Children are the most vulnerable members of our society, right? And they deserve to be protected from all forms of violence, right? Well, in 1979, Sweden became the world's first country to ban all corporal punishment of children, including by their parents. Since then, 67 more countries, including Argentina, Brazil, Denmark, Germany, Ireland, Israel, Japan, New Zealand, South Africa and Spain, as well as Scotland and Wales within the United Kingdom (see full list at the bottom) have followed suit. However, all 50 U.S. states continue to allow this most common form of violence against children. Children should never have to endure violent punishment. State laws already provide adults complete protection from hitting, and children are no less deserving of that protection. The 14th amendment requires states to provide their citizens with equal protection under the law. So since all states provide adults  complete protection from hitting, they must provide children that protection as well. Yet to this day not a single one does. Adults who commit very serious violent crimes, such as murder, rape and child molestation, are legally protected from corporal punishment. So why aren't children? A 50-year old who takes a police officer's life can't be spanked, while a 5-year old who takes a cookie from the jar without permission can. A 50-year old who commits perjury and gets someone sent to prison or even executed for a crime they didn't commit can't be popped in the mouth or have hot sauce or soap put in their mouth, while a 5-year old who cusses is fair game.

On top of its legality in the home in all states, although 143 other countries ban corporal punishment in public schools, it's still legal in public schools in 17 U.S. states. The U.S. is the only western country to still practice corporal punishment in public schools. It's also legal in private schools in all states except Illinois, Iowa, Maryland,  New Jersey and New York. Thankfully, though, it's more rare in private schools than public schools. In 2017, a bill was introduced in Congress to federally ban corporal punishment in public schools. It's not enough for corporal punishment to be banned in public schools, nor is it enough for it to be banned in both public AND private schools. It needs to be banned in ALL settings, including the home.  Opponents of school corporal punishment say schools shouldn't be places where children should have to fear violent punishment. So why should they have to fear violent punishment in their own homes?

Corporal punishment can have harmful effects on a child's mental health. It's traumatic, can reduce the amount of grey matter in the brain and can lead to depression, anxiety, antisocial behavior, increased aggression, domestic violence later in life, alcohol and drug dependency, and even suicide. Numerous studies done on corporal punishment over the past half century show that the rod must be spared. A 2018 study of 88 countries found that countries that ban  corporal punishment have less youth violence. In 2018, the American Academy of Pediatrics strengthened its call for a spanking ban. It's now 6 years later and still no state has heeded the call.

The United Nations Convention on the Rights of the Child requires signing parties to prohibit all corporal punishment of children.

Corporal punishment should not only be illegal, it should be treated as child abuse. Some countries that ban corporal punishment treat it as a separate, less serious crime than child abuse. As I stated above, children are the most vulnerable members of our society. Therefore, the legal consequences of hitting a child should be no less severe than the legal consequences for hitting an adult.

I want Congress to pass a law requiring states to prohibit corporal punishment of children in all settings, as well as treat it exactly the same as non-disciplinary child abuse (same penalties, CPS must be able to get involved, same statute of limitations, etc.), or else lose 10% of federal block grant funds for criminal justice under the Edward Byrne Memorial Justice Assistance Grant Program. It can be called the National Nonviolent Childhoods Act (NNVCA). Title 42 of the United States code deals with public health and welfare, so that title would be perfect for a law like this. I know the constitution doesn't protect corporal punishment, and that the 10th amendment states that any rights not enumerated in the constitution are a matter of the states, but as I stated above, the 14th amendment requires states to provide their citizens with equal protection under the law. And since all states provide adults complete protection from hitting, it therefore requires them to provide children with that protection as well.

In addition, 34 U.S.C. 20341(c)(8) needs to be repealed. 34 U.S.C. 20341 deals with child abuse reporting. Subsection (c) contains the definitions in that section. Paragraph (8) of that section states "The term "child abuse" shall not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty."

Here is my take on what the law should look like.

AN ACT TO ENCOURAGE A UNIFORM PROHIBITION OF ALL CORPORAL PUNISHMENT OF CHILDREN TO PROTECT THEM FROM ITS POTENTIAL NEGATIVE EFFECTS ON THEIR MENTAL HEALTH, ENSURE THEIR  EQUAL PROTECTION UNDER THE LAW, WITH WHICH STATES ARE REQUIRED TO PROVIDE ALL OF THEIR CITIZENS UNDER THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION, AND ENTITLE THEM TO A NONVIOLENT UPBRINGING.

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED.

