Repealing Section 43 Of The Criminal Code Of Canada

Section 43 of the Criminal Code of Canada is a controversial issue, especially regarding the measures relating to its aspect of the use of reasonable force in punishing children. Individuals believe that physical discipline poses a danger to the child and violates his/her rights. Nonetheless, intending to repeal Section 43 is not so efficient in enhancing child rights since there is a possibility of undermining parental authority and culture (Durrant & Ensom, 2007). I do not think we should repeal it. Indeed, “What is truly wrong with spanking a child?” I don't think it is a criminal offence to spank your child to teach them life lessons or correct them when they've done something bad. I do think it's a criminal offence if a parent abuses their

However, it is equally important to avoid ignoring the differences in the existing parenting styles and the culture and values people associate with parenting. In formulating child welfare policies, there is a need to target helping parents to employ positive methods of correcting their children rather than the negative disciplining measures that may lead to the breakdown of family and community systems.

Section 43’s critics frequently focus on the possibility of becoming a tool for abuse for the sake of discipline. That being said, it is crucial to understand that Section 43 is accompanied by conditions to avoid the abuse of force. The Act bans any forceful action on a child, with the law only permitting reasonable physical punishment that may not harm or endanger the child's life. Therefore, the problem does not originate from establishing Section 43, but from inadequate measures to implement it and raise awareness of its

These approaches can also be used to empower the parents with knowledge and skills on how to use positive discipline properly. Supporting the programs aimed at teaching non-violent parenting skills and supplying families in need with necessary resources, the policymakers can counter the abusive attitudes’ roots while respecting the parents’ rights and cultural characteristics.

Comparisons across different countries also provide good practices on how to limit the application of discipline through the law. While some countries have chosen to eliminate physical discipline, others have chosen to govern it within specific parameters, as in Section 43. These regulations are formulated to protect the child and uphold the rights of the parents (Department of Justice, 2007).

Particular attention should be paid to improving education and measures for parents, disseminating proper child management practices, and strengthening existing laws. Hence, one can assert that by being aware of factors that lead to abusive behaviours and culturally sensitive to the Canadian context, policymakers can create a balanced framework that draws attention to both the child’s best interest and the rights of