Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, penal institutions and alternative care settings.

Article 580 of the Family Code confirms the power of those with parental authority “to reprimand and correct” the child; 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. All legal defences for the use of corporal punishment should be repealed.

Explicit prohibition should be enacted in relation to all education settings, public and private, all institutions accommodating children in conflict with the law, and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Article 580 of the Family Code (1997) states that parental authority includes the power “to reprimand and correct to the extent compatible with the age and level of understanding of the child”. Provisions against violence and abuse in the Family Code, the Penal Code (2010), the Constitution (2004), Imperial Order No. 79/077 covering protection of youth (1979), and Law No. 280 (1961) are not interpreted as prohibiting corporal punishment in childrearing. A new Family Code has been drafted and as at January 2012 is under consideration by the Parliamentary Gender Commission, but we have no details of its proposed provisions.

Schools

Corporal punishment is lawful in schools. Imperial Order No. 78/034 (1978) covers the physical and moral protection of young persons in residential educational institutions or boarding schools, but does not prohibit corporal punishment.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in the Penal Code (2010), the Penal Procedure Code (2010) or the Law on the Juvenile Court (1995).

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is lawful in alternative care settings, where article 580 of the Family Code presumably applies (see above).

Prevalence research

A UNICEF report published in 2010 states that 89% of children aged 2-14 experienced violent discipline (physical punishment and/or psychological aggression) in 2005-2006. Seventy-eight per cent experienced physical punishment, while a much smaller percentage (25%) of mothers and caregivers thought that physical punishment was necessary in childrearing; non-violent discipline was also widely used, experienced by 90% of children. A third of children experienced severe physical punishment (being hit or slapped on the face, head or ears or being hit over and over with an implement) and 83% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). Boys were slightly more likely than girls to experience violent discipline (90% compared with 88%). Children aged 5-9 were more likely to experience violent discipline than those of other ages: 91% of children aged 5-9 compared with 85% of children aged 2-4 and 90% of children aged 10-14. Children living in larger households were more likely to experience violent discipline: 90% of children in households of 6 or more people compared to 83% of children in households of 2-3 people. (UNICEF (2010), Child Disciplinary Practices at Home: Evidence from a Range of Low- and Middle-Income Countries, NY: UNICEF)

According to statistics from UNICEF on violence in the family, in 2005-2006 children with disabilities were more likely to experience severe physical punishment: 36% of disabled children aged 2-9 were hit or slapped on the face, head or ears or hit over and over as hard as possible with an implement, compared with 28% of non-disabled children. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned at incidents of police brutality and corporal punishment committed against children, notably in Bangui.

“The Committee recommends that the State party end all acts of violence against children, including corporal punishment, committed by, among others, members of the police forces. The Committee also recommends that the State party provide child rights training programmes for police and detention officials.”
(18 October 2000, CRC/C/15/Add.138, Concluding observations on initial report, paras. 44 and 45)

Universal Periodic Review

The Central African Republic was examined in the first cycle of the Universal Periodic Review in 2009. No recommendations were made concerning corporal punishment of children. Examination in the second cycle is scheduled for 2013.