Child protection against corporal punishment in myanmar study of provisions and reality

ABSTRACT This study explored the factors behind the enactment of the new 2019 Child Rights Law CRL in Myanmar, which legally prohibited corporal punishment in homes.. Thus, the following

VIETNAM NATIONAL UNIVERSITY, HANOI

VIETNAM JAPAN UNIVERSITY

MAY THU AUNG

CHILD PROTECTION AGAINST

CORPORAL PUNISHMENT IN MYANMAR: STUDY OF PROVISIONS AND REALITY

MASTER THESIS

VIETNAM NATIONAL UNIVERSITY, HANOI

VIETNAM JAPAN UNIVERSITY

MAY THU AUNG

CHILD PROTECTION AGAINST

CORPORAL PUNISHMENT IN MYANMAR: STUDY OF PROVISIONS AND REALITY

MAJOR: MASTER OF GLOBAL LEADERSHIP CODE: …8310210.01QTD

RESEARCH SUPERVISORS:

Prof Dr KATSUMA, YASUSHI Prof Dr PHAM HONG TUNG

Hanoi, 2022

ACKNOWLEDGEMENTS

My gratitude towards my thesis supervisors Dr KATSUMA YASUSHI and Dr Pham Hong Tung are not replaceable Without the guidance from their profound knowledge, this master thesis could not be finished Moreover, I have a special person

to appreciate who is Dr Jung Hyun Ryu She is very kind, friendly and ready to support whenever the students ask her for help Her teaching and support positively impacted my academic work and the thesis writing as well Another is Dr Ilju Kim from Waseda University, Japan During the virtual internship period, I could learn the specialized Qualitative Research Method and finally, I could apply it practically for

my research methodology

I owe my thanks to all professors over the past two years who gave lectures and taught me very important topics about global issues With all their training, I could decide on this topic which needs to be solved urgently to comply with the global norms and SDG Besides, I also express my deep appreciation to my family for their encouragement and the respondents who voluntarily agreed to take the interviews by sharing the unique and essential pieces of information for data analysis

ABSTRACT

This study explored the factors behind the enactment of the new 2019 Child Rights Law (CRL) in Myanmar, which legally prohibited corporal punishment in homes The national struggles to pass corporal punishment provisions and the challenges to enforcing the law were then inquired about Thus, the following questions were conducted in this study: (1) What factors led Myanmar's Child Rights Law (CRL) to prohibit child corporal punishment by parents at home? (2) What national struggles were encountered to promulgate the provision of child corporal punishment by parents at home in 2019 under the CRL? and (3) What challenges are there to implementing the provisions of child corporal punishment at homes in Myanmar?

To be a well-designed case study, even if this is a single unit study, two different methods of data collection, such as in-depth interviews and document analysis, which supplement the sources of interviews (Bowen, 2009), were conducted Specialists in child protection and child rights who worked closely on the national level to reform the law were interviewed Moreover, the reports, the Committee on the Rights of the Child’s summary records, and news were collected for document analysis The significance of this study is to contribute to the limited research on the issue of corporal punishment in Myanmar and to obtain insightful information on the legalization of corporal punishment in homes

The analysis shows that UNCRC and domestic-level factors such as political transition, the government’s desire, and the engagement of NGOs drove Myanmar towards law reform to enact the new CRL However, on a regional level, ASEAN’s call for prohibiting corporal punishment in homes is less significant to Myanmar The Myanmar government did not actively respond to the actions of ASEAN in the same way that it did to the CRC The engagement between NGOs and the government in advocating for the CRL was limited However, after 2015, the collaboration between relevant entities such as the Department of Social Welfare (DSW), Parliament, and NGOs improved

Furthermore, it is discovered that most parliamentarians and the Ministry of Education (MoE) were unwilling to prohibit corporal punishment Then, when the

implementation stage arrived after CRL had been enacted in 2019, unexpected circumstances such as the COVID-19 pandemic and a military coup took place As a result, the further implementation of the CRL Rule has been delayed It is necessary to guide who, and which committees and subcommittees, undertake the implementation

of the CRL and how Without it, a child policy and child protection plan cannot be developed, and thereby, the human, technical, and budgetary resources for the child protection sector will not be resolved Moreover, the traditional child chastisement has also been widely accepted and practiced in the community, even to this day

Overall, the CRC is a more powerful international actor in promoting child rights law in Myanmar, which includes the prohibition of corporal punishment In contrast, the regional actor, ASEAN, which is less effective in pushing Myanmar to eliminate corporal punishment at all setting including home As part of the national struggle, the government is reluctant to adopt the legal prohibition of corporal punishment, while child-focused NGOs unanimously support it Although the CRL was successfully enacted, enforcing the prohibition on corporal punishment in the home remains challenging

Keywords: Child Protection, Corporal Punishment, Parents, Provisions, Myanmar

2.1.1 Theoretical Perspective on the Child Rights 8 2.2 The Convention on the Rights of the Child (CRC) 9

2.2.1 Child Protection and Physical Violence 10

2.4 Corporal Punishment and Negative Consequences 12

4.1 What factors led Myanmar's Child Rights Law (CRL) to prohibit child corporal

4.1.1 International factor 20

4.1.2 Regional factor 22

4.1.3 Domestic factors 24 4.2 National struggles for provisions of corporal punishment by parents at home in

4.3.1 Budget Allocation 36

4.3.2 Human and Technical Resources 37

4.3.3 Case Management System (CMS) 38

4.3.4 Law Enforcement 40

4.3.5 Cultural and Social Norms 40

4.3.6 Public Education 42

APPENDIX 1 States achieved in prohibiting CP at homes 50 APPENDIX 2 States committed to prohibiting corporal punishment at homes 52

i

LIST OF TABLES

Table 3.3 Analytical Framework ……… 16

LIST OF FIGURES

Figure 2.5.1 Percentage of Global Legal Prohibition to Corporal Punishment…… 13 Figure 3.1 Conceptual Framework ……… 15

iii

LIST OF ABBREVIATIONS

ACF: ASEAN Children’s Forum

ACWC: ASEAN Commission on the Promotion and Protection of the Rights of Women and Children

