Lawfulness of corporal punishment

Home

Corporal punishment of children is lawful in the home. Section 5 of the Juvenile Act (1951) deals with cruelty and states: “(6) Nothing in this section shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer reasonable punishment to him.”

Children have limited protection from abuse and neglect under the Childcare and Protection Act (2003, in force 2004), the Offences Against the Person Act (1873, amended 1986), and the Domestic Violence (Summary Proceedings) Act (1999). The latter defines domestic violence as “any act of violence whether physical or verbal abuse perpetrated by a member of a household upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm to the abused party or any other member of the household” (section 2).

Schools

Corporal punishment is lawful in schools under the Education Act (1973), which allows its administration by a principal, deputy or delegated person.  Section 32 (1) states that “degrading and injurious punishment shall not be administered” but section 32 (2) allows for corporal punishment “as a last resort”. Section 5 of the Juvenile Act (see above) also applies.

Penal system

Corporal punishment is lawful as a sentence for crime for males under the Corporal Punishment Act (1949, amended 1967), which allows for males under the age of 18 to be sentenced to whipping up to 12 strokes (section 3). The constitutional prohibition of torture and inhuman or degrading punishment or treatment does not apply to any law which “authorises the infliction of any description of punishment that was lawful in Antigua on 31^st October 1981” (Constitution Order, 1981, article 7).

Corporal punishment is lawful as a disciplinary measure in penal institutions. The Corporal Punishment Act provides for flogging for breaches of prison discipline (section 4), and the Prison Act (1956, amended 1989) allows up to 12 strokes for persons below the age of 21 years (section 11). The Training Schools Act (1891, amended 1989) states that the Cabinet may make regulations with respect to (section 5 (i)): “The enforcing of any regulations made under this section by fine, whipping, imprisonment or other punishment ….” Section 5 of the Juvenile Act (see above) also applies.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. Section 5 of the Juvenile Act (see above) applies.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is seriously concerned about the Corporal Punishment Act and the 1973 Education Act which provides for corporal punishment, which is in clear contravention of article 19 of the Convention. The Committee is concerned that corporal punishment is still widely practised in the family, in schools and in other institutions.

“The Committee recommends that the State party:

1. consider the immediate repeal of, or amendment to, the Corporal Punishment Act and the Education Act;
2. expressly prohibit corporal punishment by law in the family, schools and other institutions;
3. conduct awareness-raising campaigns to inform the public about the negative impact of corporal punishment on children and actively involve children and the media in the process; and
4. ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society.

“The Committee recommends that the State party take the necessary measures to prevent child abuse and neglect by, inter alia:
a) carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and alternative measures of disciplining children, addressing sociocultural barriers that inhibit victims from seeking assistance....”
(3 November 2004, CRC/C/15/Add.247, Concluding observations on initial report, paras.35, 36 and 48)