Global summary of legal status of corporal punishment of children

Prepared by the Global Initiative to End All Corporal Punishment of Children (www.endcorporalpunishment.org), June 2007 Please note: The following information has been compiled from many sources, including reports to and by the United Nations human rights treaty bodies. Information in square brackets is unconfirmed. We are very grateful to government officials, UNICEF and other UN agencies, NGOs and human rights institutions, and many individuals who have helped to provide and check information. Please let us know if you believe any of the information to be incorrect: info@endcorporalpunishment.org.
STATE Prohibited in the home NO1 NO NO NO NO7 NO NO NO NO11 NO15 NO NO18 Prohibited in schools NO2 YES YES NO6 YES8 YES NO NO NO12 YES NO SOME19 Prohibited in penal system As sentence As disciplinary measure YES NO3 YES YES5 YES [NO] YES NO YES YES YES9 NO YES YES NO NO YES NO13 YES YES YES NO16 YES SOME20 Prohibited in alternative care settings NO4 NO NO NO NO NO NO10 NO NO14 NO NO SOME21

Afghanistan Albania Algeria American Samoa (US) Andorra Angola Anguilla (UK) Antigua & Barbuda Argentina Armenia Aruba (Netherlands) Australia17

1 2

Government committed to full prohibition (2006) Ministry of Education announced in June 2006 that “the use of any form of violent behaviour and beating and humiliation of children is strictly prohibited”, though this is yet to be confirmed in legislation; government committed to full prohibition (2006) 3 Prohibited by policy and practice in the Children’s Rehabilitation Centre and as at September 2005 Regulations for the Children’s Rehabilitation Centre were under discussion; government committed to full prohibition (2006) 4 Government committed to full prohibition (2006) 5 But no explicit prohibition 6 Prohibited in public schools by Education Department policy 7 Government has claimed existing laws prohibit in all settings (2004), but no explicit prohibition in legislation 8 No explicit prohibition, but education law and regulations recognise dignity of the child 9 Prohibited for persons under 16 years; prohibition for 16 and 17 year olds unconfirmed 10 As at April 2005, legislation was being drafted for day care centres 11 2005 Law on Full Protection of the Rights of Children and Young People recognises right to dignity and personal, physical and moral integrity and to protection from torture, abuse, humiliating and intimidating treatment, and cruel or degrading treatment, but no explicit prohibition of corporal punishment 12 See previous note 13 See previous note 14 See previous note 15 1996 Rights of the Child Act recognises right to protection from any form of violence, but not interpreted as prohibiting corporal punishment in the home 16 Review of juvenile criminal law was due for completion in 2003 17 See appendix 1 18 In 2003, Law Reform Institute in Tasmania recommended abolition of reasonable correction defence from criminal and civil law; as at April 2007, no changes in the law had been made; 2002 law in New South Wales prohibits force to head or neck of child and to any part of the body where likely to cause harm lasting more than a short period 19 Prohibited in state schools and independent schools in Australian Capital Territory, Tasmania and Victoria; prohibited by Ministerial guidelines in New South Wales and by policy in Queensland and Western Australia but “reasonable chastisement” defence potentially available 20 “Reasonable chastisement” defence potentially available in Queensland and Tasmania 21 Prohibited in child care centres except in Northern Territory; prohibited in residential centres in New South Wales, Queensland, South Australia and Victoria; prohibited in foster care in Queensland, South Australia, Tasmania and New South Wales, but “reasonable chastisement” defence available in all but New South Wales

1

STATE

Prohibited in the home YES22 NO NO NO NO23 NO NO29 NO31 NO NO NO NO36 NO NO NO NO44 NO NO YES49 NO NO

Prohibited in schools YES YES NO YES NO24 NO YES YES NO NO35 NO NO37 NO41 YES43 NO NO45 NO NO48 YES YES NO

Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda (UK) Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil British Virgin Islands (UK) Brunei Darussalam Bulgaria Burkina Faso Burundi

Prohibited in penal system As sentence As disciplinary measure YES YES YES YES NO NO YES ??? NO25 NO26 NO NO YES YES YES YES YES SOME33 YES [YES] YES YES ??? 38 NO39 42 SOME NO YES YES NO NO YES NO46 YES YES NO NO YES YES YES YES YES NO

