Summary of law reform necessary to achieve full prohibition

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

Articles 548 and 64 of the Transitional Penal Code confirm the right to administer “lawful and reasonable chastisement” or other acts carried out in exercising the “right of correction”. The near universal acceptance of corporal punishment in childrearing means that the law should be clear that no form or amount of such punishment is acceptable or lawful. These provisions should be repealed in the new Penal Code, and explicit prohibition enacted of all corporal punishment by parents and others with children in their care.

Explicit prohibition should be enacted in legislation applicable to all education settings (public and private). The new Penal Code should not allow for judicial corporal punishment, and explicit prohibition should also be enacted in relation to disciplinary measures in all institutions accommodating children in conflict with the law and in 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. Eritrea’s criminal law is based on the 1957 Penal Code of Ethiopia, amended by Proclamation No. 4/1991 and known as the Transitional Penal Code of Eritrea. We have been unable to examine this Proclamation, but in its original form the 1957 Penal Code provides for corporal punishment of children. Article 64(b) states that “acts reasonably done in exercising the right of correction or discipline” are not punishable; article 548 punishes cruelty to children under 15 but states: “(2) The right to administer lawful and reasonable chastisement is not subject to this provision (Art. 64).” During the Universal Periodic Review of Eritrea in 2009, the Government stated that Proclamation No. 4 prohibits corporal punishment (8 March 2010, A/HRC/13/2/Add.1, Report of the Working Group: Addendum, para. 14). We have been unable to verify this information, but it would appear that any prohibition does not apply to all forms of corporal punishment: under examination by the Committee on the Rights of the Child in 2008, the Government stated that the Transitional Penal Code prohibits corporal punishment in the home, schools and other institutions (23 October, CRC/C/ERI/3, Second/third state party report, para. 72), but also that “light punishments” by persons with legal authority over the child are permitted (para. 56). At the end of 2009, the Government was in the final stages of drafting Civil and Criminal Codes and Civil and Criminal Procedure Codes. They are said to be in line with the Constitution (1997) – which upholds the dignity of every person and prohibits cruel, inhuman or degrading treatment or punishment (article 16) – but we have no information regarding provisions relating to corporal punishment of children.

Schools

A school code of conduct states that corporal punishment should not be used but there appears to be no explicit prohibition in law. As noted above, during the 2009 Universal Periodic Review of Eritrea, the Government indicated that corporal punishment is prohibited by Proclamation No. 4/1991 but we have been unable to verify this and the assertion is contradicted by previous statements to the Committee on the Rights of the Child that “light punishments” are lawful (see above).

Penal system

Corporal punishment appears to be lawful as a sentence for crime (information unconfirmed). Article 172 of the 1957 Penal Code states that young offenders may be ordered to be caned up to 12 strokes on the buttocks. We have been unable to ascertain whether or not Proclamation No. 4/1991 repealed this provision.

There appears to be no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. We have been unable to verify Government statements that it is prohibited under Proclamation No. 4/1991 (see above).

Alternative care

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

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“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))

Universal Periodic Review

Eritrea was examined in the first cycle of the Universal Periodic Review in 2009. The Government did not accept the recommendation to prohibit corporal punishment of children in the penal and educational systems, citing existing prohibition in Proclamation No. 4 of 1991 (A/HRC/13/2/Add.1, Report of the Working Group: Addendum, para. 14). Examination in the second cycle is scheduled for 2014.