Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, penal system, alternative care settings and possibly schools.

In light of the near universal acceptance of a certain degree of violence in childrearing, laws confirming the duty of parents to control/discipline their children should be repealed and explicit prohibition enacted of corporal punishment by all adults with authority over children, including within the family.

In schools, explicit prohibition should be enacted in relation to all education settings, public and private, in addition to the repeal of any legal provisions which might constitute a legal defence for inflicting corporal punishment on a child. In the penal system, children should be legally protected from corporal punishment as a sentence of crime in all justice systems, include under traditional sentencing practices. Explicit prohibition should also be enacted in laws applicable to the disciplinary measures in all institutions accommodating children in conflict with the law. Explicit prohibition should also be enacted of all corporal punishment in all alternative care settings, including public and private day care, residential care, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Children are protected from violence and abuse under the federal Code of the Federated States of Micronesia (1982) and various state laws but there is no prohibition of corporal punishment. The State Juveniles Act in Yap states that parents “shall have control over the conduct and education of their minor children” and shall provide “for the discipline, support, and education of their children” (section 1204). Similar provisions in the State Code of Kosrae (1997) specify that parents have a “duty of parental control of the minor” (section 16.1102) and “the duty to control the minor and … the power to exercise parental control and authority over the minor” (section 6.4807).

Schools

Corporal punishment is prohibited in schools, but we have been unable to ascertain if this is by policy or law. There is no mention of corporal punishment or school discipline in the State Codes of Yap, Pohnpei or Kosrae or the draft State Code of Chuuk.

Penal system

Corporal punishment is unlawful as a sentence for crime. The Constitution of the Federated States of Micronesia states that “cruel and unusual punishments” should not be inflicted (article IV, section 8), and this is reflected in similar provisions in the Constitutions of Pohnpei (article 4.9), Yap (article 2.7), Kosrae (article 2.1) and Chuuk (article 3.6). There are no provisions in other state laws for judicial corporal punishment of children convicted of a crime. Recognition of custom and tradition is provided for but we have no information on whether this would allow for corporal punishment.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

There is no prohibition of corporal punishment in other institutions and the emphasis on the authority and duty to control children of parents and legal guardians (see above) indicates corporal punishment is lawful in other childcare settings.

Prevalence research

None identified.

Recommendations by human rights treaty bodies