The International Journal of Children’s Rights 11: 235–256, 2003. © 2003 Kluwer Law International. Printed in the Netherlands. 235 ‘Three years on’: An analysis of the delegalization of physical punishment of children by the Israeli courts RHONA SCHUZ Senior Lecturer, Sha’arei Mishpat Law School, Israel and Visiting Lecturer at Bar Ilan University Faculty of Law, Israel Introduction In January 2000, the majority in the Israeli Supreme Court decision in State of Israel v. Plonit (Cr. App. 4596/98 44 P.D. 145) (hereinafter Plonit ) held that reasonable parental punishment is no longer a defence to criminal assault. In addition, the majority held that regular use of hitting as a method of discipline comes within the crime of child abuse (under 368C of the Penal Law enacted by the Penal Law (Amendment No. 26) 1989), even if no serious injury is caused thereby. The purpose of this article is to explain the background to and basis of these judicial changes in the law and to examine the reaction to and impact of the decision in Israel. 1. Background to the judicial change in the law in Plonit 1.1. The secular law In the leading case of Delael Rasi v. The
The International Journal of Children's Rights – Brill
Published: Jan 1, 2003
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