Criminalization of a wide range of punishments for kids being pushed

MANILA - A whole range of forms of physical and verbal abuse to discipline a child, including spanking that most Filipino parents have become accustomed to doing, will soon be grounds for the detention of guilty parents and for the suspension of their parental authority over their children.

The Anti-Corporal Punishment Act of 2009 (House Bill 6699), principally authored by Tarlac Rep. Monica Prietto-Teodoro and filed only in July, is expected to be approved before the year ends.

It intends to prohibit the use of physical force to reprimand children. The bill also deems illegal verbal assaults and placing children in degrading or humiliating situation to correct their behavior.

Child rights advocates on Thursday claimed that corporal punishments have negative effects, contrary to the common belief that it would teach children to learn from their mistakes. Hope Tura of Plan Philippines said corporal punishments escalate as the child grows older.

“The simple smack becomes a spanking, and then a beating,” she explained.

Wrong message

Tura also said that corporate punishment sends a message that violence is the appropriate response to conflict or unwanted behavior.

HB 6699 identifies forms of corporal punishments as:

• Use of physical force (blowing any parts of the body, pinching, twisting joints, pulling of ears or hair, shaving of hair, dragging or throwing a child, or cutting or piercing the skin).
• Forcing a child to perform physically painful or damaging act (holding weights with arms stretched, kneeling on stones, salt, or pebbles or squatting).
• Deliberate neglect of a child’s physical needs (starving a child if he doesn’t want to eat vegetables).
• Use of external substance to punish a child (putting hot pepper in the mouth when he curses, placing him in a container of water, or exposing him to smoke).
• Use of hazardous tasks and punishments (sweeping in the rain or under the heat of the sun).
•  Confinement (being shut in a confined space, tied-up, or forced to remain in one place for an extended period of time).
•  Verbal assaults, threats, or intimidation.

In schools, too

Many of the children who experience verbal abuse show anxiety, lack of concentration, thoughts of rejection, and low self-esteem among others, according to a 2006 study, “Parental Verbal Abuse: Culture-Specific Coping Behavior of College Students in the Philippines.”

Teodoro said that these practices are very common in the Philippines, not just inside the homes..

“The bill also covers corporal punishments in schools, institutions, youth detention centers, and the workplace,” Teodoro’s chief of staff Filadelfo Diaz III said.

“The bill doesn’t pass judgment. It will be our partner, making sure that when our kids left our homes, we know that they are protected,” child rights ambassador Mikee Conjuangco-Jaworski added.

A 2005 study by Save the Children showed that 85% of the children interviewed in cities of Caloocan and Cebu were being punished in the home, with spanking as the most common. About 82% said they were hit on different parts of the body.

A recent data of Plan Philippines showed that 500 to 800 child abuses each year are committed by teachers.

Penalties

With the proposed Anti-Corporal Punishment Act, children or concerned individuals may directly file complaints with their baranggays, police stations, or local offices of the Department of Social Welfare and Development.

Authorities are expected to file a case in the regional trial court, or if not conduct an investigation within 8 hours from the time they receive the complaint.

Violators may face a month of imprisonment or suspension of their parental authority over the children, depending on the penalties provided by existing laws to protect children.

If the penalty is just a month of imprisonment, the court prosecutor may just order the offender to attend seminars on children’s rights, positive and non-violent discipline, and anger management.

Six months of imprisonment await those who will be found guilty of offenses under the Teodoro bill that are not covered by laws like the Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (Republic Act 7610) and Anti-Violence Against Women and Children Act (R.A. 9262).

Positive discipline

Child rights advocates said parents and other individuals responsible with a child should practice positive discipline. Wilma Banaga of Plan Philippines said “positive discipline” involves:

• Identifying the values and life skills that they want the child to adopt.
• Expressing affection and support (a hug, a pat on the back, or appreciating their accomplishments), but at the same time giving clear guidelines for their behavior.
• Understanding how children think and feel.
• Discussing the problem with the child and identify effective approaches to solve it.
• Listening carefully and helping children learn the use of words to express their feelings.
• Giving children quality time.
• Becoming a good example on how to react when faced by undesirable situations.

Teodoro explained that although laws trying to protect children from violence are already in place, some of their provisions are unclear.

“The present laws lack the explicit prohibition on the use of corporal punishment, especially in the home and family setting, except for children in conflict with the law and children in detention who are now adequately given protection and more humane treatment under the Juvenile Justice and Welfare Act,” the primer on the proposed HB 6699 said.

Article 45 of the Child and Youth Welfare Code allows corporal punishments as long as these are “just and reasonable” and “moderate in degree.”

“Our current laws only address those forms of punishments that would result to severe physical and psychological harm,” Teodoro said.

With already 56 co-authors in the House, Anti-Corporal Punishment Act has already reached its second reading and is expected to be approved this year. (Newsbreak)