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Article #173: Child Abuse: History, Laws and the A.S.P.C.A

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From a historical perspective, child declared members of the animal kingdom,
abuse has plagued society since the which is indeed what happened. The
beginning of time. Two rights have been A.S.P.C.A. did finally intervene.
at the core of child abuse: the right to Mary-Ellen was removed from her abusive
own property, and the right to own home and placed in foster care, where she
children. thrived. She eventually married and had 2
In ancient Rome, fathers had absolute daughters of her own, one of whom she
authority over their children. They alone named Etta as a tribute to her rescuer.
decided which of their children lived or Mary-Ellen lived to the age of 92.
died. Children born deformed, disabled, Mary-Ellen is considered the very first
or in any way outside of what was case of child abuse in North America,
considered normal, children born of the more because of the historical
'wrong' gender, namely girls when boys significance than the historical
were far more desirable, would be killed. accuracy. The time had finally come to
Fathers had the right to maim and protect children as children, which lead
brutalize their children without fear of to the creation of child abuse laws.
retribution. Harsh discipline was deemed Today in Canada, the most notable laws
necessary to mold the child into mindful, governing child abuse are:
contributing human beings. 1. Age of Majority
In England, children as young as 5 years 2. Statute of Limitations
old were shackled and forced to work 3. Duty to Report
16-hour-days in inhumane conditions of AGE OF MAJORITY: A child becomes an adult
mines and factories. Cruel overseers at either age 18 or 19, depending on the
frequently goaded these little children province of residence. A minor child is
with whips and prods. between ages 0 to 18 or 19.
Canada must also be accountable for its STATUTE OF LIMITATIONS: In Canada there
part in child abuse history. From 1870 to is no statute of limitations on reporting
1930, more than 8000 children were taken and charging someone with child abuse.
from the streets of Dublin and London, Whether the abuse occurred 5 minutes, 5
then shipped overseas to Canadian homes days, 5 years, or 50 years ago, a report
where they were beaten, demeaned and can still be made and charges can still
forced to labour on farms and in be laid. Nowhere is this more evident
factories, all in the name of 'shaping' than with the abuse that went on in
their young charges. In fact, these young Residential Schools with our native
people were nothing more than slaves. peoples. More than 7000 lawsuits have
In the late 1800s, a church worker named been filed against the Canada federal
Etta Wheeler forever changed the face of government, the Catholic church, and
parental authority in North America. certain individuals alleging physical,
During a family visit, Mrs. Wheeler sexual and emotional abuse during years
discovered 11-year-old Mary-Ellen, the spent in mandatory attendance and
step-daughter of the woman casually confinement in these Residential Schools.
entertaining Mrs. Wheeler, shackled to DUTY TO REPORT: Of all the laws, statutes
her bed and badly beaten. Too tiny and and conventions (namely, the UN
ill-formed for her 11 years, it was quite Convention on the Rights of the Child,
evident Mary-Ellen was also grossly which Canada ratified December 13, 1991)
malnourished. Some of her scars were governing child abuse in Canada, duty to
visibly healed over, giving a clear report is by far the most important when
picture of long-term and sustained child it comes to child protection.
abuse. Duty to report dictates that known or
Appalled by what she saw, Mrs. Wheeler suspected child abuse must be reported to
reported the severe and obvious abuse and the authorities. Failure to do so could
neglect to the authorities. The result in charges being laid and up to a
authorities could find no law that had $10,000 fine. The purpose behind this law
been broken: in 1873-and even today in is to ensure that children are protected
many countries-what went on behind the in a timely manner, that children aren't
closed doors of the family was considered being abused for their entire lives.
no one's business but the family's. What are the legal consequences if after
But Etta Wheeler was determined: she reporting, an investigation proves child
marched herself into the American maltreatment was/is not present or cannot
S.P.C.A. demanding they do something to be proven? There are no legal
help the battered Mary-Ellen. consequences as long as the report is
Animals were protected, but children were made in good faith and in the best
not! interest of the child.
In order for the A.S.P.C.A. to act on Save a child: Report known or suspected
behalf of Mary-Ellen, children had to be child abuse!






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