Prohibited in alternative care settings YES NO NO ??? NO27 SOME28 SOME30 SOME32 SOME34 NO NO NO40 NO NO NO NO47 NO NO YES SOME50 NO

22 23

Prohibited in 1989 by section 146a of General Civil Code Government committed to full prohibition (2006) 24 Ministerial directives advise against use; government committed to full prohibition (2006) 25 Government committed to full prohibition (2006) 26 See previous note 27 See previous note 28 Prohibited in state-arranged foster care and pre-school settings, and in day care centres and children’s residential centres run by Child Care Board, but lawful in private foster care 29 1994 Rights of the Child Act prohibits “all forms of exploitation, physical or mental violence, cruel, harsh or negligent treatment, sexual exploitation or sexual perversion, including on the part of parents, persons acting in loco parentis or relatives….”, but no explicit prohibition of corporal punishment 30 Prohibited in boarding institutions; not prohibited in foster care 31 2000 Constitutional amendment recognises children’s physical integrity, but no explicit prohibition; as at 2005, a proposed amendment to Civil Code pending before Senate 32 Prohibited in institutions and foster care by decrees in some communities; not prohibited in non-institutional childcare 33 Prohibited in “Youth Hostel” detention centre but lawful in prisons and by law enforcement officials 34 Prohibited in residential care facilities and in day care centres 35 Prohibited in formal education by government circular 36 Government committed to full prohibition (2006) 37 See previous note 38 See previous note 39 See previous note 40 See previous note 41 Prohibited by regulation 42 Prohibited in state laws, but ordered by community elders in traditional Indian justice systems 43 No explicit prohibition, but unlawful under child protection laws 44 Prohibited in 2003 Bill No. 2,654, formally approved by three commissions in House of Representatives (January 2006) and as at February 2007 in lower chamber pending approval 45 See previous note 46 See previous note 47 See previous note 48 In 2003, discipline guidelines for teachers which made no reference to corporal punishment being prepared by Ministry 49 Prohibited in 2000 Child Protection Act (amended 2003) and 2003 Regulation on the Implementation of the Child Protection Act 50 Prohibited in institutions; not prohibited in foster care

2

STATE

Prohibited in the home NO NO NO54 NO NO NO NO NO NO NO NO NO NO NO62 NO YES65 NO YES66 NO NO NO YES70 NO NO

Prohibited in schools SOME51 YES YES55 NO57 NO NO NO NO YES58 NO59 NO [YES] NO NO63 ??? YES NO YES NO NO68 YES YES [YES] NO

Cambodia Cameroon Canada53 Cape Verde Cayman Islands (UK) Central African Republic Chad Chile China Colombia Comoros Congo, Republic of Cook Islands Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czech Republic DPR Korea DR Congo Denmark Djibouti Dominica

Prohibited in penal system As sentence As disciplinary measure YES YES YES YES YES YES YES YES YES YES ??? ??? YES NO YES NO YES YES SOME60 NO61 [YES] NO YES NO YES NO YES YES YES YES YES YES YES NO YES YES YES YES67 YES YES YES SOME69 YES YES ??? NO NO NO

Prohibited in alternative care settings NO52 NO SOME56 [YES] NO ??? NO NO ??? NO NO NO NO NO64 NO YES NO YES NO ??? NO YES ??? NO

