Lawfulness of corporal punishment

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Corporal punishment is lawful in the home.

Children have limited protection from abuse and neglect under the Basic Law (1992). Parents face prosecution if they abuse correctional or disciplinary methods in such a way as to endanger the physical or mental health or survival of their children.

Schools

Corporal punishment is prohibited in schools by circulars regularly issued by the Ministry of Education, applicable to all stages of general education and prescribing penalties designed to deter teachers from beating or ill-treating children, but there is no explicit prohibition in legislation. The use of corporal punishment has reportedly increased, particularly in primary schools (reported in Arab News, 27 May 2007).

Penal system

Corporal punishment is lawful as a sentence for crime. The Basic Law states that administration of justice is based on “Shari’a rules according to the teaching of the holy Qur’an, the sunnah, and the regulations set by the ruler provided that they do not contradict the holy Qur’an and sunnah”. According to the Islamic Shari’a applicable in the Kingdom, the prescribed penalty for a hadd offence is mandatory. Under the Juvenile Justice Act of A. H. 1395 (1975) young persons under the age of 18 years may be sentenced to corporal punishment, including flogging, stoning and amputation, for crimes including theft, alcohol and drug related crimes, blasphemy and sex crimes. Flogging usually takes place in public and may be given in instalments. The Law of Criminal Procedure (2002) also applies; there is no written penal code.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. The Detention and Imprisonment Regulations (1977) prohibit torture or other cruel, inhuman or degrading treatment or punishment but allow for flogging. Articles 7, 12-19, 21 and 28 of the Detention and Imprisonment Act of 1398 (1978) provide for the protection of children; article 28 states that no detainee may be subjected to any kind of assault and that any official who assaults a detainee is liable to punishment. The Juvenile Justice and Social Surveillance Centre Regulations prohibit the handcuffing or cruel treatment of juveniles. Article 2 of the Code of Criminal Procedure (promulgated in Royal Decree No. M/39 of 28/7 A. H. 1422, October 2001) states that an arrested person “shall not be subjected to any bodily or moral harm” or to “any torture or degrading treatment”. The Act promulgated in A. H. 1389 (1969) encourages juvenile courts to settle cases without placing children in supervised facilities and to limit penalties to admonishment, guidance, counselling or a reprimand. Places of detention are subject to inspection under article 5 of the Detention and Imprisonment Act. Other applicable laws include the Detention Regulation and the Juvenile Homes’ Regulation of A. H. 1395 (1975).

In 2005 the National Society for Human Rights visited some jails and issued a report on prison conditions, which included concern at harsh and exaggerated flogging sentences, especially for women: a woman can receive 2,000 lashes while a man committing a similar crime would receive a much more lenient punishment. It was recommended that implementation of a lashing sentence on pregnant women be postponed until after delivery. Lashing sentences on minors were also cause for concern.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Workplace

No information.

Prevalence research

A news item in 2003 reported a recently published survey on corporal punishment in schools which found 59.5% of respondents in favour of reintroducing corporal punishment into schools, with 38.5% against. (Reported in “Yes to corporal punishment”, Arab News, 30 June 2003)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting articles 2 and 13 of the Code of Criminal Procedure promulgated in Royal Decree No. M/39 of 15 October 2001 which prohibit torture or degrading treatment and the State party’s reassurance that corporal punishment is not imposed upon minors, the Committee is concerned at reports of extrajudicial and summary floggings of teenagers suspected of behaviour deemed immoral and acts of police brutality.

“The Committee urges the State party to take all necessary steps for the immediate abolition of extrajudicial and summary floggings of teenagers, and also other forms of cruel, inhuman or degrading punishments imposed on persons having committed a crime when under the age of 18 years, including acts of police brutality.

“While noting with appreciation the regular circulars issued by the Ministry of Education which prohibit the beating or ill-treatment of children during all stages of general education and prescribe penalties designed to deter teachers from committing such acts, the Committee notes with concern that corporal punishment is lawful and widely used in the home and that it is a lawful penal sanction.

