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Home
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Corporal punishment is lawful in the home.
Children have limited protection from violence under the Criminal Code (2004), the Code of Criminal Procedure (2004), and the Constitution (2003, in force 2005), article 36 of which prohibits torture or degrading treatment.
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Penal system
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Corporal punishment is lawful as a sentence for crime. Under the Juveniles Act (1994), flogging is prohibited for juveniles aged 15 years (article 19) but young persons aged 16 and 17 years are treated as adults and liable to be sentenced to flogging. The Criminal Code allows for punishments of flogging, stoning and amputation, and Sharia law is applicable to various offences which may result in flogging and stoning. Article 36 of the Constitution states that no person may be subjected to torture or degrading treatment. Article 37 of Decree No. 54 (1995) states that no child may be subjected to torture or any other form of cruel or degrading treatment or punishment.
Corporal punishment is lawful as a disciplinary measure in penal institutions. Such use is not provided for in the Criminal Code, but the Prisons Act allows for flogging of prisoners (up to 20 lashes of the whip). The rights of detainees are contained in the Act No. 3 to regulate prisons (1995).
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Committee on the Rights of the Child
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“The Committee is seriously concerned that, contrary to article 37 (a) of the Convention, under the 1994 Juvenile Act there is a possibility that persons under 18 may be subject to judicial sanctions such as flogging.
“The Committee recommends that the State party take immediate steps to ensure that the law prohibits the imposition of flogging and other forms of cruel, inhuman or degrading treatment or punishment on persons who may have committed crimes when they were under 18.
“The Committee is concerned that there is insufficient information about and awareness of the ill-treatment of children within the family and institutions.
“The Committee recommends that the State party:
- conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;
- take legislative measures to prohibit all forms of physical and mental violence against children, including corporal punishment and sexual abuse in the family and in institutions;
- 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 the 1993 Ministerial Decree which bans corporal punishment in schools, the Committee remains concerned that this issue is not addressed effectively.
“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 to prevent and eliminate it.”
(6 November 2001, CRC/C/15/Add.163, Concluding observations on initial report, paras. 43, 44, 45, 46 (a, b and c), 53 and 54)
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Committee Against Torture
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“Certain provisions of the Criminal Code allow punishments such as flogging and stoning to be imposed as criminal sanctions by judicial and administrative authorities. These practices constitute a breach of the obligations imposed by the Convention. The Committee notes with interest that authorities are presently considering amendments to the Prison Act that would abolish flogging.
The State Party should review the legal provisions of the Criminal Code which authorize the use of such prohibited practices as criminal sanctions by judicial and administrative officers, with a view to abolishing them immediately.”
(25 July 2006, CAT/C/QAT/CO/1, Concluding observations on initial report, para. 12)
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QATAR