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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”.
Children have limited protection from violence and abuse under the Juveniles Law (1968, amended 2002) and other provisions in the Penal Code (including articles 333-338 on physical violence). As at September 2006, the Penal Code was under revision, and a draft Child Rights Act had been submitted to the National Assembly but this does not prohibit corporal punishment in the home. As at May 2007, a draft act on domestic violence was under discussion in the Council of Ministers and due to be submitted to Parliament, and a new Penal Code was under discussion in Parliament.
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Schools
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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), requires that schools follow preventive measures, including respect for students, and their feelings and beliefs, and outlines measures that can be followed in cases of misconduct. All forms of corporal punishment are prohibited. Later official guidelines, entitled “Directives amending the school discipline guidelines, issue No. 1 of 1988”, outline positive approaches to student behaviour at every stage of education.
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Committee on the Rights of the Child
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“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)
“The Committee is concerned about the lack of adequate measures taken by the authorities to evaluate and address the problem of domestic violence.
“A study on the extent and nature of domestic violence is recommended. Appropriate follow-up measures should be envisaged, not least in the field of family education and social support.”
(25 April 1994, CRC/C/15/Add.21, Concluding observations on initial report, paras. 15 and 23)
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Committee Against Torture
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“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)
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JORDAN