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.

We have been unable to establish whether or not there is confirmation in legislation or common law of a “right” of parents and others use inflict corporal in childrearing, but legal provisions against assault and violence are not interpreted as prohibiting corporal punishment. The near universal acceptance of corporal punishment in childrearing necessitates clarity in law that no degree or kind of such punishment is acceptable or lawful. All legal defences for the use of corporal punishment – in legislation or common law – should be repealed, and explicit prohibition enacted of all corporal punishment, however light and whoever the perpetrator.

Explicit prohibition should be enacted in laws relating to all education settings, including public and private, religious and secular. Provisions in the Juvenile Delinquents and Vagrants Act and the Penal Code allowing for flogging of children committed of an offence should be repealed and all judicial corporal punishment of children (under 18) prohibited, including under Sharia law. Explicit prohibition should be enacted in relation to the disciplinary measures permitted in all institutions accommodating children in conflict with the law, in addition to repeal of any legal provisions authorising or regulating flogging of child detainees. Explicit prohibition should also be enacted in relation to 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. We have no details of relevant legislation.

Schools

Corporal punishment is prohibited in schools under article 9 of Ministerial Decision No. 454 (1998). It is considered to be prohibited in private schools under the Regulation of Behavioural Direction for Private School Students, which states that schools should not resort to non-pedagogic methods for modifying student behaviour, but there is no explicit prohibition.

Penal system

Corporal punishment is lawful as a sentence for crime. The Constitution (1971) prohibits torture and degrading treatment, but under the Juvenile Delinquents and Vagrants Act (1976), a child over 16 years may be punished under the Penal Code (amended 2002), which allows for flogging. In 2002, a draft juvenile justice law was also under consideration but we have no further details.

There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“Contrary to article 37 (a) of the Convention, the Committee is seriously concerned that there is a possibility that persons under 18 may be subjected to judicial sanctions such as flogging.

“The Committee recommends that the State party take immediate steps to abolish the imposition of flogging and other forms of cruel, inhuman or degrading treatment and punishment to persons who have committed crimes when they were under 18.

“The Committee is concerned that there is insufficient information and awareness of the ill-treatment of children, including corporal punishment, within the family, schools and institutions.

“The Committee recommends that the State party:

1. conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;
2. take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and in institutions;
3. 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….”

(13 June 2002, CRC/C/15/Add.183, Concluding observations on initial report, paras. 32, 33, 34 and 35)