Put a stop to tragic child abuse cases through corporal punishment ban
The Yomiuri ShimbunHarrowing child abuse cases must never be repeated. This is an opportunity to achieve that goal.
The government has adopted at a Cabinet meeting a bill to revise such laws as the Child Abuse Prevention Law to stipulate a ban on the use of corporal punishment by people in parental authority on children under their care. The government aims to enact the revised laws during the current Diet session.
The bill specified for the first time that people in parental authority are never allowed to use corporal punishment to discipline their children.
Parents continued appalling abuses in the name of “discipline” in cases of girls who died in Meguro Ward, Tokyo, and Noda, Chiba Prefecture. The purpose of the law revisions is to prevent such incidents.
Corporal punishment is said to have a serious impact on the development of children. Though the revised legislation does not carry a penalty, it is greatly significant to legislate the ban.
More than a few parents and guardians in suspected child abuse cases have insisted their actions were disciplinary. The corporal punishment ban provision will serve as grounds for child consultation centers and others to deal with such cases strictly.
The government will draw up guidelines for such matters as the definition of corporal punishment. It is important for the government to present clear distinctions between disciplinary action and corporal punishment.
Review Civil Code
The bill also stipulates that the government will aim to review the Civil Code’s “rights to discipline” two years after the enactment of the revised legislation.
The Civil Code stipulates that a person in parental authority may discipline their child to a necessary extent. This provision has been strongly criticized as an excuse to ultimately justify corporal punishment. Given the increasing seriousness of child abuse cases, it would be appropriate to review what rights to discipline should entail.
There are many elements that must be given consideration such as the effects on parent-child relationships. Discussions must be deepened carefully.
The issue is how to effectively ensure corporal punishment is eliminated. It is difficult to grasp affairs within a family from the outside. The reality is that a ban on corporal punishment alone cannot prevent child abuse.
Further improvements to the function of child consultation centers must progress.
The bill stipulated a separation of duties to ensure that the center officials who separate children from their parents are not the same as the officials who support the parents. This move is in response to delayed action that has tended to occur over fears of damaging relationships with parents. It is also necessary to develop a system so that center officials can receive advice from lawyers and doctors.
The government plans to drastically increase the number of child welfare officers. Currently, people serving as child welfare officers in many cases are replaced every few years in local government personnel reshuffles. Lack of experience has been highlighted as an issue. The way appointments are made and the training of child welfare officers, including the establishment of a national qualification, must be reviewed.
Coordination with measures against domestic violence will be strengthened. Violence within families tends to influence children. Organizations concerned must work together to detect child abuse early.
Members of local communities must also be sensitive to signs of child abuse. It is important for society as a whole to be conscious of protecting children.
(From The Yomiuri Shimbun, March 20, 2019)Speech