Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Article 12 of the Infants Ordinance (1961) provides for the protection of children under 14 years from ill-treatment and neglect, but article 14 states: “Nothing in this Part of this Ordinance shall be construed to take away or affect the right of any parent, teacher, or other person having the lawful control or charge of a child to administer reasonable punishment to such child.” As at August 2006, this provision had not been tested in the courts. Children are protected from excessive force by article 20 of the Crimes Ordinance (1961, amended 2004). The Crimes Ordinance (1961) is modelled after the New Zealand Crimes Act, and as at August 2006 was under review.

Other protection is given by the Police Offences Ordinance and the Crimes Ordinance provisions against neglect, assault and bodily harm (articles 77-82), where assault is defined as “the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose” (article 78). As at August 2006, a Domestic Violence Bill (2006) was under discussion.

Schools

Corporal punishment is reportedly unlawful in schools, but we have been unable to obtain details of any explicit prohibition in law or to ascertain whether article 14 of the Infants Ordinance (see above) has been amended accordingly. Other applicable law includes the Education Ordinance (1959). According to the initial state party report to the Committee on the Rights of the Child in 2005, an Education Bill was under discussion which included “minimum standards” for corporal punishment; the response (August 2006) to the governmental questionnaire of the UN Secretary General’s Study on Violence against Children states that the Bill regulates discipline at school, which “must not demean or affect a child’s integrity” (p.2). Clause 15 of the Education Department Policies (1992) states: “Corporal punishment – Teachers are not permitted to inflict any physical punishment on any students.” As at August 2006, there were no military schools in Samoa.

Penal system

Corporal punishment is unlawful as a sentence for crime. Article 7 of the Constitution (1960, amended 2000) provides for freedom from torture or inhuman or degrading treatment or punishment. The Criminal Procedure Act (1972, amended 2004) mentions only deprivation of liberty and financial penalties as sentences for crime (articles 112-122), and repeals the sections of the Crimes Ordinance 1961 on punishments and sentencing. Article 72 provides for defendants below the age of 18 years. As at August 2006, a Young Offenders Bill was under consideration.

Corporal punishment is reportedly unlawful as a disciplinary measure in penal institutions, but we have no details of applicable law.

Alternative care

Corporal punishment is lawful in alternative care settings. “Destitute and delinquent children” may be placed in the care of a Child Welfare Officer, who has the same powers as a parent or guardian under the Infants Ordinance (see above). Children are protected from excessive force by article 20 of the Crimes Ordinance. As at August 2006, there were no orphanages or other such care/residential facilities.

Workplace

There is no explicit prohibition of corporal punishment of children in situations of employment. Children in the workforce are protected under article 8 of the Constitution on freedom from forced labour and section 32 of the Labour and Employment Act (1972) which prohibits employment of children in conditions likely to be injurious to their physical or moral health.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that corporal punishment in the family, in schools and in alternative care settings is not formally prohibited and widely practised.

“The Committee recommends that the State party introduce and enforce legislation prohibiting all forms of corporal punishment in all settings, including in the family and the alternative child care system and in this respect the Committee fully supports the actions planned by the State party. Furthermore, the Committee recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28(2) and take into account its General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8).”
(29 September 2006, CRC/C/WSM/CO/1 Unedited Version, Concluding observations on initial report, paras 35 and 36)