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.

There is no defence for its use enshrined in law, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of violence in childrearing necessitates clarity in law that no degree or kind of corporal punishment is acceptable or lawful. Explicit prohibition should be enacted of all corporal punishment in all settings, including the family home and all settings where adults have authority over children.

Banning corporal punishment in schools by Ministerial directive falls short of realising children’s right to equal protection from assault under the law. Explicit prohibition should be enacted in relation to all schools, public and private. Explicit prohibition should be enacted 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. There is no defence for its use enshrined in law, but provisions against violence and abuse in the Code of Criminal Law, the Act on Domestic Violence and the Constitution are not interpreted as prohibiting all corporal punishment in childrearing.

Schools

According to the Government delegation to the Committee on the Rights of the Child in January 2007, corporal punishment in schools is prohibited in legislation (CRC/C/SR.1214, para. 48), but we have been unable to verify this. During the Universal Periodic Review of Suriname in 2011 the Government stated that there is no legislation prohibiting corporal punishment (A/HRC/18/12/Add.1, Report of the Working Group: Addendum, para. 9). Ministerial directives have regularly advised schools against using corporal punishment since 1942.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not among the permitted sanctions in the Criminal Code.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions. It is not among permitted measures in the internal regulations governing the penal institution, but there is no explicit prohibition.

Alternative care

Corporal punishment is lawful in alternative care settings. In September 2011, the Government reported that public debate and the process of implementing regulations for day care centres was ongoing (A/HRC/18/12/Add.1, Report of the Working Group on the Universal Periodic Review: Addendum, para. 9).

Prevalence research

A UNICEF report published in 2010 states that 86% of children aged 2-14 experienced violent discipline (physical punishment and/or psychological aggression) in 2005-2006. Sixty-two per cent experienced physical punishment, while a smaller percentage (17%) of mothers and caregivers thought that physical punishment was necessary in childrearing, and non-violent discipline was also widely used: experienced by 95% of children. One child in ten experienced severe physical punishment (being hit or slapped on the face, head or ears or being hit over and over with an implement) and 81% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). Children living in households with adults with a higher average level of education were less likely to experience violent discipline than those living with less educated adults. No significant differences in children’s experience of violent discipline were found according to sex, age, household size or engagement in child labour. (UNICEF (2010), Child Disciplinary Practices at Home: Evidence from a Range of Low- and Middle-Income Countries, NY: UNICEF)

According to statistics from UNICEF on violence in the family, in 2005-2006 nine per cent of disabled children aged 2-9 were hit or slapped on the face, head or ears or hit over and over as hard as possible with an implement, compared with 8% of non-disabled children. Thirteen per cent of girls and women aged 15-49 thought that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the fact that corporal punishment is prohibited in schools by ministerial decree, that awareness-raising and sensitization activities have been conducted related to better parenting, that April has been declared national child abuse prevention month, and that pilot projects have been conducted to reduce corporal punishment in schools. Nevertheless, the Committee remains concerned that corporal punishment continues to be used in the schools, and is not prohibited in homes or alternative care contexts.

“The Committee recommends that the State party 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. It 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)).”
(18 June 2007, CRC/C/SUR/CO/2, Concluding observations on second report, paras. 36 and 37)

“While the Committee notes that corporal punishment is prohibited in schools, it is concerned that it continues to be used in schools, families and care institutions.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, schools and care institutions. The Committee encourages the State party to intensify its public-awareness campaigns to promote positive, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.”
(28 June 2000, CRC/C/15/Add.130, Concluding observations on initial report, paras. 41 and 42)

Universal Periodic Review

Suriname was examined in the first cycle of the Universal Periodic Review in 2011. The Government accepted the recommendation to prohibit corporal punishment in schools but rejected recommendations to prohibit it in the home and other settings (A/HRC/18/12, Report of the Working Group, para. 72; A/HRC/18/12/Add.1, Report of the Working Group: Addendum, para. 13). Examination in the second cycle is scheduled for 2016.