Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The Children and Young Persons Act (1972) refers to “the right of any parent, teacher or other person having the lawful control or charge of a child to administer reasonable punishment to him” (article 5).

Children have some protection from abuse and neglect under other provisions in the Children and Young Persons Act, the Domestic Violence Act (1995) and the Criminal Code (2005). In the Domestic Violence Act, violence is defined as any act of physical or verbal abuse perpetrated by a household member upon a member of the same household which causes or is likely to cause physical, mental or emotional injury or harm.

Schools

Corporal punishment is lawful in public and private schools under articles 49-54 of the Education Act (1999). Article 50(1) of the Act prohibits “degrading or injurious punishment”, but article 50 (2) allows for corporal punishment “where no other punishment is considered suitable or effective, and only by the principal, deputy principal or any teacher appointed by the principal for that purpose”. The right to administer “reasonable punishment” enshrined in the Children and Young Persons Act (see above) also applies.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sentence under the Criminal Code introduced in January 2005 or, for children under the age of 16 years, the Children and Young Persons Act (section 16). Under the previous Criminal Code, persons under the age of 18 years could be sentenced to be whipped once with a tamarind rod. The Constitution (1978, article 5) prohibits torture or inhumane or degrading punishment or other treatment.

Corporal punishment is lawful as a disciplinary method in penal institutions. Males convicted of offences may be sent to the Boys Training Centre, where “for minor offences committed in the schoolroom” they may be given “not more than 2 strokes with the cane on each hand” (Statutory Rules and Orders No.23, 1976, section 13). The right of those “having lawful control or charge of a juvenile to administer reasonable punishment” in the Children and Young Persons Act (see above) applies. The Prison Rules and Orders (1964) also provide for the administration of corporal punishment (section 54), though this is reportedly no longer used and as at April 2006 the provision is under review. The Correctional Services Act (2003) and the Correctional Services Code of Conduct Regulations (2005) provide for the establishment and management of correctional facilities and the treatment of persons and make no provision for corporal punishment.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. The right to administer “reasonable punishment” in the Children and Young Persons Act (see above) applies. The Boys Training Centre houses boys in need of care and protection, as well as those in conflict with the law (see above), and the use of the cane is permitted.

Workplace

No information.

Prevalence research

A UNICEF study of child vulnerability in Barbados, St Vincent and St Lucia, completed in November 2006, found that younger girls and boys were much more likely to be punished than their teenage siblings in all three countries. The number of small children who received no punishment was below 50% in all countries. Overall, younger children, both girls and boys, were more likely to be subjected to corporal punishment, such as spanking, slapping or hitting with the hand or an object. (Reported in The Barbados Advocate, 23 May 2007)

A UNICEF study on Child Rights in Saint Lucia (2000) found that the method of discipline of children most favoured by respondents was corporal punishment (59%), marginally greater among lower socio-economic respondents and males. (Cited in initial state party report to the Committee on the Rights of the Child, 2004, CRC/C/28/Add.23, para.98)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While the Committee appreciates that the State party has made various amendments to existing legislation as well as adopted the Family Court Act in 1994 and the Domestic Violence Act in 1995, it is nevertheless concerned that existing legislation does not fully reflect the principles and provisions of the Convention, for example regarding non-discrimination, corporal punishment and juvenile justice.

“The Committee is concerned at the fact that corporal punishment is a lawful way of disciplining children, both under the Children and Young Persons Act and the Education Act. The Committee is further concerned that corporal punishment is widely practiced as a highly favoured method of punishment.

“The Committee recommends that the State party:

1. amend its legislation to explicitly prohibit corporal punishment in the family, schools and institutions;
2. conduct awareness-raising campaigns to inform the public in general about the negative impact of corporal punishment on children and actively involve children and the media in the process;
3. ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the Convention, especially article 28 (2) as an alternative to corporal punishment at all levels of society.”

(21 September 2005, CRC/C/15/Add.258, Concluding observations on initial report, paras. 9, 34, 35 (a, b and c))