Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home and possibly alternative care settings.

The legal defence for the use of “disciplinary beating of children by their parents in a manner allowed by public customs” in article 62 of the Penal Code should be repealed. The near universal acceptance of corporal punishment in childrearing necessitates clarity in law that no degree or type of corporal punishment is acceptable or lawful. Explicit prohibition should be enacted of all corporal punishment, however light and whoever the perpetrator.

We have been unable to verify reports that corporal punishment is prohibited in alternative care settings. There should be explicit prohibition in legislation applicable to all such settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Article 62 of the Penal Code (1960, amended 2001) states that the law permits “disciplinary beating of children by their parents in a manner allowed by public customs”. Article 333 states that injuries inflicted by the parents (that would keep the child in hospital or indoors within 20 days) are not considered as a criminal act.

Children have limited protection from violence and abuse under the Juveniles Law (1968, amended 2002). In September 2006 a draft Child Rights Act was submitted to the National Assembly but we have no up to date information. As at January 2008, a domestic violence bill was under discussion.

Schools

Corporal punishment is prohibited in schools under the School Discipline Regulation, Instruction No. 4 on School Discipline (1981), issued in accordance with Law No. 16 (1964).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted penalty under article 18 of the Juveniles Law.

Corporal punishment is unlawful as a disciplinary measure in penal institutions under the Prisons Act (2004). Applicable Law includes Acts Nos. 11 and 52 (interim Juveniles Acts) (2002). Corporal punishment in institutions run by the Ministry of Social Development for the care, education and rehabilitation of juveniles in conflict with the law is prohibited under the Penal Code and under regulations governing these institutions.

Alternative care

Corporal punishment is reportedly unlawful in other institutions and forms of childcare but we have no details of applicable law. In 2007, draft regulations for licensing daytime, private, domestic and scholastic nurseries were under discussion.

Prevalence research

We have been unable to identify any research on the prevalence of corporal punishment, but according to statistics from UNICEF, of girls and women aged 15-49, 90% think that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes that corporal punishment is prohibited in schools and institutions and that it is unlawful as a disciplinary measure in penal institutions. However, the Committee expresses its concern that physical punishment in the home is culturally accepted and that article 62 of the Penal Code permits parents to discipline their children within the limits established by “general custom”. The Committee regrets that an all-inclusive ban of corporal punishment is not included in the draft Child Rights Act.

“The Committee reiterates that corporal punishment is not compatible with the provisions of the Convention and inconsistent with the requirement of respect for the child’s dignity, as specifically required by article 28, paragraph 2, of the Convention. Therefore, the Committee recommends that the State party prohibit by law all forms of corporal punishment in the home as well as in all other settings, including private and public institutions, and effectively enforce this ban. The Committee also recommends that the State party review the draft Child Rights Act with a view to introducing an all inclusive ban on corporal punishment.

“The Committee recommends that the State party conduct a comprehensive study to assess the nature and extent of corporal punishment in different settings, including the home environment. The Committee also recommends that the State party sensitize and educate parents, guardians and professionals working with and for children by carrying out public education campaigns about the harmful impact of violent forms of “discipline” and promote positive, non-violent, participatory methods of child-rearing. Finally, the Committee draws the attention of the State party to its newly adopted general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and to the recommendations adopted by the Committee on its day of general discussion on violence against children within the family and in schools held on 28 September 2001 (see CRC/C/111).”
(29 September 2006, CRC/C/JOR/CO/3, Concluding observations on third report, paras 46, 47 and 48)

“Noting the establishment of the Family Protection Unit and efforts to address domestic violence, the Committee remains concerned, in light of articles 19 and 39 of the Convention, at the incidence of ill-treatment of children in schools and within the family. The Committee is concerned that apart from Penal Code provisions with respect to abandonment, abduction and indecent assault with violence, existing legislation is inadequate, and there is no comprehensive plan with effective measures to prevent and treat cases of abuse. Concurring with CEDAW, the Committee is concerned that the serious problem of violence against women in Jordan has harmful consequences on children.

“The Committee recommends to the State party to take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family and the schools. The Committee recommends that these measures be accompanied by preventive measures such as public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends to the State party to promote positive, non-violent forms of discipline as an alternative to corporal punishment….”
(2 June 2000, CRC/C/15/Add.125, Concluding observations on second report, paras. 41 and 42)

Committee Against Torture

“The Committee expresses concern about the continuing application of the death penalty, as well as corporal punishment, which could constitute in itself a violation in terms of the Convention.

“The Committee expects Jordan to review its policy relating to corporal punishment.”
(20 July 1995, A/50/44, paras. 159-182, Concluding observations on initial report, paras. 169 and 177)