eee Oe THE PaELIPE COMMISSION ON HUMANSRE POSITION PAPER ON THE TEACHER PROTECTION BILL (HOUSE BILL 58) FILED IN THE 17° CONGRESS OF THE HOUSE OF REPRESENTATIVES Pursuant to its constitutional mandate to recommend to Congress effective measures to promote and protect human rights!, the Commission on Human Rights (Commission) respectfully submits this position paper on the proposed bil seeking to institutionalize support mechanisms for public school teachers and school personnel in matters of student discipline and mechanisms for classroom mnanagement and providing for their protection in cases related thereto, State Obligation ‘The Philippines’ commitment to promote and protect the rights of children to quality education and to be protected from abuse is enshrined in the 1987 _/ Constitution, the international human rights conventions signed by the State, and the domestic laws enacted by the government. ‘The 1987 Constitution declares the State policy to promote and protect the youth’s physical, moral, spiritual, intellectual, and. social well-being? and mandates the State to protect children from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their developments. Consistent with these constitutional provisions, the Civil Code of the Philippines further states that teachers and professors shall nurture the potential of their students and shall, under no circumstance, tolerate corporal punishment.* Further, as a State Party to the United Nations Convention on the Rights of the Child (CRO), the Philippines has the duty to take all appropriate measures to ensure the protection of children against all forms of “physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse”s and to “outline the legislative and other awareness; raising and educational measures” that the Philippines must take to eliminate all forms of corporal punishment’. CRC also recognizes the right of children to education and, thus, obliges the government to take measures “to ensure that school discipline is administered in ee 11987 Phil, Const. art. 13, § 18(6). 2 1987 Phil. Const. art. 2, $13. 3 1987 Phi. Const. art. 15, § 3(2). 4 phil. Civ. Code. art. 352. 5 Convention on the Rights of the Child. art 9. ceevettoe on the Rights ofthe Chil, CRC General Comment Ne. (2006): The Right ofthe Child to Proteetion ean comoral Punishment and Other Cruel of Degrading Forms of Punishment, United Nations Hier rights Office of the High Commissioner (Mar. 2, 2007), http://www-endcorporelpunishment. corg/ascets/pdfs/reference- documents/CRC-general-comment-.pdf. CHR: Dig ity Complex, Di man 1101 Quezon City Philippines Comunonwealtha manner consistent with the child's human dignity and in conformity with the present Convention”?. During the 2" Universal Periodic Review of the Philippines in 2012, recommending states® have taken notice of the duty of the Philippines to ensure the right of children to be protected against corporal punishment through awareness-raising campaigns and the promotion of non-violent methods of disciplining children as well as the eradication of all forms of violence against children®. In line with the State’s efforts to eradicate corporal punishment, during the Seventeenth Congress, House Bills 6955 and 516 were filed in the House of Representatives while Senate Bill 1477 was filed in the Senate of the Philippines. House Bill on the Protection of Teachers ‘The State recognizes the role of the youth in nation-building. Teachers, as substitute parental authorities, play an important role in carrying out the State’s duty of promoting and protecting the physical, moral, spiritual, intellectual, and social well-being” of their students. While the progress and development of the State are often attributed to structural, technological and economic advancements, the primary measure of the State's progress will always be its people. These people are nurtured by teachers to become equipped with the values and qualities needed to become competent members of the society in the hope of contributing to the development of the State. To empower the youth, teachers themselves need to be empowered. House Bill 58, filed in the 17" Congress of the House of Representatives by Rep. Antonio L. Tinio and Rep. Francisca L. Castro, seeks to alleviate the burden on public school teachers by institutionalizing a support mechanism for teachers and school personnel in matters of classroom management and discipline. House Bill 58 tasks the Department of Education (DepEd) to issue a manual on the policies and principles on student discipline and classroom punishment. DepEd is likewise directed to extend to its teachers and personnel the necessary protection in cases related to student discipline and classroom management, including charges of child abuse. Under the bill, any act committed by a teacher or school personnel pursuant to the manual issued by DepEd will not constitute child abuse, cruelty, or exploitation. ; The Commission highly appreciates the role of teachers in educating and nurturing the youth. The sacrifice that teachers make in order to fulfill their duty js not limited to the four walls of the classroom. Rather than resting, teachers untiringly spend their weekends planning and preparing their lesson plans to ensure that they are prepared for class and that the lessons are designed to fit their students’ needs. In this regard, the Commission welcomes all efforts to support and guide teachers in carrying out their responsibilities. However, the Commission expresses its reservations on House Bill 58, particularly on Section 4 of the bill which states that “Any act committed by a teacher or school staff pursuant to the disciplinary rules and procedure issued by the Department shall not be deemed as child abuse, cruelty, or exploitation as defined in Republic Act No. 7610 or the 7 Convention on the Rights of the Child. art. 28. ® portugal, France, Uruguay, and Liechtenstein. ® Database of Recommendations, UPR Info, https://www.upr-info.org/database/. 