'Three years on': An analysis of the delegalization of physical punishment of children by the Israeli courts

'Three years on': An analysis of the delegalization of physical punishment of children by the... 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

'Three years on': An analysis of the delegalization of physical punishment of children by the Israeli courts

The International Journal of Children's Rights, Volume 11 (2): 235 – Jan 1, 2003

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Publisher
Brill
Copyright
© 2003 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/092755603322397287
Publisher site
See Article on Publisher Site

Abstract

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

Journal

The International Journal of Children's RightsBrill

Published: Jan 1, 2003

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