Forms Of Corporal Punishment Research Articles

Influence of Most Violated Children's Rights on Student’s Academic Performance in Public Secondary Schools in Ugunja Sub-County, Kenya

This study explored the influence of student rights awareness on academic performance in public secondary schools in Ugunja Sub-County, Kenya. It is established the most violated children's rights and their influence on academic performance in Ugunja Sub-county Public Secondary Schools. The study targeted Ugunja Sub-County Director of Education, 25 School Principals, 393 teachers, and 15,502 students enrolled in Secondary Schools in this Sub-County. This research was anchored on Mathew Kramer's Best interest theory of a child that advocates for maximum protection of the best interest of a child. A descriptive survey design was adopted. Slovin's formula was applied to obtain a sample size of 390 participants. Questionnaires and interview schedules were employed as the research instrument. Their validity was tested through sharing and getting views from members of the cohort. Split-half method was featured in testing the reliability of research instruments by determining the correlation between scores for both halves. The quantitative data from the questionnaires was analyzed using the Statistical Package for Social Science [SPSS] version 20.1. This data was then presented using tables, graphs, pie charts, frequency distribution and percentages so as to make it easily understood. Qualitative data generated from the interview schedules involving the Sub-county Director of Education and Principals was analyzed using thematic analysis. Findings revealed that a total of 97% of students of both gender claimed that there was child right violation in their schools. They were supported with 90% of teachers and 100% of the key respondents (Principals/SCDE). The most commonly violated rights according to both teachers and students was through corporal punishment, bullying, sexual harassment and proper use of school resources where some learners said that they were denied the proper use of some school items such as computers and laboratory apparatus. Other rights that they were denied include, right to play, freedom of expression and discrimination in terms of colour and religion, thus affected the academic performance of the students in secondary schools. It was clear from the study that most teachers and students were aware of the students’ rights, but they were ignorant of the consequences of violating the rights. The research concluded that, among the most commonly violated rights that the study found out were in form of corporal punishment, sexual harassment and cases of bullying respectively. The main sources of children rights in Ugunja Sub-county were television/radio, school and church. There was an observation that none of the sampled schools had posters against child right violation within their compounds. It came out clearly from this study that violation of student’s rights lead to poor academic performance. The study recommended that government should ensure that there are copies of children right act booklets provided to Public secondary schools so that each learner can have a copy as a reference material, Kenya Institute of Curriculum Development should incorporate topics that deal with children rights in the syllabus so that learners can as well acquire information progressively, the school administration should introduce clubs and societies that address student rights. Students can be guided to be active members of the clubs.

Corporal Punishment of Young Children: Parents’ Perceptions and Family Practices

ABSTRACT Our study aim was to examine the perceptions and experiences of parents regarding corporal punishment of children during early childhood within the context of traditional families. Participants of this qualitative phenomenological study were parental pairings of 11 preschool-aged children living in Eyyübiye district of Şanlıurfa, Türkiye. Data were collected through participant interviews during home visits and content analysis was followed for data analysis. It was revealed through the findings that parents used various forms of corporal punishment as a means of protecting family dignity as well as disciplining their children. It was also pointed out those traditional and cultural elements including parental respect, patriarchal structure, parental responsibilities of children, religious beliefs, and intergenerational transmission, which shaped how parents utilized and perceived corporal punishment. Finally, our study results were discussed in light of the relevant literature.

A Critical Literature Review of Corporal Punishment and Its Use in Society

This critical review, which was done on thematic basis, covers literature mainly from the period of 2015-2022 on corporal punishment obtained from some major databases and textbooks. The review, which took a funnel approach, covers literature from global, African and Ghanaian perspectives on corporal punishment. The review which covers literature on what is corporal punishment, forms of corporal punishment, prevalence of corporal punishment and reasons for the use of corporal punishment among others, is intended to give understanding on the use of corporal punishment in society. It also aims to guide future studies on the use of corporal punishment and the call for the use of other alternatives to corporal punishment.

