萬國法律事務所

On November 28, 2024, the Executive Yuan of Taiwan approved a draft amendment to Article 1085 of the Civil Code regarding parental discipline. This measure is in  alignment with Article 19 of the United Nations Convention on the Rights of the Child (CRC), which mandates that state parties adopt all appropriate legislative, administrative, social, and educational measures to protect children from all forms of physical and mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse. . The amendment asserts that parents’ duty toward the protection and upbringing of minor children should be carried out in a manner conducive to their growth and free from any physical or mental violence.
 
Under the current law, Article 1085 of the Civil Code retains the provision stating, "Parents may, within the limit of necessity, punish their children." The proposed amendment, however, alters this provision to state, "Parents should protect, educate, and maintain their minor children by considering their age and developmental level, and respect the children’s dignity, refraining from any physical or mental violence against them."
 
The Executive Yuan emphasized that the term "punish" is outdated, and "educate and maintain" has become the prevailing terminology. Courts currently adhere to the principle that children should not be subjected to harm to their physical or mental health. The proposed amendment aligns with judicial trends and is not expected to result in drastic changes to parental education or judicial decisions. Like similar legislative changes in neighboring South Korea (2021) and Japan (2022), this amendment is intended to update the language in accordance with international trends, clarifying the principles governing the exercise of parental guidance rights and avoiding confusion.
 
However, some critics have raised concerns about the provision prohibiting "any physical or mental violence against children," arguing that it is overly vague and could potentially prevent parents from taking immediate disciplinary actions or providing legitimate guidance in situations where children engage in dangerous behaviors, such as playing with fire or crossing the street without caution.