ASEAN RPA: ASEAN Regional Plan of Action

CL: Child Law

CMS: Case Management System

CR: Child Rights

CRC: Convention on the Rights of the Child

DGDs: Days of General Discussion

DSW: Department of Social Welfare

EVAC: Elimination of Violence against Children

GC: General Comment

GoM: Government of Myanmar

INGOs: International Non-governmental organizations

LMC: Low- and Middle-Income Countries

MoSWRR: Ministry of Social Welfare, Relief and Resettlement

NCRC: National Committee on the Rights of the Child

NCRWG: NGOs Child Rights Working Group

SDG: Sustainable Development Goals

TOR : Terms of Reference

TWRC: Township Committee on the Rights of the Child

UDHR: Universal Declaration of Human Rights

UNCRC: United Nations Committee on the Rights of the Child

CHAPTER 1: INTRODUCTION

1.1 Background of the Study

Violence against children is a universal problem that crosses all boundaries of ethnicity, class, religion, and culture While hierarchical social structures have existed

in many cultures in the past, violence and threats have traditionally been used to control those in lower positions Even relationships within a family are affected by these structures and practices (World Report, 2006) Toxicants linked to violence in early childhood have been shown to permanently damage the development of the children’s brains (Bauld, 2019) Children can be aggressive, possess traits such as substance abuse and anti-social behaviors, and commit crimes, including sexual offenses, like a perpetrator, as a long-term effect Young adults and caregivers who are exposed to violence as children are more likely to perpetuate it in their own lives, resulting in a new generation of victims Children learn that using violence against the weak, passive, or peaceful is acceptable because they have been the victims, perpetrators, and witnesses of violence in their communities

Many violations have been happening to children around the world One of the most common forms of child physical violence is corporal punishment (Law Reform Guide, 2019), but that punishment in the family does not take much consideration, although it is very critical to deal with the children’s development According to the Law Reform Guide (2019), reforming the law clarifies to children, parents, educators, and social service providers that violence is unacceptable and improves law enforcement Evidence from states that have successfully prohibited the practice of corporal punishment demonstrates that the legal provisions for the protection of children are effective in bringing about behavioral change Even though changes to the law are unlikely to be sufficient to end the practice of corporal punishment, it is an important measurement for prevention that can help raise public awareness, educate people about children's rights to protection, and lay the foundation for a shifting societal norm away from that practice

More countries than ever before have pledged to end violence against children

in collaboration with the international community, and the need to outlaw all forms of corporal punishment of children has gradually gained acceptance On a global scale,

63 countries (see Appendix 1) have prohibited corporal punishment at home, and another 28 states (Appendix 2), including Myanmar, gave their full commitment to the legalization of corporal punishment prohibition (ASEAN Briefing, 2021) It is a positive sign that the number of states that have committed to ending corporal punishment in all settings, even the home setting, is increasing With these current commitments by state parties on the problem of corporal punishment at home, it is necessary to understand how a country developed the law to protect children from a rights-based perspective

Myanmar signed the CRC in 1991, which it did with reservations (Leblanc, L J., 1996) to Articles 15 and 37 of the CRC Now, Myanmar has already withdrawn all those reservations (Children in ASEAN: 30 Years of CRC) The government of Myanmar passed the country's first child law (CL) in 1993 Sections 30 and 31 of the

CL state that every child must follow age-appropriate ethics and discipline To ensure the practice of children abiding, parents, teachers, and guardians shall give children guidance Myanmar also had a national plan of action for children (2006 - 2015); however, there were no obvious results for child protection After 2015, there was no national action plan for children Recently, Myanmar amended the 1993 Child Law and successfully enacted the new Child Rights Law (CRL) in 2019 The legal and policy reforms, such as drafting the rule and procedure of the CRL and the child protection policy, progressed prominently with the support of UNICEF and other INGOs and NGOs After 2019, Myanmar was confronted with several challenges involving the COVID-19 pandemic and internal political conflicts These condemned Myanmar's child protection processes and developments To protect the children from physical violence, it also needs to study the situation of corporal punishment behind the current legal framework in Myanmar It can aid in better understanding of the risks and challenges that law enforcement faces in preventing and protecting children from corporal punishment

1.2 Problem Statement

Myanmar is rich in cultures and composed of various ethnicities People in Myanmar take pride in high family values and family spirit in this regard As children are regarded as jewels of the family and cherished, they are being nurtured to become good citizens and correspond to the traditions, customs, and religious teachings In addition, the duties of parents and children have been prescribed and practiced traditionally since long ago, which are the guiding norms of Myanmar customs It has

a strong influence on parents' child-rearing practices, as does the use of corporal punishment as a standard method Although there is no specific data on the rate of children who are punished physically in all settings, it is obvious that, for a person living there long-term, cases of corporal punishment are widespread in the community and their use as a disciplinary method by parents is common

Myanmar became a signatory state party to the CRC in 1991 and passed the first CL in 1993 as per the obligations of a state party to the CRC Meanwhile, the National Committee on the Rights of the Child (NCRC) was established to promote child rights in Myanmar The situation of corporal punishment had not improved significantly since that time Except for a sentence for a crime, corporal punishment was lawful in other settings such as homes, schools, alternative day care, and penal institutions (Owen, 2015) In 2019, the greatest achievement for all children was accomplished by enacting the CRL, which includes the prohibition of corporal punishment in all settings It is a milestone to improve child protection and prevent corporal punishment from all persons even, from the parents, but End Corporal Punishment Against Children, 2020 demonstrated that there is a lack of legal analysis

to confirm the prohibition and whether it has been achieved in Myanmar

In the region, no ASEAN country has achieved the prohibition of corporal punishment at all settings, and only the four countries (Cambodia, Indonesia, Philippines, and Myanmar), which publicly indicated their commitment to enacting legislation (ASEAN Briefing, 2021) Unlike other ASEAN countries, the deplorable situation of political instability remains in Myanmar, and it shapes many social problems Civil wars have been seen in Myanmar since independence was gained from the British Empire in 1948 In the past decades, the country experienced an

authoritarian political system led by the military; thus, the opportunity for comprehensive child rights was not properly promoted Raising the issue of corporal punishment by parents and teachers in Myanmar was just the stuff of imagination on the international discussion table In the 2008 Constitution, the article of equal rights for women and children is prescribed, but the political system was not opened enough

to preventing human rights and child rights violations Moreover, the participation of civil society was limited Without a doubt, studying the case of child corporal punishment legislation in homes in the CRL is academically relevant, as it passed through many difficulties at the domestic level, such as political and social ones, as well as the influences of international and regional actors Furthermore, exploring the recent challenges of corporal punishment prohibition is quite suitable towards further legal analysis in the Myanmar