Representations of public caning in Serambi Indonesia: A linguistic approach to news framing analysis

With its distinctive autonomy in implementing Sharia, Aceh allows public caning as a form of corporal punishment not seen in other parts of Indonesia. This article examines how a prominent local newspaper, Serambi Indonesia, portrayed the implementation of public caning in Aceh over the past decade. This study combined transivity analysis and Gamson and Modigliani’s (1989) four framing devices: metaphors, exemplars, catchphrases, and depictions. The analysis focused on 45 articles related to public caning in Aceh published between January 2012 and December 2020 in Serambi Indonesia. The findings reveal that caning is a key theme in these news stories, signalling its execution for Sharia violators in Aceh. The findings also found an ambivalent representation of public caning. Depictions of paramedics, audiences, and public support, along with the use of exemplars, highlight a positive portrayal of the current practice of public caning in Aceh. The punishment is depicted as a way of educating offenders and a means to deter similar offenses in the future, which overshadows the severity of the punishment. The media also conveys a message that Aceh’s caning punishment differs from practices in the Middle East and suggests a “lighter” interpretation of Sharia. However, the coverage raises concerns about the effectiveness of caning as a deterrent and the fair implementation of the punishment. Therefore, the representations of public caning in Serambi Indonesia reflects ongoing controversy surrounding the event within Acehnese society.

The Punishment Imperative and the Construction of Political Authority in the Carolingian Empire of Louis the Pious (814–840)

ABSTRACT Historians of the Carolingian empire have generally neglected judicial violence as a means of constructing political authority, partly because the wergild system seems to exclude the significance of public punishment, partly because military violence is such a dominant factor in our view of the Carolingians. This is certainly true for the early Carolingians, but judicial violence gained in importance during the reign of Charlemagne, after the military expansion of the empire had come to an end. In contrast to his father Charlemagne, who pushed for the implementation of new forms of corporal punishment, Louis the Pious was committed to such a high degree of clemency towards rebels, criminals and evildoers that his political authority was questioned and that a discussion was triggered about the respective merits of clemency and severity. In this paper, I want to assess the conundrum of conscience which was inflicted upon Louis the Pious by the “double-bind” of a monastic abhorrence of punishment and the Frankish royal legacy of judicial violence.

Spanking and Corporal Punishment Parenting Practices and Child Development: A Systematic Review.

Violence against children is a significant problem, particularly during early childhood development. Spanking and other forms of corporal punishment in child-rearing have been used by families worldwide to correct children's unwanted behaviors. Despite previous studies focusing on the negative consequences of these parental practices, open questions remain. The present study aimed to systematically review the empirical studies published in scientific literature that examined the associations between parenting practices of spanking and corporal punishment of mothers and their children's behaviors and development in early childhood. Search was performed in PubMed, APA PsycNet, Web of Science, SciELO, and LILACS databases using the combination of the following keywords: ((spank OR physical punishment OR physical abuse OR physical maltreatment OR corporal punishment) AND (parenting)) AND (child* development OR child* behavior). The inclusion and exclusion criteria were applied and 34 articles were selected for review. The inclusion criteria were the following: studies that evaluated associations between maternal spanking or corporal punishment practices and behaviors or development of 0-to-6-year-old children; quantitative studies; studies published in English, Spanish, or Portuguese language. The results showed that in 94% of the studies, there were significant associations between maternal spanking and corporal punishment with deteriorated child behavior and development, concurrently or later. In addition, maternal physical practices also acted as mediators or moderator variables in models that explained behavioral and developmental problems in early childhood.

The Evolution of Criminal Law in Continental Western Europe

Through the ages societies have been confronted with criminal behavior. Whenever an act was committed that that harmed an individual or threatened the whole community, the legal system had to be restored one way or another. In the course of history all sorts of methods and measures have been introduced to deal with persons who had infringed private interests or endangered the common safety. Studying the evolution of criminal law in Western Europe, from its early stages to its present form, some main features can be distinguished. One of these features is the gradual shift of criminal procedure from the private domain to the public domain. At first, there was not much public interference with criminal behavior whatsoever. For the greater part, it was up to the victim of the offence, or the family he belonged to, to take legal action against the offender. Only gradually the authorities began to consider criminal justice a matter of public interest. In the Middle Ages, judicial officials were appointed who had to bring each and every culprit to justice. They had to ensure that they were punished properly by the courts of law. To do so, the judges had a wide range of penalties at their disposal, including various species of the death penalty and other forms of corporal punishment. Meanwhile, the criminal liability of a person who had to stand trial changed drastically. No longer was an offender criminally liable for the sole reason that he had committed an unlawful act, like before, but also because he was to be blamed for having done so. When the Middle Ages came to their end, some new theories about punishment were introduced, aiming at the exclusion of wrongdoers from society by depriving them from their freedom. This new penal policy was gaining ground rapidly and would eventually lead to the introduction of various prison systems in the eighteenth and nineteenth centuries. In that same period, ancient sources of criminal law, such as customary law, divine law and revived Roman law, lost their legal power and made way for statute law. As a result of this rise of legislation various voluminous criminal codes were issued at the end of the eighteenth century. In the course of the twentieth century most of the penal practices in Western Europe were significantly transformed. This transformation had a lot to do with the notion that one should reform the moral standards of wrongdoers, in order to prevent them from making the same mistakes again.

