PPDD Legal Advocacy: Anti-Corporal Punishment Bill Way to go.

By Anna Malindog
Corporal Punishment of Children in Philippines:
Violence in moderation is still violence. Blinded by the terms
moderately, maybe required under the circumstances and just and
reasonable rules, suggestions and admonitions, our laws itself, with its good
intentions, could give legal defenses and justification for the numbers of
deaths, physical injuries, psychological problems and handicaps resulting
from corporal punishment of children.
He who spares the rod hates his son, but he who loves him is careful
to discipline him the Bible(NIV) says and according to the tradition of the
Holy Prophet related by Abdulla bin Amr bin el-Aas that the Apostle of God
said: When your children attain the age of seven, insist upon them to offer
Namaz (regularly), and when they are ten years old, punish them if they do
not and have separate beds for them ( to sleep on). There are many cases
where the consequences of this way of discipline commanded by religious
rules contradict their very purpose and values, instead of forming good
manners and instilling good character in a child, it teaches them violence, it
leaves them abused, physically injured, handicapped and worse dead.
The childhood of most Filipinos can well enough attest the acceptance
of this form of discipline in our culture. But its acceptance denies our nations
advocacy in keeping or restoring our peoples rights, the use of diplomacy
and dialoguenot violence.
Legal Defenses of Corporal Punishment of Children in Philippines
Article 220 section 7 of the Family Code states that parents and
those exercising parental authorities has the right and duty To impose
discipline on them as may be required under the circumstances. The
latter part of this article vaguely limits or specifies the condition to impose
discipline. Article 263 of the Revised Penal Code considers
Relationship Aggravating circumstance. However, it also provides that
the higher penalties shall not be applicable to a parent who shall
inflict physical injuries upon his child by excessive chastisement.
Article 74(b) of the Code of Muslims Personal Laws states that the
parents have the power to correct, discipline, and punish them
moderately. In this matter, we all know that moderation is subjective in
nature, given that its not, there is still no established nor set basis for its
determination. A ground on legal separation, Article 55(1) of the Family
Code specifies Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child or child of the
petitioner. This ground indirectly requires or necessitates repetition and
severity to be considered. Presidential Decree No. 603 Article 45 states
that parents have the right to discipline the child as maybe
necessary for the formation of his good character, and may therefore
require him obedience to just and reasonable rules, suggestions

and admonitions. With all due respect to everyones judgment of what is

just and reasonable, to everyones way of suggestion and admonition, there
are cases that show that not all that has parental authorities has parental
love and care as well.
The United Nations Convention on the Rights of the Child,
ratified in 193 countries including Philippines, Article 19 requires all States
to make all appropriate legislative, administrative, social and
educational measures to protect child from all forms of physical or
mental violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation including sexual abuse, while in the
care of parent(s), legal guardians(s) or any who has the care of the
child. Conformation to such international laws advocating Childrens
rights is not purposed to meet international standards but to adopt principles
which better exemplifies understanding of these rights, thus enabling us to
give them due respect and make necessary measures to protect them with all
our means.
Justification of Corporal Punishment of children
To justify an act by its moderation or frequency, by culture or beliefs
will never suffice to justify its consequences, desired or not, meant or
unintentional.
In a focused-group discussion (FDG) for children aged 6 to 15 years
old conducted by Childrens Legal Advocacy Network (CLAN), Inc. in
the different areas in Metro Manila, 89% claimed to be victims of corporal
punishment. 3% said they almost wanted to end their lives after being
punished. Majority claimed that the physical abuses happen almost everyday.
A research conducted by Save the Children in the Philippines in 2005,
shows 85% of almost all children interviewed claimed they are physically
punished in the home. 65% of which said they are being spanked; 72%
verbalized their emotional hurt after being punished. Researchers
show that this way of discipline produces anger, resentment and low self
esteem in children which can affect their later life. It also teaches them that
violence is an acceptable behavior and is a solution to problems.
Corporal punishment kills thousands of children each year and injures
and handicaps many more according to the World Health Organization in
2002 World Health Report on Violence and Health.
The truth can speak for itself. The consequences of corporal
punishment speak of its justice and morality.
Why need a separate law of Anti Corporal Punishment of children in
Philippines
We recognize the unquestionable intention of our laws, but issues
arising from cases that shows their inadequacy and lack of specification in
protecting childrens rights remains unanswered and unresolved. There is an

obvious need of a law which will not justify in anyway nor shall just limit or
give parameters but explicitly stop corporal punishment, give justice to its
victims and adequate protection to childrens rights and welfare.
What shall we do?
Childrens Legal Advocacy Network (CLAN) unites in creating
awareness and campaigning for the enactment of law that will explicitly ban
corporal punishment and repeal any existing law or legal defenses of
justification for the corporal punishment of children in whatever form and in
all settings. This law should also encompass the establishment of training
programs and 5comprehensive education of parents and all who has parental
authorities on positive and non-violent forms of discipline and child rearing. It
should also empower and establish community-based child protection
systems which are often neglected and leaves law enacted but not enforced.

Create awareness of the Abuse and Injustice resulting from

Corporal Punishment of children and their short term as well
as long term effect on them.

.
By letting the people see the real situation of children victims of
corporal punishment, this could be a preventive measure helping people not
just to stop its practice but be advocates of childrens rights.

Educate parents and those with parental authorities on how

practice positive and non-violent ways to discipline and
promote its good effects to their children.

Giving weight to the fact that corporal punishment is part our culture
or habits if you may, according to psychology, one of the best ways to break
bad habits is to replace them with new ones. Educating the people with
positive and non-violent way of disciplining a child and presenting its
advantages and rewards will encourage its practice and eventually help
people stop the practice of corporal punishment.

Involve Children and Parents in the development of policies

and programs.

Having the perspective not only of children but of possible offenders

as well is important in developing policies and programs that would respond
to corporal punishment. Involving people concern in the development of
these policies and programs would help us win their cooperation. Considering
that the children will mostly benefit from these policies and programs, it still
stands that their primary target are the parents and those with parental
authorities, making their involvement essential.