INTRODUCTION
The development of children’s rights has been one of the great successes of the United Nations. Children are inherently and carry with them society aspirations for the future. In the words of the Geneva Declaration on the rights of the child, mankind owes to the best it has to give.
Meaning Of Children: Is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of “child” generally refers to a minor, otherwise known as a person younger than the age of majority. “Child” may also describe a relationship with a parent or authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in “a child of nature”.
Children are also defined as a person under the age of 18 years as stipulated in the Children Act, 2001 and The Convention On The Right of The Child.
Parents Teachers Association (PTA)
Parents Teachers Association (PTA) is a formal organization composed of parents, teachers and staff that is intended to facilitate parental participation in a public or private school. It role is to encourage closer link between home and school. The goal of all PTA is to support their school, encourage parents involvement, support teacher and organize family events.
As the largerst volunteer child advocacy association in the nation, PTA reminds our country of its obligations to children and provide parents and families with a powerful voice to speak on behalf of every child while providing the best tool for parents to help their children be successful students.
Aims and Objective of PTA
To promote the welfare of children, adolescent and youth in the home, the school and the community.
To create better understanding between parents and teachers and harmonious relationship between the school and the community.
To create the necessary consciousness among parents to stimulate their interest in their children and the school.
To work for the improvement of the school with the united efforts of parents, teachers on school authorities.
To help parents and teacher to adopt themselves to the changing concepts of society
To produce suitable literature for the purpose.
Functions of PTA
To help the parents to understand the school programs by arranging open days at school when parents can visit the school and observe their children at work.
To arrange for frequent general meetings where parents teachers consultation are possible in a group as well as individually.
To prepare program which can increase cooperation between school and community and can create better mutual understanding between parents and teachers.
To provide various opportunities to parents and teachers to meet on equal footing, and discuss problems of their children.
To arrange for social get-together and program of recreation for parents and teachers.
Meaning Of Discipline
Discipline is the training of mind and character to produce self-control, obedience etc.; school discipline, military discipline, home/family discipline. The result of such discipline allows the individual child to experience various codes of conduct according to personal and social behoural desires. Discipline can also function as a form of punishment. External motivation to help the child choose correct v incorrect ideas of behaviour.
Discipline of children involves a set of rules, rewards and or punishment to teach them about self-control. It is aimed at increasing desired behaviours in a child to aid their development.
Discipline refers to systematic instruction given by both society and parental/family regarding a certain set of rules, values, morals etc. It is means directing a person to follow a certain code of conduct. In its original sense, discipline is referred to as a systematic instruction given to disciple and train students in a craft or trade, or to follow a particular code of conduct or “order” often, the phrase “to discipline” carries a negative connotation. This is because when ensuring enforced instructions the process is often regulated through some form of punishment.
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Disciplining a child is to develop and reinforce appropriate social behaviour and to enforce a positive attitude within children. In the field of child development, discipline refers to methods of modelling character and of teaching self-control and acceptable behaviour. For example, teaching a child to wash her/his hands before meals is a particular pattern of behaviour and the child is being disciplined to adopt that pattern.
The main objective of the establishment of child discipline is to foster self-esteem and morals so the child develops and maintains self-discipline throughout his/her life. To discipline also gives rise to the word disciplinarian, which denotes a person who enforces order.
Child discipline is a topic that draws from a wide range of interested fields, such as parents, the professional practice of behaviour analysis, developmental psychology, social work, and various religious perspectives. Because the values, beliefs, education, customs and cultures of people vary so widely, along with the age and temperament of the child, methods of child, methods of child discipline vary widely in this world. “Without discipline there is nothing to be proud of” Richard L Kemp. This is because of the need to maintain order .That is, ensuring instructions are carried out. It is Important to maintain discipline and order, making sure the instructions are executed. Order is often regulated through punishment.
Discipline of children is the process of teaching children to behave in a fit and proper fashion. This is often done with punishment being either physical or involving loss of property or privileges. It is a vital factor in a shaping one’s personality. In western societies, discipline of children is a hot topic. It has been debated in recent years over the use of corporal punishment for children in general and increased attention has been given to the concept of ‘positive parenting” where good behaviour is encouraged and rewarded.