THE LEGALITY OF CANING IN SINGAPORE

Caning, also known as flogging and whipping, is a form of corporal punishment that is exclusively practised in Singapore, Brunei, and Malaysia. There has been an ongoing discussion over whether caning falls within the definition of ‘torture’ under various international treaties. This article intends to look into the history of caning and further analyse the arguments for the legality of caning in Singapore. It mentios the reasons for and problems of the present form of caning in these three nations. After analysing the international law and position of caning, the article affirms the reasons for not changing the existing caning laws. The efficacy of caning as punishment can be demonstrated by statistics from various reports that showed low crime rates in Singapore, Brunei, and Malaysia. Caning is among the few punishments that are retributive, deterring, as well as disciplining. The findings revealed that the offenders may not be able to walk or even sit comfortably for the first few weeks after being subjected to caning as punishment. Furthermore, the humiliation, fear, and suffering leave a permanent psychological scar on the offenders. Hence achieving the objective of judicial punishments. Nevertheless, given the lack of literature, caning has not been highlighted previously. In the final analysis, this article concluded that despite the severity and humiliation, caning still contributes to the overall aversion to crime in Singapore and thus should not be abolished and should continue to be inflicted on offenders.

Corporal Punishment of Children in Indonesia: A Signal for Legal Reforms

This article aims to explore public opinion on the use of corporal punishment for children in Indonesia. The data was collected by interviewing and distributing questionnaires to relevant actors, such as the judge, government, teachers, and parents, particularly in Madura and West Sumatra. The findings show that corporal punishment in Indonesia is no longer justified as a means to educate and discipline children. However, public opinion is much influenced by concerns over criminal lawsuits filed against parents and teachers. Distinguishing between mild and severe forms of corporal punishment can protect teachers from unnecessary criminal proceedings and instead aid teachers in performing their duties responsibly.

Pemidanaan Terhadap Profesi Notaris Dalam Rangka Mewujudkan Perlindungan Hukum

This research intends to examine the problematic of criminalization against the Notary profession in Indonesia. To analyze this problem, the researcher employs the theory of legal protection as Grand Theory, profession and professionalism theory as Middle-Range Theory, and criminalization theory as Applied Theory. The method employed in this research is juridical-normative method. The results of this study show the following conclusions. Firstly, criminalization against notary can only be carried out if it fulfills three conditions, namely the Notary violates the procedure of drawing up authentic deeds as regulated in UUJN (Law on Notary Profession), the notary violates the provisions of the criminal law as regulated in the Criminal Code, and the existence of the mens rea from the notary concerned. In making an official (ambtelijk) deed (drawn up by a notary), the Notary may be held liable for criminal liability for the material truth of the deed he made and can be determined as a perpetrator or accomplice of a criminal act. However, in the drafting of a party (partij) deed (drawn up before a notary), a notary may only be held liable for criminal liability for the formal aspects of the deed he made and can only be stipulated as an accomplish to a criminal act. Secondly, a more appropriate criminal justice model to be applied in the settlement of criminal cases involving the Notary in carrying out his duties and authority as a public official is a mediation of restorative justice-based penalty. In this model, sanctions are applied to perpetrators of crime not in the form of corporal punishment, imprisonment or confinement, but the obligation to provide compensation or restitution to victims of crime.

Menggagas Konsep Dekriminalisasi Pencemaran Nama Baik Sebagai Pelanggaran Hukum Perdata Murni

Law always comes late as opposed to the social deveopment, existing laws are sometimes no longer able to provide solutions to social problems that occur. It is the same with defamation offenses that are blooming in Indonesia. Settlement of cases through criminal law is considered ineffective to resolve the existing problems. This study aims to identify the problem of law enforcement on defamation offenses in Indonesia and providing the right arguments on the urgency of decriminalizing defamation offenses and altering them onto violations of civil law instead. The research method used is a normative juridical with statutory,analytical approach and comparative approaches. The results of the study conclude that law enforcement on defamation offenses using criminal law efforts is considered ineffective because of problems in the material and formal legal aspects of the related article. The imposition of sanctions in the form of corporal punishment actually creates a new social problem and often does not fulfill the sense of justice for both the perpetrator and the victim, especially if the perpetrator's actions cause material losses. Hence the settlement through civil law is considered very appropriate considering that the majority of defamation occurs between individuals. This is also in order to re-establish the existence of criminal law as the ultimum remedium

