Latin America - End Corporal Punishment of Children https://endcorporalpunishment.org End corporal punishment of children end violence against children Sat, 07 Oct 2017 08:02:02 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.4 https://endcorporalpunishment.org/wp-content/uploads/Logos-2023/cropped-ECP-Logo-01-32x32.png Latin America - End Corporal Punishment of Children https://endcorporalpunishment.org 32 32 Paraguay becomes 50th state worldwide to prohibit all corporal punishment of children https://endcorporalpunishment.org/paraguay-becomes-50th-state-worldwide-to-prohibit-all-corporal-punishment-of-children/?utm_source=rss&utm_medium=rss&utm_campaign=paraguay-becomes-50th-state-worldwide-to-prohibit-all-corporal-punishment-of-children Fri, 07 Oct 2016 07:44:59 +0000 http://www.endcorporalpunishment.net/?p=1166 On 17 August 2016, the Paraguayan National Congress approved the Law on Promotion of Good Treatment, Positive Parenting and Protection of Children and Adolescents against Corporal Punishment or Any Type of Violence as a Method of Correction or Discipline (Ley de Promoción del Buen Trato, Crianza Positiva y de Protección a Niñas, Niños y Adolescentes […]

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On 17 August 2016, the Paraguayan National Congress approved the Law on Promotion of Good Treatment, Positive Parenting and Protection of Children and Adolescents against Corporal Punishment or Any Type of Violence as a Method of Correction or Discipline (Ley de Promoción del Buen Trato, Crianza Positiva y de Protección a Niñas, Niños y Adolescentes Contra el Castigo Físico o Cualquier Tipo de Violencia Como Método de Corrección o Disciplina), which was enacted by the Executive on 2 September 2016.

This reform makes Paraguay the 10th Latin American state to achieve this fundamental reform for children. Globally, Paraguay is the 50th state to prohibit corporal punishment in all settings, including the home.

Article 1 of the new law confirms the right of the child and adolescent to good treatment and the prohibition of corporal punishment and humiliating treatment (unofficial translation):

All children and adolescents have the right to good treatment and for their physical, psychological and emotional integrity to be respected. This right includes the protection of their image, their identity, their autonomy, their thoughts, their feelings, their dignity and their values.

Corporal punishment and humiliating treatment of children and adolescents is prohibited as a form of correction or discipline, especially when it is imparted by parents, tutors, guardians or anyone responsible for their education, care, guidance, or treatment of any kind.

Children and adolescents are especially entitled to receive guidance, education, care and discipline by implementing guidelines for positive parenting.

The new law puts an emphasis on prevention of corporal punishment and measures to ensure implementation of the law (article 5). It also requires the Ministry of Education and Culture to provide and allocate the necessary means and resources to effectively implement prohibition of corporal punishment in the formal and non-formal education field (article 6) and, together with the Ministry of Public Health and Social Welfare, to establish accessible complaints mechanisms (article 8).

Prior to this reform, corporal punishment was prohibited in shelter homes, in penal institutions and as a sentence for crime in Paraguay, but it was not explicitly prohibited in the home, other alternative care settings, day care and schools.

Further information

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Peru becomes 9th Latin American state to prohibit all corporal punishment of children https://endcorporalpunishment.org/peru-becomes-9th-latin-american-state-to-prohibit-all-corporal-punishment-of-children/?utm_source=rss&utm_medium=rss&utm_campaign=peru-becomes-9th-latin-american-state-to-prohibit-all-corporal-punishment-of-children Sun, 06 Dec 2015 09:24:54 +0000 http://www.endcorporalpunishment.net/?p=1120 On 10 December 2015, the Peruvian Congress approved by a near unanimous vote (74 in favour, one abstention) the Law prohibiting the use of physical and other humiliating punishment against children and adolescents (“Ley que prohibe el uso del castigo físico y humillante contra los niños, niñas y adolescents”). This reform makes Peru the 9th […]

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On 10 December 2015, the Peruvian Congress approved by a near unanimous vote (74 in favour, one abstention) the Law prohibiting the use of physical and other humiliating punishment against children and adolescents (“Ley que prohibe el uso del castigo físico y humillante contra los niños, niñas y adolescents”). This reform makes Peru the 9th Latin American state to achieve this fundamental reform for children, and means that now more than half (54%) of the Latin American child population lives in places where it is unlawful for them to be hit and hurt in the guise of “discipline”.

Globally, Peru is the 48th state to prohibit corporal punishment in all settings, including the home. It means that now a quarter of all UN member states have now achieved a ban, bringing the proportion of the global child population fully legally protected from violent punishment to 10% – a figure still remarkably low but nevertheless increasing.

Article 1 of the new law – which will be signed by the President in the coming days – clearly prohibits corporal punishment in all settings (unofficial and provisional translation):

1. Purpose of the Law

To prohibit the use of physical and humiliating punishment against children and adolescents.

