Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, penal institutions and alternative care settings.

The right of parents to administer “reasonable chastisement” is recognised under English common law. This should be repealed, and explicit prohibition should be enacted of all corporal punishment, however light, by all persons with authority over children.

Section 74 of the Education Act should be repealed and explicit prohibition of corporal punishment should be enacted in relation to all educational settings, including public and private, full and part time, and including religious institutions. Explicit prohibition should also be enacted in relation to disciplinary measures in all institutions accommodating children in conflict with the law and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home under common law.

Children have limited protection from violence and abuse under provisions in the Juvenile Act, the Criminal Law (Amendment) Act, the Offences Against the Person Act (Cap.56) and the Maintenance of Children Ordinance.

As at February 2009, the Organisation of Eastern Caribbean States (OECS, of which Anguilla is an associate member) has drafted a “model” Children (Care and Adoption) Bill (2007) which is under consideration by the attorney-general. The Bill protects children from “abuse” but does not prohibit corporal punishment. It defines parental responsibility with reference to the duties, authority, rights and obligations “which by any law in force in [Anguilla], the parent of a child has in relation to that child” (article 2).

Schools

Corporal punishment is lawful in schools under section 74 of the Education Act.

Penal system

Corporal punishment is explicitly abolished as a sentence for crime by article 363 of the Criminal Code (2000). As at February 2009, a Child Justice Bill (2007) has been drafted by the OECS, for consideration by the attorney general, which does not include corporal punishment among permitted sentences.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions, but there is no explicit prohibition. The Prison Regulations (2001) under the Prison Act limit the amount of force used by a prison officer to what is considered “necessary” (section 27) and do not include corporal punishment in the list of punishments for disciplinary offences (section 33). The draft Child Justice Bill does not prohibit corporal punishment in institutions accommodating children in conflict with the law.

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings, and it is not prohibited in the OECS “model” Children (Care and Adoption) Bill. The Bill states that a person authorised to provide care for a child shall “correct and manage the behaviour of the child” (article 29(c)). It authorises the Minister to make regulations for “the management and discipline of an approved child care service” (article 140(2)(m)).

Prevalence research

None identified.

Recommendations by human rights treaty bodies relating to UK overseas

Committee on the Rights of the Child

"The Committee expresses grave concern that corporal punishment is still widely practised in many of the Overseas Territories and that domestic legislation generally does not prohibit and eliminate its use in schools, care institutions and homes. It also notes with concern that the British Virgin Islands is the only remaining Territory that has not yet prohibited by law the use of judicial corporal punishment.

"The Committee recommends that all appropriate measures, including of a legislative nature, be taken to prohibit and eliminate all forms of corporal punishment within the school, juvenile justice and alternative care systems and in the home. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28.2."
(16 October 2000, CRC/C/15/Add.135, Concluding observations on initial report, paras. 35 and 36)

Committee on Economic, Social and Cultural Rights

"Given the principle of the dignity of the individual, which provides the foundation for international human rights law (see paragraph 41 of the Committee's General Comment No.13) and in the light of article 10.1 and 10.3 of the Covenant, the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child (see paragraph 31 of the 1995 concluding observations of that Committee (CRC/C/15/Add.34))."
(5 June 2002, E/C.12/1/Add.79, Concluding observations on fourth report of UK, the Crown Dependencies and the Overseas Dependent Territories, para.36)

Committee Against Torture

"Positive aspects:
d) the removal of corporal punishment as a penalty in several of the Dependent Territories."
(17 November 1998, A/54/44, Concluding observations on third report, para.74)

"The Committee recommends that the Government of the United Kingdom take the following measures:
i) reconsidering corporal punishment with a view to determining if it should be abolished in those dependencies that still retain it."
(9 July 1996, A/51/44, Concluding observations on second report, para.65)

"... The territories appeared to be governed in accordance with the obligations on the Convention and the Committee congratulated the Government of the United Kingdom in this respect. The Committee was, however, interested in receiving more detail pertaining to cases of corporal punishment in the territories retaining it. The nature and incidence of such punishment, together with details of the cime and the characteristics of the offender, should be forwarded to the Committee when the information is gathered...."
(26 June 1993, A/48/44, Concluding observations on initial report, para.283)