Yuridical Aspect Prevention of "Illegal Fishing" Action in International Law and Implementation in Indonesia

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Punishing coaching: bukatsudō and the normalisation of coach violence

At the beginning of 2013 two independent cases made the headlines of Japanese newspapers. The first case involved the suicide of a high school student that was allegedly triggered after he received several beatings from his basketball coach for failing to perform well enough. The second case involved fifteen female judoka, including competitors in the London Olympics, who filed a letter with the Japanese Olympic Committee complaining of violence by two coaches, including the head coach of the women's team. Both these cases caused a national debate about the practice of taibatsu (corporal punishment) in sport in Japan. This article is based on the outcomes of focus groups that were conducted with students at ten universities from across Japan in 2013. In particular, we examine the ways in which students’ normalised acts of violence from coaches, accepting them as necessary forms of discipline and, in many cases interpreting such acts as indicative of caring coaching and kindness. Further, we consider the responses of students, which suggest that these forms of corporal punishment are necessary in producing a uniquely Japanese form of identity. The complex relationship between sport and education in Japan suggests that attempts to change the ways in which bukatsudō operate, including coach/athlete relationships, is problematic and may require major reconsideration of the role of sport in education.

Parental aggression as a predictor of boys’ hostile attribution across the transition to middle school

Aggression among youth is a public health problem that is often studied in the context of how youth interpret social information. Social cognitive factors, especially hostile attribution biases, have been identified as risk factors for the development of youth aggression, particularly across the transition to middle school. Parental behaviors, including parental aggression to children in the form of corporal punishment and other aggressive behavior, have also been linked to aggressive behavior in children at these ages. Despite the important role played by these two risk factors, the connection between the two has not been fully studied in the literature. This study examined the link between parental aggression and children’s hostile attributions longitudinally among a diverse sample of 123 boys as they entered middle school. Results support acceptance of a model in which parental aggression to children prior to entering middle school predicted children’s hostile attributions after the transition to middle school above and beyond that which was predicted by previous levels of hostile attributions. As expected, hostile attributions also predicted change in parent- and teacher-rated child aggression. These findings provide important evidence of the role that parental behavior plays in youth social cognition at this critical age, which has implications for understanding the development of aggressive behavior.

Effects of Early Socialization on the Academic Performance of ECDE Children in Kenya

Kenya, though it has various education interventions from the state and non-state actors is faced with very low literacy levels. Many of the residents engage in casual labour and subsistence farming for survival. With this low level of literacy, many of the parents are not aware of good parenting practices for their children. The researcher thus intends to establish the effect of early socializations of children on their academic performance in school.The researcher chose case-study research design to carry out this research. The researcher selected her sample through the use of simple random sampling technique. Data was collected from the respondents through the use of questionnaires and interview schedules. Secondary data was collected by the use of document analysis. The data collected was analyzed and presented in frequency distribution tables, pie charts and bar graphs. Thematic paragraphs were used to present qualitative data.From the research conducted, it was established that the parents instill fear in their children by caning them among other forms of corporal punishment. There also is a relationship between early socialization and the academic performance of children in school. There are various agents that are used to socialize a child in the society including school, family church among others.The researcher recommends creating awareness among the parents, teachers and other stakeholders on the importance of early socialization of children among children. Government interventions are also recommended to solve the issue of poor socialization of children.

‘Their Way of Punishing’ Corporal Punishment by Indigenous Peoples and the Prohibition of Torture

Both the right of indigenous peoples to cultural integrity and the prohibition of torture and other cruel, inhuman and degrading treatments and punishments are vital features of the character of modern international law. However, these two essential components of modern international law do not always appear to see eye to eye with regards to corporal punishment as a criminal sanction in indigenous communities. Practices such as flogging and the stocks would normally be considered to fall within the torture spectrum or at least some kind of cruel, inhuman or degrading treatment or punishment under the various international instruments covering such crimes. However, notions of cultural integrity and identity cause uncertainty as to what status these practices should actually have in the context of indigenous peoples' rights. This article seeks to explain and offer a way to solve this disagreement. Specifically, while claiming that indigenous corporal punishment should be judged under the same standard as any other form of corporal punishment, it also proposes that, instead of a merely punitive approach, states should seek to establish transitional consultation processes under ILO Convention 169 to seek to discourage indigenous practices that breach international standards.

