Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have limited protection from violence under the Penal Code (1976). A new law on child protection was due to be passed in 2007.

Schools

Corporal punishment is prohibited in schools under the Code of School Discipline, promulgated by the Ministry of Education in Ordinance No. 549/168-1/1992.

Penal system

We have been unable to establish the legality of corporal punishment as a sentence for crime. Article 19 of the Constitution (2002) states: “(d) No person shall be subjected to physical or mental torture, or enducement, or undignified treatment ….” Under article 32 of the Penal Code, young persons under the age of 15 years can be subject only to the measures in the Juveniles Act (1976), which do not include corporal punishment (article 6). Article 70 of the Penal Code states that being aged 15-18 years is a mitigating circumstance warranting adjusted sentences. We have been unable to ascertain whether these include corporal punishment or whether children are subject to the sentence of corporal punishment under Shari’a law. The Constitution states that Shari’a is “a principal source for legislation” (article 2).

We have been unable to ascertain the legality of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

No information.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes information … that the Bahrain Institute for Science has been commissioned to undertake a national study on child abuse. Nevertheless, it is concerned that there is insufficient awareness of the ill-treatment of children within the family, as well as domestic violence and its impact on children.

“The Committee recommends that the State party:

1. ensure that the study is comprehensive, assesses the nature and extent of ill-treatment and abuse of children, as well as domestic violence, and that it is used to design policies and programmes to address this issue;
2. take legislative measures to prohibit all forms of violence, including corporal punishment and sexual abuse of children in the family, schools and in other institutions;
3. 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…”

(7 February 2002, CRC/C/15/Add.175, Concluding observations on initial report, paras. 37 and 38 (a, b and c)