Child Act 2001 (Act 611)
There are some parts of the Child Act that can we relate with this topic about child discipline and abuse on them.
An Act consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto.
RECOGNIZING that the country’s vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane.
RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity.
ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society.
RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status.
ACKNOWLEDGING the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of human person.
RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society.
Below are some of the acts that we means of:
No. 17; Meaning of child in need of care and protection
(1) A child is in need of care and protection if…
a) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused by his parent or guardian or a member of his extended family.
b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse.
c) the parent or guardian of the child is unfit, or has neglected, or is unable, to exercise proper supervision and control over the child and the child is falling into bad association.
d) the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter.
e) the child has no parent or guardian;
(i) has been abandoned by his parent or guardian and after reasonable inquiries
(ii) has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to care for the chid.
f) the child needs to be examined, investigated or treated….
(i) for the purpose of restoring or preserving his health
(ii) his parent or guardian neglects or refuses to have him so examined, investigated or treated.
g) the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail.
h) there is such a conflict between the child and his parent or guardian or between his parent or guardian that family relationship are seriously disrupted, thereby causing him emotional injury.
i) the child is a person in respect of whom any of the offences specified in the first schedule or any offence of the nature described in section 31, 32, and 33 and has been or is suspected to have been committed, and his parent or guardian…
(i) is the person who committed such offence or is suspected to have committed such offence
(ii) has not protected or is unlikely to protect him from such offence.
j) the child is…
(i) a member of the same household as the child referred to in paragraph (i)
(ii) a member of the same household as the person who has been convicted of the offence and appear to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian…
(aa) is the person who committed or is suspected to have committed the offence
(bb) is the person who is convicted of such offence
(cc) is unable or unwilling to protect him from such offence
No. 29 ; Duty of member of the family
1) If any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned, or exposed, he shall immediately inform a protector.
2) Any member of the family who fails to comply with subsection (1) commits an offence and shall on conviction be released on a based on conditions to determined by the court.
3) Any member of the family who fails to comply with any of the conditions of the bond provided in subsection (2) commits an offence and shall on conviction be liable to a fine no exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
No. 29 ; Duty of the child provider
(i) if a child care provider believes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed. He shall immediately inform a protector.
(ii) any child provider who fails to comply with subsection (i) commit an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term no exceeding two years or to both.
N0. 38 ; Meaning of child in need protection and rehabilitation
A child is in need of protection and rehabilitation if the child…
(a) is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act.
(b) lives in or frequents any brothel or place of assignation.
(c) is habitually in the company or under the control of brothel, keepers or person employed or directly interested in the business carried on in brothels or in connection with prostitution.
Convention On The Rights Of The Children
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, or UNCRC) is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention generally defines a child as any human being under the age of eighteen, unless an earlier age of majority is recognized by a country’s law.
The Convention deals with the child-specific needs and rights. It requires that states act in the best interests of the child. This approach is different from the common law approach found in many countries that had previously treated children as possessions or chattels, ownership of which was sometimes argued over in family disputes.
In many jurisdictions, properly implementing the Convention requires an overhaul of child custody and guardianship laws, or, at the very least, a creative approach within the existing laws. The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated.
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The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation, and to have their privacy protected, and it requires that their lives not be subject to excessive interference.
The Convention also obliges signatory states to provide separate legal representation for a child in any judicial dispute concerning their care and asks that the child’s viewpoint be heard in such cases. The Convention forbids capital punishment for children.
However, we will not mention and elaborate all the contains of the declaration but only certain part that related with our topic discussion. Those are Article 1, Article 2, Article 7, Article 13, Article 14, Article 15, Article 28(1)(a) and Article 37.
Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 13
1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order (order public), or of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 28
1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
(a) Make primary education compulsory and available free to all;
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
National Child Policy
Malaysia is among the country that totally against the abuse, neglect, violence and exploitation on the children. National Child Policy is a policy on the rights of survival, protection, development and participation of children in order to enjoy the opportunity and space to achieve the holistic development of a conducive environment. National Child Policy aims to produce individuals who are healthy, energetic, knowledgeable, innovative, creative, competitive, progressive and has good values.
