Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, 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 Any legal defences of “reasonable chastisement” or similar – in legislation or common law – should be repealed, and explicit prohibition enacted of all corporal punishment, however light and whoever the perpetrator.

Explicit prohibition should be enacted in legislation applicable to all education settings, public and private, religious and secular. In the penal system, all judicial corporal punishment of children (under 18) 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, in addition to repeal of any legal provisions authorising or regulating flogging of child detainees. 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 Criminal Code (2004), the Code of Criminal Procedure (2004), the Civil Code (2004), the Juveniles Act (1994), the Family Act (2006) and the Constitution (2003, in force 2005) are not interpreted as prohibiting all corporal punishment in childrearing. In 2009, a Children’s Bill was being discussed, but we have no further information regarding its provisions or progress.

Schools

Corporal punishment is prohibited in schools by Ministerial Decree (2001), but not in law.

Penal system

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 under Sharia law. 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. The Code of Criminal Procedures covers juvenile justice.

Corporal punishment is lawful as a disciplinary measure in penal institutions. The Prisons Act (1995) allows for flogging of prisoners (up to 20 lashes of the whip). as at 2006, this Act was under review and repeal of the flogging provisions was being considered.

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

“While noting that measures are being taken to address corporal punishment in the context of disciplinary measures in schools and in the penal system, the Committee expresses concern that corporal punishment of children is still lawful in the family and alternative care settings.

“The Committee urges the State party:

1. to critically review its current legislation with a view to prevent and end the use of corporal punishment of children as a method of discipline and to introduce explicit legislation prohibiting all forms of corporal punishment of children in all settings, including in the family, schools, penal system and alternative care settings;
2. to 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;
3. to take into account while drafting legislation and designing policies 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.”

(14 October 2009, CRC/C/QAT/CO/2, Concluding observations on second report, paras. 39 and 40)

“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:

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 against children, including corporal punishment and sexual abuse 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 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, 53 and 54)

Committee Against Torture

“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)