Ending All Forms of CORPORAL PUNISHMENT of Children

Ending All Forms of CORPORAL PUNISHMENT of Children 2

Corporal
Punishment in
the Philippines

Save the Children Save

Corporal Punishment the
in the Children1
Philippines
Sweden Jan Christian Chu, 7 Sweden
 Ending All Forms of CORPORAL PUNISHMENT of Children

Save the Children fights for children’s rights.

We deliver immediate and lasting improvements to children’s lives worldwide.

Save the Children works for:

• a world that respects and values children
• a world where all children participate and have influence
• a world where all children have hope and opportunity

ISBN 978-971-93522-9-7

©2008 Save the Children Sweden

PROJECT LEADER: Save the Children Sweden

WRITTEN by: Psychosocial Support and Children’s Rights Resource Center (PST CRRC)
Michelle G. Ong, Joy Domingo and Faye G. Balanon
PRODUCTION MANAGEMENT: Minerva C. Cabilles and Carolina Francisco
EDITOR: Alwin Aguirre
BOOK DESIGN and ILLUSTRATIONS: Ariel G. Manuel
PUBLISHED by: Save the Children Sweden

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1103 Quezon City, Philippines
TEL: (632) 372 3483 FAX: (632) 372 3484
EMAIL: scsphil@scsphil.bayandsl.ph
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Ending All Forms of CORPORAL PUNISHMENT of Children

Booklet

2 Corporal Punishment
in the Philippines

Now is the time to stop the violence. “Konting galit ko lang, konting
kasalanan, parang kailangan ko
siyang paluin, parang iyon ang
Corporal Punishment in the Filipino Home tamang disiplina. Kasi parang
yun din ang kinagisnan ko sa
DISCIPLINE is recognised by both parents and children as an important element in mga lolo’t lola ko, sa nanay ko,
child-rearing. However, the most common means used to discipline children in the na ang pamamalo ay isang
Filipino home is corporal punishment. pagdidisiplina… Hindi pa
A study on corporal punishment in the Philippines conducted by Save the Children naman siguro late para baguhin
United Kingdom in 20051 reveals that punishment is most commonly experienced by yung mga nakagisnan na mali.”
children inside the home (85%) and that the most common type of punishment is Helen, parent
spanking (65%). Aside from this, a majority of the children interviewed (82%) also
(When I get a little bit upset, at
reported that they had been hit on different parts of their bodies. The World Report on the smallest mistake, I feel like I
Violence and Health in 2002 confirmed these findings. It reported that 75% of have to spank [my child],
Filipino children who participated in the study said that they had been spanked.2 In because I thought that it is the
terms of verbal or emotional punishment, yelling or screaming was the most common right way to discipline her. That’s
form. Eighty-two percent (82%) of Filipino mothers interviewed admitted to having what I learned from my
shouted at their children, while almost half (48%) said that they have threatened their grandparents, from my mother,
children with abandonment.3 that spanking is discipline... I
don’t think it’s too late to change
Community studies also generated evidence that physical and emotional maltreatment our old mistaken ways.)
of children is widespread. In 2005, the majority (83%) of 2,704 adolescents randomly
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 Ending All Forms of CORPORAL PUNISHMENT of Children

selected for a nationwide community survey admitted that they had been physically maltreated, while
more than half (60%) received psychological insults and debasement.4
This mirrors the results of an earlier survey of 2,550 Filipino school children from urban and rural
communities, which revealed that the top abuses experienced by children are verbal abuse (70 %),
physical maltreatment (60.7%), and emotional, non-verbal abuse (45.8%; ).5
While data from the two studies do not make specific mention of reported cases involving corporal
punishment, the findings point to the high incidence of physical maltreatment of children. Results
also highlight verbal and emotional forms of maltreatment both of which are largely invisible in
government statistics and reports. In 2006, physical maltreatment registered only 10 percent of
child abuse cases handled by the Department of Social Welfare and Development (DSWD
2006) while emotional abuse was not existent at all. This is probably
because incidences of emotional abuse are seldom reported, if at all, and
especially if not accompanied by physical maltreatment or sexual abuse.
Studies, however, have shown that verbal and emotional abuses also have
significant impact on children. A survey done with Filipino students on
experiences of parental verbal abuse revealed that emotional, degrading and
psychological forms of punishment resulted in low self-worth, depression, displaced
anger and aggression among children.6

Why does corporal punishment persist

from generation to generation?
1.Cultural beliefs that reinforce punishment. There are
cultural beliefs and expectations about children that influence the use of
punishment. For example, parents who believe that children only