1.3 Purpose of the Study

Firstly, this study intends to explore the factors behind the enactment of the new

2019 Child Rights Law (CRL) in Myanmar, which legally prohibits corporal punishment in homes Consideration of the international level, regional level, and domestic level will guide the main research question Secondly, the national struggles

to pass the provisions of corporal punishment and, finally, the challenges to enforcing the law will be discussed in the following chapters Therefore, the author aims to answer the following questions:

1 What factors led Myanmar's Child Rights Law (CRL) to prohibit child corporal punishment by parents at home?

1.1 How did the international factors influence the decision of Myanmar government?

1.2 How did the regional factors influence the decision of Myanmar government?

1.3 How did the domestic factors influence the decision of Myanmar government?

2 What national struggles were encountered to promulgate the provision of child corporal punishment by parents at homes in 2019 Child Rights Law (CRL)?

3 What challenges are there to implement the provisions of child corporal punishment in Myanmar?

1.4 Significance of the Study

The study can contribute to the very limited research on the issue of corporal punishment under the pillar of child protection in Myanmar Through this study, many scholars, policymakers, advocates, and social workers working in child rights will obtain insightful information about the legalization of corporal punishment in homes

"A child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier." (CRC, art 1, 1989)

Corporal Punishment

Based on many literatures, the term "corporal punishment" had been defined by scholars and experts in common Thus, finally, the definition from the committee of the rights of the child has been excerpted in this study

Corporal punishment is defined as punishments that involve the use of physical force and that are intended to cause pain or discomfort to a person, even if they are light (Committee on the Rights of the Child, GC 8)

Child Protection

Child protection is a specialized field, and it keeps the children safe from

physical and emotional harm It is also a system to measure and structure prevention and address child abuse, neglect, exploitation, and other forms of violence (Save the

Children, 2007)

Provision

The CRC’s announcement of "fullest provision" means that everyone has the right to have access to all the necessities of life: health care, education and childcare, and arts and culture The CRC specifies that young people have a right to the provision

of sufficient services and resources to reach their full potential (Ruck & Horn, 2008)

Available Resources

The term "available resources" encompasses not just financial ability but also human and organizational means, and it's also important to consider the quality of these means rather than just their quantity (DGDs, 2007)

CHAPTER 2: LITERATURE REVIEW

2.1 Global Perspective on the Children and Family

Child protection guarantees all the activities, such as the right to live, the right to grow, the right to develop, and the right to participate, in accordance with human dignity (Srikandi, 2020) Society was primarily concerned with protecting and ensuring the rights of children; therefore, the physical well-being and basic requirements of children received a great deal of attention, while frequent attention was paid to dangers to children's lives (Archard 1993; Brandon et al 1998) Alaimo (2002) described that the rights in the UNCRC include the right to be safe from harm and abuse, to possess a happy childhood, to become an autonomous person, and to express their opinions in the decisions that affect and concern them personally

Families are the smallest units of society The way they develop will have a significant impact on the overall development of the community (Astuti et al., 2017) Family is recognized as one of the most important aspects of childcare, according to Srikandi (2020) In various functions that are important in raising children, the family has several roles to play in childcare For instance, biological, educational, religious, protection, socialization, affection, economic, and recreational functions the process of educating, nurturing, and caring for children from birth until they reach adulthood must be considered Furthermore, family involvement is critical in child protection because it can have a significant impact on how children develop their personalities and character Children are raised and educated by their families, and their parents serve as role models for their children to look up to Firdaus & Ansori (2019) also stated that the family has a role to play in the upbringing and family life of the child in the community Therefore, it is necessary to take into consideration the parent-child issues and the results of using physical violence to discipline the children in the family

Nilsson (2002) depicts adult-child power relations and attitudes toward child rearing as shaped by normative constructions of discipline techniques Meanwhile, the ideology of authoritarianism pushes people who are incapable of critical thinking and self-discipline to feel fear by using the form of punishment so that obedience is gained,

according to Dawes et al (2005) Bartholdson (2001) also points out that corporal punishment is an integral part of it As a result, ideologies about the family, children, and patriarchy play a significant role in society Those social constructions shaped the relationships with children

2.1.1 Theoretical Perspective on the Child Rights

Children undoubtedly have fundamental human rights because they are humans Childhood is not a position that is always accompanied by prejudice or oppression It

is a stage in human growth that everyone goes through In line with current international and regional human rights frameworks, Emelonye (2018) argues that the philosophical orientation of child rights is inclusive since it combines the benefits of natural law and legal positivism People around the world agree that human rights are the fundamental moral principles that are both normatively established and inhered in people because of their humanity Human rights and child rights both have philosophical roots

Children are seen to have the rights that are normatively defined and particularly and affirmatively applicable to them because of their age, degree of mental development, natural fragility, and weakened culpability There are numerous philosophical foundations that present various and frequently intertwined human rights All these theoretical foundations, though they have an impact on how law and human rights are conceptualized generally, are not always pertinent to the universalist view of children's rights In terms of inclusive legal positivism, it places children's rights within the confines of what is required by law Nevertheless, the philosophical strand of natural law holds that children's rights belong to people of a certain age simply because they are members of humans

