| CHILD ABUSE |
| In all societies there are limits on the ways how adults can treat children. Thus child abuse and neglect, are rooted in the unique social structure and norms held in any society at a given point in time. Due to this unique social structure and norms held by societies; they see child abuse in different views. In addition they have their own values and customs of rearing children. In rural India corporal punishment is widely accepted by mean of correction towards children (Korbin, 1981:73). In addition corporal punishment is justified and widely used government schools in Sri Lanka. On the other Sweden is more concerned about corporal punishment against children and adopted a policy making child spanking illegal (Martin & Kadushin, 1981:27). Even in the United States, in some cases it is found that hitting a child with an object is legally permissible as long as there are no serious injuries to the child (Tijerino, 2000:29 - 30). |
| Even in the same culture at different times the view on child abuse can vary in a considerable degree. Before seventeenth century in Europe child has no inherent rights (Korbin, 1981:98). In those days children were thought to obey elders. And deviation from expected behaviour in school or at work could result in sever physical punishment (Korbin, 1981:97) still it was not viewed as child abuse. On the other hand according to Wilson and James (2002), today in England children?s rights have been identified and protected under Children Act 1989. |
| As a result of divergent social cultural context, there is no universal definition for child abuse and neglect. In addition the same parental action might be abuse for infant and not for adolescent (Kadushin & Martin, 1981:26). In 1998 when Canadian Incidence Study (CIS) on child abuse found that child abuse has been defined differently across provinces and among Aboriginal people. Despite cultural differences Bannon and Carter (2003) define, ?an abused child is one who is the victim of physical violence, mental cruelty, sexual abuse or severe negligence having serious consequences for his/her physical and psychological development?. In Canadian context; the Department of Justice has defined child abuse as ?the violence, mistreatment or neglect that a child or adolescent may experience while in the care of someone they either trust or depend on, such as a parent, sibling, other relative, caregiver or guardian?. |
| According to Canadian Incidence Study of Reported Child Abuse and Neglect can be further divided in to four main sub categories. They are physical abuse, sexual abuse, emotional abuse/maltreatment and neglect. Physical abuse is the deliberate application of force to any part of child?s body, which results or may result in non ? accidental injury (Trome & Wolf, 2001:9). Sexual abuse includes fondling child?s genitals, intercourse, rape and even using children in pornography and prostitution. Emotional maltreatment is where harming child?s sense of self, and involves acts or omission by the parents or caregiver. Finally child neglect occurs when a child?s parents or caregivers are not providing the requisites of a child?s emotional, psychological, and physical development (Trome & Wolf, 2001:11). |
| Research data which has been carried out in England during the past thirty years has placed child abuse and neglect within the most health conditions affecting children (Bannon & Carter, 2003:117). In addition child abuse may affect every aspect of a child?s life such as psychological, behavioural, spiritual, sexual and interpersonal. The effects of the abuse might appear right away or the victim might experience the consequences in adolescence or adulthood. Besides these consequences may be short term or long term. It has been identified that childhood trauma is likely to affect the child immediately during and after the abuse, and this can cause post traumatic stress resulting in both physical and emotional effects, and contributing to cognitive distortions of all kinds (Wilson & James, 2002:92). |
| Extreme repetitive nightmares, anxiety, sudden phobias such as fear of darkness and water are some of the common consequences of child psychological abuse. In addition post traumatic stress disorders and major depression can occur in the adulthood as a result of psychological abuse in childhood (Allen, Simson, et al, 1998). Besides psychological consequences there are physical consequences such as serious sleeping disorders, weight problems and poor overall health conditions. In addition children who were physically abused may suffer permanent neurological damage, which would affect their future development (Allen, Simson, et al, 1998). Sexually abused children may develop anxiety aggressive behaviours, and even inappropriate sexual behaviours. In fact abused children perform poorly in school. Those children tend to get lower grades and perform below average. In aN abusive parental environment children do not receive the attention and support needed for their school work. Why abused children perform poorly in schools might be partly due to abusive and violent environment at home. |
| It has been noted that child abuse has a multigenerational pattern. The parents of abused children may them selves have been abused and neglected in childhood (Bourne & Newberger, 1979:82-83). In addition a study of abusive parents has found; both highly punitive and highly permissive parents tend to have children who are highly aggressive (Waterhouse, 1993:74). Criminal activities and deviant behaviour are closely related to child abuse. In another study it has been found that most violent criminals have been abused in childhood (Bourne & Newberger, 1979:83). As a result of above mentioned devastating consequences for the victim and to the society, it is worth studying child abuse. |