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understand the language of pain are more likely to use corporal punishment. Some
other beliefs that support corporal punishment are discussed below.
Why does
Parents believe that children are born without a sense of right and wrong, corporal
and have no self-control. They believe that punishment is the most effective
means of ensuring that the child develops a sense of right and wrong. Children are punishment
thought to be born naturally wilful and unruly. They do not yet understand rules persist
and boundaries and must therefore be taught those. They have no knowledge of from generation
the world and are unable to think and make correct decisions by themselves. These to generation?
beliefs lead some parents to conclude that control must be established externally
and through physical means. This way, children—especially the younger ones—
would understand more clearly what is right and wrong than if parents simply try
to explain them. By inflicting pain, parents believe that they are teaching their
children what not to do and what to avoid.
Adults/parents believe that they have to exercise power or authority over
their children through fear and intimidation else they will not grow up to
be good persons. Adults, given the responsibility of raising and guiding children,
assume power over them. They believe children are weak and have less knowledge
and experience. Because of this, they judge the child’s behaviour according to their
notions of right and wrong, and their ideas of what is fair without even listening to
the child’s views. The misuse of power or authority often leads to abuse. Parents
may make or break rules arbitrarily, fail to listen to their children, and use forms of
discipline that do the children more harm than good.
Adults/parents believe children owe their lives to their parents. Thus, they
are considered their parents’ properties. In a 2005 research done by Save the
Children UK in the Philippines, many of the parents admitted to the use corporal
punishment saying that it is what their own parents and grandparents practiced.

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They also disclosed that they themselves were punished in such manner when they were
children. Some are even grateful for their own parents’ harsh disciplining
methods because they believe they learned from it.
Consultations with parents reveal that although some of
them acknowledge that the use of these disciplining
techniques may hurt their children’s feelings or adversely
affect their relationship, they still feel that it is necessary for
moulding their children to be upright and decent human beings.
Nevertheless, these parents admit to feeling guilty, bad, sorry, sad, and
regretful after punishing their children aside from feeling pity for and
worrying about them. While older parents tend to believe that corporal
punishment has helped make their children behave better, younger
parents notice that its effects on their children are not what they
intended and not as positive as they would have wanted. Their children
have become distant, dazed, afraid and stunned. They also either
become rattled upon hearing curses or have grown immune to
them. A more devastating outcome of such forms of punishment
would perhaps be the children’s loss of respect for their parents.
The same study found out that children definitely see corporal
punishment as a painful experience but do not know that there are
other methods of discipline. Older children even tend to justify
the use of punishment. This may be an indication that as children
grow to become adults themselves, they will tend to believe that
corporal punishment is the proper way of teaching a child.

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This dilemma has driven some parents and other adults caring for children to seek
other more effective ways of disciplining children. Like many of the children who
have spoken on the issue, some parents also wish to discover a more rational and
Why does
calmer disciplining approach. However, in practice, the use of corporal corporal
punishment for discipline and instruction remains to be a common feature of punishment
parent-child interaction in the Filipino home. persist
2. Lack of explicit legal prohibition on the use of corporal from generation
punishment. While there are existing laws against maltreatment, there are no to generation?
clear prohibitions against the use of corporal punishment especially in the home
where a lot of the violence takes place. The home, being a child’s immediate
environment, plays a primary role in his/her upbringing and formation. Sadly, it is
also where the incidence of violence in the form of corporal punishment most
often takes place. This is because corporal punishment, including humiliating
punishment, remains to be a widely accepted and encouraged parenting tool. A
closer look will even suggest that existing Philippine laws actually allow and
provide justification for the use of corporal punishment as a form of discipline
particularly inside the home.
An analysis of current laws and policies in the country related to discipline and
punishment conducted by Save the Children United Kingdom in 2005 points to
the following gaps in the present laws and policies in terms of protecting children
against corporal punishment:

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There has to be clear guidelines

that can help parents and other
adults exercise their right to
discipline children in a manner
that will uphold children’s right
to dignity and physical integrity.
a. The existing restrictions on child abuse do not cover the
more common forms of corporal punishment such as
spanking and verbal abuse.

