Lawfulness 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 2003). As at June 2007, a Family Protection Bill was under discussion.

Schools

Corporal punishment has been prohibited in schools since 1998. Under the Education Act (2001), the Director General must prepare discipline guidelines for schools which “must not permit corporal punishment of students attending schools” (article 38).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not among permitted punishments for crime in the Criminal Procedure Code (amended 2003). The Constitution (1980, amended 2004) recognises the right to freedom from inhuman treatment (article 5). Corporal punishment of children is used in rural areas as a traditional form of punishment favoured by chiefs, but we have been unable to obtain further details of such traditional practices.

Corporal punishment is reportedly unlawful as a disciplinary measure in penal institutions, but we have been unable to obtain confirmation. Children are often whipped by police at police stations rather than having their cases pursued through the courts.

Alternative care

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

Workplace

No information.

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)