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Implementation Guidance

Laying the foundation for non-violent childhoods: putting prohibition of corporal punishment of children into practice Junio 2021

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0% found this document useful (0 votes)
161 views15 pages

Implementation Guidance

Laying the foundation for non-violent childhoods: putting prohibition of corporal punishment of children into practice Junio 2021

Uploaded by

sofiabloem
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Laying the foundation for

non-violent childhoods: putting


prohibition of corporal punishment
of children into practice
Implementation guidance
Together to #ENDviolence
Solutions Summit Series
June 2021
Laying the foundations for non-violent childhoods: putting prohibition of corporal punishment of children into
practice, Implementation guidance.

A special report for the Together to #ENDviolence Solutions Summit Series

Published June 2021 by the Global Partnership to End Violence Against Children.

end-violence.org

endcorporalpunishment.org

1
Background
Law reform alone will not eliminate corporal punishment. This guidance aims to provide practical information
to support the implementation of laws prohibiting corporal punishment in all settings. Educational and
preventive measures are necessary to increase awareness of the harm of corporal punishment to children,
to inform about children’s right to protection and to provide an essential foundation for social norm
and behaviour change. The guidance accompanies our report “Prohibiting all corporal punishment of
children: laying the foundation for non-violent childhoods,” also published in the context of the Together to
#ENDviolence Solutions Summit Series.

The Global Partnership to End Violence Against Children was launched in July 2016 by the UN Secretary-
General. Today, the End Violence Partnership is the only global entity focused solely on Sustainable
Development Goal 16.2: ending all forms of violence against children. The Partnership is made up of over
600 partners, including governments, UN agencies, research institutions, international non-governmental
organisations, foundations, civil society organisations, private sector groups, and more. Though different in
many ways, one simple belief unites us all: every child deserves to grow up free from violence.

End Corporal Punishment is a critical initiative of the Global Partnership to End Violence Against Children.
Previously known as The Global Initiative to End All Corporal Punishment of Children, End Corporal
Punishment carries out a wide range of activities specifically designed to catalyse progress towards
universal prohibition and elimination of corporal punishment of children.

We work to end all corporal punishment worldwide by:

1. Conducting and supporting national, regional and international advocacy with evidence-based data and
tailored technical resources, guidance and assistance.

2. Providing an up-to-date and comprehensive knowledge hub with evidence on the legal status of corporal
punishment, its prevalence and effects and tools to secure its elimination.

3. Providing technical assistance to governments and civil society, supporting them to prohibit and eliminate
corporal punishment.

4. Supporting a global movement of partners and supporters across all continents.

UNI346485

2
This guidance draws on the following set of existing key resources
Non-violent Childhoods: Moving on from corporal punishment in the Baltic
Sea Region
A two-year project, led by the Council of the Baltic Sea States in cooperation with
the Global Initiative to End All Corporal Punishment of Children and supported by the
European Union, aimed to promote effective implementation of legal bans on corporal
punishment through collaborative, multi-stakeholder planning and action.
The initiative drew on the experience of states in the Baltic Sea Region where 10 out
of 11 states have prohibited all corporal punishment – ranging from those with over 30
years’ experience implementing the ban to those that had only recently embarked on
this journey.
National consultations were held throughout 2017 in Sweden, Finland, Latvia, Estonia
and Poland, and a series of thematic expert consultations were held in 2018 to inform
the development of five guidance reports to convey key messages and best practices
for bringing national laws into practice. The guidance reports focused on implementing
prohibition in domestic settings; positive parenting; awareness-raising campaigns;
service providers; and monitoring progress.
The reports are available at: childrenatrisk.cbss.org/non-violent-childhoods/

Positive discipline and alternatives to corporal punishment of children: UNCAT


implementation tool on positive discipline
This practical tool was prepared by the Convention Against Torture Initiative in
partnership with Child Rights Connect. The publication aims to guide states on the
steps they may take to align their policies, laws and educational practices to be in-line
with the UN Convention Against Torture and the UN Convention on the Rights of the
Child. It covers a wide variety of settings where corporal punishment and other forms
of cruel or degrading punishments are used as a way to discipline children. It features a
number of good practices to support and guide parents, caregivers and teachers to use
a positive approach to discipline children.
The report is available here: cti2024.org/resources-for-states/

