Date: June 2002

Fiji declares corporal punishment in schools and penal system unconstitutional

In an appeal against a sentence of, among other things, six strokes of corporal punishment in the Fiji Court of Appeal, the Fiji Human Rights Commission intervened with written submissions. These stated that all corporal punishment, per se, is against section 25(1) of the Fiji Constitution and against international human rights law.

The judgment declared:

"Children have rights no wit inferior to the rights of adults. Fiji has ratified the Convention on the Rights of the Child. Our Constitution also guarantees fundamental rights to every person. Government is required to adhere to principles respecting the rights of all individuals, communities and groups. By their status as children, children need special protection. Our educational institutions should be sanctuaries of peace and creative enrichment, not places for fear, ill-treatment and tampering with the human dignity of students..."

The Court quashed the sentence of corporal punishment and in addition declared that corporal punishment in the penal system and in schools is unconstitutional and unlawful. (High Court of Lautoka, Naushad Ali v State, 21 March 2002)

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