Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The Virgin Islands Code states (VIC 14.24.507, 1992): “Nothing in this Chapter shall be interpreted to prevent a parent, guardian, or person acting at the direction of a child’s parent or guardian, from using reasonable and moderate physical discipline to correct, restrain or discipline a child. The following actions are examples of unreasonable conduct when used by any person to correct, restrain or discipline a child: (1) throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) willful and violent shaking of a child in such a way as to cause physical injury to the child; (4) interfering with a child’s breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the physical discipline is reasonable and moderate. The list of unreasonable actions is illustrative and is not intended to be exclusive.” It also states (VIC 14.24.502c, 1992) that “it is the policy of the Government of the Virgin Islands to protect children from assault, abuse and neglect, and to encourage parents, teachers and others to use methods of correction, restraint and discipline that are not dangerous to children”.

Schools

Corporal punishment is lawful in schools. The Virgin Islands Code states (VIC 17.11.130, “Authority to discipline children”): “All principals and teachers in the public schools shall have the right to exercise the same authority, as to conduct, and behavior, over pupils attending their schools during the time they are in attendance, including the time required in going to and from their homes, as parents, guardians or persons in parental relations to such pupils.”

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not available as a punishment in Title 14 (“Crimes”) of the Virgin Islands Code. The Revised Organic Act of 1954 and the VIIIth amendment of the US Constitution state that cruel and unusual punishment may not be inflicted (Virgin Islands Code).

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The Virgin Islands Code states (VIC 5.3.III.401.4508): “(a) Persons committed to the institutional care of the Burea [of Corrections] shall be dealt with humanely, with efforts directed to their rehabilitation and return to the community as safely and promptly as practicable…. (e) The Attorney General shall prescribe rules and regulations for the maintenance of good order and discipline in institutions, including procedures for dealing with violations….” In relation to prisons, the Police Commissioner “is charged with the direction, management, maintenance and discipline of all prisons and jails in the Virgin Islands” (VIC 23.1.4).

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare under the right of guardians to correct and discipline a child (see above). In relation to training schools and boarding or foster homes, the Virgin Islands Code states (VIC 34.5.103): “The Department of Social Welfare shall promulgate rules and regulations for the proper conduct and operation of the training schools, and shall provide thereat care and training which will meet the needs of the individual child, and which will conform to accepted modern standards of institutional care for children.” In relation to child day care facility licensure, the Code states (VIC.34.13.384, 1980): “The Department shall promulgate minimum standards for child day care facilities covered by this chapter which will: (1) promote the health, safety and welfare of children attending the facility….”

 Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

The US has signed but not ratified the Convention on the Rights of the Child.