UNI346485

3
Supporting national strategies to achieve target 16.2 of the Sustainable
Development Goals through INSPIRE
INSPIRE is a technical package developed by ten agencies led by the World Health
Organization. Aimed at everyone from government to grassroots, it sets out seven
strategies which provide a framework for ending violence against children. Under
its first strategy – implementation and enforcement of laws – the INSPIRE package
highlights the need for laws banning corporal punishment of children by parents,
teachers and other caregivers. Examples of society-wide public and professional
education and awareness raising programmes aimed at changing social norms and
attitudes around violence in childrearing, which should accompany law reform, are also
set out in INSPIRE.

Together to #ENDviolence
Violence against children is an epidemic of abuse. Over one billion children experience violence every
year,1 with devastating short and long-term consequences. Despite the scale and impact of violence against
children – and the proven evidence-based solutions that exist2 – we still lack the political commitments and
financial investments that are urgently needed to keep children safe at home, online, at school and within
communities. Crucially, COVID-19 has increased children’s risk of violence in every country and community.
As a result of the pandemic, 85 million3 more girls and boys may be exposed to physical, sexual and
emotional violence.

COVID-19 has also placed new pressures on both national budgets and international donors, jeopardising
already-limited investments to end violence against children, along with years of progress. The Together to
#ENDviolence campaign aims to inspire the end violence community and catalyse the political and financial
commitments needed to end violence against children for good.

Prohibiting and eliminating corporal punishment is critical in ending all violence and mistreatment of children;
it is therefore one of the six policy proposals of the #ENDviolence campaign. Corporal punishment is the
most common form of violence against children worldwide. Its widespread social acceptance condones a
level of violence throughout childhood, entrenches children’s low status in society and paves the way for
other forms of violence, exploitation and mistreatment. Any corporal punishment violates children’s right to
respect for their human dignity and physical integrity. Currently, only 13 per cent of the world’s children live
in 62 countries where corporal punishment is fully prohibited.

1
Hillis S, Mercy J, Amobi A, et al. Global Prevalence of Past-year Violence Against Children: A Systematic Review and Minimum Estimates. Pediatrics.
2016; 137 (3):e20154079
2
INSPIRE: Seven strategies for ending violence against children, World Health Organization 2016
3
COVID-19 Aftershocks: A perfect storm- Millions more children at risk of violence under lockdown and into the “new normal”,
World Vision, 2020, p. 3

4
Introduction: Why is implementation important?
The ultimate goal of prohibiting corporal punishment is to ensure that no child ever experiences it by
eliminating its use completely. Legal prohibition sends a clear message that hitting and hurting a child, for
whatever reason, is wrong, just as hitting and hurting adults is wrong. However, prohibition becomes really
effective only when concrete measures are put in place to prevent children from experiencing corporal
punishment, however light. Implementing the law is not only about responding to adults who violently punish
children – it is primarily about transforming attitudes and practice so that physical punishment is no longer
seen as acceptable, enabling a shift in social norms towards positive, non-violent childrearing methods.

Under the Sustainable Development Goals (SDGs) adopted in 2015, states have committed to building
peaceful, non-violent societies in which human rights are respected. The agenda sets out 17 goals,
targets for achieving each goal, and indicators to monitor progress towards each target. Ending corporal
punishment is key to ending all violence against children (SDG target 16.2) and reducing violence across the
whole of society in the longer term. It is also essential in working towards other SDG targets, including those
related to health (SDG 3), education (SDG 4), violence against women and girls (SDG 5 and 16), equality (SDG
5 and 10) and economic stability and growth (SDG 8).

The UN Convention on the Rights of the Child (CRC) requires states to take all appropriate legislative,
administrative, social, and educational measures to protect children from all forms of violence while in the
care of parents, legal guardians, or any other person who has the care of the child (article 19).