51 52

Prohibited in primary schools but not explicitly in secondary schools; prohibited in draft Education Law (2005) Prohibited in draft Minimum Standards 53 See appendix 2 54 2004 Supreme Court ruling upheld parents’ right to administer corporal punishment to children aged 2-12 years, but not using objects and not involving slaps or blows to the head; right of correction removed from civil law in Quebec 55 2004 Supreme Court ruling limited use of force by teachers to restraint and removal and excluded corporal punishment, but this not reflected in legislation in all provinces and territories; as at March 2007, no legal prohibition in private schools, or in any schools in Alberta, Manitoba and Ontario 56 Prohibited in state provided care in Alberta, British Colombia and Manitoba; in Ontario prohibited in provinciallylicensed childcare programmes and foster homes and for all children receiving services from a child protection agency or other service provider licensed or approved by the province; in Quebec no right of correction under the Civil Code but right of correction in Federal Criminal Code applies 57 Prohibited by Ministry of Education guidelines 58 But in September 2006 the media confusingly reported China’s intention to prohibit corporal punishment in schools 59 But corporal punishment resulting in injury is prohibited 60 Prohibited in laws of the Republic, but under Constitutional case law permitted among indigenous Indian communities 61 But corporal punishment resulting in injury is prohibited 62 2005 ruling by Criminal Court of Cassation, San Jose, stated legal duty on those with paternal authority over children to moderately correct them did not entail right to hurt them; prohibited in 2004 draft Law on the Abolition of Corporal Punishment Against Minors 63 See previous note 64 See previous note 65 Prohibited in 1998 Family Act, replaced by 2003 Family Act which prohibits “degrading measures, mental or physical violence, or abuse” (article 88) and states parents must protect children from “humiliating treatments and physical punishment of other persons” (article 92) 66 Prohibited in 1994 Violence in the Family (Prevention and Protection of Victims) Law, reiterated in 2000 Act on Violence in the Family; response to governmental questionnaire in UN Secretary General’s Study on Violence against Children (August 2005) stated Children Law provides for “right to administer punishment”, but this provision expected to be removed following review 67 But no explicit prohibition 68 Prohibited in policy, but as at April 2004 not in law 69 Prohibited in Antoinette Sassou-Nguessou Re-education Centre 70 Prohibited in 1997 amendment to 1995 Parental Custody and Care Act

3

STATE

Prohibited in the home NO NO NO NO NO NO NO NO NO NO NO80 YES83 NO NO NO NO NO86 NO89 YES92 NO NO YES93 NO NO NO NO NO

Prohibited in schools YES YES YES YES NO NO YES75 YES76 YES NO79 YES81 YES NO84 [NO] [NO] YES NO87 YES90 YES NO NO YES YES NO [NO] NO NO

Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands (UK) Faroe Islands (Denmark) Fiji Finland France French Guiana (France) French Polynesia (France) Gabon Gambia Georgia Germany Ghana Gibraltar (UK) Greece Greenland (Denmark) Grenada Guadeloupe (France) Guam (US) Guatemala
71 72

Prohibited in penal system As sentence As disciplinary measure YES NO YES71 NO YES YES73 YES YES ??? ??? NO74 ??? YES YES YES YES YES78 YES YES NO YES82 YES YES YES YES YES85 [YES] [YES] [YES] [YES] ??? ??? YES NO88 YES YES YES YES YES NO YES NO YES YES YES YES NO NO [YES] [YES] YES [YES] YES NO

Prohibited in alternative care settings ??? SOME72 NO ??? NO NO NO SOME77 NO NO NO YES NO NO NO ??? NO SOME91 YES NO NO YES SOME94 SOME95 NO NO NO

But possibly lawful among indigenous communities Prohibited in institutions but lawful in other childcare settings 73 But possibly permitted in social welfare institutions 74 Lawful under Transitional Penal Code but prohibited in Draft Penal Code 75 But no explicit prohibition 76 Prohibited by government directive and Constitution, but “reasonable chastisement” defence potentially available 77 Prohibited in institutions by Constitution, but “reasonable chastisement” defence available 78 But as at April 2005, regulations relating to execution of a sentence of corporal punishment yet to be amended 79 Prohibited by government circular 80 According to Save the Children (January 2007), public request for full prohibition has been made 81 Ruled unconstitutional in 2002 High Court ruling, but as at March 2007 some legislation not amended 82 See previous note 83 Prohibited in 1983 Child Custody and Right of Access Act 84 1889 High Court ruling allowed “right to correction” for teachers; 2000 ruling stated that habitual and non-educational corporal punishment not covered by this 85 But no explicit prohibition 86 But 2005 Children’s Act provides for the responsibility of parents to “ensure that domestic discipline is administered with humanity and in a manner consistent with the inherent dignity of the child” 87 Possibly prohibited in 2005 Children’s Act 88 See previous note 89 In 2000 under examination by the Committee on the Rights of the Child government stated intention to prohibit in the family, and response to governmental questionnaire of the UN Secretary General’s Study on Violence against Children indicated all corporal punishment is prohibited, but no explicit prohibition in legislation 90 But no explicit prohibition 91 Prohibited in institutional care establishments 92 Prohibited in 2000 amendment to Civil Code 93 Prohibited in Law 3500/2006 on the Combating of Intra-family Violence, in force January 2007 94 Prohibited in foster homes run by Home Rule; no explicit prohibition in private and municipal homes and other care settings 95 Prohibited in child care homes by licensing requirements