“The Committee recommends that the State party take legislative measures to prohibit all forms of corporal punishment in all settings, including the family. It further recommends that the State party carry out public education campaigns about the negative consequences of corporal punishment on children and promote positive, non-violent forms of discipline as an alternative to corporal punishment.

“The Committee is encouraged by the State party’s efforts to reform its juvenile justice system, inter alia, through adoption of the new Code of Criminal Procedure and Practice for Lawyers in 2001…. As noted in paragraph 32, the Committee is deeply concerned about reports that persons are sentenced to death for crimes committed while under the age of 18, and at the fact that capital and corporal punishment can be imposed on persons having committed a crime when under 18 years of age at the discretion of the judge.

“The Committee urges the State party to ensure the full implementation of juvenile justice standards in particular articles 37, 40 and 39 of the Convention, and other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, and the Vienna Guidelines for Action on Children in the Criminal Justice System, and take into account the recommendations adopted by the Committee on its day of general discussion on juvenile justice (CRC/C/46, paras. 203-238).

“The Committee refers to its recommendations made in paragraphs 33 on right to life and capital punishment and 43  on protection from torture, inhuman or degrading treatment or punishment and it urges the State party to:

a) critically review its legislation with a view to abolishing the imposition of capital and corporal punishment on persons having committed crimes when under 18 years of age at the sole discretion of the judge; …

c) amend the Detention and Imprisonment Regulations (1977) and the Juvenile Justice and Social Surveillance Centre Regulations to prohibit flogging or any other form of corporal punishment for persons under 18 deprived of their liberty….”

(17 March 2006, CRC/C/SAU/CO/2, Concluding observations on second report, paras 42, 43, 44, 45, 73, 74 and 75 (a and c))

“In light of article 37 (a) of the Convention, the Committee is seriously concerned that persons under 18 may be subject while in detention to corporal punishment, such as flogging, under article 28 of the 1977 Detention and Imprisonment Regulations. It is also disturbed that persons who committed crimes when they were under 18 may be sentenced to a variety of methods of cruel, inhuman or degrading treatment or punishment such as flogging, stoning and amputation, which are systematically imposed by judicial authorities. The Committee finds that application of such measures is incompatible with the Convention…

“The Committee recommends that the State party take all necessary steps to end the imposition of corporal punishment, including flogging and other forms of cruel, inhuman or degrading treatment and punishment on persons who may have committed crimes when they were under 18. It also recommends that the State party take all appropriate measures to ensure that law enforcement officials respect and protect human dignity and maintain and uphold the human rights of all persons in the course of their duties.

“In light of articles 19 and 39 of the Convention, the Committee is concerned at the incidence of ill-treatment of children in schools and within the family. It is further concerned that domestic violence is a problem in Saudi Arabia and that this has harmful consequences on children.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, the schools and care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children and the promotion of positive, non-violent forms of discipline as an alternative to corporal punishment….”
(22 February 2001, CRC/C/15/Add.148, Concluding observations on initial report, paras. 33, 34, 35 and 36)

Committee Against Torture

“The Committee welcomes the following:

c) the State party’s expression that its domestic law provides that no exceptional circumstances, including superior orders, may be invoked as a defence to a charge of torture, the reassurance that statements obtained by torture are inadmissible in proceedings, and the oral assurance that confessions are revocable at any point of proceedings. The State party’s reassurance that corporal punishments are not imposed upon minors was noted;…

“The Committee is concerned about the following:

b) the sentencing to, and imposition of, corporal punishments by judicial and administrative authorities, including, in particular, flogging and amputation of limbs, that are not in conformity with the Convention.

“The Committee recommends, in particular, that the State party:

b) re-examine its imposition of corporal punishments, which are in breach of the Convention….”
(12 June 2002, CAT/C/CR/28/5, Concluding observations on initial report, paras. 3 (c), 4 (b) and 8 (b))