Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, penal institutions and alternative care settings.

The right of parents to administer “reasonable chastisement” is recognised in common law, and section 70(7) of the Children Act confirms the right of parents and other adults with lawful control of a child “to administer proper punishment”. Legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of a certain degree of violence in disciplining children necessitates clarity in law that no amount or kind of corporal punishment is acceptable or lawful. The common law defence of “reasonable chastisement” and article 70(6) of the Children Act should be explicitly repealed and prohibition enacted of all corporal punishment and other cruel or degrading forms of punishment, in the home and all other settings where adults have authority over children.

Explicit prohibition should be enacted in legislation and applicable to all education settings (public and private), as well as repeal of any laws specifically authorising or regulating corporal punishment in schools. The law should explicitly prohibit corporal punishment in relation to disciplinary measures in all institutions accommodating children in conflict with the law and in 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 under the common law right to inflict “reasonable chastisement” on children. Section 70 of the Children Act (1982) prohibits cruelty to children, but states in subsection (7): “Nothing in this section affects the right of a parent, guardian, teacher or other person having the lawful control or charge of a child to administer proper punishment to him if that punishment does not contravene subsection (1).” Subsection (1) prohibits assault and ill-treatment which causes or is likely to cause “unnecessary suffering, moral danger or injury to health” but does not prohibit all corporal punishment in childrearing. Provisions against violence and abuse in the Family Violence (Protection of Victims) Act (2000), the Penal Code (1955) and the Constitution (1993) are not interpreted as prohibiting corporal punishment in childrearing.

Schools

The Government has stated that corporal punishment is prohibited in schools in the Children Act (2 March 2011, A/HRC/WG.6/11/SYC/1, National report submitted to the Universal Periodic Review, para. 59). However, the Act does not explicitly prohibit corporal punishment, which is lawful under section 70(7) (see above). The Education Act (1990) makes no reference to corporal punishment; we do not know if it is addressed in the Education Act (2004).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not among the permitted sanctions in the Children Act (article 95) or the Penal Code (article 25), though it is not explicitly prohibited. The Constitution (1993) prohibits torture and cruel, inhuman or degrading treatment or punishment (article 16).

Corporal punishment is lawful as a disciplinary measure in penal institutions under section 70(7) of the Children Act (see above), and section 107 of the Act as amended in 1998 states that the Minister may make regulations for “the conduct of residential and other establishments and for securing the welfare of persons residing or accommodated in them, including … (iii) specifying the occasions on which corporal punishment may be given to children in those establishments and the persons who may give it.” The Children Act (Juvenile Court) Rules do not provide for corporal punishment, nor do they prohibit it. There is no prohibition of corporal punishment in the Prisons Act (1991).

Alternative care

Corporal punishment is lawful alternative care settings under sections 70(7) and 107 of the Children Act (see above). The Children (Adoption) Rules and the Children Act (Foster Care) Regulations do not provide for corporal punishment nor do they prohibit it.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee remains concerned that various forms of violence against children occur in the State party. In particular, corporal punishment is allowed under the common law in Seychelles as a right to inflict ‘reasonable chastisement’ on children, thus making it lawful at home, and there is no explicit prohibition of corporal punishment in schools, and alternative care institutions.

“The Committee reiterates its previous concerns and concluding observations (CRC/C/15/Add.189, paras. 32 and 33) and encourages the State Party to take into account its General Comment No. 13 (2011) on the right of the child to freedom from all forms of violence and General Comment No. 8 (2006), on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment in adopting measures to combat all forms of violence against children. The Committee recommends that the State party:

1. prohibit explicitly by law corporal punishment and so-called ‘reasonable chastisement’ of children in the family, schools, alternative care settings and penal institutions;
2. introduce sustained public education and awareness raising and social mobilization programmes involving children, families and communities on the harmful effects of corporal punishment with a view to changing attitudes and promoting alternative, positive and non-violent forms of child-rearing and discipline….”

(6 October 2011, CRC/C/SYC/CO/2-4 Advance Unedited Version, Concluding observations on second to fourth report, paras. 42 and 43)

“The Committee notes the State party’s prohibition of corporal punishment in the home, schools and all other institutions involved in the care or protection of children.

“While noting that the State party has prohibited corporal punishment, the Committee remains concerned that children may still be subject to violence in the home, schools or institutions, and that corporal punishment may be reintroduced in schools.

“The Committee recommends that the State party:

1. 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;
2. provide further training for all professional groups working with or for children, including police and detention officials, on alternative forms of discipline and on how to detect and address signs of ill-treatment in a child-sensitive manner….”

(30 October 2002, CRC/C/15/Add.189, Concluding observations on initial report, paras. 5,  32 and 33)

Universal Periodic Review

Seychelles was examined in the first cycle of the Universal Periodic Review in 2011. No recommendations were made to prohibit corporal punishment of children. Examination in the second cycle is scheduled for 2016.