Summary of law reform necessary to achieve full prohibition

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

We have been unable to ascertain whether legislation confirms a “right” of parents and others to use corporal punishment in childrearing, but legal provisions against violence and assault are not interpreted as prohibiting all corporal punishment. The near universal acceptance of corporal punishment in “disciplining” children necessitates clarity in law that no degree or kind of such punishment is acceptable or lawful. Any legal defences of “reasonable chastisement” or similar – in legislation or common law – should be repealed, and explicit prohibition enacted of all corporal punishment, however light and whoever the perpetrator.

In the penal system, all judicial corporal punishment of children should be prohibited, including Shari’ah based punishments, and explicit prohibition should also be enacted in relation to the disciplinary measures permitted in all institutions accommodating children in conflict with the law. Explicit prohibition should also be enacted in relation to 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 Basic Law (1996), the Penal Code (1974), and the Code of Criminal Procedure (1999) are not interpreted as prohibiting corporal punishment in childrearing.

Schools

Corporal punishment is prohibited in schools under the Organisational Statutes of the General Education Schools, which also state that students cannot be insulted or treated harshly. The only punishments permitted in schools are those allowed in Ministerial Decree No. 91/99, which does not include corporal punishment.

Penal system

Corporal punishment appears to be unlawful as a sentence for crime. It is not a permitted sanction under the Code of Criminal Procedure and the Basic Law prohibits torture and degrading treatment. However, the Basic Law also states that Sharia is the “basis for legislation” (article 2) and we have yet to confirm that this does not include judicial corporal punishment for children in conflict with the law. As at 2006 a draft Juveniles Law was under discussion, but we have no up to date information.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. Special protection measures for juveniles deprived of their liberty are provided by the Prison Regulation System No. 28/94, but we have no details of its provisions.

Alternative care

There is no prohibition of corporal punishment in alternative care settings.

Prevalence research

In 2003, research conducted by UNICEF in conjunction with the Ministry of Social Development found that some teachers used corporal punishment, despite its prohibition in schools. Other studies have shown that it is also prevalent in the home, particularly among families with the lowest levels of educational attainment. (Reported in the second state party report to the Committee on the Rights of the Child CRC/C/OMN/2, 2006, para. 175)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes that measures are being taken to address corporal punishment in the context of disciplinary measures in schools. However, the Committee is concerned that corporal punishment is widespread throughout society as a method of discipline. The Committee notes with particular concern that corporal punishment of children is lawful in the home and institutions.

“The Committee urges the State party to:

1. review its current legislation with a view to preventing and ending the use of corporal punishment of children as a method of discipline, and to introducing new legislation prohibiting all forms of corporal punishment of children in the family and within all institutions, including public and private institutions and the alternative care system;
2. introduce public education, awareness-raising and social mobilization campaigns on alternative non-violent forms of discipline with the involvement of children in order to change public attitudes to corporal punishment; and
3. seek international technical assistance from, among others, UNICEF in this regard.

“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.”
(29 September 2006, CRC/C/OMN/CO/2, Concluding observations on second report, paras 33, 34 and 35)

“The Committee welcomes the introduction of the new system for reporting incidents of child abuse and neglect and the establishment of the Family Counselling and Guidance Department. However, the Committee remains concerned that there is insufficient information and awareness in Oman of the ill-treatment and abuse of children within the family and institutions.

“The Committee recommends that the State party:

1. conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;
2. take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family and in institutions;
3. carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment…

“Noting that the Organizational Statutes of the General Education Schools bans corporal punishment, the Committee remains concerned that this issue is not effectively addressed.

“The Committee recommends that the State party raise awareness of the negative impact of corporal punishment among teachers and other professionals working in schools, and take other appropriate measures for its prevention and elimination.”
(6 November 2001, CRC/C/15/Add.161, Concluding observations on initial report, paras. 35 and 36, 47 and 48)