Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Parents have a right to “reasonably chastise” their children.

Children have limited protection from violence and abuse under the Children Ordinance (1994), modelled on the Children Act (1989) applicable in the United Kingdom, and the Children and Young Persons Act (1933).

Schools

Corporal punishment is prohibited in state schools by the Education (Amendment) Ordinance (2002). It was previously lawful for boys under the age of 11 years and only with parental consent under the Education Ordinance (1989). As at January 2005, there were no private schools on the Islands.

Penal system

Corporal punishment is unlawful as a sentence for crime. Chapter 1 of the Constitution prohibits inhuman or degrading treatment of any person by any public officer or authority, and corporal punishment is not an available sentence for crime under the Criminal Justice Ordinance (1989) and the Criminal Justice (Amendment) Ordinance (1996). However, as at April 2005, Rule 6 of the Prison Regulations (1966), permitting the use of force “in the carrying out of a sentence of corporal punishment”, was yet to be amended.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The provisions of the Prison Rules which permitted corporal punishment of prisoners for certain offences against prison discipline were formally revoked in 1989.

Alternative care

There is no explicit prohibition of corporal punishment in day care centres, residential children’s homes or foster care.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

"The Committee, while noting amendments to legislation in England, Wales, Scotland and Northern Ireland which restrict the application of the defence of 'reasonable chastisement', is concerned that this defence has not been removed. The Committee welcomes the commitment of the National Assembly in Wales to prohibiting all corporal punishment in the home, but notes that under the terms of devolution it is not possible for the Assembly to enact the necessary legislation. The Committee is concerned at the failure of State party to explicitly prohibit all corporal punishment in the home and emphasises its view that the existence of any defence in cases of corporal punishment of children does not comply with the principles and provisions of the Convention, since it would suggest that some forms of corporal punishment are acceptable.

"The Committee is further concerned that corporal punishment is lawful in the home, schools and alternative care settings in virtually all overseas territories and crown dependencies.

"The Committee, reiterating its previous recommendations (CRC/C/15/Add.188, para. 35), in light of its General Comment n° 8 on 'the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment', as well as noting similar recommendations made by the Human Rights Committee; the Committee on the Elimination of Discrimination Against Women; and the Committee on Economic, Social and Cultural Rights, recommends that the State party:

1. prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, in England and Wales, Scotland, and Northern Ireland, and in all overseas territories and crown dependencies;
2. ensure that corporal punishment is explicitly prohibited in schools and all other institutions and forms of alternative care throughout the United Kingdom and in the overseas territories and crown dependencies;
3. actively promote positive and non-violent forms of discipline and respect for children's equal right to human dignity and physical integrity, with a view to raising public awareness of children's right to protection from all corporal punishment and to decreasing public acceptance of its use in childrearing;
4. provide parental education and professional training in positive child-rearing."

(3 October 2008, CRC/C/GBR/CO/4 Unedited version, Concluding observations on third/fourth report, paras. 40, 41 and 42)

“The Committee expresses grave concern that corporal punishment is still widely practised in many of the Overseas Territories and that domestic legislation generally does not prohibit and eliminate its use in schools, care institutions and homes….

“The Committee recommends that all appropriate measures, including of a legislative nature, be taken to prohibit and eliminate all forms of corporal punishment within the school, juvenile justice and alternative care systems and in the home. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2.”
(16 October 2000, CRC/C/15/Add.135, Concluding observations on initial report, paras. 35 and 36)

Committee Against Torture

“Positive aspects:

d) the removal of corporal punishment as a penalty in several of the Dependent Territories.”
(17 November 1998, A/54/44, Concluding observations on third report, paras. 72-77, para. 74(d))

“The Committee recommends that the Government of the United Kingdom take the following measures:

i) reconsidering corporal punishment with a view to determining if it should be abolished in those dependencies that still retain it.”
(9 July 1996, A/51/44, paras. 58-65, Concluding observations on second report, para. 65(i))

“… The territories appeared to be governed in accordance with the obligations on the Convention and the Committee congratulated the Government of the United Kingdom in this respect. The Committee was, however, interested in receiving more detail pertaining to cases of corporal punishment in the territories retaining it. The nature and incidence of such punishment, together with details of the crime and the characteristics of the offender, should be forwarded to the Committee when the information is gathered….”
(26 June 1993, A/48/44, Concluding observations on initial report, paras. 261-283, para. 283)

Committee on Economic, Social and Cultural Rights

“Given the principle of the dignity of the individual, which provides the foundation for international human rights law (see paragraph 41 of the Committee’s General Comment No. 13) and in the light of article 10.1 and 10.3 of the Covenant, the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child (see paragraph 31 of the 1995 concluding observations of that Committee (CRC/C/15/Add.34)).”
(5 June 2002, E/C.12/1/Add.79, Concluding observations on fourth report of UK, the Crown Dependencies and the Overseas Dependent Territories, para. 36)