Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home and alternative care settings.

There appears to be no confirmation in legislation of a right of parents and others with parental authority to administer physical punishment, but legal provisions against violence are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of corporal punishment in “disciplining” children necessitates a clear statement in law that all corporal punishment, however “light”, is prohibited.

Explicit prohibition should be enacted in legislation applicable to all alternative care settings, including non-institutional care, informal care, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. In response to recommendations to prohibit corporal punishment of children made during the Universal Periodic Review in 2008, the Government stated that existing legislation adequately addressed the issue (9 November 2009, A/HRC/10/29, Report of the Human Rights Council on its tenth session, para. 605). Article 128 of the Civil Code (1999) confirms the right of a child not to be subjected to corporal punishment but, as the Government has stated, this applies only to schools and other institutions (9 January 2001, CRC/C/11/Add.23, Initial report to the Committee on the Rights of the Child para. 127). We have found no evidence that provisions against violence and abuse in the Juvenile Code, the Penal Code (2003) and the Constitution (2010) are interpreted as prohibiting all corporal punishment in childrearing.

Schools

Corporal punishment is prohibited in public and private schools under article 128 of the Civil Code.

Penal system

Corporal punishment is unlawful as a sentence for crime. The Constitution protects physical integrity and prohibits torture, cruel, degrading or inhumane penalties and treatment (article 27); the Criminal Code also prohibits torture and cruel, inhuman or degrading treatment (article 162).

Corporal punishment is unlawful as a disciplinary measure in penal institutions under article 128 of the Civil Code.

Alternative care

Corporal punishment is prohibited in public and private institutions under article 128 of the Civil Code but is not explicitly prohibited in non-institutional forms of care.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that corporal punishment is widely practiced in the home and in schools, and by the police forces against vulnerable groups such as street children.

“The Committee recommends that the State party:

1. take steps to end the practice of corporal punishment in schools and in the home;
2. conduct, inter-alia, awareness raising and education campaigns to change public attitudes;
3. provide training and information on alternative forms of non-violent, discipline, and ensure that these are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2….”

(7 November 2001, CRC/C/15/Add.168, Concluding observations on initial report, paras. 35 and 36)

Universal Periodic Review

Cape Verde was examined under the Universal Periodic Review process in 2008. In response to recommendations to prohibit corporal punishment of children the Government stated that the issue is addressed in existing law (9 November 2009, A/HRC/10/29, Report of the Human Rights Council on its tenth session, para. 605). Examination in the second cycle is scheduled for 2013.