Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. According to the third state party report to the UN Committee on the Rights of the Child (2007), the Transitional Penal Code of Eritrea prohibits corporal punishment in homes, schools and any other institutions (CRC/C/ERI/3, para. 72), but our information is that under articles 548 (2) and 64 (b) of the Code, the prohibition of beating a child does not preclude the rights to administer “lawful and reasonable chastisement” or other acts carried out in exercising the “right of correction”.

Children have limited protection from abuse and neglect under the Transitional Penal Code, the Transitional Civil Code and the Draft Penal Code. As at October 2004, the Child Law Committee was drafting a new Child Law.

Schools

Corporal punishment is prohibited by a school code of conduct, but not in law.

Penal system

Corporal punishment is lawful as a sentence for crime under article 172 of the Transitional Penal Code, but it is abolished in the Draft Penal Code (articles 76-77). Article 16 of the Constitution states that the dignity of all persons is inviolable and that no person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

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

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. The provisions in the Transitional Penal Code (see above) apply.

Workplace

There is no explicit prohibition of corporal punishment of children in situations of employment.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes that the provision on corporal punishment in the Transitional Penal Code only applies to children under 15 years when endangering gravely their physical and mental health and that “reasonable chastisement” remains permitted. The Committee is concerned that corporal punishment is still widely practised in the home, the schools and in other settings.

“The Committee recommends that the State party prohibit corporal punishment by law and enforce the prohibition in all settings, including in the family, the schools and alternative childcare. It also recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are used, in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006). The Committee also recommends the State party to seek technical assistance from UNICEF in order to implement relevant programmes in the school environment.”

(6 June 2008, Advanced Unedited Version, CRC/C/ERI/CO/3 6 June 2008, Concluding observations on second/third report, paras. 38 and 39)

“The Committee is concerned at the lack of data on ill-treatment of children, including child abuse and corporal punishment. It also notes with concern that corporal punishment is not expressly prohibited by law and is widely practised in the home and in institutions.

“The Committee recommends that the State party:

b) carry out public education campaigns about the negative consequences of ill-treatment of children and, in collaboration with community leaders and others, promote positive, non-violent forms of discipline as an alternative to corporal punishment;

c) expressly prohibit corporal punishment by law in the home, schools and other institutions; …”
(2 July 2003, CRC/C/15/Add.204, Concluding observations on initial report, paras. 31 and 32 (b and c))