PREAMBLE



Whereas, corporal punishments violate a child's conventional, constitutional, and human rights to physical, emotional, sexual, and mental dignity and integrity, and denies children ownership over their own bodies and physical, emotional, sexual and mental well-being



Whereas, children are citizens of this country and state, and are entitled to equal protection from assaults, domestic violence, cruel and unusual punishments, and a "climate of fear" that the presence of corporal punishments provokes,



Whereas, the effects of corporal punishments impacts social services, public welfare, the judicial system, education, the health industry, wealth distribution, employment forces, and costs of outstanding monetary value exceeding millions of U.S. dollars in repair and relief,



Whereas, children are the future of our nation most deserving of the best we have to offer,



Whereas, children, and any appendage of children are not the property of their guardians and educators and the laws should reflect and protect this sacred truth,

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Whereas, children require an understanding community, and as much love, nurture, safety, and prosperity for their healthiest development, and to promote their utmost health and potential,



Now, Therefore



I offer the PROTECTION OF THE HUMAN RIGHTS OF CHILDREN ACT



Article 1

This act may also be known as the CHILDREN ARE NOT PROPERTY ACT



Article 2

The use of "child", "minor" and "children" in this bill refer to a person or persons under the supervision and representation of a parent, teacher, or other legal guardian, or younger than 18 years of age.  This includes any child born and naturalized in this nation and resident of this state.  This includes any child of alien nationality residing legally or otherwise in this state.



Article 3

This act prohibits all forms of corporal punishment mentioned in Article 5 and presents the application of injunctions and reliefs granted in Article 6 against any teacher, parent, or legal guardian of a minor and does not exclude other persons from administering corporal punishment on a child.



Article 4

This act prohibits any parent, teacher, or legal guardian from deputizing any person from acting on behalf of the child to administer corporal punishments included in Article 5.  Injunctions and relief in Article 6 will be imposed upon this deputy.



Article 5

All children residing in this state, whether they are legal citizens or alien nationality, shall be protected from any harmful, degrading, demeaning, belittling, harassing, hostile, dehumanizing, humiliating, neglectful, inhuman, and cruel and unusual punishment



           Sub-Section A:  Any forceful act upon a child whether with a hand or weapon or projectile 

           to inflict pain or discomfort or apprehend the physical well-being or perceived physical

           well-being shall not be legal.



           Sub-Section B:  Forcing or deceiving a child to kneel on a dangerous, painful or uncomfortable  

           substance or exposing them to contact with dangerous, painful or uncomfortable substances in

           response to a transgression shall not be legal.



           Sub-Section C:  Forcing or deceiving a child into ingesting painful or uncomfortable substances

           including but not limited to soap or hot sauce in response to a transgression shall not be legal.  

           This does not include circumstances where it is not deemed unlawful to medicate a child, so

           long as it is not perpetrated against a child in response to a transgression.



           Sub-Section D:  Forcing or deceiving a child into exposure to extreme high or low temperatures

           in response to a transgression shall not be legal.



           Sub-Section E:  Forcing or deceiving a child into standing in an uncomfortable or painful 

           position in response to a transgression shall not be legal.

   

           Sub-Section F:  Forcing or deceiving a child into carrying heavy and/or potentially dangerous

           objects in response to a transgression shall not be legal.  This includes but is not limited to

           holding cinder and concrete blocks above their head.



           Sub-Section G:  Forcing or deceiving a child into an activity or exercise that may cause pain or

           discomfort such as intensive exercise and hard labor in response to transgressions shall not be

           legal.  Household chores, community services, and natural retributions for acts of misconduct

           which apprehended property or maintenance shall not be deemed unlawful so long as there is    

           no apparent risk to the physical, mental, emotional and sexual well-being of a child.



           Sub-Section H:  Public or humiliating punishments including but not limited to nudity, signs, or

           other public displays of transgressions, and other humiliating retaliations in response to

           transgressions shall not be legal.



           Sub-Section I:  Denial of a basic necessity including but not limited to food, water, shelter,

           hygiene and clothing in response to a transgression shall not be legal.



           Sub-Section J:  Forcing a child to inhale hazardous or dangerous materials in response to a

           transgression shall not be legal.



           Sub-Section K:  Verbal threats and hostility in response to transgressions and threats of any of

           the above listed shall not be legal if there is an apparent apprehension to the well-being of the

           child and genuine notion that any act listed above or one of threat to the well-being of the child

           will be followed through, shall not be legal.



           Sub-Section L:  Isolation such as time-outs and other removal from activity or supervision shall

           not be deemed unlawful so long as they are used sparingly and reasonably in accordance with

           the age and condition of the child.

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Article 6

Punishments enforced to replace education of a child, to correct an act as a result of the parents negligence, or to correct a child's lack of understanding are prohibited.  Punishments can not replace a parents legal responsibilities or supervision.



Article 7

It is the paramount duty of the state to offer education for the citizenry.  This includes



           Sub-Section A:  Behavior modification and/or child psychology and/or early childhood

           development electives, and/or workshops, and/or Running Start option in high schools.



           Sub-Section B:  Primary school education on the ban of corporal punishments, an

           understanding of the prevalent forms of corporal punishment, and the inclusion that parents,

           guardians, relatives, and educators are not allowed to engage children in these punishments  

           or touch their private parts, including the buttocks, unless preserving physical integrity,

           including deputized and non-deputized individuals.



           Sub-Section C:  Offer resources and education, or redirection to resources and education, for

           early childhood development and behavior modification.



Article 8

It is the paramount duty of the state to offer relief and resources for children whose parents do not comply with law and enforce the law.



           Sub-Section A:  Compensating or punitive fines, mandatory parenting classes, and/or  

           community services may be imposed.



           Sub-Section B:  Charges, a child's removal from the home, and/or greater punitive measures

           may be imposed upon repeat offenders and more serious offenses.



           Sub-Section C:  Additional relief for a child and additional punitive measures and charges may

           be exercised for greater traumas and damages inflicted, including but not limited to, post

           traumatic stress, accidental serious injury, and sexual arousal.



           Sub-Section D:  Temporary and permanent removal from the home may be necessary.  It is the

           paramount duty of the state to keep the child with his or her family unless necessary to remove

           them, or as a last resort.  Law enforcement and Social Services will determine the best route of 

           action after investigating the environment and conduct.



           Sub-Section E:  In school and out of school counseling may be exercised for the well-being of

           the child.



Article 9

This bill and effective ban will be placed into effect within 30 days following its ratification.

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