4

STATE

Prohibited in the home NO NO99 NO NO NO102 NO NO103 YES105 YES106 NO107 NO NO NO NO113 NO YES118 YES119 NO NO

Prohibited in schools SOME96 YES YES NO100 YES YES YES YES YES SOME108 NO YES YES YES SOME115 YES YES SOME120 YES

Guernsey (UK) Guinea Guinea-Bissau Guyana Haiti Honduras Hong Kong (China) Hungary Iceland India Indonesia Iran, Islamic Republic of Iraq Ireland Isle of Man (UK) Israel Italy Jamaica Japan

Prohibited in penal system As sentence As disciplinary measure NO97 YES [NO] ??? YES YES NO NO YES YES YES NO YES YES YES YES YES YES YES NO109 111 SOME NO112 NO NO YES ??? YES YES YES SOME116 YES YES YES YES YES YES YES YES

Prohibited in alternative care settings NO98 NO ??? NO101 YES NO SOME104 YES YES NO110 NO NO ??? SOME114 NO117 YES YES YES SOME121

96 97

Prohibited in state schools by Government Directive; prohibited in private schools by policy In June 2006, Government voted to repeal Corporal Punishment (Guernsey) Law (1957) 98 Prohibited in care institutions and foster care by policy; as at March 2005, consideration was being given to explicit prohibition in all alternative care settings in draft legislation 99 Penal Code punishes “anyone who has deliberately injured or beaten a child under the age of fifteen”, but no evidence of application to parental corporal punishment 100 Motion calling for prohibition pending before Parliament (February 2007) 101 Prohibited in childcare and childminding services in Children’s Bill, as at February 2005 not in force 102 Possibly prohibited by 2001 law, but no unequivocal confirmation 103 According to Save the Children (January 2007), public request for full prohibition has been made 104 Prohibited in childcare centres and mutual help childcare centres 105 Prohibited in 2004 amendment to Hungarian Child Protection Act 106 Prohibited in 2003 Children’s Act 107 2003 National Charter for Children recognises children’s right to protection from corporal punishment 108 National Policy on Education recommends prohibition; prohibited in Andhra Pradesh, Goa, Tamil Nadu, Chandigarh, Orissa, Delhi, Himachal Pradesh and West Bengal; in June 2006, it was announced that the Punjab government had decided to prohibit corporal punishment in schools and it was under consideration in Bihar; 2005 National Plan of Action for Children includes goal of prohibition in schools; as at April 2006, prohibited at national level in draft Free and Compulsory Education for Children Bill; government committed to prohibition in schools and other settings outside the home (2006) 109 2005 National Plan of Action for Children includes goal of prohibition in relation to children in difficult circumstances; prohibited in institutions in Offences Against Children (Prevention) Bill (2006) 110 See previous note 111 Prohibited in Criminal Code but permitted under Shari’a law in Aceh province and in regional regulations based on Islamic Law in other areas 112 As at January 2005 Penal Code and juvenile justice system were under review 113 Government has stated long-term commitment to prohibition but given no indication of timing 114 Prohibited in pre-school settings except for childminders caring for children of relatives, children of same family or up to three children from different families; prohibited in foster care and residential care services by guidance 115 Prohibited by law in state schools; prohibited in private school by policy 116 Prohibited by law for young persons aged 17 or 18 years, but only by policy for younger children 117 Prohibited in care institutions and foster care by policy; as at March 2005, explicit prohibition in all alternative care settings in draft legislation under consideration 118 2000 Supreme Court ruled against all violence in childrearing; “reasonable chastisement” defence removed from legislation in same year 119 1996 Supreme Court ruling prohibited all violence in childrearing, but as at March 2007 not confirmed in legislation 120 Prohibited in schools for children up to the age of 6 years 121 Prohibited in day care centres and residential institutions (information unconfirmed); lawful in foster care