First of all, the government held this policy is to ensure that every child has the right to live of custody, care, love, health services, support and social assistance. Second, all the children with disabilities have the right to be protected from any of neglect, abuse, violence and exploitation, and subsequently was habilitation, rehabilitation and integrated into family and community. Third, every child has the right to development of holistic physical, cognitive, language, socio-emotional, and spiritual character. Fourth, every child has the right to speak out, participate in (join) and participate according to their capacity in matters relating to the best interests and welfare. Fifth, parents or caregivers, community and society aware of children’s right to survival, protection, development and participation. And the last, research and development on survival, protection, development and participation of children carried out from time to time.
THE IMPORTANCE OF DISCIPLINING CHILDREN
Discipline is a necessity for children in order to train them to behave in a certain way. In addition, discipline is necessary to ensure the happiness and welfare of a child. Discipline is also important because it enables children to grow in many various aspects of life. If discipline is not applied to the child, they may not be able to lead a decent life. For children who are still at primary school level in particular, they are learning to manage behavior and regulate themselves. These children will go through various challenges and tests. They will have to navigate the challenges and temptations of many different events, and their success will rely upon their attitude and self-discipline.
Many parents mistakenly believe that children are not disciplined well or often enough. They can be dissatisfied with what is happening in their environment and how they perceive society is dealing with the new generation. Many teachers can have a bad experience within their daily working day. They were confronted with badly behaved students. This has led them to wonder whether they are being disciplined at all. Often when people refer to individuals who are not well disciplined they point out certain characteristics such as a lack of motivation, apathetic behaviour, rowdiness, and even jealous, spiteful and deceptive behaviour. How is it that they behave this way? This is a mysterious question. If discipline is to work properly what must happen is that the child needs to feel valued and then they can begin to appreciate themselves. So, how can this be manifested in children? The most accurate answer perhaps is that it must be learned over time through a consistent set of disciplined measures instigated in the home and school environment. However, one must be careful to not over play the discipline card it must be administered in a loving natural way depending on the situation, such as in the classroom, church, on the football field, playing in the swimming pool to name but a few scenarios. Why do we discipline? We discipline to provide for social order and individual productivity.
Behaviors: Child discipline is essential in order to install good behavior amongst youngsters. Without good discipline the next generation could display personalities of a lower quality. Everybody has their own opinion on how we should discipline a child. All of this (opinion) is strongly influence by culture and religion.
Nature and nurture: Nature is somebody’s character that is built from society and or environment. Nurture is education and care that is given paternally and both will affect a child’s development and attitude. One must also consider what we have inside of us, the personality we are born with. Again this has an effect on the person we become. So, in connection to discipline all of these have an effect on why and how we discipline a child. Parents may have an agenda, for example religion, and society may has an agenda, for example don’t be lazy, pay taxes, all of this has an effect on how we want a child to behave and how we want a child to be disciplined. Parent should consider the environment that their child exists within as well as their own personal agenda when deciding on appropriate ways to discipline. Parents must also be cautious not to sometimes repeat certain methods of discipline that were once administered to them when they were young. Violent forms of correcting behaviour can be very damaging to the individual and can cross the line from discipline to abuse.
Moral: We should try to implement the same code of conduct even though around the world there are differences in culture, religion and race. We have to find the similarity between us all as much as is possible. Individual rules are the ways we personally want a child to behave and social rules are the ways that society wants a child to behave. Both of which strongly influence the ways in which a child is disciplined and the different ways that discipline is carried out.
However the fundamental reason is that as parents and as a society on whole we have a duty and responsibility to try our best to enable every child the full amount of love and opportunities available and it seems that iscan only be achieved through a common self of beliefs and codes of conduct instructed via various form of discipline.
HOW TO DISCIPLINING THE CHILDREN
Discipline means “to teach and train”. Caregivers or parents and teachers need to be good disciplinarians, to acquire skills that will accomplish the goal they set for themselves.
