Executive Yuan proposes ban on corporal punishment by parents

Taipei, Nov. 28 (CNA) The Executive Yuan on Thursday approved draft legal amendments that would rescind the right of parents to use physical force to punish their children.

The draft amendments put forward by the Ministry of Justice seek to change Article 1085 of the Civil Code, which currently states that parents "may, within the limit of necessity, inflict punishment upon their children."

The revised version of the article would instead state that parents should "give consideration to their children's age and level of development, respect their personalities, and not engage in mentally or physically violent behavior against them."

The proposal will now be sent for review by the Legislature.

In a report on the issue, the Ministry of Justice said it had made the proposal with reference to the U.N.'s Convention on the Rights of the Child, recommendations by the National Human Rights Commission, and similar legislative changes made in Japan and South Korea.

If the changes are approved, the ministry will also propose related amendments to the Protection of Children and Youths Welfare and Rights Act, it said.

Lin Ming-hsin (林明昕), a minister without portfolio who oversaw the drafting of the bill, said at a news briefing that Taiwanese courts in recent years had "drawn a red line against" parents punishing their children in ways that harmed their physical or mental health.

The proposed legal revisions follow this trend and if adopted, could effect "dramatic changes" on both court verdicts and parent education, Lin said.

Although corporal punishment is prohibited in Taiwanese schools, it remains relatively common in the home.

According to a 2022 survey by the Child Welfare League Foundation, 63 percent of parents said they had disciplined their children with corporal punishment.

Additionally, 62.6 percent of parents had disciplined their children with "verbal violence," including by threatening them with violence (52.5 percent), scolding them loudly in public places (36.8 percent), or using "derogatory discipline" (18.5 percent), the survey found.