| There have been various perspectives and explanations why people abuse children. One of the explanations is done through social disorganization and anomie theory. ?A major assumption of anomie as an explanation of crime is that large numbers of people who find themselves at a disadvantage relative to legitimate economic activities are seen as being motivated to engage in illegitimate, activities? (Shoemaker, 2000:91-92). As a result of the unavailability of the employment and stress they turn to criminality or engage in deviant behaviour (Shoemaker, 2000:92). Bourne and Newberger (1979) argue that the poor are more frequently labeled abusers because being poor in an affluent society might well cause which is dispatched on to children. More over low level of parental educational achievement, and acceptance of severe physical punishment as a childhood socializing technique, are associated with social marginality and poverty (Bourne and Newberger, 1979:147). However Robert Metron?s strain theory is closely linked with theory of anomie. The strain theory says that lower class experience strain between goals and chooses illegitimate means (Deutschmann, 2000:247). In view of this we can safely conclude that poor people stressed out and they are more likely to engage in child abusive behaviours. |
| As it is hard to come up with a universal definition for child abuse, it is often hard to draw the line where the behaviour is deviant or criminal. Three years ago in February a 1 year old girl called Toddler was found out side the home in minus 20c in north East of Edmonton (Toronto Star, Feb 25, 2001). By the time she was found she was laterally fronzen and was not breathing. The paramedic had difficulty getting a breathing tube into the child's throat because her mouth was frozen shut. Miraculously she recovered later on. Ironically the Police, dispatched child abuse investigators to the scene, said no criminal charges would be laid (Toronto Star, Feb 25, 2001). But I think this was clearly deviant behaviour because Toddler?s mother was failed to provide the child with attention and the protection she needed. In Canada parents are allowed to spank children under certain circumstances where as it is illegal in Sweden. Where as in rural India spanking children as a mean of correction is a valued custom. In view of this child abuse can be both deviant and criminal in the case of Sweden. And it could be neither deviant nor criminal in the case of rural India, or it could be deviant but not criminal in the case of Toddler. |
| According to CIS report there were 135,573 child abuse investigations in Canada in 1998. This was about at a rate of 22 cases for every 1000 children in Canada (Trome & Wolf, 2001:11). The neglect was the primary reason for investigation in 40% of the cases and 31% of the investigations were involved with physical abuse. On the other hand 19% of the investigations involved with emotional abuse and the rest was involved with sexual abuse(Trome & Wolf, 2001:12). More over CIS report found that girls and boys were abused evenly. However it also found that girls are more likely to be abused sexually than boys(Trome & Wolf, 2001:24). Besides these it has been found that children small for their age are more likely to be abuse and children with deviant congenital characteristics are more likely to be abused than are children without such defects (Bourne & Newberger, 1979:182). However these findings do not reflect the true picture because most of the child abuse cases may remain hidden. For example if a child was sexually abuse he/she may not tell anyone about it because they might be ashamed or they might believe that it was their fault. |
| In Canada the Criminal Code protects children from abusers. However sec 43 of the criminal code allow parent and teaches to use force towards children by mean of correction. Recently there was an issue regarding whether parents and teaches should be allowed to spank children. However in January, 2004 by a 6-3 margin, the court upheld the Criminal Code defence -- known widely as the "spanking law" -- that allows parents and teachers to use "reasonable" force "by way of correction (Star Phoenix, Jan 31, 2004). But there has been some restrictions added to this decision. Furthermore the court announced that corporal punishment under 2 year olds and teenagers are banned. In addition parents are not allowed to use any objects while disciplining their kids. Besides this there has been some amendments made to Canada Evidence act, where it would help to report child abuse and prevent it easily. |
| The media has been quite responsive to the issues of child abuse. It is noted that cases of child abuse has been reported in media across Canada and around the world. Famous star Michael Jackson was charged with multiple acts of child molestation (The Ottawa Citizen, Nov 20, 2003). In March 2002, a jury found Olga Jaramillo, 27, guilty of 17 criminal charges, including 10 counts of child abuse and three counts of false imprisonment (Star Phoenix, Mar 4, 2002). They found that Olga has treated her daughter badly where she was beaten with a belt slapped, pinched with a pencil and even burnt with a hot pan. Ironically she showed no emotion when she was announced guilty and told that most of the punishment was because her daughter couldn?t cook or clean properly (Star Phoenix, Mar 4, 2002). |
| Currently the proposed Bill C - 15 is attempting to protect children from sexual exploitation by criminalizing number of specific actions such as luring children on the internet, transmitting and making available child pornography on the internet. It proposes that sentencing should be strengthened and make it easier to execute people involved in child sex tourism. I would personally agree on strengthening the sentences because it would have a general deterrence effect on the punishment. According to Neo ? Classical theorist general deterrence will have an effect on how other people behave and they will not commit the crime what others have done (Deutschmann, 2002:119). Mean time the punishment should be swift so the results will be more accurate. Tijerino (2000) argues that Sec 43 of the criminal code violates sections 7 and 15 by explicitly allowing parents and children to use corporal punishment as a mean of correction. Sec 43 of the Criminal Code violates children's right to life, liberty and security (Tijerino, 2000:59 : 64). More over it discriminates children based on their age. Even though there have been some restrictions added to the criminal code by resent court decisions it should be further amended to protect children?s rights. |
