Summary of law reform necessary to achieve full prohibition

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

Article 37 of the Juveniles Ordinance and article 193 of the Penal Code confirm the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer “reasonable” punishment in the course of parental or school discipline. These provisions should be repealed and explicit prohibition enacted of all corporal punishment, however light, by all persons with authority over children.

Article 49 of the Education Act (2004) should be repealed and explicit prohibition enacted in relation to all education settings, including public and private. Explicit prohibition should also be enacted in relation to disciplinary measures in all institutions accommodating children in conflict with the law and all alternative care settings, including public and private day care, residential institutions, foster care, etc, in addition to repeal of article 37 of the Juveniles Ordinance and article 193 of the Penal Code.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Article 37 of the Juveniles Ordinance (1982) and article 193 of the Penal Code (1983) state that nothing in these laws is to be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a juvenile to administer “reasonable” punishment in the course of parental or school discipline.

Schools

Corporal punishment is lawful in schools under article 49 of the Education Act (2004). It should be carried out by the principal, vice principal, head teacher or other senior teacher appointed by the principal or head, in accordance with guidelines established by the Director of Education. The right to administer punishment under article 37 of the Juveniles Ordinance and article 193 of the Penal Code also applies.

Penal system

Corporal punishment is unlawful as a sentence for crime.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions, and it would be lawful under article 37 of the Juveniles Ordinance and article 193 of the Penal Code.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare under the right to administer “reasonable” punishment in the Juveniles Ordinance and the Penal Code (see above).

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

"The Committee expresses grave concern that corporal punishment is still widely practised in many of the Overseas Territories and that domestic legislation generally does not prohibit and eliminate its use in schools, care institutions and homes. It also notes with concern that the British Virgin Islands is the only remaining Territory that has not yet prohibited by law the use of judicial corporal punishment.

"The Committee recommends that all appropriate measures, including of a legislative nature, be taken to prohibit and eliminate all forms of corporal punishment within the school, juvenile justice and alternative care systems and in the home. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child's human dignity and in conformity with the Convention, especially articles 19 and 28.2."
(16 October 2000, CRC/C/15/Add.135, Concluding observations on initial report, paras. 35 and 36)

Committee on Economic, Social and Cultural Rights

"Given the principle of the dignity of the individual, which provides the foundation for international human rights law (see paragraph 41 of the Committee's General Comment No.13) and in the light of article 10.1 and 10.3 of the Covenant, the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child (see paragraph 31 of the 1995 concluding observations of that Committee (CRC/C/15/Add.34))."
(5 June 2002, E/C.12/1/Add.79, Concluding observations on fourth report of UK, the Crown Dependencies and the Overseas Dependent Territories, para.36)

Committee Against Torture

"Positive aspects:
d) the removal of corporal punishment as a penalty in several of the Dependent Territories."
(17 November 1998, A/54/44, Concluding observations on third report, para.74)

"The Committee recommends that the Government of the United Kingdom take the following measures:
i) reconsidering corporal punishment with a view to determining if it should be abolished in those dependencies that still retain it."
(9 July 1996, A/51/44, Concluding observations on second report, para.65)

"... The territories appeared to be governed in accordance with the obligations on the Convention and the Committee congratulated the Government of the United Kingdom in this respect. The Committee was, however, interested in receiving more detail pertaining to cases of corporal punishment in the territories retaining it. The nature and incidence of such punishment, together with details of the cime and the characteristics of the offender, should be forwarded to the Committee when the information is gathered...."
(26 June 1993, A/48/44, Concluding observations on initial report, para.283)