Lawfulness of corporal punishment
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Home
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Corporal punishment is lawful in the home.
Children have some protection from violence under the Guam Code (Ch.30, “Family Violence”, 1994, and Ch.31 “Offenses Against the Family”).
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Schools
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Corporal punishment is lawful in schools. The Guam Code states (17GCA 2.5114): “Every teacher in the public schools shall hold pupils to strict account for their conduct while on school premises and when authorized off-campus school activities.” It is the responsibility of the Board of Education to establish student discipline policy (17GCA 2.3112(5)). The policy published by the Education Policy Board (last amended 1991) states that it must be used only as a last resort, only by the principal, and only for children whose parents sign a notarised consent form. In 2003, the Board was considering revising the policy such that enrolment into the public school system would itself constitute consent by parents for corporal punishment.
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Penal system
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Corporal punishment is unlawful as a sentence for crime.
Corporal punishment is prohibited as a disciplinary measure in penal institutions, though we have been unable to ascertain whether this is by law or policy. The Corrections Act states (Guam Code 9.90.30 (9GCA 90.30)): “The Director subject to the approval of the Governor by Executive Order, is authorized to make rules and regulations for the administration of correctional institutions and other places of confinement, including, but not limited to, necessary disciplinary measures for inmates thereof and for their treatment, care, labor, rehabilitation and reformation.” The Youth Correction Act (Guam Code Ch.83, 1965 (9GCA 83)) has not been implemented due to the lack of facilities for youth offenders.
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Alternative care
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There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.
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Workplace
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No information.
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Prevalence research
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None identified.
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Recommendations by human rights treaty bodies
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The US has signed but not ratified the Convention on the Rights of the Child.
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This analysis has been compiled from information from governmental and non-governmental sources, including reports on implementation of the Convention on the Rights of the Child. Every effort is made to maintain its accuracy. Please send us updating information and details of sources for missing information: info@endcorporalpunishment.org.
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