The dual effects of natural law and positive law are demonstrated and corroborated in inclusive legal positivism's treatment of children's rights The reason for this is that, even though natural law emphasizes children's inherent dignity, vulnerability, and mitigated culpability on account of their membership in a particular class of humans, the positive law expediency is clear in the fact that child rights are what the law has defined them to be As a result, when children's rights are protected under inclusive legal positivism, the intersection of natural law and positive law

reveals itself through the positive propagation of moral norms that are beneficial to children When morality is enshrined in law, it builds upon the individual virtues of positive law and natural law to give citizens strong justifications for demanding their rights and for the government to uphold those rights As a result, to effectively protect children's rights, worldwide and national agreements, treaties, conventions, and laws must be codified These documents must go beyond the spirit of the law and reflect societal values (Marsh & Payne, 2007)

2.2 The Convention on the Rights of the Child (CRC)

The concept of child protection provision, which has now become part of children's rights, spread internationally after World War I At the very beginning, the Geneva Declaration on the Rights of Children was adopted by the League of Nations

in 1924 Children have certain "rights," and this declaration provides "a concise list of what society owes the child." It was a matter of "receiving" rights in the form of obligations to do things for the child rather than it being against the law for them to

"do" or "act" on their own accord as individuals (Kosher et al., 2016)

At the UN General Assembly in 1959, it was agreed that each individual child has the right to a "happy childhood," which included 10 non-legally binding principles According to the provisional protection view of children's rights, this declaration still holds that children are dependent upon and vulnerable Cohen (2002) depicts that the language used reflects the prevailing view of children as "objects" in need of

"services," meaning that the individual rights of children to participate were not mentioned or supported "The International Year of the Child" was established by the

UN in 1979 to commemorate the 1959 declaration's twentieth anniversary Continuously, a new treaty on children's rights was proposed as part of the celebration, and finally, in November 1989, the UN General Assembly passed the CRC (Kosher et al., 2016)

The CRC is the most comprehensive international convention because it has set out the rights of children in all dimensions: political, civil, social, and economic (Ruck

& Horn, 2008); meanwhile, it focuses on a full range of children's rights (Ben-Arieh, 2005) First, the CRC was signed by the largest number of signatories from 192 state parties on the day of its signing ceremony in 1990, as noted by Cohen (2002) As a

second benefit, the convention came into effect more quickly than other human rights treaties before it Third, by 1997, it had become the world's most ratified treaty for human rights Another unique feature of this 42-article treaty is the inclusion of human rights for civil and political purposes, as well as economic, social, cultural, and humanitarian rights (Krappmann, 2010)

To ensure that children's rights are protected, the CRC provides a legal framework that includes detailed standards Non-discrimination, the best interest of the child, the right to life, survival, and development, and respect for the child’s views are all covered by this convention Clearly, the promotion of preventing violence and responses to safeguard all children against all types of violence are also included Falch-Eriksen & Backe-Hansen (2018) posit that the CRC is more than an international human rights treaty; it is a set of legal norms that legislators use to codify child protection systems

2.2.1 Child Protection and Physical Violence

The CRC states that children are right holders and have their own set of rights The Universal Declaration of Human Rights’ (UDHR) Article 7 describes that "all are equal before the law and entitled without discrimination to equal protection of the law." It is equivalent to Article 2 of the Convention on the Rights of the Child, which states that a child's right is to be free from all forms of discrimination The Declaration

of Rights of the Child affirms that a child needs "special safeguards and care" because

of his or her "physical and mental immaturity" after birth Similarly, protection rights are one of three components of the CRC, along with provision rights and participation rights (Hammarberg, 1990) Examples of protective rights include the right to be shielded from mistreatment, abandonment, exploitation, and hazardous labor, as well

as from war, intrusive research, and ecological changes (Kosher et al., 2016) Articles

of the CRC deal specifically with the right of children and adolescents to adequate services and resources for their development (Ruck & Horn, 2008) In the CRC, the two articles are very crucial to forming the framework for protecting children as state parties’ mandate Article 19 of the CRC states that children have the right to protection from physical and emotional abuse, neglect, sexual abuse, and exploitation while in the custody of their parents or another adult It has been regarded as the essential

clause for confronting and eradicating all forms of abuse or violence against children Article 3 paragraph 2 of the CRC points out that children have the right to equal protection and care that is needed for their well-being

Physical abuse of children is a worldwide issue that manifests itself in various forms and contexts and is frequently rooted in socioeconomic and cultural norms (World Report on Violence against Children, 2006) Violence includes "physical or mental violence, injury, and abuse; neglect or negligent treatment; maltreatment or exploitation, including sexual abuse" (CRC, art 19, 1989) Additionally, the 2002 World Report on Violence and Health described it as "the intentional use of physical force or power against a child by an individual or group that results in or has a high likelihood of harming the child's health, survival, development, or dignity."

The most trusted persons in children's lives, such as their parents, relatives, teachers, classmates, and neighbors, can inflict violence on them There is absolutely

no justification for violence against children A child's exposure to violence, regardless

of the form, can have serious and long-lasting consequences According to the global initiative to end violence against children (2015), to create peaceful and rights-respecting societies, violent punishment must be abolished Likewise, ending violence against children can improve and help achieve Sustainable Development Goals (SDG) targets 16.1, 16.2, and the other relevant SDG targets such as 3.d, 4.a, 5.2, and 10.3

2.3 ASEAN and Child Protection

ASEAN is not primarily conceived of as a human rights organization; human rights have only recently gained a place on the regional agenda of this instance ASEAN began the promise of promoting children through regional cooperation by reaffirming the 2001 declaration on children's commitments, which is a starting point for increasing willingness on child protection as a priority aspect on the agenda The purpose of the declaration is to guarantee ASEAN’s commitments, which are to

"create opportunities for children to express their views, advocate their rights, and participate in development," as described in Article 6 Specifically, the declaration calls governments in every member state to protect children from all forms of

"violence, abuse, neglect, trafficking, and exploitation" (Article 15) in all spheres of the child’s development

