Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home, where “reasonable chastisement” is permitted.

Schools

Corporal punishment is prohibited in state schools and other institutions by Government guidance issued by the Education Committee in 1986. The head teachers of all private schools are required to comply with the Education Committee’s guidance as a condition of their registration or grant funding. But there is no explicit prohibition in law.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. It is not a punishment available under the Young Offender Institution Rules (Jersey) Law (1994), made in pursuance of the Prison (Jersey) Law (1957, amended). Corporal punishment was removed from the statute books in September 2005. The Human Rights (Jersey) Law (2000) incorporates provisions of the European Convention on Human Rights into domestic law, including article 3 providing that no one shall be subject to torture or inhuman or degrading treatment or punishment, was not yet in force. New Prisons and Young Offenders Rules have been drafted to ensure they are compliant with the European Convention but as at March 2005 had not yet come into force. The guidance issued by the Education Committee in 1986 applies (see above).

Alternative care

There is no explicit prohibition in law of corporal punishment in other institutions and forms of childcare. It is prohibited as a matter of policy in care institutions and foster care.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

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)