Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Under article 13 of the Constitution (1991), every citizen has a duty to “ensure the proper control and upbringing of his children and wards”. Article 3 of the Prevention of Cruelty to Children Act (Cap. 31 of the Laws of Sierra Leone, 1926) states: “Nothing in 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 punishment to such child.”

Children have limited protection from violence and abuse under article 4 and other provisions in the Prevention of Cruelty to Children Act (1960), Part IV of the Children and Young Persons Act (Cap. 44), and the Offences Against the Person Act (1861). Article 20 of the Constitution states that no person shall be subject to torture or other inhuman or degrading treatment.

One of the recommendations of the Sierra Leone Truth and Reconciliation Commission Report, launched at the UN in October 2004, states: “Corporal punishment, whether in school or at home, legitimises violence as a means to control behaviour and should be outlawed.”

As at May 2007, a Child Rights Bill was under discussion which prohibits cruel punishments and ill-treatment of children and amends and repeals several provisions in the Prevention of Cruelty to Children Act. As at June 2007, a domestic violence bill (2006) was before parliament.

Schools

Corporal punishment is lawful in schools under article 3 of the Prevention of Cruelty to Children Act (see above). It must be inflicted by the principal only or by female teachers on girls. The Education Act (2004) makes no reference to corporal punishment.

The Sierra Leone Truth and Reconciliation Commission Report recommended prohibition of corporal punishment in schools (see above).

Penal system

Corporal punishment is lawful as a sentence for crime for boys under the age of 17 years (up to 12 lashes)  under the Corporal Punishment Act (1960). The Criminal Procedure Act (1965) makes no provision for corporal punishment, but states (article 210) that children and young persons should be dealt with under the provisions in the Children and Young Persons Act. Article 20 of the Constitution (1991) states: “(1) No person shall be subject to any form of torture or any punishment or other treatment which is inhuman or degrading; (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any kind of punishment which was lawful immediately before the entry into force of this Constitution.” The Child Rights Bill repeals the Corporal Punishment Act.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. Discipline in prisons is regulated by the Prisons (No. 2) Rules (1961), pursuant to the Prisons Ordinance (1960), but we have no details of the provisions. Under the Children and Young Persons Act, children may be detained in the Approved School, where article 3 of the Prevention of Cruelty to Children Act (see above) presumably applies, allowing corporal punishment.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. Article 20 of the Prevention of Cruelty to Children Act states that where a child is committed to the care of any person, that person shall have the control over that child as if he were the parent. This includes the right to administer punishment.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with appreciation that the Child Rights Act repeals the Corporal Punishment Act, under which boys under age 17 could receive up to 12 lashes as punishment, and that corporal punishment had not been judicially applied for several years. However, the Committee is concerned that corporal punishment is not prohibited and, in fact, is widely practiced in homes, schools or alternative care contexts and detention centres.

“The Committee recommends that the State party ensure the full implementation of the Child Rights Act and that it explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family, schools, alternative childcare and places of detention for juveniles, and implement those laws effectively. The Committee also recommends that the State party intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in accordance with the Convention, especially article 28, paragraph 2, taking into account the Committee’s general comment No.8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8, 2006).”

(6 June 2008, CRC/C/SLE/CO/2 Advanced Unedited Version, Concluding observations on second report, paras. 35 and 36)

“While the Committee is encouraged by the exclusion of girls from the application by domestic courts of corporal punishment sentences, the Committee nevertheless considers this provision to be discriminatory between boys and girls.

“The Committee urges the State party to extend the prohibition of State sanctioned corporal punishment to boys.

“The Committee is concerned that corporal punishment is widely practised in the State party and that, in particular, it is used in the sentencing of boys under the age of 17 by domestic courts.

“In the light of articles 19, 28 (2) and 37 (a) of the Convention, the Committee urges the State party to take legislative and educative measures to prohibit the use of corporal punishment by the courts, all public officials and in schools, and to consider the prohibition of its use in the family.”
(24 February 2000, CRC/C/15/Add.116, Concluding observations on initial report, paras. 34, 35, 46 and 47)

Committee on the Elimination of Discrimination Against Women

“While welcoming the domestic violence bill of 2006, the Committee is deeply concerned about the high levels of violence against women, including rape and sexual assault. The Committee is particularly concerned about the persistence of customary law and cultural practices that consider the physical chastisement of family members, in particular women, acceptable….

“The Committee urges the State party to place the highest priority on implementing a comprehensive approach to address all forms of violence against women, including the speedy enactment and the full implementation of the bill on domestic violence. It encourages the State party to make full use of the Committee’s general recommendation 19 in its efforts to address violence against women. It urges the State party to raise public awareness through media and education programmes that all forms of violence against women, including domestic violence, are unacceptable. The Committee calls upon the State party to train the judiciary, law enforcement officials, legal professionals, social workers and health providers on violence against women so as to ensure that the perpetrators of violence against women are effectively prosecuted and punished with the required seriousness and speed, and that effective and gender-sensitive support is provided to victims. The Committee requests the State party to remove impediments women may face in gaining access to justice at all levels, and recommends that legal aid be made available to victims in both urban and rural areas. It calls on the State party to establish support measures for victims of violence against women, including shelters and legal, medical and psychological support. The Committee requests the State party to provide information in its next report on the laws, policies and programmes in place to deal with all forms of violence against women and on the impact of such measures, as well as on data and trends in the prevalence of various forms of such violence.”
(11 June 2007, CEDAW/C/SLE/CO/5, Concluding observations on initial/second/third/fourth/fifth report, paras. 24 and 25)