Lawfulness of corporal punishment

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Corporal punishment of children by parents is lawful in the home. It is also common for vidomégons, children traditionally placed with other families for the purpose of education or employment, to be victims of maltreatment and high levels of physical violence.

Children have some protection from ill-treatment and neglect by parents or guardians under the Criminal Code (article 312), the Code on Persons and the Family (2004) and the Constitution (1990). Assault and battery and other forms of physical ill-treatment are punished by articles 295 and following of the Criminal Code, with penalties increased for crimes against children aged less than 15 years.

Schools

Corporal punishment is prohibited in schools (structured formal education) by Circular letter No. 100/MENC (1962), but not in law. We have been unable to ascertain whether this also applies to the traditional system of education where children are educated within the local family and community environment in accordance with current rituals and customs and where, according to the initial state party report to the Committee on the Rights of the Child (CRC/C/3/Add.52 (1997), paras.171-172), over 40% of children (60% of girls) are educated.

Penal system

Corporal punishment is unlawful as a sentence for crime. Juveniles under the age of 18 years are dealt with by juvenile courts established under Ordinance No.69-23/PR/MJL (1969). Corporal punishment is not available as a sentence for crime under this Ordinance. The Constitution (article 18) prohibits torture or other cruel, inhuman or degrading treatment or punishment. As at 2004, there was a draft Criminal Code and Code of Criminal Procedure.

Under article 38 of Ordinance No.69-23, juveniles may be placed in a private or state-run home, a private or state-run boarding school, or a juvenile rehabilitation centre. They may also be detained in prisons. There is no explicit prohibition in law of corporal punishment as a disciplinary measure in these penal institutions. Laws pertaining to conditions in penal institutions include Decree No.73-293 (1973), modified by Decree No.78-161 (1978). The second periodic state party report to the Committee on the Rights of the Child in 2005 states that corporal punishment is prohibited in penal institutions, but we have been unable to establish whether this is by law or policy.

Alternative care

There is no explicit prohibition of corporal punishment in all other institutions and forms of childcare. The provisions against violence and abuse in the Penal Code apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the measures taken to strengthen the legal framework on the rights of the child and to bring the national legislation into conformity with the Convention, notably the Persons and Family Code and the draft Children’s Code. However, the Committee notes that the national legislation in some areas, inter alia corporal punishment, has still not been brought into full conformity with the Convention.

“The Committee notes with particular concern that corporal punishment is lawful in the home and institutions. Although measures are being taken to address this issue in the context of disciplinary measures in schools, the Committee is concerned that corporal punishment in schools is not prohibited by law and that corporal punishment is widespread throughout society as a method of discipline, due to the generally tolerant attitude towards this practice.

“The Committee recommends that the State party:

1. explicitly prohibits corporal punishment by law in the family, schools and institutions and implement existing prohibitions;
2. conduct a comprehensive study to assess the causes, nature and extent of corporal punishment as well as an evaluation of the impact of measures undertaken so far by the State party to reduce and eliminate corporal punishment;
3. introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of childrearing and education;
4. ensure that an educational programme be undertaken against corporal punishment, insisting both on the child rights and psychological aspects; and
5. ensure recovery and social reintegration of victims of corporal punishment.

“The Committee draws the attention of the State party to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8).

“In light of articles 28 and 29 of the Convention and taking into account the Committee general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party continue to allocate adequate financial, human and technical resources in order to:

c) take actions to prevent corporal punishment, sexual violence and harassment in schools.”
(20 October 2006, CRC/C/BEN/CO/2, Concluding observations on second report, paras. 9, 39, 40 (a, b, c, d and e), 41 and 62 (c))

“While the Committee is aware that corporal punishment is prohibited by law in schools, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within the family, schools, the care and juvenile justice systems and generally within society. The Committee recommends that the State party reinforce measures to raise awareness of the negative effects of corporal punishment and ensure that discipline in families, schools and all institutions is administered in a manner consistent with the child’s dignity and in conformity with the Convention.”
(12 August 1999, CRC/C/15/Add.106, Concluding observations on initial report, para. 19)

“Tout en notant que la législation de l’État partie interdit les châtiments corporels dans les écoles (circulaire 100/MEN/CAB de 1962), le Comité demeure préoccupé par l’absence d’une législation les interdisant dans la famille et d’autres institutions que l’école. Le Comité est également préoccupé par le recours fréquent à cette pratique dans l’éducation au Bénin. (article 16) 

L’État partie devrait  élargir la législation interdisant les châtiments corporels à la famille et d’autres institutions que l’école. L’État partie devrait veiller à ce que la législation interdisant les châtiments corporels soit strictement appliquée et mener des campagnes de sensibilisation et d’éducation en ce sens.”
(22 November 2007, CAT/C/BEN/CO/2, Unedited Version, Concluding observations on second report, para. 23 – as at February 2008 available in French only)