Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children are protected from some violence and abuse under the federal Code of the Federated States of Micronesia (1982).

The State Code (2000 edition) of Yap contains provisions on offences against the person (Penal Code, sections 201-216), including “bodily injury”, “serious bodily injury” and “serious psychological injury”. Section 210 on “assault and battery” punishes “every person who shall unlawfully strike, beat, wound or otherwise do bodily harm to another”. Under section 1204 of the State Juveniles Act 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”.

The State Code of Kosrae (1997) specifies that parents have a “duty of parental control of the minor” (section 16.1102). Chapter 48 states that parents have “the duty to control the minor and … the power to exercise parental control and authority over the minor” (section 6.4807). Section 16.1201 protects children from child abuse, but not corporal punishment.

In Chuuk, child abuse is covered in the draft State Code, section 1602. Other protection is provided under sections 2056 on endangering the welfare of children and 2057-2060 and 2067 on assault.

In Pohnpei, the Constitution recognises and protects “the responsibility and authority of parents over their children” (article 5, section 3).

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). Under the federal Juveniles Law, juvenile courts base their practices on those of the United States, although those aged 16 years or over may be tried as adults, depending on their maturity (section 1101). There is no provision for corporal punishment in federal law. Traditional corporal punishments reportedly occur, but we have no further information on these.

In Pohnpei, the Constitution “upholds, respects, and protects the customs and traditions of the traditional kingdoms of Pohnpei” (article 5, section 1) and customary law takes precedence over the common law. Article 4, section 9 states that “cruel or unusual punishment may not be inflicted”.

In Yap, article 2 (section 7) of the Constitution prohibits “cruel and unusual punishment, as determined by the values of the State”. In the Yap State Code, no provision is made for corporal punishment, although in sentencing “due recognition” must be given to custom (section 1101). Chapter 12 of the Code is the State Juveniles Act. Corporal punishment is not among the permitted measures for dealing with young people under the age of 18 years.

The Kosrae Constitution (article 2, section 1) prohibits the infliction of “cruel and unusual punishments”. Chapter 48 of the Kosrae State Code deals with juveniles and makes no provision for corporal punishment but emphasises the duty and authority of parents or legal guardians to control their children. Chapter 49 deals with sentencing and states that the Court must give “due recognition” to custom and tradition (section 6.4901). Corporal punishment is not among the permitted sanctions for crime.

The Chuuk Constitution (article 3, section 6) prohibits “cruel and unusual punishment”. Case law under this article has ruled that in making an arrest a police officer may use whatever force is “reasonably necessary” but must avoid “unnecessary violence” (Meitou v. Uwera, 1991). Under the draft Chuuk State Code, Title 23 (Family Law), Chapter 11 deals with juveniles and makes no provision for corporal punishment. Under Title 12, Chapter 11 (Punishment and Sentencing), corporal punishment is not among the permitted sanctions for crime, although “due recognition” should be given to state customs in imposing sentences (section 6001).

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. The provisions against violence in the federal and state Codes (see above) apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

“While taking note of the efforts undertaken by the State party, such as the Child Abuse and Neglect Programme (CAN), the Committee is concerned at the insufficient awareness of and the lack of information on ill-treatment and abuse, including sexual abuse, both within and outside the family, at the absence of specific laws in all the states and of appropriate resources, both financial and human, as well as at the lack of adequately trained personnel to prevent and combat such abuse. The lack of rehabilitation measures for such children and their limited access to justice are also matters of concern.

“In the light of article 19 of the Convention, the Committee further recommends that the State party take all appropriate measures, including revision of legislation, to prevent and combat ill-treatment within, inter alia, the family and institutions, and sexual abuse of children. It suggests, inter alia, that the authorities initiate a comprehensive study on abuse, ill-treatment and domestic violence, to improve the understanding of the nature and the scope of the problem and strengthen social programmes to prevent all types of child abuses as well as to rehabilitate the child victims. Adequate procedures and mechanisms to deal with complaints of child ill-treatment should be developed.”
(4 February 1998, CRC/C/15/Add.86, Concluding observations on initial report, paras. 17 and 35)