'Their Way of Punishing': Corporal Punishment by Indigenous Peoples and the Prohibition of Torture

Both the prohibition of torture and other cruel, inhuman and degrading treatments and the right of indigenous peoples’ to self-determination and cultural integrity are vital features of the character of modern international law. These two essential components of modern international law, however, do not always seem to see eye to eye, and one particular point of conflict is in relation to corporal punishment as a criminal sanction in indigenous communities. Practices such as flogging and the stocks would normally be considered to fall within the realm of torture or at least some kind of cruel, inhuman or degrading treatment under the various international instruments covering such conducts. However, notions of cultural integrity and identity cause uncertainty as to what status should these practices actually have in the context of indigenous peoples rights. This paper seeks to offer a way to solve the disagreement between these two fundamental aspects of modern international human rights law. Specifically, while claiming that indigenous corporal punishment should be judged under the same standard for torture as any other form of corporal punishment, it also proposes that states should seek to establish transitional consultation processes under ILO Convention 169 to seek to discourage indigenous practices that breach international standards.

The Effects of Abolishing Corporal Punishment on Learner Behaviour in South African High Schools

Corporal punishment is a form of disciplinary measure that uses physical force with the intention of causing a learner to experience pain but not injury for reasons of correcting his or her behaviour. Section 10 of the South African Schools Act (84 of 1996), however, prohibits all forms of corporal punishment in schools (RSA, 1996). Despite this ban, many schools continue to practise it widely. Media reports suggest that students in many schools, especially rural schools, display arrogance, violence, rudeness, truancy and other types of misconduct. In the light of above and with the implications of the implementation of the Schools Act in mind, it was investigated whether the South African Government’s decision to abolish physical punishment was viable and whether it had any impact on student conduct. A sample was drawn of 400 learners and 100 teachers from 10 high schools in an educational region of the North West Province of South Africa. In contrast to the thrust of the theoretical investigation that revealed that the abolition of corporal punishment would probably lead to an increase in poor behaviour, the empirical investigation, particularly the application of the chi-squared test, indicated no positive relationship between the abolition of corporal punishment and increase in misconduct. The study recommends that alternative forms of disciplinary measures are necessary to minimise misdemeanours among learners. DOI: 10.5901/mjss.2014.v5n7p435

Ocular injuries from the horsewhip: A 9 years retrospective study

Background: Horsewhip is a thong made from animal hide and is commonly used among African population to strike commonly, erring children as a form of corporal punishment to correct wrong doings especially at homes and in schools'. This practice is against International law (1989, Convention on the Rights of the child, UN) which sought to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Its use is associated with a myriad of vision threaten conditions including ruptured globe. Aim : The aim was to evaluate the prevalence and severity of eye injuries caused by horsewhip and recommend ways to reduce it. Materials and Methods : A 9 years retrospective study of horsewhip ocular trauma was carried out. The following information were extracted from patient's medical records: Sociodemographic record, circumstance of trauma, extent of eye injury, visual acuity (VA) at admission and at the time of discharge. The data were analyzed with SPSS version 18. Results: Horsewhip ocular injuries constituted 20 of a total number of 930 cases of ocular trauma seen during the study periods . There were 13 males and 7 females. Most patients were students 15 (75%). Left eye was mostly affected 11 (55%). Half of the injuries occurred at schools 10 (50%, 8 in Quranic and 2 in formal), followed by home 7 (35%). Cornea was the most affected part by the trauma 7 (35%). At the presentation to our hospital 11 (55%) had visual acuities of 6/18 or worse in the affected eye. The overall visual outcome of the patients as at the last hospital visit shows 50% attained a VA of 6/12 or better, and 50% had VA of 6/60 or worse. Conclusion: Horsewhip ocular trauma is an important cause of ocular morbidity, and the importance of ocular health education as a form of preventive measure is underscored.

IMPRISONMENT FOR IUU FISHING IN INDONESIA’S EXCLUSIVE ECONOMIC ZONE: WHY IT SHOULD NOT BE IMPOSED

Article 73(3) of LOSC emphasizes that “Coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.” Article 93 of the Indonesian Fisheries Act Nomor 31 2004 as revised by the Act Nomor 45 2009, however, imposes imprisonment for IUU fishing committed in the Indonesian EEZ. It can be seen that there is a clear contradiction in provisions between Article 93 of the Act Nomor 31 2004 and Article 73(3) of the LOSC. On the other side, Indonesia is a state party of this convention and has ratified the convention. Thus, Indonesia should comply with the provisions in the LOSC. The question is has Indonesia exercised its sovereignty over the EEZ? This paper argues that the implementation of imprisonment in Indonesian EEZ contradicts both Indonesian laws and international law of the sea. Key words: imprisonment, EEZ, sovereignty and sovereign rights