There are several ways to “make” children behave. One is by using force, fear, and punishment. Unfortunately, these three methods imply that the caregiver is superior and should overpower the child. Rather than leading to a child with inner control, they make the child angry, resentful, fearful and dependent upon force. As the caregivers, they should not teaching and disciplining their children without using force, fear, and punishment. By offering parents and teachers proven ways to reinforce good behavior and minimize misbehavior it is hoped that the vicious cycle of child abuse and neglect will be broken
There is another way to discipline children. Though it may not appear to get the immediate results we might like, it is safer, more natural and humanistic. It is based on the assumption that children are by nature good, fair, and honest and ultimately capable of responding to that which is good, fair and honest within us. This method is to treat the child with respect. It is treating the child as if he or she is as important a human being as others.
Consistency also important for discipline and this same goes to parents who are teaching and instilling discipline on their children. Disciplining children are not easy and with the lack of consistency on caregivers or teachers discipline, it makes the children unsure and confused with the teaching. But once they are consistent, the children will take things seriously and obey them. Parents or caregivers should make an exception when disciplining the children. For instance, when they are for holidays or at grandparent’s house, parents must keep on focus and remind the children about it so they will know it is important for them to obey their parent. However, if the situation persists, parents should make a special exception and let the children know earlier about it and tell them this is not permanent. Caregivers or teachers must be realistic in their expectations of the children. They must not ask the child to do anything that that child cannot do. Asking the child to do what he or she able to do, or the child will get frustrated and be less likely to listen to them in future.
It is important for the children to understand that the same result will come from the same behavior. Parents and caregivers must make the child feel like he/she has control their life. If they can count on the rules staying the same, they are more likely to obey by them. Beside that, caregivers, parent and teachers must giving explanation in terms the child able to understand. Taking time to explain the reasons behind why they are asking he/she to behave in certain ways is among the best way in disciplining the child. For example, if the child understand the kind of behavior that them avoid of, they are more likely to apply that reasoning to different situations, instead of learning to stop one behavior at a time.
DISCIPLINING THE CHILD IN ISLAMIC PERSPECTIVES
There is a strong requirement in Islam to show love and mercy towards children, and to preserve their dignity – this is just as much a right of the child as the right to be fed, clothed, and educated. One of my favourite stories is this one:
Abu Hurairah reported: The Prophet (Muhammad) kissed his grandson Al-Hasan bin `Ali in the presence of Al-Aqra` bin Habis. Thereupon he (Al-Aqra` bin Habis) remarked: “I have ten children and I have never kissed any one of them.” The Messenger of Allah (Muhammad) looked at him and said, “He who does not show mercy to others will not be shown mercy”.
Fear as a method of raising children is effective in that it limits behaviour and enforces compliance. The consequence is that this fear damages the relationship between child and parent. Children are unlikely to confide their troubles to parents who they fear. A parent should not be resorting to fear, but to respect and love. The best form of discipline is, of course, being an example yourself of the kind of conduct you wish to inspire in your children. The proposed referendum is mischievous in its intent. The wording does not mention Section 59, it does not provide any solutions to dealing with the “reasonable force” defense which resulted in juries discharging parents who had used severe forms of physical violence. The referendum question shows little interest in the welfare or the rights of children, and that is its biggest failing. Children are not able to speak or advocate for themselves, nor do they have any ability to participate in the law-making process. It is up to us, as adults, to protect those rights and ensure that the vulnerable are kept safe. Gentleness is preferred according to the tradition of the Prophet Muhammad (peace be upon him) and the examples set during his own life.
Child abuse is forbidden in Islam. Islam teaches love and affection . As quote the hadith in which the Prophet SAW narrated “show respect to your elders and affection to your youngers”. Islam allows disciplining of children out of necessity, so that children do not go out of hand. On the other hand, such strict rules have been imposed in this matter, that does not allow any abuse of authority by the parent. In accordance with the teachings of Islam, occasions do arise when children need to be disciplined, even to the extent of employing corporal punishment. Among the ten important advises that Nabi (Sallallaahu Alayhi Wasallam) had enjoined upon his beloved companion, Hadhrat Muáaz bin Jabal (Radhiyallaahu Anhu), one of them is ‘let your rod be hanging on them (children), as a warning and to chastise against neglect of their duties towards Allah’. (Ahmad; Tabraani-Kabeer). According to this Hadith, it is evident that Musli
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