New Children's Commissioner backs proposed smacking ban

The new Children's Commissioner fully supports the Council of Europe's proposed ban on smacking children and is lobbying for every form of violence against them to be abolished from legislation and common practice.

Following in the footsteps of her predecessor, Carmen Zammit, who had echoed the call for a ban on smacking, the recently-appointed Helen D'Amato is promoting the adoption of a zero-tolerance approach.

She is urging full compliance with the UN Convention, which states that "no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment".

Given the zero tolerance of violence between adults, particularly within a family context, with protection in place through the Domestic Violence Act, she questioned why children deserved any less.

In addition to abolishing corporal punishment in legislation, however, the parents themselves must play a pivotal role in eliminating this practice, she said.

So far, 21 countries have abolished corporal punishment against children but the CoE is seeking a Europe-wide spanking ban in view of opposition in France and Britain, for example, where parents consider such measures an invasion of privacy.

Maltese legislation allows for "reasonable chastisement" in the home, possibly blurring the line between physical abuse and the mere restraining of children. The clause means Malta is in breach of the UN Convention on the Rights of the Child and the European Social Charter.

Unfortunately, Ms D'Amato said, violence as a means of discipline was deeply ingrained and accepted in Maltese culture, with many parents resorting to smacking their children as if it were the only effective way of bringing them up disciplined and respectful.

She said it was crucial that the abolishment of corporal punishment went hand in hand with campaigns on positive parenting, as Aġenzija Appoġġ was undertaking. Through such programmes, parents could be supported in their parental duties, bringing up children in a non-violent way.

"It is crucial that children are disciplined and taught responsibility and respect for others, including their parents. However, such discipline should be in the form of guidance and direction rather than violence and humiliation," Ms D'Amato said.

However, the issue is not that clear cut and some may feel that smacking a child is not abuse and banning it would be taking the issue too far.

A British lawyer, specialising in children's rights, who recently suggested Malta remove the clause of reasonable chastisement from the Criminal Code, was met with a barrage of criticism from the public, who wrote in to say they saw nothing wrong with a slap, which they themselves had experienced, and that children were getting out of control.

According to psychotherapists, who were asked whether the proposed ban was excessive, smacking was never a positive thing.

Clinical psychologist and psychotherapist Edward Curmi maintained that, while smacking should never be resorted to because, unconsciously, it could invite the children to do the same when they felt frustrated, parents were also human beings and, at times, could lose their patience.

"What is crucial is that such behaviour should not be repetitive and constant," he said. "We shouldn't verge on the ridiculous and call a little tap on the bottom violence. Although, obviously, too much of anything is never good."

Dott. Curmi said hitting children for no obvious reason was never advisable and parents had to learn how to be more intelligent when it came to controlling their emotions.

"Smacking is an exertion of control, or an expression of frustration and anger. Smacking adults is illegal, so the same should be said for children," said psychotherapist Mariella Balzan.

She added that, if smacking was banned in Malta, it should be done in line with planning to effectively inform parents of alternative ways of disciplining their children. Authority could be feared, or respected, and children needed to be taught the latter, Ms Dimech said.

"Children will not obey because they are smacked. They will either get angry, humiliated or afraid."