Then, in 2010, to ensure the women and children fully benefited from the process of integration and community building in the region, the Hanoi Declaration strengthened the commitment of ASEAN where it emphasizes involvement with organizations working on family, women, and children’s issues The family could develop and strengthen the family's resilience and capacity in this new challenging time with rapid social, economic, and environmental changes Likewise, the CRC and ASEAN set up the goals regarding the child's rights to survival, protection, development, and participation in a comprehensive and systematic way (Hanoi Declaration, art 16) With special attention, the Hanoi Declaration called for the establishment of the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) and the ASEAN Children’s Forum (ACF) The mandate of ACWC is to "promote and protect human rights and fundamental freedoms of women and children in ASEAN," according to Article 2 of the Terms of Reference (TOR) of ACWC

One of the important documents, the ASEAN guidelines, follows Art 19 of the CRC, and GC 13 (GC 8), which relates to the children who are potentially vulnerable

or exposed to violence, serves as guidance It also acts as an example to all those who nurture and care for children to enable them to attain their full potential and well-being and work towards the elimination of violence against children The guidelines cover a non-violent approach consisting of the rights of the child stated in the CRC, the stages

of child development, positive communication, positive discipline, and the

empowerment of children for their own self-protection

2.4 Corporal Punishment and Negative Consequences

According to UNICEF, an estimated 10 percent of children around the world are not legally protected from corporal punishment Approximately 300 million children aged between 2 and 4which can be calculated as 3 out of 4 are routinely subjected to harsh discipline with punishment by the caretakers, and 250 million or around 6 in 10 are punished by physical means (UNICEF, 2007) Slapping, grabbing, spanking, and shaking a child roughly with more force than necessary is the most common form of corporal punishment, and "beating" is often used as a synonym for any form of corporal punishment in poor and minority communities Corporal

punishment is correlated with mild and severe negative health issues and behaviors that can persist into adulthood and promote intergenerational violence Moreover, children who were physically punished were more likely to engage in aggressive or antisocial behavior as adults and to become the victims and perpetrators of violence

According to McCord (2008), when punishment is used, it is counterproductive The first is that punishments instill in children the idea that it is acceptable to inflict pain on others, at least under certain circumstances They may agree that inflicting pain on others to exert control over them is acceptable in some cases Second, punishments, on the other hand, limit the ability of punishers to influence children's behavior As a result, parents may find it more difficult to teach their children appropriate behaviors if they are subjected to harsh punishment on a regular basis Even if some punishment is generated by misbehavior, its use has failed to curtail the misbehavior Evidence from a long-term study also shows that children's conduct problems are more likely to be produced by punishment (Cohen & Brook, 1995) Third, punishment decreases the value of the activity that was used as a form of punishment Punishment is taught to children as a means of attempting to get people to stop doing something they enjoy As a result, the value of these activities is diminished

in the eyes of the children who have been punished when they are made to perform them as punishment Fourth, when the punishments are used, they provide an alternative to the desired behaviors Finally, the use of punishment teaches children to

be egocentric (McCord, 2008)

2.5 Corporal Punishment at Homes

Violence against children occurs in a variety of places, such as in and out of schools, the workplace, juvenile detention facilities, and even in families Corporal punishment has been widely used in both families and schools to "tame the unruly child" and train the presumptuous child to take his or her proper place in the social order Home discipline is more common than school discipline, according to Lansford

JE et al (2022) At home, an estimated 1.3 billion children under 14 years old were subjected to corporal punishment in a single year, and on average, nearly 80 percent of them experienced the violent form of "discipline" involving both physical and psychological aggression (Global Initiative to End All Forms of Corporal Punishment

to Children, 2019) Since most societies still view the family as a "private" sphere, combating violence against children is the hardest when it occurs in it

Figure (2.5.1) Compiled by author Source: Data based on the source of End Violence against Children (2021) Figure (2.5.1) shows that only 13 percent of children are fully protected by law in their homes across the world All states have committed to SDG target 16.1, which calls for the abolition of all forms of violence against children by 2030, as part of the Sustainable Development Agenda The INSPIRE strategies developed by the World Health Organization (WHO) and other agencies to support governments in achieving target 16.2 have been recognized as key to prohibiting corporal punishment, ending violence against children, and reducing violence in society long-term However, the process of transforming society’s behavior in child rearing and education and its view

of children takes time

CHAPTER 3: RESEARCH DESIGN AND METHODOLOGY

3.1 Case of Myanmar

Myanmar is the largest mainland country in the Southeast Asia Region and the second-largest country in ASEAN after Indonesia The total population of Myanmar is over 51 million, with 28.6 percent being under 15 years old, 66.5% being between 15 and 64 years old, and only 5.8 percent being above 64 years old (Myanmar Census, 2014) According to the situation analysis (2012), children in Myanmar are subjected

to corporal punishment in both homes and schools on a regular basis In addition, over

70 percent of children in Myanmar have experienced forceful discipline in the same way as Malaysia and Thailand (UNICEF East Asia and the Pacific, 2019) When considering the composition of the child population in Myanmar and the higher proportion of forceful discipline, the existence of the physical punishment issue cannot

be ignored Focusing on the situation in Myanmar is like studying the progress of the ASEAN region in eliminating corporal punishment and physical violence against children

3.1.1 Child Focused NGOs in Myanmar

In 2019, the new law was enacted, and all the sections were compiled with the advancement of CRC provisions The codification of child rights appeared in Myanmar with the help of UNICEF and other international and local NGOs Suwan (2015) demonstrated that non-state development actors, such as international NGOs, have proven to be extremely resourceful and have played a critical role in ensuring inclusive coordination and development efficacy Thus, collaboration with government departments and non-governmental organizations (NGOs) is critical in terms of

"inclusion in the nature of development cooperation."

The role of the NGOs Child Rights Working Group (NCRWG) in advocating for the prohibition of corporal punishment in all settings was pivotal throughout the CRL advocacy The NCRWG was established at the initiative of Save the Children International, World Vision Myanmar, and Pestalozzi Child-focused international and local NGOs were included in that working group, which undertook the review of the Child Rights Bill with professional law makers and other experts as well Then the

advocacy messages were able to be proposed to government institutions, including parliaments (Phyo Thu So, n.d.).

