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.

The Palau National Code confirms that a parent or guardian with custody of a child has “is charged with the control of such child and shall have the power to exercise parental control and authority over such child” (34.61.31-32). The lack of clarity in law that no corporal punishment is acceptable together with the widespread acceptance of physical punishment in childrearing means that this provision is likely to be interpreted as permitting the use of corporal punishment. Explicit prohibition should be enacted of all corporal punishment by parents and others with lawful control of a child, in all settings.

Explicit prohibition should be enacted of corporal punishment in all schools, public and private, 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. The Palau National Code (34.61.31-32) states: “A parent or guardian having custody of a child is charged with the control of such child and shall have the power to exercise parental control and authority over such a child.” Provisions against violence and abuse in the Child Abuse Law are not interpreted as prohibiting corporal punishment in childrearing. In 2011, a Family Protection Bill is under consideration.

Schools

There is no explicit provision in law for or against corporal punishment in schools. The Master Plan for Education (2000) aims to discourage and prevent the use of corporal punishment at primary and secondary levels.

Penal system

Corporal punishment is unlawful as a sentence for crime. The Constitution prohibits cruel, inhumane or degrading treatment or punishment (article IV, section 10), and there is no provision for judicial corporal punishment of juveniles in the Palau National Code.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is lawful by guardians and others with parental authority under the provisions confirming “the power to exercise parental control and authority” in the Palau National Code (see above).

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes that the Master Plan for Education (2000) is aimed, inter alia, at strengthening the network of guidance and counselling and at discouraging and preventing the use of physical punishment at both the primary and secondary school levels. The Committee is concerned, however, that corporal punishment is still practised and widely accepted in the State party and that domestic legislation generally does not prohibit and eliminate its use in homes and schools.

“The Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit and eliminate all forms of corporal punishment in schools and in homes. 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.”
(21 February 2001, CRC/C/15/Add.149, Concluding observations on initial report, paras. 44 and 45)

Universal Periodic Review

Palau was examined in the first cycle of the Universal Periodic Review in 2011. The Government accepted recommendations to prohibit corporal punishment of children (A/HRC/18/5, Report of the Working Group, para. 61). Examination in the second cycle is scheduled for 2016.