House OKs bill banning corporal punishment of children
The plenary hall of the House of Representatives. (Photo from the Philippine Daily Inquirer)
The House of Representatives on Monday approved on final reading a bill preventing corporal punishment and promoting the positive and nonviolent discipline of children.
With 163 voting in the affirmative, two negative and zero abstention, the lower chamber approved on third reading House Bill No. 8239, or the “Positive and Non-Violent Discipline of Children Act” which seeks to protect children from physical, humiliating, or degrading acts as a form of punishment.
The proposed measure shields children from the grave consequences of corporal punishment by prohibiting the infliction of all forms of humiliating or degrading punishment on them in all settings.
HB 8239 defines physical, humiliating, or degrading acts of punishment as any form of punishment or discipline in which “physical force is used and intended to cause pain or discomfort or any non-physical act that causes a child to feel belittled, denigrated, threatened, or ridiculed.”
The bill also indicates that any person having personal knowledge of such act or acts may file a report, which should be brought to the barangay or the police. The police are mandated to bring the report to the attention of the barangay or a healthcare provider.
On receipt of a report, the barangay chief would immediately determine if the committed acts would fall under the definition of physical, humiliating, or degrading acts as a form of punishment.s
The village chief may either recommend mediation and conciliation or temporary protection orders, taking into consideration the best interest of the children.
Repeat offenders will be required to undertake seminars on positive discipline, anger management, and children’s rights; undergo counseling or therapy; or avail of other rehabilitative services as may be applicable.
Moreover, the bill does not prevent the imposition upon all offenders with the maximum penalties provided for under existing laws if the offense is punishable under the Revised Penal Code and other special laws.
The children will also be provided counseling and if necessary, be accorded other proper interventions, according to the bill.
Aside from these, the bill also establishes a legal framework to the country’s commitment to various international agreements such as the Universal Declaration of Human Rights, Geneva Declaration of the Rights of the Child, and Convention on the Rights of the Child on protecting the young generation of Filipinos.
HB 8239 was sponsored and defended on the floor by Committee on Welfare of Children Chairperson Rep. Divina Grace Yu of the 1st District of Zamboanga del Sur.
The Senate approved on Oct. 8 its counterpart bill – Senate Bill No. 1477.
A congressional bicameral conference committee will then reconcile the two versions of the measure before the bill could be ratified by both chambers of Congress and be up for the approval of President Rodrigo Duterte. /atm
