Executive Yuan Pushes for Legal Amendments to End Corporal Punishment by Parents
Taiwan’s Executive Yuan has taken a significant step toward child protection with the approval of draft amendments that seek to end the right of parents to use corporal punishment on their children. On Thursday, the Cabinet approved the draft amendments to the Civil Code, a move that is set to redefine how parents are allowed to discipline their children in Taiwan.
The Ministry of Justice, responsible for drafting the proposed changes, aims to amend Article 1085 of the Civil Code, which currently allows parents to use physical force to discipline their children within the “limits of necessity.” Under the proposed amendments, this article would be revised to specify that parents should “give consideration to their children’s age and development, respect their personalities, and refrain from engaging in mentally or physically violent behavior.”
The draft amendments will now be sent to Taiwan’s Legislature for review and approval.
Rationale Behind the Proposal: Child Rights and International Standards
The proposed changes to Taiwan’s Civil Code were inspired by global trends and the need to safeguard children’s rights. The Ministry of Justice’s report noted that the proposal aligns with the U.N. Convention on the Rights of the Child, which calls for the protection of children from all forms of physical and mental violence.
Additionally, the proposal takes into account recommendations from Taiwan’s National Human Rights Commission and legislative changes made in neighboring countries like Japan and South Korea, which have already moved to ban corporal punishment in the home.
Minister without portfolio Lin Ming-hsin (林明昕), who oversaw the drafting of the bill, emphasized that Taiwanese courts have increasingly drawn a “red line” against parents who engage in corporal punishment that harms their children’s physical or mental health. He noted that these legal amendments would likely result in dramatic changes in both judicial rulings and parent education.
The Current State of Corporal Punishment in Taiwan
While corporal punishment has been banned in Taiwanese schools for years, it remains a relatively common practice within households. According to a 2022 survey by the Child Welfare League Foundation, 63% of Taiwanese parents admitted to using physical punishment to discipline their children. In addition, the survey found that 62.6% of parents used various forms of “verbal violence,” such as threatening violence (52.5%), scolding children loudly in public (36.8%), or using derogatory language (18.5%).
These statistics underscore the persistent cultural acceptance of physical punishment, which the proposed legal amendments aim to address by promoting alternative forms of discipline based on respect and understanding of children’s rights and welfare.
Impact of the Proposed Amendments
The proposed amendments are expected to bring about significant changes in how both the legal system and society view parental discipline. If passed, these changes could transform court rulings related to child protection and encourage the development of new parenting education programs focused on non-violent methods of discipline.
The government hopes that the revisions will also set a national example, promoting a healthier and more supportive environment for children’s development while ensuring that Taiwan’s legal framework remains in line with international standards on child welfare.
Table: Key Details of the Proposal
| Proposal | Details |
|---|---|
| Draft Amendments | Amendments to Article 1085 of the Civil Code |
| Current Law | Parents may use corporal punishment within “necessity” |
| Proposed Changes | Prohibit corporal punishment, promote non-violent discipline |
| Inspiration | U.N. Convention on the Rights of the Child, Japan, South Korea |
| Survey Findings | 63% of parents use corporal punishment, 62.6% use verbal violence |
| Expected Impact | Changes in court rulings, parenting education, and child protection |
Frequently Asked Questions (FAQs)
Q1: What is the main change proposed by the Executive Yuan?
A1: The main change is the amendment of Article 1085 of the Civil Code to ban corporal punishment by parents. The revised article will focus on non-violent disciplinary methods, considering the child’s age and development.
Q2: Why is this amendment being proposed?
A2: The proposal aims to align Taiwan’s legal framework with international child rights standards, protect children from physical and mental harm, and reduce reliance on corporal punishment as a form of discipline.
Q3: Has corporal punishment already been banned in schools?
A3: Yes, corporal punishment has been prohibited in Taiwanese schools for years. The new amendment would extend this ban to the home environment.
Q4: How common is corporal punishment in Taiwan?
A4: A 2022 survey found that 63% of parents admitted to using corporal punishment, and 62.6% used various forms of verbal abuse.
Q5: How will this change impact parenting in Taiwan?
A5: The amendments aim to promote non-violent discipline methods and encourage more supportive, respectful parenting practices. They could also lead to new educational programs for parents.
Conclusion: A Step Toward Child Protection
The Executive Yuan’s proposed amendments to the Civil Code reflect a growing recognition of the need to protect children from harmful discipline practices. If passed, these changes will further Taiwan’s commitment to the U.N. Convention on the Rights of the Child and improve the overall well-being of children across the nation. With public support for the proposal, Taiwan is poised to become a leader in child rights within the region.
