Summary of law reform necessary to achieve full prohibition

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

There appears to be no confirmation in written law of a “right” to administer “reasonable chastisement” or similar, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment. Given the near universal acceptance of corporal punishment in childrearing, it is crucial that there is legal clarity that no degree or kind of corporal punishment of children can be considered acceptable, however light and whoever it is inflicted by. Explicit prohibition should be enacted of all corporal punishment, including in the family home.

Any legislation specifically authorising corporal punishment in traditional justice systems should be repealed. Explicit prohibition of corporal punishment as a disciplinary measure in penal institutions 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. Children are legally protected from violence and ill-treatment by the Penal Code (1981, amended 2007). As at June 2007, a Family Protection Bill was under discussion but we have no further information.

Schools

Corporal punishment is unlawful in schools under article 38 of the Education Act (2001), which states that the Director General must prepare discipline guidelines for schools which “must not permit corporal punishment”.

Penal system

Corporal punishment is not permitted as a sentence for crime in the Penal Code, the Criminal Procedure Code (amended 2003) or the Island Courts Act (1983, amended 2006), and the Constitution (1980, amended 2004) recognises the right to freedom from inhuman treatment (article 5). However, it is used in rural areas as a traditional form of punishment favoured by chiefs. We have been unable to ascertain the legality of this.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. It is not among permitted disciplinary measures in the Correctional Services Act 2006, but there is no explicit prohibition.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Prevalence research

Research conducted for Pacific Children’s Program by a team from the University of South Pacific found that corporal punishment is common and can be severe. The rationale for its use is to “teach children about correct thinking and appropriate behaviour”, although it is often administered in anger. The most common type of punishment is “whipping”, used in the home and in schools. (Hughes, D., 2002, Qualitative Study on Child Protection Practices: Vanuatu Report, University of South Pacific, Report prepared for International Development Support Services, Pacific Children’s Program)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While the Committee is aware that corporal punishment is prohibited by law in schools, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within the family, in schools, care and juvenile justice systems and generally in society. The Committee recommends that the State party reinforce measures to raise awareness on the negative effects of corporal punishment and ensure that alternative forms of discipline are administered in families, schools, and care and other institutions, in a manner consistent with the child’s dignity and in conformity with the Convention. In this connection, the Committee recommends that the State party provide counselling and other programmes for parents, teachers and professionals working in institutions to encourage their use of alternative forms of punishment. In addition, the Committee strongly recommends that all necessary measures be taken to ensure the full and effective implementation of the ban on corporal punishment in schools.”
(10 November 1999, CRC/C/15/Add.111, Concluding observations on initial report, para. 16)