3.2 Conceptual Framework

By making provisions for corporal punishment in a home setting in Myanmar, the conceptual framework demonstrates the phenomenon of publicly legal prohibition According to the Global Initiative to End All Corporal Punishment of Children (2019), the national governments of states can be lobbied and pressured through international and regional complaints and other mechanisms Regional and domestic instruments for child rights and human rights are also as important as the international legal framework, which is not enough on its own To begin with, the factors that promoted the legalization of corporal punishment in homes are very fundamental for understanding the global norm of child rights Hence, the relationships between the key factors (variables) are shown in a relevant way In addition to that, the governments in some states may oppose prohibiting corporal punishment or be reluctant to undertake legal reform When initiating domestic law reform for child rights, it is crucial to gain the support of Parliament, which is responsible for proposed legislation Otherwise, it is essential to seek support from the government to have a better chance of passing the bill if most of them are in Parliament To this point, the national struggles while advocating corporal punishment at home are included in this framework

Child Protection

Corporal Punishment

Child Rights Law

Regional factor

Domestic factor International

factor

Figure (3.1) Conceptual Framework compiled by author

2 Obligations of State party

Regional Factor 1 Ratifications of Physical

Available Resources 1 Financial Resource

2 Human and Technical Resources

Social/ Cultural Norms

Unexpected Circumstances

1 Parenting

2 COVID-19 Pandemic

3 Military Coup Table (3.3): Analytical Framework compiled by author

3.4 Qualitative Design and Data Collection

There are many methods for conducting qualitative research to gain insight into

a social or human issue (Creswell, 2003) The case study approach was applied in this research because it can examine the process of change and development through intervention efforts (Fonagy & Moran, 1993; Gilgun, 1994) The case study focused

on "what happened," that is, on how the intervention worked and what the major actors

in the implementation process did (Gilgun, 1994) Data from multiple sources or

different collection methods should also be used in case study methods (Fonagy & Moran 1994; Gilgun 1994; Yin 1994) By doing this, the credibility of the information leading to the conclusion could be enhanced (Annars, 1999)

In addition, the author chose the respondents and documents carefully to increase reliability during the data collection process Several screening questions, for instance, "What is your current position?"; "How many years of working experience

do you have in child rights, child protection, and corporal punishment?"; and "What was your role in the accomplishment of the 2019 Child Law after the Union Parliament of Myanmar widely published the CRL Bill?" were added Hence, to be a well-designed case study, even if this is a single unit study, two different approaches to data collection, such as in-depth interviews and document analysis, which supplement the sources of interviews (Bowen, 2009), were conducted

In considering the sampling method, the non-probability included purposive sampling, and the snowball method was the most suitable approach for this study The process began with both known individuals and unknowns through connections who are currently working in the child protection field The author sent the request letter for permission to conduct interviews at first to the interviewees from child-focused international and local NGOs, most of whom are from the National Child Rights Committee (NCRC) and the NGO Child Rights Working Group (NCRWG) The author built rapport with the total of 12 interviewees by contacting them and arranging their schedules To avoid bias, just the general interview outline was sent via email in advance to every participant before the respective interview date Then, the snowball sampling was carried out by encouraging the interviewees to introduce new people who are also members of the targeted group All the in-depth interviews were conducted virtually because of a multitude of logistical challenges During the interview, Burmese was used to make the conversation between the interviewer and the interviewees more communicable and understandable To supplement the other source of in-depth interviews, document analysis was used (Bowen, G A., 2009)

3.5 Data Analysis

Thematic analysis was used extensively in this study Braun & Clarke (2006) explained that thematic analysis is a method for identifying, analyzing, organizing,

describing, and reporting themes found within a data set and can produce trustworthy and insightful findings Moreover, thematic analysis enables researchers to achieve data saturation with much smaller sample sizes; otherwise, it is helpful to reduce large data sets into manageable themes (Malterud et al., 2016) Some interview interpretations were combined with narrative quotations to provide more detailed accounts of the data collected As a pre-analysis, the author cleaned the data or transcripts by checking the accuracy of interview transcripts and identifying vague words Moreover, to keep the confidentiality of informants, pseudonyms were applied The transcripts and documents were then coded, and themes were identified using the NVivo software during the thematic analysis

3.6 Expected Findings of the Study

Based on the literature reviews, the following expected findings are excerpted for the research questions:

1 The influence of global norms known as Child Rights encouraged Myanmar to enact the new Child Rights Law (CRL) in accordance with international treaties and obligations to protect all children from family violence

2 Among the entities, some on the government side are reluctant to prohibit child corporal punishment at home in the CRL, while all the NGOs unanimously support it

3 The limited available resources in DSW-MOSWRR and unexpected circumstances in Myanmar immensely obstruct the prohibition of corporal punishment in homes

CHAPTER 4: FINDINGS AND DISCUSSION

4.1 What factors led Myanmar's Child Rights Law (CRL) to prohibit child corporal punishment by parents at home?

4.1.1 International factor

As a signatory country of the UN CRC, Myanmar as a state party must follow the guidelines and procedures of the CRC and submit reports of the country’s implementation processes and progress on child rights (survival, development, and protection) as per Articles 42–44 Similarly, a state member must enact a domestic law within two years after signing the CRC treaty Myanmar could pass new legislation on child law in 1993 to fulfill the obligations of the CRC The country was governed by military authority at that time, and the 1993 child law was developed without consultation with or collaboration with other relevant stakeholders, such as civil society organizations That law was inconsistent with the UN CRC Thus, the concluding observation of Myanmar’s initial report from the committee on the rights

of the children was sent in 1997 The committee recommended that a comprehensive review of Myanmar's child law be conducted because it was not fully compliant with the provisions of the CRC To enrich the rights of humans, including child rights, the committee also urged the Myanmar government in the 3rd and 4th concluding observations to implement all the recommendations of the UN human rights special rapporteur in a spirit of international cooperation

