Summary of law reform necessary to achieve full prohibition

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

There appears to be no explicit confirmation in written law of a “right” of parents and others with authority over children to administer “reasonable” punishment for purposes of discipline or correction, but article 238 of the Niue Act confirms that common law defences apply, which presumably includes the defence of “reasonable chastisement” or equivalent. The near universal acceptance of corporal punishment in childrearing means that any legal provisions protecting children from assault are not interpreted as prohibiting all corporal punishment. Legislation should be enacted which makes it clear that no degree or kind of corporal punishment can be considered acceptable, whatever the setting and whoever the adults involved.

Explicit prohibition should be enacted which applies to all education settings, public and private, all alternative care settings, including public and private day care, residential care, foster care, etc, and in relation to permitted disciplinary measures in all institutions accommodating children in conflict with the law.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and cruelty in the Niue Act (1966) are not interpreted as prohibiting corporal punishment. There is no reference to a specific right to administer punishment for purposes of discipline, but article 238 confirms that common law defences apply, which presumably includes the defence of “reasonable chastisement”. In 2010, a Family Protection Bill was under discussion but we have no detailed information.

Schools

Corporal punishment is lawful in schools. Under article 22 of the Education Act 1989, the Principal is responsible for the “care, safety, control and discipline of each pupil attending that school”, but there is no explicit prohibition of corporal punishment.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for sentencing to corporal punishment in the Niue Act.

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 alternative care settings.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Niue acceded to the UN Convention on the Rights of the Child in 1995 but is yet to be examined by the Committee on the Rights of the Child.

Universal Periodic Review

Niue is not a UN member state and is not reviewed under the Universal Periodic Review process.