States are therefore obliged to implement prohibition laws under their international and regional human
rights obligations. In order for states to progress towards elimination of violent punishment, law reform must
be linked to public education and preventive and awareness-raising measures, supported by multi sectoral
coordination, as well as monitoring and evaluation.

The key steps for moving from prohibition to elimination of corporal


punishment include the following:

Enacting the law


Explicit prohibition in legislation benefits children and all those living or working with or for children. It
applies to the various settings of children’s lives such as family law and education law.

The first step in prohibiting corporal punishment is to review the national legal framework to clearly establish
the legal status of corporal punishment in all settings, and what needs to change. Full prohibition requires
the removal of any justifications of corporal punishment. In some states, the right of parents to administer
corporal punishment is recognised in more than one law. It is important that all relevant laws are amended
and all references to this right are repealed. This applies, of course, to all laws authorising or regulating
the administration of corporal punishment, for example in education law or legislation relating to care or
penal systems.

5
The only way to ensure clear, uncompromising prohibition of all corporal punishment is to use clear,
uncompromising language in legislation. Clear language prohibiting corporal punishment also has an
educational purpose, as the first purpose of good law is educational: to prevent and deter crimes, not simply
to punish crimes after the event.

Many partners from different sectors often come together in a campaign to prohibit corporal punishment.
These may include parliamentarians, government representatives (e.g. ministers) as well as children’s
coalitions, human rights organisations, religious or traditional leaders and prominent popular personalities.
The momentum generated by the campaign to achieve law reform will foster a synergy among all partners
at national and local levels - also provide the conditions or enabling environment for legislative change that
helps facilitate the development of a nationwide strategy to implement the new legislation.

UNI104421

Examples of law reform


Nepal
Before law reform
Section 7 of the Act relating to Children, 2048(1992): “Any act by the mother, father, family member,
guardian or teacher to scold the child or give him/her minor beating for the sake of his or her interests
shall not be deemed to violate [this Section]”.
After law reform
Section 7(5) of the Act relating to Children 2018 (unofficial translation): “Each child has a right to be
protected against all types of physical or mental violence and punishment, neglect, inhumane behaviour,
gender based or discriminatory abuse, sexual abuse and exploitation committed by his/her father,
mother, other family members or guardian, teacher or any other person”.
Section 66(2)(d) of the Act relating to Children 2018 (unofficial translation): “Giving physical or mental
punishment or disrespectful (or inhumane) behaviour in home, school or any other setting is criminalized
as a form of violence against children…”.
Costa Rica
Before law reform
Article 143 of the Family Code 1974: “Paternal authority confers rights and imposes the duty to educate,
care for, watch over and, with moderation, correct the son or daughter”.
After law reform
Article 143 of the Family Code 1974 (amended by Law on the Rights of Children and Adolescents to
Discipline Free from Corporal Punishment and Other Forms of Humiliating Treatment 2008): “Parental
authority confers the rights and imposes the duties to orient, educate, care, supervise and discipline the
children, which in no case authorises the use of corporal punishment or any other form of degrading
treatment against the minors….”.
6
Plan and Coordinate
Every country will develop a National Action Plan based on their needs and political structure. It may fall
under Child Health, Child Wellbeing or Human Rights or be focused specifically on the prevention of
violence against children. Examples of National Action Plans including the elimination of corporal
punishment include:

The second Master Plan for Child Policy (2020-2024) in the Republic of Korea, which focuses on
positive discipline and child rights-based parental education.

The 2015 Regional Plan of Action on Elimination of Violence Against Children developed by ASEAN
member states which calls on states to enact legislation to prohibit corporal punishment in all settings
and promote the implementation of positive discipline.

A national action plan outlines the strategic orientation and activities needed to address a specific child
rights issue. Having a documented plan, ratified by a legal body (often parliament), can strengthen
commitments to political change. Its implementation requires multi-sectoral collaboration; its impact
depends on long-term commitment.

