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Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or ...
In Canada, spanking by parents or legal guardians (but nobody else) is legal, with certain restrictions: the child must be between the ages of 2–12, and no implement other than an open, bare hand may be used (belts, paddles, etc. are prohibited).
Criminal law has a general prohibition against common assault and battery, but corporal punishment is legal through tradition and an implicit common law justification/defence (R v Hopley 2F&F 202, 1860 [93]) to such charges for parents striking their children in the context of "lawful correction" where the act is "moderate and reasonable".
Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law, including flagellation (also called flogging or whipping), forced amputations, caning, bastinado, birching, or strapping.
The first purpose of law reform to prohibit corporal punishment of children within the family is prevention: to prevent violence against children by changing attitudes and practice, underlining children's right to equal protection and providing an unambiguous foundation for child protection and for the promotion of positive, non-violent and ...
This school year, Illinois will become just the fifth state in the nation to prohibit corporal punishment in all schools. Legislation that Gov. JB Pritzker signed into law this month bans physical ...
The term spanking broadly encompasses the use of either the hand or implement, though the use of certain implements can also be characterized as other, more specific types of corporal punishment such as belting, caning, paddling and slippering. Some parents spank children in response to undesired behavior.
In Australia, the law on BDSM is "cobbled together from a small pool of legal cases", under common law.A senior lecturer in law from the University of Technology Sydney said that "it is unlikely that acts such as bloodletting and permanent disfigurement would escape lawful punishment based on the level of serious harm and the intimidation that may underpin the procurement of consent."