Whose Rights? Children, Parents and Discipline

Alternative Law Journal, Vol. 34, No. 2, p. 80, 2009

Monash University Faculty of Law Legal Studies Research Paper No. 2009/37

7 Pages Posted: 18 May 2010

See all articles by Bronwyn Naylor

Bronwyn Naylor

RMIT University - Graduate School of Business and Law; Monash University - Faculty of Law

Bernadette J. Saunders

Monash University

Date Written: 2009

Abstract

This article outlines the current state of the law on the physical discipline of children and argues the case for legal change in Australia. It also identifies the politics of the ongoing debate and its potent symbolism - claims that physical parental punishment amounts to child abuse and state-sanctioned violence, pitted against claims that parental rights and the privacy of the home will be violated by state regulation of physical punishment.

Keywords: Physical discipine, child abuse, criminal law, parental punishment

JEL Classification: K00, K1, K14, K19, K4, K42, K49

Suggested Citation

Naylor, Bronwyn and Saunders, Bernadette Josephine, Whose Rights? Children, Parents and Discipline (2009). Alternative Law Journal, Vol. 34, No. 2, p. 80, 2009, Monash University Faculty of Law Legal Studies Research Paper No. 2009/37, Available at SSRN: https://ssrn.com/abstract=1609465

Bronwyn Naylor (Contact Author)

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia
+61 3 9925 1297 (Phone)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Bernadette Josephine Saunders

Monash University ( email )

Victoria 3800
Australia

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