The development of a costed national action plan is central to effective implementation. It could be a distinct
plan or integrated into a national plan to eliminate all violence against children or family violence or on child
protection. Limited resources should not prevent the implementation of the law. For example, using existing
national action plans could ensure that where possible, results are maximized, limited resources are used
effectively and duplication and waste of resources are avoided.4 The costing of the national action plan will
take into account national and local capacities and needs; it will adopt a realistic and practical approach,
including a resource mobilisation strategy to sustain long-term activities.

The costed national action plan should be child-centred and multi-sectoral and include:

Methods to support child participation in the development, implementation and evaluation of the plan.

Coordination mechanisms including all national and local services working with and for children
and families, and all government departments and agencies responsible for children, families and
public health.

Monitoring and evaluation processes, built in from the beginning to ensure prohibition is achieving
positive change in social norms and behaviours in parenting and education.

Adequate resources to support long-term campaigning for social norm change and child-centred
budgets.

Successful implementation also requires establishing a national, government-led coordinating mechanism to


develop, coordinate and build the national and local infrastructure needed to implement the plan. This
mechanism may include government departments responsible for education, health, justice, and social
welfare; the private sector; and civil society organisations, such as professional associations, faith-based
organisations, academic institutions, foundations, and other NGOs.5 The same types of coordination will be
needed at local level. The national action plan will therefore describe programmes and interventions to be
implemented at national as well as community levels. It may not be possible to implement the planned
activities simultaneously in all communities and districts, so a phased approach can be used to achieve
nationwide coverage over time.6

Existing community-based child protection mechanisms can be used to roll out interventions on non-violent
childhoods since they will reach a wider group of service users at grassroots level. They also take into
account communities’ needs and challenges, and often with limited financial resources. However, adequate
mechanisms of coordination and ethically appropriate evaluation7 must be put in place.

4
INSPIRE Seven strategies for ending violence against children, p. 89 5INSPIRE Seven strategies for ending violence against children, p. 75 6INSPIRE
Seven strategies for ending violence against children, p. 88 7INSPIRE Seven strategies for ending violence against children, p. 76
7
Key attributes of a strong National Plan of Action to End Violence Against Children include
the following:

An overview of the context of violence against children and existing programmes and resources in
the country.

Identified priorities, based on the description of issues and available resources.

A roadmap or plan that provides a timetable of the planned actions/goals and their respective
timeframes.

The plan should include a budget breakdown detailing how much is needed for each action and
where the resources will come from.

Available research on the prevalence of violence against children in the country.

Article 4 of the UN Convention on the Rights of the Child requires governments to allocate the
maximum extent of available resources to protect children’s rights.

UNI309791

Communication and awareness-raising


Challenging traditional acceptance of corporal punishment and other cruel or degrading forms of discipline
requires sustained action over time. Awareness-raising and communication are key measures used to
support the adoption and implementation of national laws to prohibit corporal punishment of children.

Society-wide high-profile campaigns will be needed to raise awareness of the law, promote the purpose of
prohibition and support changes in attitudes and behaviours around violence in child rearing. This requires
identifying target audiences, developing key messages – in particular, to address specific obstacles – and
identifying the most effective opportunities for communication.

The promotion of non-violent forms of parenting and education should be built into all the points of contact
between the government and parents and children, in health, welfare and educational services, including
early childhood institutions, day-care centres and schools. It should also be integrated into the initial and in-
service training of teachers and all those working with children in care and justice systems.

8
Educational measures to support the new legislation:
Wide, ongoing dissemination and explanation of the law and its implications
Detailed guidance, for all involved, on how the law should be implemented in the best interests
of children
Translation of the law, guidance and information materials into local languages
Development of a child-friendly version of the law
Training and capacity-building of all professionals working directly and indirectly with children

Possible points for communicating messages:


Birth registration
Pre- and post-natal services
All other health service and health practitioner contacts with parents, future parents and children
Pre-school entry, school entry, school curriculum and informal educational settings
Social and welfare services in contact with children (including children in all non-family settings) and
with families
Initial and in-service training of all those working with and for families and children, including teachers,
care workers, etc
Elements of civil society in contact with children and families, including religious/ faith groups
Radio, mass media, internet, social networking, etc

Support positive parenting


‘Parenting’ refers to the consistent care provided by any biological parent, guardian or any other caregiver
providing consistent care to a child. Caregivers include mothers and fathers, siblings, grandparents, and
other relatives, including non-biological caregivers such as stepparents or foster parents.

