Is Corporal Punishment Torturous?

Abstract

AbstractThe aim of this article is to determine whether fixed courses of judicial corporal punishment (JCP) and non‐abusive corporal punishment of children (CPC) amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non‐consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of the reasons offered for distinguishing JCP from torture can distinguish non‐abusive CPC from torture given certain important differences between CPC and JCP. I submit that none of these reasons is successful. I consider other possible reasons for distinguishing non‐abusive CPC that inflicts severe pain from torture and argue that none is successful. I conclude that fixed courses of non‐consensual JCP which inflict severe pain and non‐abusive CPC that inflicts severe pain are correctly classifiable as torture.