| Another way where child abuse cases can be minimized is through educational programs. Teaches in primary schools play a major role in shaping children beside parents. By educating teaches about the child abuse and how can they identify abused children would have a negative impact on child abuse. Children?s body language, language, play, drawing and writing, and mood changes are good indicators of child abuse (Wilson & James, 2002:327 -329). If teaches are aware of these indicators then the abuse can be detected in early stages and necessary actions can be implemented without having deep consequences to the child. In addition educating children about their rights and teaching them skills to identify abuse, if they are victimized ask for help might decrease the child abuse cases. |
| Most Canadians favour the resent court decision allowing parents and teachers to use corporal punishment towards children by mean of correction. A poll conducted in Sudbury, Ontario; a total of 970 respondents, or 85.1 per cent thought parents should have the right to spank their children, while only 170 respondents, or 14.9 per cent, believed the practice should be banned outright (Sudbury Star, Feb 9, 2004). Some parents said that they should have the right to spank their own children otherwise they will be criminals later in their lives. The media has been quite responsive to issues of child abuse. But as noted earlier most of the child abuse remain hidden; the media should be more responsive. They should publish new laws and regulations regarding the child abuse. In that way every body will be educated about the current regulations and consequences of child abuse, hence will decrease the child abuse cases. |
| CONCLUSION |
| Simply stated child abuse is the violence, mistreatment or neglect that a child or adolescent may experience while in the care of someone they either trust or depend on. It is important to study child abuse because it has devastating consequences to the victim and to the whole society. Matter of fact it affects the wellbeing of the society. There are various number of legislations protecting children in Canada. The Criminal Code and the Evidence act are some of them. In addition there have been some mandatory reporting laws established. |
| Some of the potential legal reforms would include proposed Bill C ? 15 which is attempting to protect luring children on the internet and child pornography. It also suggests that the sentencing should be strengthened. Moreover amendments to the Criminal Code which will ensure children?s rights is also worth noting. Besides legal reforms there are potential educational reforms such as educating teachers and children about child abuse would also help to reduce child abuse cases. |
| References |
| Bannon, M. & Carter, Y. H. (2003). Protecting Children from Abuse and Neglect in Primary Care. Oxford, Great Britain: Oxford University Press. |
| Booth, B. The Ottawa Citizen. (Nov 20, 2003). Michael Jackson faces child abuse charges: Police allege multiple offences against children:[Final Edition]. Ottawa, Ontario. Retrieved from: http://gateway.proquest.com.proxy.lib.sfu.ca/openurl?url_ver=Z39.88-2004&res_dat=xri:pqd&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&genre=article&rft_dat=xri:pqd:did=000000465331711 |
| Bourne, R. & Newberger, E. H. (1979). Critical Perspective on Child Abuse. Massachusetts: D.C. Health and Company. |
| Deutschmann, L. (2002). Deviance and Social Control (3rd ed). Ontario: Nelson. |
| Kadushin, A. & Martin, J. A. (1981). Child Abuse: an interactional event. New York: Colombia University Press. |
| Korbin, J. E. (1981). Child Abuse and Neglect: Cross ? Cultural Perspective. Los Angeles, California: University of California Press. |
| Sudbary Star. (Feb 9, 2004). Parents should be able to spank::[Final Edition]. Sudbury, Ontario. Retrieved from: http://gateway.proquest.com.proxy.lib.sfu.ca/openurl?ctx_ver=z39.88-2003&res_id=xri:pqd&rft_val_fmt=ori:fmt:kev:mtx:journal&genre=article&rft_id= |
| Tijerino, A. (2000). Section 43 of the criminal code and the constitutionality of the corporal punishment of children: legal and policy issues. Simon Fraser University (Unpublished) |
| Toronto Star. (Feb 25, 2001). Toddlerrevived after being found frozen:[Ontario Edition].Toronto, Ontario. Retrieved from: http://gateway.proquest.com.proxy.lib.sfu.ca/openurl?url_ver=Z39.88-2004&res_dat=xri:pqd&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&genre=article&rft_dat=xri:pqd:did=000000425665161 |
| Trocme, N., Maclaurin, B., et al (2001). Canadian Incidence Study of Reported Child Abuse and Neglect: Final Report. Ottawa, Ontario: Minister of Public Works and Government Services. |
| Trocme, N. & Wolfe, D. (2001). Child Maltreatment in Canada: Canadian Incidence Study of Reported Child Abuse and Neglect: Selected Results. Ottawa, Ontario: Minister of Public Works and Government Services. |
| Shoemaker, D. J. (2000).Theories of Delinquency (4th ed.). New York: Oxford University Press. |
| Star - Phoenix. (Mar 4, 2002). Woman uses daughter as slave:[Final Edition].Saskatoon, Sasktoowan. Retrieved from: http://gateway.proquest.com.proxy.lib.sfu.ca/openurl?url_ver=Z39.88-2004&res_dat=xri:pqd&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&genre=article&rft_dat=xri:pqd:did=000000243370171 |
| Waterhouse, L. (1993). Child Abuse and Child Abusers: Protection and Prevention. Aberdeen, Great Britain: Bookcraft Ltd. |
| Wilson, K. & James A. (2002). The Child Protection Handbook (2nd ed). London, Great Britain: Harcourt Publishers Limited. |
| When? March 21st, 2004 |
| Why ? Criminology project |