Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have limited protection from abuse under the Minors Act, the Law on the Protection of Young People and the Juvenile Welfare Act (1983).

Schools

Corporal punishment is prohibited in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime. The Law of Administration for the State of Iraq for the Transitional Period (2004) states in article 15 that “torture in all its forms, physical or mental, shall be prohibited under all circumstances, as shall be cruel, inhuman, or degrading treatment”. The Coalition Provisional Authority (CPA) Order No. 7 Penal Code (2003), in section 3 (“Penalties”), prohibits “torture and cruel, degrading or inhuman treatment or punishment”. This Order was implemented by CPA Memorandum No. 3 (Revised) Criminal Procedures (2004) which establishes procedures for applying criminal law in Iraq. Prior to the enactment of these laws, the Revolutionary Command Council had enacted a number of criminal penalties involving physical mutilation, including amputation and branding (e.g. Decree Nos. 59, 109, 115 and 117 of 1994).

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

Alternative care

No information.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“In the light of article 19 of the Convention, the Committee expresses its concern that corporal punishment is not expressly prohibited in domestic legislation. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at all levels of society. The Committee also suggests that awareness-raising campaigns be conducted to 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 article 28.2.”
(26 October 1998, CRC/C/15/Add.94, Concluding observations on initial report, para. 20)

Human Rights Committee

“The Committee is deeply concerned that Iraq has resorted to the imposition of cruel, inhuman and degrading punishments, such as amputation and branding, which are incompatible with article 7 of the Covenant. Similarly, the Committee is deeply concerned by Revolutionary Command Council Decree No. 109 of 18 August 1994, which stipulates that any person whose hand has been amputated for a crime thus punishable by law shall be branded between the eyebrows with an ‘X’ symbol, by the application of this decree retroactively to persons whose hands have already been amputated, and by the explanation given by the delegation that this punishment was imposed to distinguish convicted offenders from persons mutilated in the war. In this regard:

The imposition of such punishments should cease immediately, and all laws and decrees providing for their imposition, including RCC Decree No. 109 of 1994, should be revoked without delay.”
(19 November 1997, CCPR/C/79/Add.84, Concluding observations on fourth report, para. 12)