The Ministry of Justice recently proposed to amend Article 1085 of the Civil Code, which states that “parents may, within the limit of necessity, inflict punishment upon their children.”
The proposal has generated much discussion in society. More than 6,000 cases of domestic violence were recorded in 2021, the Ministry of Health and Welfare said, adding that the most frequent type of violence was “improper physical treatment.”
Among the abusers, 80 percent either lacked parental knowledge or were accustomed to corporal punishment of children. Some other common factors include parents’ financial difficulties, intimate partner violence, mental health problems and drug abuse.
In a case of domestic violence against young children in 2021, the Hualien District Court ruled that despite the seriousness of child abuse, Taiwan has not abolished parents’ legal right to punish their children. Countries such as Germany and Japan have done so, and Taiwan should follow suit.
Although Taiwan has implemented the Protection of Children and Youths Welfare and Rights Act (兒童及少年福利與權益保障法) and the Implementation Act of the Convention on the Rights of the Child (兒童權利公約施行法), which prohibit corporal punishment on children, parents’ legal right to punish children remains in the Civil Code.
Therefore, parents can inflict punishments such as beating, scolding, grounding and even fasting to discipline their children.
The legal system does not outlaw physical punishment of children in the household, and the key lies in whether a punishment complies with the “principle of proportionality,” which is often why abusers are not considered to break the law. The proposed amendment aims to eliminate domestic violence. The Ministry of Justice has emphasized that the law would not deprive parents of the right to discipline their children, but it would ban the use of violence.
The purpose of parental disciplinary power in the law is to discipline children, rather than to punish them. The amendment seeks to bring Taiwan in line with international human rights.
However, since most abusers lack knowledge of modern parenting, they rely on traditional methods used by previous generations. Consequently, they discipline their children through corporal punishment.
A fundamental solution requires collaboration between social, labor and education sectors. They should support the proposed amendment and respond to the public’s calls, working together to build a parent-friendly workplace, reduce tax burdens, provide financial aid, increase childcare services, promote family education and positive discipline. In doing so, a quality child-rearing environment can be created.
Chen Tien-ting is an educational administrator in Hsinchu City.
Translated by Eddy Chang
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