2000.02 PROTECTING CHILDREN FROM PHYSICAL VIOLENCE – SECTION 43 OF THE CRIMINAL CODE
Whereas:
the NCWC 1999 policy supports the U.N. Convention on the Rights of the Child in Canada recognizing that children are vulnerable and in special need of protection; and
Whereas:
the United Nations Committee on the Rights of the Child has criticized the Canadian Government for permitting the use of force on children, which is contrary to Article #19 of the U.N. Convention on the Rights of the Child; and
Whereas:
violence in any aspect of a child’s life is harmful to his/her emotional and social development; and
Whereas:
incidents of child physical abuse may be the result of physical punishment that escalated to injurious levels; and
Whereas:
children are the only members of Canadian society who can legally be assaulted for reasons unrelated to self-defense or the physical protection of others; and
Whereas:
other countries such as Sweden, have effectively reduced the rate of violence against children, and the number of child deaths by parents, by banning corporal punishment; and
Whereas:
there are legal protections against frivolous use of the law to unduly prosecute caregivers for use of physical restraint where essential i.e. for the protection of the child; therefore, be it
RESOLVED:
that the National Council of Women of Canada urge the Government of Canada to repeal Section 43 of the Criminal Code; and further be it
RESOLVED:
that the National Council of Women of Canada urge the Government of Canada to amend the Criminal Code and the Department of Health Act (Security of the Child) to give children the same rights to personal security and protection from abuse and assault which society extends to other citizens in keeping with the Canadian Charter of Rights and Freedoms and the United Nations Convention on the Rights of the Child, and further be it
RESOLVED:
that the National Council of Women of Canada urge the Government of Canada to launch educational campaigns with a view to changing attitudes in society on the use of physical punishment and fostering the acceptance of its legal prohibition; and further be it
RESOLVED:
that the National Council of Women of Canada request its Provincial Councils of Women and Local Councils of Women (where applicable) to urge their Provincial Governments to provide leadership and support for preventative programs, public education and advocacy regarding constructive and effective forms of child-rearing including conflict resolution and discussion on the harmful effects of abuse and assault.