10 4987 Phil. Const. art. 2, § 13.Special Protection of Children Against Abuse, Exploitation and Discrimination Act”. It is noteworthy that while Section 3 of the pill provides for the content of the manual" which shall be issued by DepEd in consultation with students, parents, teachers, and other personnel, nothing in the bill prohibits DepEd from including in the manual any punishment that would constitute as an act of child abuse under RA 7610, such as but not limited to physical and psychological abuse. In fact, Section 4 of the bill states that any act committed by teachers and school personnel will not be deemed as child abuse, cruelty, or exploitation as defined in RA 7610 as long as it is in harmony with the disciplinary rules and procedure. In Memorandum No. 297 s. 2006, DepEd has noted the increased number of reports on corporal punishment inflicted by “overzealous” officials and teaching/non-teaching personnel in exercising their substitute parental authority. Through the same memorandum, DepEd has emphasized that the substitute parental authority vested in teachers is not without limitation and that DepEd will not hesitate to take disciplinary action against those who commit acts constituting child abuse. While the DepEd Child Protection Policy (CPP) recognizes that cases of abuse may be the result of difficult situations faced by teachers and other school personnel, the Department maintains that the rights of the child must be protected. Further, the CPP states that the best interest of the child shall always be considered in all decisions involving children. In fact, the Policy outright states that the school’s personnel shall “strictly comply with the school’s child protection policy”! while students have the duty to comply with the school's regulations only insofar as “they are in harmony with their best interests”. Through the Memorandum, DepEd emphasized its zero-tolerance policy for any act of child abuse, exploitation, violence, discrimination, bullying and other forms of abuse. Still, the data gathered by DepEd shows that 2 out of 10 cases of violence among schools pertain to the use of corporal punishment to discipline students. Thus, DepEd launched the book Positive Discipline in Everyday Teaching to emphasize the Department's policy on disciplining children. The book serves as a guide for teachers in practicing positive discipline in various situations rather than employing corporal punishment. ‘The Commission is aware of the corresponding struggles and difficulties that teachers encounter in the exercise of their role. It is not unusual for classrooms to ead eree ee 11 For purposes of this Act, a student manual is a written document detailing: (1) the school's rules and regulations to be observed by students with respect to fellow students and school personnel and property, whenever inside its premises or outside I, In cases where conduct would interfere with the operation of the school or endanger the safety of other students and school staff; {2) the rights and responsibilities of students in relation to school rules and regulations tothe endl of fostering 2 positive school climate and safe environment conducive to instruction and learning {2) permissible, appropriate, and effective responses and interventions that will address violation of schoo! rules and regulations, including but not limited to communication to parents, counseling, reprimand, and detention, at area level and epetition of offense, to be administered by teachers, the school head, and other school staff; and {@) a clear description of the disciplinary procedure and clear designation ofthe authorities competent to investigate, propose, and apply the responses and interventions. 2 DepEd Child Protection Policy § 8. 38 DepEd Child Protection Policy § 9. +4 Joan Nano, DepEd Relterates The Importance Of Teachers Imposing Discipline To Students, UNTV News & Reseue (June 6, 2016), https//wrmw-untvweb.com/news/deped-relterates-the-importance-of-teachers-imPosing- discipline-to-students/.have its fair share of unruly students who push the temper of teachers to their limit. The Commission, however, maintains its stand on corporal punishment and the use of violence as a means of instilling discipline: “The Commission on Human Rights respects the rights of parents and legal guardians in rearing and providing guidance to the child. However, this does not mean they are free to treat their children. as they see fit. Vulnerable as they are, children must always be protected and their rights equally respected like all other human beings. The effectiveness of corporal punishment and similar forms of, punishment as tools of good parenting has been cast into serious doubt, if not altogether discredited, and it is important for Filipino parents to disabuse themselves of the notion that good parenting requires corporal punishment”'s. Recommendations In view of the foregoing, the Commission supports with modifications the passage of a legislative measure institutionalizing a support mechanism for public school teachers and personnel, only insofar as the rights of the students are not compromised. In this regard, the Commission submits its recommendations to amend House Bill No. 58: 4. To avoid a possible conflict between the pill and RA 7610, it is recommended to include in Section 3 (Code of discipline or student manuals) a provision stating “In formulating the manual, DepEd shall, at all times, bear in mind the rights and best interests of the child, and shall under no circumstances include in said manual any form of punishment that would constitute a violation of Republic Act No. 7610”. While students, teachers, other school personnel, and professionals in child behavior and social work will be consulted in the drafting of the manual, an express provision prohibiting corporal punishment will ensure that students are protected from excessive punishments. 