This prohibition applies in all areas where children and adolescents are, including the home, school, community, workplaces and other related places.”

The law defines physical punishment in article 2 as “the use of force, in the exercise of powers of upbringing or educating [children or adolescents], intended to cause some degree of pain or discomfort in order to correct, control or change the behaviour of the children and adolescents”. Humiliating punishment is defined as “any offensive, denigrating, devaluing, stigmatizing or mocking, in the exercise of the powers of upbringing or education, in order to correct, control or change the behaviour of children and adolescents”.

The law amends the Code of Children and Adolescents by inserting a new article 3-A confirming the right to good treatment. It also explicitly repeals article 74(d) of the Code on Children and Adolescents and article 423(3) of the Civil Code, both of which authorise parents and others to “moderately correct” children.

Further information

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Continuing the drive towards prohibition in Latin America – updated briefing from the Global Initiative https://endcorporalpunishment.org/continuing-the-drive-towards-prohibition-in-latin-america-updated-briefing-from-the-global-initiative/?utm_source=rss&utm_medium=rss&utm_campaign=continuing-the-drive-towards-prohibition-in-latin-america-updated-briefing-from-the-global-initiative Fri, 08 May 2015 10:46:14 +0000 http://www.endcorporalpunishment.net/?p=1079 Latin America is making remarkable progress towards prohibiting all corporal punishment of children. Eight of the 19 Latin American states have now enacted legislation which protects children from corporal punishment in all settings, including the home; prohibition is actively under discussion in others. And while globally just 9% of children are fully protected in law […]

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Latin America is making remarkable progress towards prohibiting all corporal punishment of children. Eight of the 19 Latin American states have now enacted legislation which protects children from corporal punishment in all settings, including the home; prohibition is actively under discussion in others. And while globally just 9% of children are fully protected in law from all corporal punishment in all settings, in Latin America the figure is more than five times as much (49%).

This briefing, published jointly by the Global Initiative, UNICEF and Save the Children, graphically illustrates the progress made to date in the region, and sets out what needs to be done in those states that have yet to achieve law reform. Crucially, it identifies immediate opportunities for drafting and introducing prohibiting legislation.

“Our societies and legal systems do not tolerate violence as a way of interpersonal interaction or conflict resolution among adults. Children are not second-class citizens; on the contrary, they deserve special protection from their family, society and the state. States must send a clear message by urgently prohibiting all forms of violence against children, including violence disguised as discipline.” (Rosa Maria Ortiz, Rapporteur on the Rights of the Child, Inter-American Commission on Human Rights)

The briefing – in English and Spanish – is being distributed at the 6th World Congress on School Violence and Public Policies in Lima, Peru, May 2015. It is available here (in English and Spanish).

A limited number of hard copies is available for advocacy purposes, email info@endcorporalpunishment.org.

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Another Latin American state protects children from all corporal punishment https://endcorporalpunishment.org/another-latin-american-state-protects-children-from-all-corporal-punishment/?utm_source=rss&utm_medium=rss&utm_campaign=another-latin-american-state-protects-children-from-all-corporal-punishment Sat, 06 Dec 2014 08:50:48 +0000 http://www.endcorporalpunishment.net/?p=1047 Nicaragua has become the eighth state in Latin America to achieve law reform to fully prohibit children from corporal punishment in the home and all other settings. Following quickly on from reform in Argentina, Brazil and Bolivia this year, the Nicaraguan National Assembly approved the new Family Code 2014, which states in article 280 (unofficial […]

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Nicaragua has become the eighth state in Latin America to achieve law reform to fully prohibit children from corporal punishment in the home and all other settings. Following quickly on from reform in Argentina, Brazil and Bolivia this year, the Nicaraguan National Assembly approved the new Family Code 2014, which states in article 280 (unofficial translation):

“The father, mother, or other family members, guardians or other persons legally responsible for the son or daughter have the responsibility, the right and duty to provide, consistent with the child’s evolving capacities, appropriate direction and guidance to the child, without putting at risk his or her health, physical integrity, psychological and personal dignity and under no circumstances using physical punishment or any type of humiliating treatment as a form of correction or discipline.

“The Ministry of Family, Youth and Children, in coordination with other state institutions and society shall promote forms of positive, participatory and non-violent discipline as alternatives to physical punishment and other forms of humiliating discipline.”

The new Code was published in the Official Gazette on 8 October 2014, and will take effect on 8 April 2015.

In addition, on 14 November 2014 – following sustained advocacy by the Group for Good Treatment, coordinated by the Ombudsperson for Children – the Ministry of Family, Adolescents and Children issued Resolution No. 244/2014 confirming prohibition of all corporal punishment in all protection centres for children.

With this reform there are now 44 states worldwide where corporal punishment of children is prohibited in all settings including the home.

