Punishment in Childrearing: a Normalization of Child Maltreatment?

Child mistreatment is commonly thought to be a condemnable problem which has to be eradicated. Nevertheless, history indicates violent and harmful treatment against children has probably always been present (Miller-Perrin & Perrin, 2012). In this regard, the United Nations Convention on the Rights of the Child (UNCRC) represents children’s recognition as human beings, problematizing harmful practices towards them and seeking legal protection of their rights (Vučković Šahović et al., 2012; Verhellen, 2015). Concerning violence, the UNCRC intends to protect children against all forms of presentation (1989, Art. 19). Yet, the CRC Committee acknowledges violent treatment of children is still alarmingly widespread (General Comment No. 13, 2011). One particularly problematic scenario where violent practices against children occur is family. The UNCRC (1989) values family as the fundamental group of society and natural environment for children. Nevertheless, the majority of violence towards children take place inside the family (General Comment No. 13, 2011). A series of concerns, thus, arise regarding violence against children in the family and the influence the UNCRC has or should have in the matter. Punishment as an upbringing tool comes to the fore as a critical issue, representing where genuinely corrective intentions may support practices that harm the child. In this regard, the main question guiding the present thesis is the following: Is a diffuse delimitation of the notion punishment in the UNCRC limiting the Convention’s reach in the protection of children against harmful practices in childrearing? Notwithstanding this thesis acknowledges violence against children inside the family is a multi-layered problem, this enquiry’s purpose is to explore the conceptual aspects underlying the occurrence of these practices. The official United Nations normative framework has a primordial role by setting the conceptual boundaries around the actions children are intended to be protected from. Thus, one may wonder about the normative strength the UNCRC provides as a guidance. To that effect, I carried out a critical revision of the Convention, by examining the articles tackling punishment and violence (mainly articles 19 and 37), and corresponding General Comments by the CRC Committee (General Comments No. 8 and 13, hereinafter: GC8 & GC13). This thesis employs an interdisciplinary study approach in order to apprehend the problem from different theoretical perspectives (Darbellay, 2015). Concerning childhood, different understandings of the construct are revised, highlighting the main 52 contributions of different theoretical fields so as to outline the current belief system towards children. The rise of children’s rights and the UNCRC main characteristics are analysed, in order to identify elements playing a role in the posited problematic. The concept of family and different understandings of its features and roles are explored, visualizing the value given to family and tension between child and parental rights as a critical issue. Lastly, the universality aim of child rights realisation in different settings is revised, emerging as critical when global standards clash with local beliefs. This thesis identifies three main issues as playing a role in the intricate margin between punishment and other violent/harmful practices against children in upbringing: (1) cultural relativism regarding upbringing practices; (2) the value of family (parental rights in relation to child rights) and (3) the best interests of the child in childrearing. These issues establish the core of a thematic analysis on UN official discourse, in order to explore the Convention’s extent in assessing what is considered adequate punishment in childrearing and its differentiation from violent/harmful practices towards children inside the family