In 2004, expediting the inclusion of child rights promotion in the country’s constitution was also recommended Myanmar was drafting a new constitution at the time with the goal of establishing a democratic political system It was noted that the rights-based approach should be used throughout the entire review process and in future programs In addition, it advised affirming all the treaties relating to human rights and optional protocols such as "(a) the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; (b) the International Convention on the Elimination of All Forms of Racial Discrimination; (c) the International Covenant on Economic, Social, and Cultural Rights and its Optional Protocol; (d) the International Covenant on Civil and Political Rights and its

Optional Protocols; (e) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women; (f) Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and its Optional Protocol" not only ensures consistency with all the provisions of the CRC

There were seminars held on November 12–15, 2001, in Yangon, and a working report was released with the title "Children’s Rights from Theory to Practice." That seminar was intended to address the UN convention and what it represents to inspire the country in the future Many international experts came and discussed the international point of view on topics about children’s rights such as the CRC’s definitions and obligations, the best interest of the child, protection, and juvenile justice, and countries like Malaysia and Canada discussed their home countries’ experiences of implementing the CRC In Part 2, it was mainly about Myanmar's national point of view involving child protection, juvenile justice, and juvenile delinquency intervention Myanmar's child rights processes are just getting started With the support of UNICEF Myanmar, a workshop for overhauling child law was held in December 2001, and a legislative amendment for corporal punishment was also discussed It is likely that as one of the initial points of child law reform, which considered putting the provision for corporal punishments by parents in family settings alongside other settings and of equality for children,

The CRC observed widespread use of corporal punishment against children throughout the country Article 66(d) of the previous 1993 child law clearly and legally allowed the parents, teachers, and guardians to use corporal punishment so that the children would be clever as well as good citizens in the future It is a deplorable practice that contradicts CRC Article 19 It was difficult to prohibit it in legislation If Myanmar still does not begin to act against corporal punishment of children, the CRC will give the same recommendation again in its next concluding observations (COs) Similarly, another source of international pressure is the general comments (GC) issued under the UNCRC In an obvious way, GC 8 in 2003 prohibited violence against children, as well as various forms of physical, corporal punishment, and other inhuman and cruel punishments, by detailing how each state party should implement

it Therefore, GC is a sort of clarification in the enforcement of the CRC’s Article 19,

and later, GC 13 in 2011 also became a guidance for the freedom from all forms of violence against children

P10, a child protection advisor and NCRWG member, added:

As members of the convention, there are certain standards that we are trying to meet Since they are also giving regular CRC reports, this is a milestone made by the government to show the government's implementation That must match the conditions

P07, a child protection advisor and a member of NCRWG, added that

International pressure must also be considered when enacting legislation

In this regard, Myanmar emphasized access to conformity with the UN CRC's provisions because of a series of recommendations made by the Committee on the Rights of the Child, rather than explicitly prohibiting corporal punishment Many provisions in Myanmar's 1993 Child Law do not fully or partially align with the CRC The desire for human rights application in the country was not originally entrenched, and there are many child rights violations Therefore, international pressure and the CRC’s continuing recommendation to Myanmar for reviewing and amending the Child Law and its Guidelines were one of the main factors that gave birth to the new Child Rights Law in 2019

4.1.2 Regional factor

As a member of the Association of Southeast Asian Nations (ASEAN), Myanmar must follow the regional action plan for ending violence against children The ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC) collaborated with Myanmar’s department of social welfare Furthermore, some ASEAN member countries are leading the way in the protection and promotion of human rights and child rights, so Myanmar could not fall behind As the focal point, the Department of Social Welfare must communicate with and submit the report to ASEAN ACWC has a 10-year regional plan for the elimination of violence against women (EVAW) and the elimination of violence against children (EVAC) Attending regional meetings and presenting the situation of children in Myanmar can be called the input activities to address and eliminate the violences

against children However, it was not a powerful driver to ban child corporal punishment and amend the legislation about children Other circumstances that happened in the domestic must be considered

P 01, a member of the NCRWG and an advocacy advisor, added:

But considering the situation in our country, it's not that much pressure If they (the government) want to do it, they will do it If they don't want to do it, they don't do it, but those factors—regional and country politics—will come together

P 04, a member of the NCRC and UNICEF’s legal aid consultant, said that

ASEAN has the ASEAN Regional Action Plan The plan is to end violence against women and children But it's not that powerful

Somewhat influence of ASEAN on the child protection; corporal punishment in Myanmar has linked with its EVAC action plan Myanmar is obligated to draw up an action based on it, nevertheless, instead of drawing separately, it was copied the definitions of physical, mental, and sexual violence to the 2019 child rights law to show that the regional action plan is already implemented UNICEF Myanmar helped

to bring these into the law to align with the regional plan of action As a result, rather than being pressured or force, it is a related factor ASEÁN, furthermore, didn’t pay attention to the children in Myanmar because there were no subsequent actions taken

at the regional forums where Myanmar delegates attended Only after the current military coup happened, some connectivity and collaboration were improved

P06, the National Campaign Coordinator and NCRWG member, stated:

In the Child Rights Law, the definitions of violence against children are described These definitions have their origin in the ASEAN-EVAC

P08, assistant program manager and member of NCRWG, said -

For me, I tried to do advocacy up to the ASEAN level when I worked with the NCRWG But that didn't quite materialize Only after the military coup did I see some improvements in connectivity and working together

4.1.3 Domestic factors

A national seminar on the rights of the child was held from January 21st to January 24th, 1992, at the Institute of Nursing in Yangon A new law called the 1993 Child Law to protect children's rights in accordance with the Convention was decided upon because of that seminar The 1993 Child Law (CL) and its 2001 rule and regulation were made aware by the committee on the rights of the child The CL concentrated on the juvenile justice protection sector rather than the survival and development sectors Even though the protection for juveniles was mostly described in

it, other child protections, such as physical violence within the family, were being challenged to be prohibited legally