2. Amend Section 4 (Act pursuant to code of discipline or student manuals not deemed as child abuse) to “any act committed by a teacher or school staff constituting abuse, cruelty, or exploitation as defined in the Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation. and Discrimination Act shall pe treated as such, regardless of whether said act was committed for the purpose of administering discipline”. The Commission fears that Section 4, as it is, may be used by teachers to supplant the application of the provisions of Republic Act 7610 and to inflict violence and abuse under the guise of disciplining students to escape liability. 3. Include in Section 6 (Information dissemination of the student manual) a provision directing DepEd to ensure that the distributed copies of the manual shall be in a language/s widely understood by the local populace. the Senate (Senate Bill 147) n Paper on the Positive Disci 25Commission on Human Rights, (Sept. 4, 2017).4. Section 6 paragraph 2 shall likewise be amended to “At the beginning of each school year, copies of the student manual shall be provided to students, as well as their parents or legal guardians, who have not yet received the updated copy of such manual”. 5. Considering the constantly increasing population in public schools, the Commission recommends amendment of the ratio of one guidance counselor for every two hundred students in public schools, as provided in Section 9 (Support personnel), to an appropriate ratio to be determined by DepEd. 6. Remove Section 11 (Protection to teachers and school personnel in charges related to student discipline and classroom management) because the section could be the subject of abuse and could also constitute bias and undue favor to the teacher and other school personnel. Even without this section, remedies are still available to teachers and school personnel facing administrative charges, as provided in the Child Protection Policy of DepEd. 7. Consistent with the proposed amendment to Section 4 of the bill, the Commission recommends the amendment of Section 15 (Repealing Clause) to “Save for Republic Act 7610, all laws, decrees, orders, rules and regulations, or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed”. 8. Unfortunately, not everyone is aware of the State’s obligation to protect children from corporal punishment and other forms of abuse. Thus, consistent with the State’s principles found in the Constitution and local laws and commitment to international human rights instruments the Commission recommends the addition of a provision requiring all teachers and school personnel to undergo training on the use positive discipline as an approach to develop the children’s self- discipline and skills. ‘Abandoning the use of corporal punishment represents a massive shift in our cultural paradigm, bound to be a Jong process filled with resistance from traditionalists and skeptics. Should corporal punishment be eliminated, its implications on the eradication of the normalcy of the use of force and violence in educating and addressing problems would have significant effects to the society and to future generations. Absent corporal punishment, false charges against teachers and other school personnel will be highly avoided. The Commission on Human Rights, as the National Human Rights Institution, is committed to eradicating all forms of inequality, abuse, and violence jn all sectors of the society. That being said, the Commission wishes to emphasize that while everyone is equally entitled to their rights, one’s own rights shall, in no way, supersede the rights of others. However, with children being part of a vulnerable sector, they warrant special protection and assistance in upholding their rights. Lastly, the Commission reiterates the indispensable role of teachers, as substitute parental authorities, in rearing the future pillars of the nation. In this regard, the Commission underscores that while it expressed its reservations on the pill, the Commission supports the very essence of the bill which is the empowerment and protection of teachers from false accusations of child abuse. 5Should the instance arise where a teacher is charged with a false accusation of child that teacher is still afforded the constitutional right abuse or any other similar act, to due process and is protected by the Rules and Procedures in Handling Child Abuse, Exploitation, Violence and Discrimination Cases implemented by DepEd. Issued this 24th day of June 2019, Quezon City, Philippines. JOSE LUIS TIN C. GASCON erson (On Official Travel) Uk Gg LYN LLYPIMENTEL-GANA. KAREN 8. GOMEZ DUMPIT ‘ommissioner ‘Commis (On Official Business) ROBERTO EUGENIO T. CADIZ. LEAH C. /[ANODRA-ARMAMENTO Commissioner Commissioner