Article 263 of the Revised Penal Code states that parents do not have
the right to cause their children physical injury from unreasonable
punishment. However, by describing unacceptable punishment as those
that “cause physical injury” and those that are “unreasonable,” the law
seems to totally exclude the types of punishment that are most
common but the least visible and the least reported. Spanking, ear
twitching, or hair pulling are some usual examples of such. What’s
more, forms of punishment that do not produce any visible signs of
physical injury such as verbal abuse also go unnoticed. By doing so, the
law disregards the violation of children’s human dignity and self-respect
in cases where no serious physical injuries are suffered. Given the

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findings of various studies showing the prevalence of these forms of punishment, a

significant number of children are definitely not given full protection.
Why does
b. Cruel and unusual punishment is not clearly defined in the law corporal
and can easily be misinterpreted. punishment
persist
Qualifying phrases such as “moderate,” “just” and “reasonable” used in referring to
punishment can be interpreted in many different ways and may thus be misused. from generation
There has to be clear and explicit statements to guide parents and other adults in the to generation?
exercise of their right to discipline their children. Equally crucial is the need for
them to understand the importance of respecting the physical integrity and human
dignity of their children.
Cruelty is seen as a form of child abuse under the Special Protection of Children
against Abuse, Exploitation and Discrimination Act (Republic Act 7610). However,
even this law also states that corporal punishment is not considered a form of
cruelty so long as it is done or exercised in a reasonable way, is moderate in degree,
and does not constitute physical and psychological injury.
In addition, parents are only held liable for cruelty if the act of indignity is done
“deliberately.” This now leads us to consider the issue of intention in the exercise of
corporal punishment. The law implies that if there is no intention to humiliate or
embarrass, then the act of punishment or cruelty is not deliberate. Similarly, if the
parents believe that the act of violence is for the benefit of the child, then it should
not be considered against the law. This way of seeing the issue then renders the law
ineffective in protecting both the physical integrity and dignity of the child.
In addition, the Family Code and the Child and Youth Welfare Code state that
“parents have the right to discipline their child as may be necessary (emphasis added)

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for the formation of his good character, and may therefore require from him
obedience to just and reasonable rules, suggestions and admonitions.” These
qualifications further justify the use of corporal punishment in the name of
discipline.

c. The law does not address the issue of corporal punishment in

the home, in the family and in the work setting.

Existing laws do not have explicit prohibitions on the use of corporal

punishment in the home or family setting. They actually give parents free
rein to define and determine what is right or necessary, what is fair and
reasonable, and what will not cause physical, psychological or emotional
harm.
A related matter is that no provision in the laws is directly applicable to
punishment of children at work. A more direct provision prohibiting
corporal, humiliating and degrading punishment of children should be
enacted to cover persons who employ or supervise them at work. Although
there are several penal laws that are aimed at certain acts committed on
children, there remains a need to create terms that specifically ensure the
child’s protection at work.
The law then must clearly and explicitly state that children must not be
subjected to corporal punishment or any humiliating treatment such that not
even a mild spank or hit is acceptable. Also, the law must always specifically
uphold their dignity. This means that children are to be treated with respect
for their person and individuality.

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d. Humiliating and degrading punishment is not covered in the general

penal laws since it requires that a physical act be done to a child for Why does
it to be seen as an offence. corporal
Statistics on violence against and abuse of children reflect mainly physical abuse punishment
and sexual abuse rather than the more prevalent emotional or verbal abuse. This is persist
because the latter types are seldom culturally and legally defined as abuse. from generation
The law requires that a deed or physical act be committed for it to be considered an to generation?
offence. Thus, we can claim that general penal laws do not cover humiliating or
degrading punishment. Such may take on various forms as psychological
punishment, verbal abuse, ridicule, isolation or ignoring the child—acts that do not
necessarily constitute punishment of a physical nature. Indeed, humiliating or
degrading punishment as those just mentioned is very common in the homes,
schools, workplace, community, and care and justice institutions. The lack of laws
to protect children from punishment of such forms endangers their right to dignity
and self-respect.

Corporal punishment is a human rights violation and cultural notions that may seem
to tolerate violence do not make it acceptable. Children are entitled to the same
protection as adults. It is important to ensure that under the law, children benefit from
the same protection as adults do. The gaps in our laws clearly show that currently,
we do not adequately legally protect children against corporal punishment.
Eliminating corporal punishment of children requires, among others, addressing these
identified gaps by enacting a law that will explicitly prohibit corporal punishment in all
settings, especially in the home, and removing all provisions in the law that justify and

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rationalize the use of corporal punishment. It is equally

important to make sure that adults have the necessary
information and support to rear and teach children in a way that
respects their human dignity. At the same time, adults who
interact with children and respond to their concerns should have
sufficient policies and guidelines on hand to ensure the
protection of children from corporal punishment in the home and
in other settings.

