The three children pictured above, aged 3, 5, and 8, were beaten constantly by their father who had been struggling to make a living since he was 14 and still could not make ends meet. On Jan. 2, 2014, the youngest boy Xiaobao (right) was sent to the emergency room because of a severe scald on his head, which attracted media attention and brought the abuse case to the spotlight.

Child abuse is a global concern. It usually refers to any act of harm against a person under the age of 18 by a parent or other caregivers. Western academic communities have long researched this issue while social organizations and governments consider the protection of abused children to be a priority of child welfare policy.
 

Child maltreatment is not rare in China. From time to time, we are shocked by headlines about physical and sexual violence against children perpetrated by parents or teachers. However, the topic receives scant attention from academics, society and government due to a shortage of responsible authorities, reporting mechanisms, protection procedures and research. This article attempts to explore why the problem is understood and treated differently in China and the West to explore the inner logic and root of such a discrepancy.

Differences in understanding
There are two major differences in the way child abuse is viewed in China and abroad. First, the definition of the offender is different.
 

From the Western perspective, potential perpetrators include not only family members but also other caregivers, such as teachers, babysitters and social workers. In Chinese law, child abuse is defined as the criminal act of frequently causing harm to family members by hitting, cursing, freezing, starving, restraining, confining or forcing to overwork.
 

Second, the connotation and denotation are not the same. The West defines child abuse as any act or series of acts of commission or omission by a parent or other caregivers that results in harm, potential for harm, or threat of harm to a child, which includes wrongdoing as well as negligence. In contrast, the concept is relatively narrow in China because it mostly refers to actual harm, and the act of child abuse must be serious, malicious in intent, frequent and continual for a long period of time.

Historical, cultural context
The different perception of child abuse in China and the West is closely related to various cultural traditions, values and family relationships on both sides. Western societies uphold individualism, stressing rights, in particular human rights, equality and freedom, rather than a person’s obedience and duty to the family.
 

However, the Chinese believe in collectivism, so obligations are highlighted. Though we have started to put more emphasis on human rights and children’s rights, a legal culture has yet to be formed.
Within the context of China’s unique family culture and ethics, the idea of prioritizing the interest of a family before that of an individual is prevalent. Therefore, one’s obedience to the family and responsibility and obligations among family members are often emphasized.
 

The heavy importance of filial piety in Chinese culture not only spells the moral obligations of children to their parents but also forbids them from complaining about their parents. As a result, the rights of children are more or less neglected. The fact that at all ages, children in Chinese societies are not on an equal footing with their parents in matters affecting them has yet to raise widespread public awareness.
 

In traditional Chinese culture, parents are bestowed with the authority to take whatever punitive actions are needed to correct their children. Unfortunately, the remnants of this attitude still linger in the minds of many Chinese. The purpose of family is not to protect children. Rather, children are expected to perform well and bring glory to the family.

Such a difference in understanding children directly affects the attitude China and the West hold toward child abuse. In the West, rights of children are prioritized, and there is zero tolerance for the violation of children’s rights.
 

In China, however, children and even adults have little awareness of rights. There are still many Chinese who hold to the view that violence amounts to “tough love,” so when family members offend children’s rights, society often shows forgiveness rather than the attention that children deserve.

The parent-child relationship is purely a top-down relationship in China. By contrast, there is no such hierarchy in the Western familial relationship, which values equality and friendship, and in the West, parental power is subject to government supervision. Beating children is not justifiable in Western family ethics and law. In the Chinese family, the heavy emphasis on filial piety makes it difficult to distinguish child abuse from harsh discipline.

Family as private sphere
The two sides hold different views on the relationship between child, parent and state, which also leads to different understandings on the matter of child abuse.

With regard to the role of state, there are three typical opinions. One is that children are to be considered parents’ private property and can be handled in any way they deem appropriate. The other opinion is that children have rights as full-fledged citizens of the nation, and society entrusts parents with the responsibility of their wellbeing. The third standpoint, also the mainstream opinion, combines the aforementioned views to argue that parents and the state both have rights and responsibilities to look after children, and their health, welfare and education are tied to a nation’s fate, so parents’ guardianship needs to be overseen by the state and society.
 

Theoretically, a nation’s duty to children is accomplished through parents or families. Only when parents or families are absent will the nation take over full responsibility for looking after children. The ways the Chinese government handles the cases and the level of intervention are quite different from the West. In addition to general principles of law, a lack of parental child-rearing standards, national or community supervision measures, and welfare services for children and families make the prevention of and intervention in child abuse in China detached and groundless.

The argument of “justice within a family” also hinders government intervention in China. While the West highlights family justice so as to endorse the states right to supervise the family and protect children, Chinese society seldom discusses it because many people believe family is a private sphere, and the public is also not inclined to intrude into the private domain of the family. Moreover, many take it for granted that it is their right to beat their own child when they try to teach them. As long as it does not cause serious injury or death with malicious intent, the public will not interfere.

Possible solutions
As a signatory of the UN Convention on the Rights of the Child, there is a need for the Chinese government, the academic community and professionals to reflect on their view and treatment of child abuse to achieve more effective protection for all children.

First, we need to clarify the main government body in charge. At present, the responsibility for child protection is diffused among a number of departments, such as civil affairs, public security, education, health, women’s federations and the Communist Youth League. Once child maltreatment is reported, all departments take on their individual responsibilities, but there is no one in charge of responding in a timely and effective manner.

In the meantime, it is also vital to establish a cooperative mechanism among various government bodies and social services guided by regulations and laws so that each participant is fully aware of their roles and lawful responsibilities.
 

Due to the fact that social organizations are still in their infancy in China, are mostly small in scale, and lack professionalism and public trust, the government should take the lead in protecting children to develop a problem-oriented, community-based child protection system that is anchored in prevention.
 

Second, we must define the concept of child abuse in the Chinese context. To avoid an exaggeration in recognition, it is essential to comply with China’s realities and not to copy Western definitions. Given Chinese society’s poor public awareness of child abuse, a general education about its concept, form, nature, consequences and damages will largely help reduce child abuse and neglect.
 

Finally, we need to place equal emphasis on both intervention and prevention. To better protect children from harm, child abuse should not simply be treated as a criminal matter. Instead, it should be dealt with as a social problem.
 

Most developed countries have established a three-step precautionary child protection service system. To be specific, primary prevention is aimed at the general population, mainly through promoting rescue and support services for children and families in need to enhance child-protection awareness. Secondary prevention targets high-risk populations or families through risk screening, early warning and family services. The goal of the third level of prevention is to control and stop the abuse from happening again with measures such as counselling, psychotherapy, child and family welfare services, and judicial intervention.
 

China is a populous country with very limited resources for child abuse intervention at this stage. Therefore, it is urgent to work on prevention and develop a reporting system, child protection procedures and a state supervision system.

Qiao Dongping and Xie Qianwen are from the School of Social Development and Public Policy at Beijing Normal University.