(a) In general

Each state is hereby required to prohibit any person responsible for a child's welfare from inflicting corporal punishment upon such child. In addition, such corporal punishment shall be no less equal under the law of such state to non-disciplinary child abuse. Including, but not limited to, in terms of the potential penalties for such abuse, the statute of limitations for the reporting of such abuse , the list of designated mandated reporters of such abuse, the potential penalties for failure to report such abuse, and the ability of the child protection agency of such state to take the same appropriate action to protect any child whose parent or legal guardian is alleged to have inflicted, or allowed to be inflicted, corporal punishment upon such child, as it would be permitted to take to protect any child whose parent or guardian is alleged to have abused, or allowed to be abused, such child for non-disciplinary purposes, including the removal of such child from the custody of his or her parent or guardian.

(b) Compliance

(1) Compliance date

Each state shall have not longer than september 30, 0000 in which to comply with  this section.

(2) Noncompliance

(A) A state that fails to comply with this section shall not receive ten percent of the funds that would otherwise be allocated to such state under section 3756 of this title.

(B) Any funds that are not allocated for failure to comply with this section shall be reallocated to states that comply with this section.

(c) Definitions

For the purposes of this section:

(1) The term "state" includes a state of the United States, the District of Columbia, and any commonwealth, possession or territory of the United States;

(2) The term "person responsible for a child's welfare" includes:

(A) The child's parent or legal guardian;

(B) An employee of a home or institution; or

(C) Any other person responsible for the child's welfare;

(3) The term "corporal punishment" means the willful infliction of physical pain or discomfort, however slight, which is used as a means of discipline. Including, but not limited to:

(A) Slapping or spanking;

(B) Paddling, switching or whipping;

(C) Striking by throwing of an object, such as a piece of footwear;

(D) Hair pulling or limb twisting;

(E) Shaking;

(F) Forced maintenance of physically painful or uncomfortable positions, such as kneeling or holding the hands above the head; or

(G) Forced ingestion, such as putting soap or hot sauce in the mouth;

(4) The term "child" means a person who has not attained the age of eighteen years; and

(5) The term "corporal punishment" shall not include:

(A) The use of reasonable and necessary force for the purpose of self-defense or defense of another person;

(B) The use of reasonable and necessary force for the purpose of protection of property;

(C) The use of reasonable and necessary force to remove a weapon or other dangerous object from a child's control;

(D) The use of reasonable and necessary force to protect a child's safety, such as  preventing him or her from inflicting harm upon himself or herself; or

(E) The use of incidental, minor or reasonable physical contact designed to maintain order and control.

What I want is simple. I want the legal safeguards to the integrity and sanctity of children's bodies to be no less equal to those afforded to the integrity and sanctity of mine. It's the 2020's and it's high time the United States, a country that centers itself around human rights, join the many other countries that have recognized children's basic human right to grow free from violence. Please sign and share this petition. Together, we can make America a less scary place to be a child. Thank you.

#banspankingorlosecjfunds

Full list of countries with complete PROHIBITION in chronological order:

Sweden (1979), Finland (1983), Norway (1987), Austria (1989), Cypress (1994), Denmark (1997), Latvia (1998), Croatia (1999), Germany (2000), Bulgaria (2000), Turkmenistan (2002), Iceland (2003), Ukrain (2004), Romania (2004), Hungary (2005), Greece (2006), Netherlands (2007), New Zealand (2007), Portugal (2007), Uruguay (2007), Venezuela (2007), Spain (2007), Togo (2007), Costa Rica (2008, Moldova (2008), Luxembourg (2008), Liechtenstein (2008), Tunisia (2010), Kenya (2010), Republic of the Congo (2010), Albania (2010), South Sudan (2011), North Macedonia (2013) Cabo Verde (2013), Honduras (2013), Malta (2014), Brazil (2014), Bolivia (2014), Argentina (2014), San Marino (2014), Nicaragua (2014), Estonia (2014), Andorra (2014)(8 in 2014 alone!), Benin (2015), Ireland (2015), Peru (2015), Mongolia (2016), Montenegro (2016), Paraguay (2016), Slovenia (2016), Lithuania (2017), Nepal (2018), Kosovo (2019), France (2019), South Africa (2019), Japan (2020), Georgia (2020), Scotland (UK)(2020), Seychelles (2020), Guinea (2021), Colombia (2021), South Korea (2021), Wales (UK)(2022), Zambia (2022), Mauritius (2022), Laos (2023), Tajikistan (2024), and Thailand (2025).