Summary of law reform necessary to achieve full prohibition

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

Article 226 of the Penal Code confirms “the right of any parent, teacher, or other person, having the lawful control of a child or young person to administer reasonable punishment to him”, reflecting the near universal acceptance of corporal punishment in childrearing. This provision should be repealed so that there is clarity in law that no corporal punishment of children, however light, can be considered “reasonable”. Explicit prohibition should be enacted of all corporal punishment, in all settings and by all adults with authority over children.

Article 29 of the Education Act should be repealed and explicit prohibition enacted which applies to all education settings, public and private.

In the penal system parents may be ordered to cane their male children under article 8 of the Island Courts Act. This provision should be repealed. Explicit prohibition should be enacted in relation to all institutions accommodating children in conflict with the law. Explicit prohibition should also be enacted of all corporal punishment in all alternative care settings, including public and private day care, residential care, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. The maintenance of family discipline is one of the principles of the Constitution (principle 4). Cruelty to children is addressed in article 226 of the Penal Code, but this also states: “Nothing in this section shall be construed as affecting the right of any parent, teacher, or other person, having the lawful control of a child or young person to administer reasonable punishment to him.” Article 228 protects children from excessive force.

Schools

Corporal punishment is lawful in schools under article 29 of the Education Act (1976) and article 226 of the Penal Code (see above).

Penal system

Corporal punishment is lawful as a sentence for crime. It is not available under the Penal Code, the Criminal Procedure Code, the Magistrates Court Act or the Superior Courts Act, but article 8(8) of the Island Courts Act states that an island court may order a parent or guardian of a male child or young person to cane their child in lieu of any other sentence (up to 6 strokes for a child under 14 years, 10 strokes for a young person aged 14-16). Failure to carry out the order is an offence under article 8(9).

There is no provision for corporal punishment as a disciplinary measure in the Prisons Act (1985), but it is not explicitly prohibited and in the case of children and young people article 226 of the Penal Code (see above) presumably applies.

Alternative care

Corporal punishment is lawful in alternative care settings under article 226 of the Penal Code (see above).

Prevalence research

None identified.

Recommendations by human rights treaty bodies