Parenting support programmes have a long history and a rigorous evidence base8. In the past 10 years,
more than 100 randomized trials have shown that programmes to support parents can have the following
outcomes9:

Supporting early child development (ECD) outcomes;

Increasing attendance at routine health visits and improving nutrition outcomes;

Enhancing mothers’ and children’s mental health;

Interrupting the cycle of violence, including perpetration of future violence; and

Promoting positive social norms about social structures in protecting and nurturing children;

A parenting programme can be a structured intervention directed at parents and other key caregivers of
the child and is designed to improve parent-child interaction and the overall quality of nurturing care that a
child receives. Positive parenting focuses on creating safe home environments and building a foundation
of support and care for children through responsive caregiving, affection, quality time, praise, learning
opportunities and healthy methods of dealing with difficult behaviour. Nurturing care involves helping
children develop healthy social and emotional behaviours, teaching life skills, and promoting well-being
through modelling healthy ways to solve problems and communicate feelings.
8
Linkenbach, J, Perkins, HW & DeJong, W. (2003). Parent’s Perceptions of Parenting Norms: Using the Social Norms Approach to Reinforce Effective
Parenting. Chapter 15 in HW Perkins (Ed). The Social Norms Approach to Preventing School and College Age Substance Abuse: A Handbook for
Educators, Counselors, Clinicians, San Francisco, Jossey-Bass
9
Parenting for Lifelong Health: A pragmatic cluster randomised controlled trial of a non-commercialised parenting programme for adolescents and
their families in South Africa. BMJ Global Health 2018; 3(e000539)
9
Programmes may target individual families or selected target groups in the general population. They
normally consist of a structured series of sessions using a range of learning activities, and are often
manualized. They can be delivered by professional or para-professional staff. Programmes may be group-
based or individual parent/family-based, they may include the children or not; they may be delivered in the
home or in a centre or delivered online. They may be combined with other components (e.g. teacher or child
focused interventions).

With prohibition of corporal punishment of children in all settings and especially in the home, one of the
primary goals is to change the norms, attitudes and behaviour of parents and to teach positive parenting to
facilitate the shift from punitive to positive parenting.

Evaluate
Evidence shows that the enactment and implementation of laws banning all corporal punishment can
contribute to significant reductions in its use. Monitoring and evaluation play a key role in assessing the
success and challenges of the implementation of the prohibiting law, and are also crucial in understanding
whether the implementation strategy to impact on the knowledge, attitudes and behaviours of the targeted
audiences (e.g. teachers, parents and other caregivers) has actually generated positive change for the
children. Monitoring and evaluation should involve everyone in the initiative to move from prohibition to
elimination, including the ethical participation of children who are often better placed than adults to share
information about their own experiences.

Monitoring should be an ongoing process of collecting and analysing information.10 Ideally, baseline data
should be gathered before the implementation of the law to help in monitoring the change in attitudes,
knowledge and behaviour. The implementation of programmes and interventions to promote non-violent
childhoods should include mechanisms to facilitate monitoring through ongoing data collection and
analysis. Monitoring should follow the progress of planned activities, identify problems, provide feedback to
stakeholders, and solve problems before they cause delays. Results of analysis should be passed to those in
a position to take action.

SDG indicator 16.2.1 requires states to collect data on the proportion of children aged 1–17 years
who experienced any physical punishment and/or psychological aggression by caregivers in the past
month. This data is generally collected using MICS11, VACS12 and administrative data.

Tracking progress on the implementation of the ban on corporal punishment is essential because:
Policymakers need solid and trustworthy data for prevention and interventions.
Lessons can be learned about how future strategies, activities and partners should be identified to
maximise impact.
Children and adolescents will be asked about their experiences of violence, but also be informed
about professional support.
Good planning and coordination of evaluation efforts can lead to more efficient use of resources.
There is little data on non-violent childhoods interventions in low- and middle-income countries.

