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The U.N. Convention On The Rights Of The Child And Corporal Punishment

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Chapter Summary

This chapter presents the U.N. Convention on the Rights of the Child and Corporal Punishment. The Committee on the Rights of the Child has interpreted Article 19(1) as encompassing corporal punishment. Corporal punishment of children presents serious questions of efficacy and morality that deserve honest and thorough attention. These questions, however, do not present an obstacle to U.S. ratification of the Convention on the Rights of the Child (CRC). The United States' careful handling of U.N. International Covenant on Civil and Political Rights (ICCPR or Covenant) Article 7, in accordance with principles of American federalism and national sovereignty, provides an ethically and morally sound precedent for dealing with the uncertainties engendered by the corporal punishment debate and the continued use of the practice by American parents as a disciplinary measure. Opposition to U.S. ratification of the CRC on the basis of corporal punishment therefore is unfounded.

Keywords: American federalism; corporal punishment; ICCPR; national sovereignty

10.1163/ej.9781571053633.i-376.76
/content/books/10.1163/ej.9781571053633.i-376.76
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