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.

We have been unable to establish whether or not written legislation confirms a “right” of parents and others to physically punish a child, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. Explicit prohibition should be enacted of all forms of corporal punishment, including by parents.

Explicit prohibition should be enacted in relation to all education settings, public and private, including Koranic schools, as a disciplinary measure 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.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and abuse in the Constitution, the Criminal Code (1961, amended 2004) and Act No. 62-11 (1962) are not interpreted as prohibiting all corporal punishment of children.

Drafting of a family code began in 1976 but as at June 2009 had not been adopted. In 2005 a Children’s Code was drafted but as at June 2009 it had not been examined by the Government or submitted to the National Assembly for adoption. We have no details of its provisions.

Schools

There is no explicit prohibition of corporal punishment in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime. According to Order No. 99-11 of 11 May 1999, children convicted of an offence may be sentenced to half the penalty that would be applicable to an adult convicted of the same offence (article 33). The Criminal Code does not allow for judicial corporal punishment. The Constitution prohibits all forms of torture and cruel, degrading or inhuman treatment or punishment (article 12).

There is no prohibition 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.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes efforts by the State party to implement the Committee’s concluding observations on the State party’s initial report. Nevertheless, the Committee regrets that some of its concerns and recommendations have been insufficiently or only partly addressed, including those related to ... corporal punishment....

“The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report that have not yet been implemented or sufficiently implemented and to provide adequate follow-up to the recommendations contained in the present concluding observations on the second periodic report.

“The Committee is concerned that the provisions against violence and abuse in the Constitution and the Criminal Code are not interpreted as prohibiting corporal punishment in childrearing and that there is no explicit prohibition of corporal punishment in schools and alternative care settings. The Committee is also deeply concerned about all forms of violence inflicted upon children in Koranic schools and their detrimental consequences on children, including physical and mental disability.

“The Committee draws the attention of the State party to the Committee’s 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 recommends that it:

1. explicitly prohibit corporal punishment by law in the family, schools and institutions; and ensure that those laws are and effectively implemented and that legal proceedings are systematically initiated against those responsible of mistreating children.
2. conduct a comprehensive study to assess the causes, nature and extent of corporal punishment;
3. introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of child-rearing and education;
4. ensure that an educational programme be undertaken against corporal punishment, insisting both on the child rights and psychological aspects;
5. ensure recovery and social reintegration of victims of corporal punishment;
6. take appropriate measures to address ill-treatment of children in Islamic Schools and prosecute perpetrators in accordance with the criminal law.”

(12 June 2009, Advance Unedited Version, Concluding observations on second report, paras. 5, 6, 37 and 38)

“The Committee is concerned at the lack of awareness of and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children, and the insufficient financial and human resources allocated to programmes to combat the abuse of children.

“In the light of article 19, the Committee recommends that the State party:

b. prohibit corporal punishment at home, in schools, in institutions and in the penal procedures….”

(13 June 2002, CRC/C/15/Add.179, Concluding observations on initial report, paras. 44 and 45 (b))