For further information, see the states prohibiting page, and the detailed country report on Nicaragua.

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Landmark law passed in Argentina https://endcorporalpunishment.org/landmark-law-passed-in-argentina/?utm_source=rss&utm_medium=rss&utm_campaign=landmark-law-passed-in-argentina Mon, 06 Oct 2014 07:10:53 +0000 http://www.endcorporalpunishment.net/?p=1029 In a ceremony held on 7 October 2014 in the Bicentennial Museum, Buenos Aires, the President of Argentina Cristina Fernandez de Kirchner promulgated the new Civil and Commercial Code, which will come into force in January 2016. Article 647 of the Code explicitly prohibits all corporal punishment of children (unofficial translation): “All forms of corporal […]

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In a ceremony held on 7 October 2014 in the Bicentennial Museum, Buenos Aires, the President of Argentina Cristina Fernandez de Kirchner promulgated the new Civil and Commercial Code, which will come into force in January 2016. Article 647 of the Code explicitly prohibits all corporal punishment of children (unofficial translation):

“All forms of corporal punishment, ill-treatment and any act that physically or mentally injures or impairs children and adolescents are prohibited….”

The reform makes Argentina the seventh Latin American country to enact legislation fully protecting children from all corporal punishment, including within the home – giving full legal protection from this form of violence to 47.6% of the region’s children. The total number of states to achieve this worldwide is now 41 (protecting 9.1% of the world child population).

For further information, see the states prohibiting page, and the detailed country report on Argentina.

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New briefing on progress towards prohibition in Latin America https://endcorporalpunishment.org/new-briefing-on-progress-towards-prohibition-in-latin-america/?utm_source=rss&utm_medium=rss&utm_campaign=new-briefing-on-progress-towards-prohibition-in-latin-america Sun, 05 Oct 2014 07:08:13 +0000 http://www.endcorporalpunishment.net/?p=1027 The past six months have seen three Latin American states enact prohibition of all corporal punishment, bringing the number of states in the region in which children are legally protected from violent punishment in all settings of their lives to seven. Governments in at least a further six states have expressed a commitment to law […]

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The past six months have seen three Latin American states enact prohibition of all corporal punishment, bringing the number of states in the region in which children are legally protected from violent punishment in all settings of their lives to seven. Governments in at least a further six states have expressed a commitment to law reform, and many states are now reforming their laws to strengthen children’s protection from violence and recognise their right to good treatment. But much still remains to be done. Twelve states in the region have yet to prohibit all corporal punishment and almost three in five children in Latin America can still lawfully be hit and hurt by those closest to them.

In this context, the Global Initiative’s new briefing aims to promote action for prohibition across Latin America. It highlights the human rights imperative to prohibit all violent punishment of children and illustrates progress towards prohibition across the region. Emphasising that many immediate opportunities for working to fulfill children’s right to protection in law from all corporal punishment exist across the region, it underlines that now is the time to consider what can be done to speed progress towards universal prohibition and elimination across Latin America.

The briefing is available in English and Spanish.

Hard copies are available from info@endcorporalpunishment.org.

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Bolivia becomes sixth Latin American state to prohibit all corporal punishment https://endcorporalpunishment.org/bolivia-becomes-sixth-latin-american-state-to-prohibit-all-corporal-punishment/?utm_source=rss&utm_medium=rss&utm_campaign=bolivia-becomes-sixth-latin-american-state-to-prohibit-all-corporal-punishment Mon, 04 Aug 2014 06:43:41 +0000 http://www.endcorporalpunishment.net/?p=1012 On 17 July 2014, the President of Bolivia signed into law a new Children and Adolescents Code for the country. The Code explicitly prohibits all corporal punishment of children, including in the home. Article 146 provides for the “right to good treatment”, stating (unofficial translation): The child and adolescent has the right to good treatment, […]

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On 17 July 2014, the President of Bolivia signed into law a new Children and Adolescents Code for the country. The Code explicitly prohibits all corporal punishment of children, including in the home. Article 146 provides for the “right to good treatment”, stating (unofficial translation):

The child and adolescent has the right to good treatment, comprising a non-violent upbringing and education, based on mutual respect and solidarity. (2) The exercise of the authority of the mother, father, guardian, family members and educators should use non-violent methods in parenting, education and correction. Any physical, violent and humiliating punishment is prohibited.

Article 117 confirms that physical punishment is prohibited in schools; article 338 prohibits its use in specialised centres (orientation and social reintegration centres), and article 342 states the right of children and adolescents deprived of their liberty not to be subjected to corporal punishment.

The Code came into force on 6 August 2014, making Bolivia the sixth Latin American state to prohibit all corporal punishment, the 39th state worldwide.

For further information, see “Countdown to prohibition“, “States prohibiting“, and the detailed country report on Bolivia.

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