National high-level court judgments on corporal punishment

There have been a number of rulings and statements by national high-level courts concerning corporal punishment, its constitutionality and/or its non-compliance with international human rights treaties. The majority of these clearly condemn corporal punishment in one or more settings; a minority are less conclusive. In many cases, the rulings have been followed by law reform to ensure that national legislation prohibits corporal punishment.

This section of the website summarises the judgments and provides links to the full texts where available. Full details of the legal status of corporal punishment of children in each of the states are available in the individual country reports.

 

Judgments clearly condemning corporal punishment

2014 - Zimbabwe - High Court judgment
2011 - Bangladesh - Supreme Court judgment
2005 - Costa Rica - Criminal Court of Cassation judgment
2005 - Nepal - Supreme Court judgment
2002 - Fiji - High Court judgment
2000 - India - Delhi Supreme Court judgment
2000 - Israel - 2000 Supreme Court judgment
2000 - South Africa - Constitutional Court judgment
1999 - Zambia - High Court judgment
1996 - Italy - Supreme Court judgment
1994 - South Africa - Constitutional Court judgment 
1991 - Namibia - Supreme Court judgment
1989 - Zimbabwe - Supreme Court judgment
1987 - Zimbabwe - Supreme Court judgment

 

Judgments not clearly condemning corporal punishment

2010 - Tonga - Appeal Court judgment
2004 - Canada - Supreme Court judgment
2004 - Kenya - High Court judgment

 

 

 

 

 

 

 

 

 

 

This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.