Children’s right to
participation is not given
proper space and
consideration.
Various researches have shown what children have been saying
all along: corporal punishment hurts them and they prefer to learn
without the use of violence. Children share that they are seldom
asked to explain their side in many situations where they make
mistakes or do something their parents or teachers do not
approve of. Their wish is for adults to try to understand how they
feel, and listen to their opinions and ideas about how to solve
problems or make better of situations.
Children have the right to be involved in discussions, processes,
decisions and actions that respond to their concerns including

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corporal punishment. Parents and other adults caring for children must listen to and
seek out their views and opinions on matters that affect them. Service providers,
policy-makers and decision-makers at the local and national level must consult
Why does
children on how programmes, services, policies and decisions affect different groups corporal
of children and the ways these could be improved. Consultations as such must be punishment
done regularly and as a matter of policy and practice. persist
Children in many parts of the world have expressed their interest in taking action to from generation
end corporal punishment. They have actually initiated efforts in their respective to generation?
communities. Adults should support these initiatives and establish good working
relations with children and children’s groups. This will ensure that children are
informed about the various endeavours and further contribute to achieve the
necessary changes.
Children and groups of children can be involved in monitoring changes in children’s
experiences of corporal punishment. Their involvement can even extend up to the
assessment of programmes’ and services’ sufficiency and quality. They can also
participate in determining and analyzing what works and what does not work in
various pertinent projects. Insights gathered from children’s participation could then
be used to improve policies, programmes and services, especially the ones that are
most relevant to them.

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Children speak about

corporal punishment
In a study conducted by Save the Children UK in the Philippines, children
shared their belief that discipline is important because it helps them
recognize and understand what is right from wrong, and develop appropriate
attitudes that will make them better people or “mabuting tao.” Discipline is
essential so that children learn from their mistakes, change their attitudes,
and do what is right. They also believe that it is necessary to make them
grow into healthy, strong and respectful individuals. Instilling discipline, as
they have come to realize, is also a manifestation of their parents’ love and
concern.
According to these children, parents often resort to punishment in order
to instil discipline. Such punishment may take the form of the ff: pagpalo sa
anak (spanking), pagbugbog sa bata (beating up or mauling their children);
pananampal (slapping the face), panununtok (punching), pagpapahiya sa bata sa
harapan ng iba (humiliating the child in public), and pagsigaw at pagmumura ng
putang ina (shouting and swearing).
The children also revealed that being punished or, specifically, being hurt by
people they love and trust has the following effect on them: masakit sa kasing-
kasing/puso/kalooban (emotionally painful), nakakalungkot (makes them sad),
nakakagalit (makes them angry), and parang gustong magrebelde (makes them
think about rebelling against their parents). Furthermore, the children
stressed that being hurt emotionally is worse than the physical pain inflicted

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on them because emotional pain is deeper and lingers longer. It is quite alarming that though children
have begun to associate punishment with hurt feelings, resentment and anger, they still believe that
they deserved to be punished. To illustrate, during Focus Group Discussions with adolescent girls Children
and boys, 13 to 17 years old, they discussed why they were punished physically and they shared that: speak about
J: Ginagawa nila yon [pagdidisiplina sa pamamagitan ng pamamalo] para mapunta kami sa corporal
tama at makatapos kami ng pag-aaral at mahal kami. punishment
Y: Tama yun para madisiplina kami, tapos minsan di kami sumusunod sa kanilang mga utos.
M: Para kami ay madisplina at di malulong sa masamang bisyo.
(J: They [parents] punish us to make sure that we will be good, that we will finish our studies, and
because they love us.
Y: That’s right, they do it to discipline us because sometimes we don’t listen or follow what they
want.
M: To discipline us and this would stop us from being mired in vices.)

Violence has regrettably become an acceptable part of life for children. This is where they learn that
problems and problematic behaviour can be solved through the use of force or threats, fighting and
other abusive means. Despite this, children also seek for alternative ways of discipline. They believe
that children are more likely to respond to correction if they know and understand what it is
they have done wrong, and what they should do to correct their mistake. Counselling or
discussing issues with a child proves to be a much more encouraging form of discipline. An
approach as such will help children understand where they have gone wrong and make them
remember more effectively the consequences of their actions and decisions. This experience would
eventually teach them to be more careful so as to avoid committing the same mistake or oversight in
the future. The children in the study also emphasized that they need love, affirmation and guidance
from adults; and that during moments when they are being punished – when they are being hit or
humiliated – they do not feel loved or cared for at all.

