Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have some protection from some violence and abuse under the Criminal Code.

Schools

Corporal punishment is lawful in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sanction for crime under the Criminal Code, which allows for only a fine or a warning for persons under the age of 18 years.

There is no explicit prohibition of corporal punishment as a disciplinary measure in correctional institutions. A review of juvenile criminal law was due for completion early in 2003.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“...The Committee is also concerned that there is no legal prohibition on corporal punishment in the family.

“The Committee recommends that the State party:
d) explicitly prohibit corporal punishment in law throughout the State party and carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment.”
(26 February 2004, CRC/C/15/Add.227, Concluding observations on initial report of Aruba and second report of Netherlands, paras.43 and 44)