Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home, where parents may exercise “reasonable chastisement”.

Children are protected from cruelty, abuse and neglect by section 1 of the Child Custody Act.

Schools

Corporal punishment is prohibited by law in state schools under the Education Act 2001 (of Tynwald). The single private school is a member of the Independent Schools Council which has banned the use of corporal punishment as a matter of policy.

Penal system

Corporal punishment is unlawful as a sentence for crime. Under sections 14 and 15 of the Criminal Justice Act (1988), the higher criminal courts could impose a sentence of corporal punishment on a male offender aged 10-16 years (10-21 years in the case of assault causing actual bodily harm). These provisions were repealed by the Criminal Justice Act (2001) (an Act of Tynwald) which abolished judicial corporal punishment.

Corporal punishment is prohibited by law as a disciplinary measure against persons aged 17 years and over detained in the Prison, but for young people detained in the Young Person’s Secure Unit it is prohibited only by policy. The Human Rights Act (2001) (an Act of Tynwald) gives effect to the European Convention on Human Rights, including article 3 providing that no one shall be subjected to torture or inhuman or degrading treatment or punishment. The Police Powers and Procedures Act (1998, in force 1999) (an Act of Tynwald) safeguards the proper treatment of persons in police custody, and the questioning and treatment of suspects.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. It is prohibited as a matter of policy in care institutions and in foster care. As at March 2005, consideration was being given to explicit prohibition in all alternative care settings in draft legislation.

Workplace

There is no explicit prohibition of corporal punishment of children in situations of employment. Limited protection is given by the Employment of Children Regulations (2005).

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

"The Committee, while welcoming the State party's efforts to implement the concluding observations on previous State party's reports, notes with regret that some of the recommendations contained therein have not been fully implemented, in particular:
a) with respect to the second periodic report of the United Kingdom (CRC/C/15/Add.188), those related, inter alia, to: ... corporal punishment (§35-38) ...;
c) with respect to the initial report of the United Kingdom – Isle of Man – (CRC/C/15/Add.134) those regarding, inter alia: corporal punishment (§26-27) .....

"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. 6, 40, 41 and 42)

“While noting that the Education Bill 2000 will prohibit the use of corporal punishment in schools and that the Criminal Justice Bill 2000 will prohibit its use within the juvenile justice system, the Committee is gravely concerned that corporal punishment is still practised and widely accepted in the Isle of Man.

“The Committee recommends that the Isle of Man reinforce its efforts to prohibit by law and eliminate the use of corporal punishment in schools, care institutions and the juvenile justice system. The Committee further recommends that the Isle of Man take all appropriate measures to prohibit the use of corporal punishment in the home. In this context, it is suggested 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.

“The Committee notes the efforts of the Isle of Man in the area of juvenile justice, in particular the recent enactment of the Police Powers and Procedures Act (1998) which, inter alia, introduces additional safeguards for children under the age of 17 years who come into conflict with the law. The Committee regrets that the Act does not provide adequate legal protection for all children below the age of 18 years. The Committee notes that the Isle of Man legislature is currently considering the Criminal Justice Bill 2000, which is intended, inter alia, to prohibit the imposition of corporal punishment as a sentence by the island’s courts….

“The Committee encourages the Isle of Man to reinforce its efforts to enact the Criminal Justice Bill 2000, which will prohibit by law the imposition of corporal punishment as a sentence by the island’s courts.”
(16 October 2000, CRC/C/15/Add.134, Concluding observations on initial report, paras. 26, 27, 40 and 42)

Committee Against Torture

“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 depencies that still retain it.”
(9 July 1996, Concluding Observations A/51/44, paras. 58-65, Concluding observations on second report, para. 65(i))

Human Rights Committee

“The Committee notes the information provided by the delegation that corporal punishment is not permitted in schools on the Isle of Man as a matter of policy, and recommends the adoption of legislation to outlaw corporal punishment (arts. 7 and 10).”
(27 March 2000, CCPR/C/79/Add.119, Concluding observations on fourth and fifth reports, para. 11)