‘Slapping’ of Grade 5 student prompts CHR to call for sanctions vs child abusers

MANILA, Philippines — Days after reports of a teacher who slapped a student reached the education department and local police, the Commission on Human Rights has issued a strongly-worded statement calling for sanctions to be imposed on persons physically hurting children.

In a statement on Thursday, the human rights body said that children should be protected from “all forms of violence and punishment, regardless of their actions” in line with the principles outlined in the United Nations (UN) Convention on the Rights of the Child, of which the country is a signatory of.

"The Commission deplores all acts which pose threats to safeguarding the rights and dignity of children. We underscore the importance of recognizing the individuality and rights of children whose physical and mental vulnerabilities should not relegate them from receiving equal and proper treatment from adults who are supposedly responsible for their welfare and protection," the human rights body said.

The CHR stressed the importance of implementing Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act, which allows the government to sanction those abusing children “to foster an environment that puts a primacy on the protection and advancement of children’s rights.”

“Any form of corporal punishment is deemed unjustified and unacceptable,” the CHR said.

Fourteen-year-old student Francis Jay Gumikib died on Monday due to the swelling of his brain. More than a week prior, he reported being physically hit by his teacher when his classmates were making noises during a test, according to his mother.

The Department of Education’s regional office covering Peñafrancia Elementary School has already launched an investigation into the incident. 

While the death certificate shows Gumikib died from his brain condition, forensic expert Rachel Fortun has cautioned against assuming that it was the teacher’s slap that specifically led to the student’s death due to some vague details in the report.

The CHR said that it is anticipating the “immediate resolution” of Gumikib’s case and “acknowledges the ongoing efforts of local law enforcement units in carrying out their duties which are essential for upholding justice and promoting the welfare of children.”

The incident is also a grim reminder of how using “physical and humiliating or degrading punishments” is a "punitive form of discipline (that) can harm children and can even lead to death,” said children's rights organization Save the Children.

In a press release about the Gumikib’s demise, Save the Children stressed the role of teachers as students' second parents. 

“The moment a child is enrolled in school, the teacher has special parental authority and responsibility to value, protect, and defend the child’s life, at all times,” said Save the Children Philippines CEO Alberto Muyot. 

The group also called on DepEd to enforce its own zero tolerance policy for all forms of violence against children as outlined in DepEd Order No. 40 or the Child Protection Policy.