORPORAL
PUNISHMENT
AND
CIDLD
ABUSE:
THE
CASE
OF
SWEDEN
JOAN
E.
DURRANT*
and
STAFFAN
JANSONt
*University
of
Manitoba,
Canada
tKarlstad
University,
Sweden*
ABSTRACT
Over
the
past
70
years,
Sweden
has
implemented
a
series
of
proactive
legal
reforms
aimed
at
eliminating
the
corporal
punishment
of
children
in
homes,
schools
and
institutions.
The
most
recent
of
these
reforms
took
place
in
1979
when
Sweden
became
the
first
nation
to
explicitly
abolish
corporal
punishment.
The
primary
purposes
of
the
ban
were
to
recognize
and
affirm
children's
rights
to
security
of
the
person
and
to
inform
the
public
and
professionals
that
corporal
punishment
is
neither
socially
acceptable
nor
legally
defensible.
It
was
expected
that,
over
time,
parents
would
demonstrate
decreasing
support
for
this
practice
and
decreasing
use
of
it.
Ultimately,
it
was
expected
that
the
ban,
and
the
legal
reforms
that
led
up
to
it,
would
contribute
to
lower
levels
of
parental
violence
toward
children.
In
the
present
article,
evidence
from
a
variety
of
sources
is
examined
to
assess
trends
in
child
physical
abuse
in
Sweden
over
time.
It
is
concluded
that
acts
of
violence
against
children
have
declined
dramatically
in
Sweden
over
recent
decades;
corporal
punishment
is
infrequent,
serious
assaults
are
uncommon,
and
child
abuse
fatalities
are
extremely
rare.
Implications
of
legal
reform
for
the
well-being
of
children
are
discussed.
INTRODUCTION
Not
long
ago,
the
physical
maltreatment
of
children
was
commonplace
and
accepted
in
silence
in
many
nations.
In
the
United
States,
for
example,
it
was
not
until
the
mid-1970s
that
a
major
cultural
shift
took
place
that
named
physical
abuse
as
violence,
rather
than
a
private
family
matter.
Since
the
middle
of
the
last
century,
many
countries
have
taken
action
through
legislative
and
policy
changes
to
prevent
the
destructive
effects
of
violence
against
children
and
improve
protective
services.
These
proactive
changes
have
included
mandatory
reporting
laws,
child
abuse
registries,
family
violence
courts,
risk
assessment,
and
dif-
ferential
response
systems.
As
policy
in
this
area
has
evolved,
it
has
reflected
an
increasing
recognition
that
child
physical
maltreatment
is
not
solely
a
family
matter,
but a
societal
one.
*
Please
address
all
correspondence
to
Joan
E.
Durrant,
Ph.D.,
Department
of
Family
Social
Sciences,
University
of
Manitoba,
Winnipeg,
Manitoba,
R3T
2N2,
Canada
(email:
dur-
rant@ms.umanitoba.ca).
We
are
grateful
to
Richard
Gelles
for
his
assistance
and
to
Gregg
Olsen
for
his
comments
on
an
earlier
draft
of
this
paper.
We
also
acknowledge
the
important
contribution
of
Ake
Edfeldt
to
the
field
of
child
abuse
research
in
Sweden.
140
It
has
been
increasingly
understood
to
be
an
outcome
of
interactions
of
factors
at
the
levels
of
the
individual
parent
or
caregiver,
the
family,
the
community
and
the
larger
society.
And
the
vulnerability
of
children
to
these
factors
has
been
increasingly
acknowledged.
Not
only
are
children
smaller
than
adults,
making
them
physically
vulnerable
to
even
'mild'
physical
force,
and
not
only
do
they
possess
little
power
to
resist
physical
assault
due
to
their
total
dependence
on
their
caregivers,
but
they
have
not,
until
very
recently,
been
viewed
as
holders
of
basic
rights
to
physical
integrity
and
security
of
the
person.
Recognition of the
Role
of Physical Punishment in Child Maltreatment
An
example
ofthe
shift
toward
understanding
cultural
factors,
children's
vulner-
ability
and
children's
rights
as
persons
is
the
growing
recognition
internationally
of
the
role
of
physical
punishment
in
child
physical
maltreatment.
In
many
nations,
public
education
efforts
are
being
directed
to
shifting
attitudes
toward
this
practice
with
the
aim
of
reducing
the
prevalence
of
physical
injury
to
children.
Physical
punishment
is
increasingly
viewed
as
a
form
of
maltreatment
(e.g.,
Trocme
et al.,
2001).
It
has
now
been
prohibited
in
the
schools
of
at
least
100
nations
1•
Fifteen
nations
have
taken
a
further
step
by
enacting
new
civil
laws
that
explicitly
ban
this
practice
in
all
settings,
including
the
home
2•
In
these
nations,
these
bans
set
cultural
standards
regarding
the
use
of
force
with
children
and
serve
as
symbols
of
the
nation's
commitment
to
recognizing
children's
rights
as
persons.
Where
physical
punishment
has
been
explicitly
abolished,
it
is
viewed
in
law
as
a
form
of
violence
and
as
humiliating
or
degrading
treatment.
For
example,
Latvia's
law
states
that
'a
child
shall
not
be
treated
cruelly,
tortured
or
physically
punished,
and
his
or
her
dignity
or
honour
shall
not
be
violated'
(Law
on
Protection
of
the
Rights
of
the
Child,
1998).
According
to
Iceland's
law,
'it
is
the
parents'
obligation
to
protect
their
child
against
any
physical
or
mental
violence
and
other
degrading
or
humiliating
behavior'
(Children's
Act,
2003).
Similarly,
Croatia's
law
states
that
'parents
and
other
family
members
must
not
subject
the
child
to
degrading
treatment,
mental
or
physical
punishment
and
abuse'
(Family
Act,
1998).
In
some
nations,
the
child's
rights
are
explicitly
affirmed
in
laws
that
forbid
physical
punishment.
In
Denmark,
'a
child
has
the
right
to
care
and
security.
He
or
she
shall
be
treated
with
respect
as
an
individual
and
may
not
be
subjected
to
corporal
punishment
or
other
degrading
treatment'
(Parental
Custody
and
Care
Act,
1997).
In
Finland,
'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'
(Child
Custody
and
Rights
of
Access
Act,
1983).
In
Germany,
'children
have
a
right
to
be
brought
up
without
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