The normative nature of corporal punishment in Australia

Abstract

Corporal punishment (CP) is the most common and socially normative form of violence perpetrated against children and is legal in the home and some other settings in Australia. CP was made a common practice through its introduction by European settlers and Christian missionaries during colonisation. Furthermore, the defence of reasonable chastisement became part of the Australian common law in 1860 and is still used in some jurisdictions. Other jurisdictions have enacted criminal laws that have entrenched the defence in legislation. This article gives a brief historical overview of the origin of CP in the English common law, the defence of reasonable chastisement and how these concepts came to be entrenched in Australian law and culture. Moreover, this contribution examines the recognition of children's rights in international law and the significant global impact this has had in elevating the status of children. Then, this article analyses the current legal framework and the permissiveness of CP in Australian states and territories. Consequently, it is argued that states and territories ought to repeal legislation that permits CP, and all jurisdictions should insert a positive statement into civil laws that CP is no longer acceptable as a disciplinary measure.