5

STATE

Prohibited in the home NO NO124 NO NO NO NO NO NO YES132 NO NO NO NO NO136 NO138 NO141 NO NO NO NO NO148 NO NO153

Prohibited in schools NO122 YES YES YES YES128 YES YES NO YES NO133 NO135 NO YES YES YES139 YES ??? NO YES142 NO YES YES YES154

Jersey (UK) Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Lao PDR Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Macao (China) Madagascar Malawi Malaysia Maldives Mali Malta
122 123

Prohibited in penal system As sentence As disciplinary measure YES YES YES YES YES YES YES YES126 129 NO NO YES130 NO YES YES YES YES YES YES YES YES NO NO YES NO NO ??? YES YES YES YES140 YES YES YES ??? YES ??? YES143 YES144 146 NO NO147 149 NO NO150 YES YES152 YES YES

Prohibited in alternative care settings NO123 [YES] SOME125 SOME127 NO ??? SOME131 NO YES SOME134 NO NO ??? SOME137 YES NO ??? NO SOME145 NO SOME151 NO NO

Prohibited by government guidance Prohibited in care institutions and foster care by policy 124 In September 2006, government stated corporal punishment by parents prohibited in new legislation, but no explicit prohibition and Penal Code allows for parental discipline within limits established by “general custom” (article 62) 125 Prohibited in children’s villages, youth homes and other institutions, but no prohibition in foster care 126 But as at March 2007 some legislation not amended 127 Prohibited in institutions 128 Statutory provisions allowing for corporal punishment repealed but no explicit prohibition in legislation 129 Government committed to prohibition (2006) 130 But reintroduction possibly proposed 131 Prohibited in residential institutions 132 Prohibited in 1998 Children’s Rights Protection Law 133 Government committed to law reform (2006) 134 Prohibited in day care centres (information unconfirmed) but not in other alternative care settings 135 Prohibited in Education Bill (2006) 136 Penal Code prohibits physical and psychological harm and government has stated (January 2006) corporal punishment not permitted, but no explicit prohibition 137 Prohibited in state alternative care settings but not in privately run alternative care settings 138 Government has stated intention to introduce explicit prohibition in legislation (2006) 139 But no explicit prohibition 140 See previous note 141 Government has stated intention to prohibit 142 Prohibited in Constitution 143 Prohibited in Constitution, but permitted in other legislation 144 See previous note 145 Prohibited in state institutions by Constitution 146 Government committed to prohibition (2007) 147 See previous note 148 Government committed to full prohibition (2006) 149 Government has stated commitment to prohibition but also to retaining corporal punishment under Islamic law (2006) 150 Government committed to full prohibition (2006) 151 Prohibited in the Education and Training Centre for Children; government committed to full prohibition (2006) 152 But no explicit prohibition 153 As at March 2005, draft Children Act reportedly prohibited physical punishment (information unconfirmed) 154 But no explicit prohibition

6

STATE

Prohibited in the home NO NO NO NO NO157 NO NO NO160 NO NO NO NO NO NO NO NO169 YES174 NO NO YES176 NO177 NO NO NO NO

Prohibited in schools YES [NO] NO155 YES NO158 [YES] NO YES YES NO NO161 NO163 NO164 YES ??? NO170 YES NO175 [NO] YES NO178 NO NO ??? NO

Marshall Islands Martinique (France) Mauritania Mauritius Mexico Micronesia, Federated States Monaco Mongolia Montenegro Montserrat (UK) Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands Netherlands Antilles New Caledonia (France) New Zealand Nicaragua Niger Nigeria Niue Northern Mariana Islands (US)

Prohibited in penal system As sentence As disciplinary measure YES YES [YES] [YES] ???156 NO YES NO YES NO YES NO YES YES159 YES NO YES YES YES NO YES YES YES [NO] YES165 NO YES YES166 168 SOME NO SOME171 NO172 YES YES YES YES [YES] [YES] YES YES YES YES [YES] [NO] SOME180 [NO] YES ??? YES [YES]

Prohibited in alternative care settings NO NO NO NO NO NO NO NO NO NO NO162 NO NO SOME167 ??? NO173 YES NO NO YES NO179 NO NO ??? ???

