Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Parents have a right of correction under article 347 of Law No. 42 (1988).

Children have limited protection from violence and abuse under the Penal Code (1977) and Law No. 27 concerning the rights of the child and protection of children against violence (2001).

Schools

There is no explicit prohibition of corporal punishment in schools. New legislation is in preparation (2005) which provides for sanctions against teachers who inflict corporal punishment on children.

Penal system

Corporal punishment is unlawful as a sentence for crime. Young offenders between 14 and 18 years receive reduced sentences of the Penal Code and the Code of Penal Procedure (1963). The Constitution (2003) protects physical and mental integrity and prohibits cruel, inhuman and degrading treatment (article 15). Article 20 of Law No. 27 prohibits cruel, inhuman or degrading treatment or punishment.

Corporal punishment is unlawful as a disciplinary measure in penal institutions under Law No. 27 and the Constitution.

Alternative care

Corporal punishment is prohibited in child care centres under article 25 of Law No. 27 which states: “Within the child care centre, no child can undergo corporeal punishment or degrading or harassing treatment by the authorities of the centre, the employees or her/his peers. All inhuman treatment against a chid shall be punished according to the law in force in that matter. Without prejudice to penal proceedings, the Minister having children in her/his attributions may impose administrative sanctions to the institution characterised by repeated inhuman treatment, perpetrated against children under its care.” There is no explicit prohibition of corporal punishment in other institutions and other forms of childcare outside the home. The provisions against violence in the Penal Code apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes that the Rwandan legislation does not include an explicit prohibition of corporal punishment and is concerned at the persistent practice of corporal punishment by parents, teachers and law enforcement officers.

“The Committee recommends that the State party:

1. introduce legislation explicitly prohibiting corporal punishment;
2. make use of information and education campaigns to sensitize parents, teachers, other professionals working with children and the public at large to the harm caused by corporal punishment and promote alternative, non-violent forms of discipline, as foreseen in article 28, paragraph 2, of the Convention;
3. investigate in an effective way reported cases of ill-treatment of children by law enforcement officers and ensure that appropriate legal action is taken against alleged offenders; and
4. provide for the care, recovery and rehabilitation of child victims, in the light of article 39 of the Convention.”

(1 July 2004, CRC/C/15/Add.234, Concluding observations on second report, paras. 34 and 35 (a, b, c and d))