The reasonable chastisement defense violates equal protection for children

Evidence

“The ‘reasonableness’ doctrine in domestic law permits certain adults to use physical force against children with impunity. The Committee recognizes that, historically, this doctrine provided some protection to children by limiting the severity of permitted punishment. But it is fundamentally incompatible with the Convention because it creates a class of human beings — children — who may lawfully be subjected to physical violence that would constitute assault if directed at adults. The equal protection of the law, which Article 2 of the Convention requires states to ensure without discrimination, demands that children receive at least the same protection from physical violence that adults receive. The ‘reasonableness’ limitation on parental physical force toward children cannot survive this requirement.” — , The Rod and the Child, 7597

Categorization

  • DEFINE: Clarifies how equal-protection logic, not just anti-violence norms, dismantles the chastisement defense.
  • XREF: connects to: Childism extends child-liberation ethics into mainstream philosophy — , The Rod and the Child: A Global History…, 3398; The unequal protection of children from assault is itself the discrimination. — , The Rod and the Child: A Global History…, 9298; The Constitution protects prisoners more than schoolchildren from beatings. — , The Rod and the Child: A Global History…, 9428 (+1 more)

Broader Connections