Human rights law and the protection of children: Corporal punishment in perspective

Abstract

Although Australia does not have a federally enacted Bill of Rights, Victoria, the Australian Capital Territory and Queensland have all adopted legislation to protect the human rights of their residents. However, despite this seemingly protective measure, corporal punishment in the home remains lawful under statute or common law in all three jurisdictions. This article examines the efficacy of these rights acts in protecting children from harmful and outdated forms of physical punishment administered by their parents and carers in contravention of articles 19(1) and 37(a) of the Convention on the Rights of the Child.