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 nation’s
advocacy in keeping or restoring our peoples’ rights, the use of diplomacy and
dialogue…not 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 everyone’s judgment of what is just and reasonable, to everyone’s 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 Children’s
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 Children’s 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
children’s 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 children’s rights and welfare.
What shall we do?
Children’s 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 children’s 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.