Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have some protection from violence and abuse under the provisions on offences against children (articles 345-357) in the Criminal Code (1972, amended 2000) and the Constitution (1992, amended 1998), which states in article 17 that the State “shall organize the exercise of rights which guarantee to the individual personal integrity and dignity, and complete physical, intellectual, and moral development”.

Schools

Corporal punishment is lawful in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime under Order 62-038 (1962) on the protection of childhood and the Code of Criminal Procedure (1962).

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

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. The provisions in the Criminal Code and the Constitution (see above) apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting that child abuse is prohibited under the Criminal Code as amended by Act No. 98-024 of 25 January 1999, the Committee is concerned at the incidence of abuse, including sexual abuse, violence against and neglect of children in the State party; that corporal punishment is not prohibited under law; and that insufficient efforts have been made to protect children….

“The Committee recommends that the State party:

b) take all necessary steps to introduce the legal prohibition of corporal punishment in schools and other institutions and at home, and train teachers in the use of alternative measures of discipline….”
(27 October 2003, CRC/C/15/Add.218, Concluding observations on second report, paras. 45 and 46 (b))

“The Committee is concerned about the problems associated with ill-treatment, abuse and violence directed towards children in school and in the family, which is reinforced by social custom. In this connection, the Committee notes with concern that child abuse has not yet been clearly addressed, that adequate legal remedies for abused children do not exist and that there are inadequate safeguards against reprisals against children who report abuse.

“… New legislation should be adopted in those areas where the protection of children is not yet adequately addressed, such as in the fields of child abuse and national and intercountry adoption or the administration of juvenile justice….”
(24 October 1994, CRC/C/15/Add.26, Concluding observations on initial report, paras. 11 and 18)