10
INSPIRE Seven strategies for ending violence against children, p. 90
11
Multiple Indicator Cluster Surveys
12
Violence against Children Surveys
10
The positive impact of prohibition of corporal punishment on children’s lives: messages from research
In New Zealand, where prohibition was achieved in 2007, the rate of approval of corporal punishment
dropped from more than 90% in 1981 to 40% in 2013. Prohibition was achieved in Poland in 2010;
approval of corporal punishment fell by 18% from 2008 to 2013. Romania achieved full prohibition in
2004; the number of children hit by their parents with a hand without leaving a mark fell by 22% between
2001 and 2012.
More information and full references are available at endcorporalpunishment.org/wp-content/uploads/
research/Summary-of-research-impact-of-prohibition.pdf

UN0452571

11
Case studies
Venezuela

Prohibition of corporal punishment in all settings was achieved in 2007 with the amendment of the Organic
Law for the Protection of Children and Adolescents 1998. The amended law requires adults to use non-
violent methods of education and discipline to raise and educate their children. It also requires the state to
put in place protection measures “to abolish all forms of physical and humiliating punishment of children
and young people”. In 2011, the NGO Cecodap ran the campaign “A Passport for Good Treatment” - which
promoted non-violent peer relationships, elimination of corporal punishment and the right to good treatment.
The campaign included the following:

Dissemination of the “Ten Commandments for Good Treatment” booklet.

Production of training materials and training for adults, children and young people.

A mass media campaign to raise awareness about strategies for promoting good treatment of children.

12
Scotland
Corporal punishment of children is prohibited in Scotland under the Children (Equal Protection from Assault)
(Scotland) Act 2019. The Act came into force on 7 November 2020. Scotland is the first part of the UK to take
forward legislation which makes all physical punishment of children unlawful.
The Act puts a duty on the Scottish Ministers to take steps to raise public awareness and understanding
around the effects of the new legislation. In line with that duty and having consulted with stakeholders, the
Scottish Government undertook the following measures:
Publication of information about the Act on:
The Scottish Government website (which contains information about the government’s work)
mygov.scot (information for citizens about access to public services in Scotland).
ParentClub [sic] (a Scottish Government website providing advice and support for parents and carers)

Information about the Act coming into force was posted on various social media platforms (e.g.
ParentClub’s channels and the Scottish Government’s main social media accounts).
Production and publication of promotional materials about the Act to support stakeholders in their work
relating to the Act.
Inclusion of information about the Act in a National Health Service (NHS) publication for new parents in
Scotland called Ready Steady Baby. This publication is made available to all pregnant women in Scotland,
and is also published online.
Preparation and dissemination of a framework document to support delivery bodies and professionals to
develop their own sector-specific information about the ban.
Provision of support for parents and carers through a marketing campaign and digital resources.

The law on all forms of physical punishment of children in Scotland has changed.
On 7 November 2020, all forms of physical punishment of children
became against the law in Scotland.

If you want to know more about this This change in the law is about making
change in the law, please visit our things better for children in Scotland.
website.
Physical punishment is not in the best
This contains information about why this interests of children, and it can be harmful.
law has been introduced and what it does. It includes but is not limited to smacking,
slapping, skelping and pinching.
Our website also includes details about
what we’ve done to prepare for this change We want Scotland to be the best place in
in the law and where support is available the world for children to grow up, and this
for those that want it. legal change supports that aim.

We know it can sometimes be difficult And remember, if you’re a parent,


to cope with being a parent or carer. you’re not on your own.

That’s why we’ve put together some We all find things challenging
advice and tips for keeping calm when sometimes, but you do not need to go it
things get challenging. alone - support is available.

You can find these, and other helpful If you think speaking to someone might
hints, on our ParentClub website. help, you can talk to Children 1st
Parentline. This is a free service.

More case studies may be found in the UNCAT implementation tool on positive discipline (see page 3).
13
[email protected] end-violence.org
endcorporalpunishment.org

@GPtoEndViolence
@GPtoEndViolence
633 Third Avenue, Floor 25, New York, NY 10017 @GPtoEndViolence

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