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Children and young people who have been working on this issue as organized groups strongly expressed
their views against corporal punishment. As Lorelie Limbang, President of the Children and Youth Organization,
succinctly conveys,
“As a result of our participation in consultations conducted by Save the Children in the
Philippines and our own discussions within our organization, we realized that we have all experienced
different forms of punishment in our homes, schools and the community; and that we all feel strongly
against this.”

Violence does not make children understand

what they have done wrong.

A future without violence?

There is a real and urgent need to address the gaps in legislation regarding violence against children. There are
two important reasons for this: first, laws need to be consistent with and reflect the Philippine government’s
commitment to the UN Convention on the Rights of the Child. We have child protection laws in place; however,
they fail to protect children from all forms of corporal punishment.
Secondly, changing the law is imperative in order to protect all children at all times in schools, care institutions,
communities, juvenile justice institutions, alternative care institutions and most especially, the home. However,
changing and implementing the law is not enough. There is also a need to change beliefs and attitudes that allow
for the unabated practice of corporal punishment. Likewise, beliefs and attitudes that support non-violent
alternatives must be fostered. It is also indispensable to initiate and establish a more appropriate response to
address corporal punishment in the home.

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Although the law is said to reflect culture, it is also true that changing the laws can create
changes in attitudes and practice. For proof we look to Sweden, which, on July 1, 1979, was the
first state to explicitly ban corporal punishment of children by all caregivers, including parents. When A future
the ban was implemented, it was intended to be educational rather than punitive. Supporting without
mechanisms were put in place to assist parents with child management difficulties and learn about violence?
alternative methods of discipline.
In the Philippines, there exists a need to revise existing laws for the full protection of children from
violence. Any kind, degree, and frequency of corporal punishment are violence against children and
should be redefined culturally and legally as unacceptable and unreasonable. There is still a need to
amend laws to specifically prohibit corporal punishment and humiliating and degrading
punishment within the family.
A generation of Swedish youth has grown up without corporal punishment. A study of the results of
the ban 20 years after it was implemented serves to enlighten us of the gains from prohibiting
corporal punishment:
• There has been a marked decline in public support for corporal punishment in Sweden, from 53%
in 1965 to 11% in 1999. For younger parents (defined as those 35 years of age or below), there
was only 6% agreement for the use of corporal punishment.
• A 1994 study of 13-15 year-olds, who were young children when the ban was implemented,
showed that only 3% reported receiving slaps from parents, and only 1% reported being hit by
implements.
• No Swedish child died of physical abuse in the 1980s. Of four child murders between 1990 and
1996, only one was at the hands of a parent.
• There has been a decrease in the number of children coming into the care of social workers. Those
who have come into care are for short-term placements only.

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• Fears of children growing up undisciplined and without self-control are unfounded. In fact, youth crime rates
have remained steady since 1983 while drug abuse, alcohol intake, and suicide rates have decreased.

It may be concluded from Sweden’s experience that attitude change follows government commitment to non-use
of corporal punishment. It also demonstrates that young people who grow up without corporal punishment
appear to function much more adaptively in society.
It is hoped that this example paves the way for greater commitment to and action towards legislative change in
support of a complete ban on corporal punishment in all settings. If the Philippines passed a law that explicitly
bans all forms of corporal punishment of children, it will be the first country in Southeast Asia to do so.

Notes
1 Save the Children Sweden (2005). “National Research on the Physical and Emotional Punishment of Children in the Philippines.”
Unpublished manuscript. Quezon City, Philippines.
2 World Health Organization (2002). World Report on Violence and Health. Edited by E. G. Krug, L. L. Dahlberg, J. A. Mercy, A. B. Zwi and R.
Lozano. Geneva, page 63.
3 Ibid., page 65.
4 Department of Health – National Health Institute 2003.
5 Laurie Serquina-Ramiro; Bernadette J. Madrid; Ma. Lourdes E. Amarillo, 1998. Domestic Violence in Urban Filipino Families. Asian Centre for
Women’s Studies, Ewha Womans University Press.
6 Esther Esteban (2006). “Parental Verbal Abuse: Culture-Specific Coping Behaviour of College Students in the Philippines,” Child
Psychiatry and Human Development, Vol. 36, No. 3, (March 2006) pp. 243-259.

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End All Forms of CORPORAL PUNISHMENT of Children Now!

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