In 1993, childcare centers used early detection and intervention strategies, but not corporal punishment, as part of a family-centered approach in areas where children lived the most Other education, health care, and social services were all part of a comprehensive system designed to keep children safe Training capacity building and appropriate emergency response procedures and mechanisms were developed to provide rescue, recovery, and reintegration services Advocacy, public awareness, and monitoring were all provided as measures Meanwhile, under domestic law, it is not only permissible to physically punish children by parents and teachers, but whipping acts are still practiced and are of concern to both national and international experts

In article 30 of the CL, all children must follow rules of conduct and discipline appropriate for their age Similarly, Article 31 of the CL mandates that caregivers like parents, teachers, and guardians instill in their charges a commitment to the values and self-control outlined in article 30 Willful maltreatment of a child is prohibited by Section 66 (d) of the Child Law, except for admonitions given by parents, teachers, or others with authority over the child for the child's own good There was a lack of appropriate measurements for prevention and protection of children from physical and sexual violence, as well as neglect, according to the 1993 child law To combat domestic violence happening to children, there is no doubt about the need to change that child law for the best interest of the children

Although CL was about the prevention, protection, and rehabilitation system for all children, with or without special needs, there are legislative gaps in the framework

In addition, criminal punishment did not comply with modernization Relating to the fines, the money’s currency is changing along with time, but the fines in CL were an inappropriate recent situation Looking forward to more compliance with the modern age, the CL was amended, and the Child Rights Law (CRL) was drawn up to become complete legislation in 2019 To become more integrated with the CRC, the provisions for prohibiting child corporal punishment in all settings, including at home, were an important part of the law amendment

P01, an advocacy advisor and NCRWG member, stated:

In fact, when we talk about the relationship between the law and corporal punishment, the law has not been amended to correct this great injustice When the law had to be amended, we added it together once The law was not aligned at all, and corporal punishment wasn’t either

To be more effective in prohibiting corporal punishment, the new Child Rights Law (CRL) includes penalties for those who use it, even if they are the children's biological parents Before CRL, there were no actions taken against those parents, and they also didn’t know they were committing the crimes either To solve it, CRL includes a specific prohibition section as well as punishments

When considered the prohibition of corporal punishment in Myanmar, a critical juncture, a turning point for Myanmar’s political system should not be neglected During the period of the State Peace and Development Council (SPDC), the seven-step road map to restore democracy by embracing prevailing traditions, cultures, and histories, was implemented Then, in 2011, the 2008 Constitution went into effect, and children's rights were generally enshrined in a chapter The president who took office

at that time addressed the safeguarding of human rights, amendments, or repeals of existing laws, and drafting to enact new domestic laws Constitutional government and parliaments were re-established and had the duties and responsibilities, inter alia, of fundamental citizenship, human rights, social development, and democracy Nevertheless, transparency of processes and improvements in amending child law was lacking

Indeed, the department of social welfare and UNICEF have been collaborating since 2008, and child protection activities, including awareness-raising, were initiated

in 25 townships However, more collaboration between civil society organizations (CSOs) and the government was seen only after the 2015 general election, with the victory of the National League for Democracy (NLD) That is what the UNCRC advised Myanmar in terms of including non-governmental organizations (NGOs) and its efforts to draft child rights bills and other policies and programs by ensuring that organizations can work safely even in border and remote areas As a result, the NLD-dominated parliament repealed and successfully amended the 1993 CL; additionally, it passed legislation to protect and promote citizens' rights and to address the country's intrusive security Also, while undertaking by the civilian government, Dr Win Myat Aye, minister for the Ministry of Social Welfare, Relief, and Resettlement (MoSWRR), was recognized as the only minister with high interest in social issues compared to former ministers for MoSWRR He was more active to perform the plans

of both regional and global levels

P09, the project officer and NCRWG member, added that -

The government neglected all the recommendations from the UN after the 1993 law The government was also working on these things, either directly or indirectly I think the government started working on these things after 2011, as they thought they should

do this for the betterment of the country

P03, child protection specialist, member of NCRWG:

We need a government that listens to the public’s needs and opinions and speaks for the people Drafting child law, which started in 2010, should be done in 2015

P08, assistant program manager, and a member of NCRWG

There was also a lot of protection for children from the government in this regard before, but none of it was fully implemented I would like to say that it was done only during 2015–2020 because of the government's desire to do it

While the government is submitting the CRC’s initial reports and its subsequent periodic ones, otherwise, UNICEF and NGOs (international and domestic) present

their own to ensure the correctness of the state party’s report as per the CRC’s Article

45 International NGOs (INGOs) and local NGOs are undertaking more responsibilities for women's and children’s issues if the department of social welfare under MoSWRR emphasizes administration as well as legal authority As they implement many cases such as domestic violence on the ground, civil society organizations' input and support advanced the Child Rights Law with a comprehensive child protection system It can be said that there was strain from civil society organizations UNICEF will be the driving force behind this law reform INGOs and NGOs are permitted to speak out, and citizens may participate only if the legislation was drafted by parliamentarians Since 2016–2017, the non-governmental child rights working group (NCRWG) has provided as much technical and financial assistance as that working group can muster for this endeavor Because of that changing situation in the county's institutions and administration, the involvement of civil societies is greater, and their tireless advocacy with holistic viewpoints worked on amending the Child Law into the Child Rights Law, which added a prohibition against corporal punishment

P01, an advocacy advisor and NCRWG member, stated:

We have been advocating as an NGO Child Rights Working Group since the child rights bill was introduced in parliament After all these factors met, I think that it came out to reform the previous 1993 law and to add new prohibitions for corporal punishment in this 2019 law

P 08, assistant program manager, NCRWG member -

These are what governments consider important for children The voices of those who point this out are getting louder Space is also available There were improvements in listening to the voices of children and civil society organizations Cooperation has also become stronger

The social changes during those periods were supported somehow by raising their voices on human rights and child rights in the country As of late, the social media era has emerged People of all ages and backgrounds use Facebook constantly When there was news in the past, word didn't spread fast; now, it reaches a wide