ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, September 10, 1996 TAG: 9609100050
SECTION: NATIONAL/INTERNATIONAL PAGE: A-1 EDITION: METRO
DATELINE: LONDON
SOURCE: Associated Press
A 12-year-old boy who was caned by his stepfather captured headlines Monday by challenging British laws that allow ``reasonable'' physical punishment of children.
The boy's case before the European Court of Human Rights in Strasbourg, France, which the court agreed Monday to hear, ignited immediate controversy in Britain.
It pitted advocates for children's rights, who called the court's acceptance of the case a victory, against groups who feared the court was meddling in Britain's domestic affairs - and the domestic affairs of Britons.
``How One 12-Year-Old Boy Could End Every Parent's Right to Smack,'' read the headline in The Independent newspaper on Monday.
The boy's mother defended her husband's actions, saying that smacking her son was the only way to keep him in line. The boy is ``totally out of control'' and has ``run riot'' since the age of 2, she told the British news agency Press Association.
``I think half of the problems with today's youngsters is they are not properly disciplined. They know they can get away with things,'' she said. Because the case involves a juvenile, her name and the name of her son were not disclosed.
A decision by the European Court of Human Rights would be binding, and a finding in favor of the boy could force Britain to change its laws about punishing children. The court was set up in 1950 by the Council of Europe to hear civil rights complaints by citizens of the council's member nations.
Because of a complicated legal process, it could be more than a year before a final judgment is reached.
The case stems from an incident three years ago in which the boy's stepfather beat him with a cane after the boy tried to stab another child with a kitchen knife.
A British court acquitted the man of assault charges, saying the punishment appeared to be moderate ``in the manner, the instrument and the quantity of it.'' But the boy, backed by his birth father, lodged a complaint against the government with the human rights court.
In Monday's hearing, the boy's attorneys contended that Britain had failed to enforce its obligation under the 1950 European Human Rights Convention to protect citizens from ``inhuman or degrading treatment.''
Government lawyers defended national laws designed to let parents raise their children as they see fit, as long as punishments do not exceed ``reasonable chastisement.'' They noted that a British jury had found the beating within that limit.
Britain has banned corporal punishment in schools but continues to allow it at home as long as it is within certain guidelines. Some European countries ban all forms of corporal punishment.
In the United States, the laws differ from state to state. In Illinois, for instance, it would be considered abusive to rap a child on the knuckles with a fork, while in Florida it would not be abusive if the bruises dissipated within three days.
British Prime Minister John Major defended his nation's policy, saying children should be raised in ways that are ``appropriate and personal to them.''
Children's rights advocates welcomed the court action.
``This is a landmark decision for children, the first step towards confirming that children have the same rights as adults to protection from violence,'' said Peter Newell, coordinator for the British group End Physical Punishment of Children.
But more traditionalist groups were disappointed.
``We defend families' right to discipline their children the way they feel is best,'' said Cornelia Oddie, spokeswoman for Family and Youth Concern. ``Any attempt to prevent parents from smacking their children would be legalizing state interference.''
LENGTH: Medium: 75 linesby CNB