155 156

Prohibited by Ministerial Order Possibly lawful under Islamic law 157 But “right of correction” removed from the Civil Code of the Federal Territory 158 Except possibly in Sonora 159 But no explicit prohibition 160 Government is considering prohibition (2007) 161 Prohibited by Ministerial direction 162 No prohibition in foster care; possibly no prohibition in other alternative care settings 163 Prohibited by Government directives 164 Prohibited by government directive 165 But some legislation not amended/repealed 166 Declared unconstitutional in 1991 Supreme Court ruling; as at May 2007 not confirmed in legislation though Child Justice Bill under discussion 167 Unlawful in state institutions under 1991 Supreme Court ruling, but not confirmed in legislation; not prohibited in privately administered settings 168 Prohibited for children under 16 years, but permitted for older children 169 2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; government committed to full prohibition (2006) 170 2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; legislation prohibiting corporal punishment in schools possibly in preparation (December 2006); government committed to full prohibition (2006) 171 Prohibited in state laws, but permitted in Maoist courts 172 2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; government committed to full prohibition (2006) 173 See previous note 174 Prohibited in 2007 amendment to the Civil Code 175 Prohibited by policy 176 Prohibited by Crimes (Substituted Section 59) Amendment Act, in force July 2007 177 Bill proposing full abolition being drafted by Children’s Ombudsman’s office (February 2007) 178 See previous note 179 See previous note 180 Prohibited as sentence in 2003 Child Rights Act, but this not enacted in all states and other legislation not amended

7

STATE

Prohibited in the home YES181 NO NO182 NO NO NO NO NO NO192 NO196 YES198 NO199 NO202 NO NO NO NO NO YES205 NO NO

Prohibited in schools YES YES SOME183 NO NO187 NO YES189 NO191 NO193 YES YES YES200 YES YES NO203 NO YES NO YES YES NO206

Norway Oman Pakistan Palau Palestine Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Islands (UK) Poland Portugal Puerto Rico (US) Qatar Republic of Korea Republic of Moldova Réunion (France) Romania Russian Federation Rwanda
181

Prohibited in penal system As sentence As disciplinary measure YES YES ??? NO SOME184 NO185 YES NO YES188 NO YES YES YES NO190 YES YES YES NO194 YES YES YES YES YES YES YES YES YES YES NO NO YES YES YES YES204 YES YES YES YES YES YES YES YES

Prohibited in alternative care settings YES NO NO186 NO NO NO NO NO NO195 SOME197 YES YES201 NO NO NO NO NO NO YES NO SOME207

Prohibited in 1987 amendment to 1981 Parent and Child Act; but 2005 Supreme Court decision interpreted Penal Code as allowing “lighter smacks”; government is reviewing this provision 182 Prohibited in draft Protection of Children Act 2005, under discussion (May 2007); 2005 National Child Policy recognises right of the child to protection from corporal punishment 183 Prohibited in North West Frontier Province, by Federal Ministerial directive and by directives in Punjab and Sindh Provinces; 2005 National Child Policy recognises right of the child to protection from corporal punishment; prohibited in draft Protection of Children Act 2005, under discussion (May 2007) 184 Prohibited in 2000 Juvenile Justice System Ordinance but as at June 2006 this not implemented in tribal areas and other legislation not amended; 2005 National Child Policy recognises right of the child to protection from corporal punishment; prohibited in draft Protection of Children Act 2005, under discussion (May 2007) 185 See previous note 186 Prohibited in draft Protection of Children Act 2005, under discussion (May 2007); 2005 National Child Policy recognises right of the child to protection from corporal punishment 187 Prohibited by Ministerial direction 188 But possibly permitted under Shari’a law 189 But as at April 2005, right of correction still in Criminal Code 190 Prohibited in draft Juvenile Justice Act, as at April 2005 intended to replace the Juvenile Courts Act 191 Legislation protects dignity but does not explicitly prohibit corporal punishment 192 Legislation prohibiting all corporal punishment, including in the family, under discussion (2006) 193 Prohibited by Decree, but not in law; legislation prohibiting all corporal punishment, including in the family, under discussion (2006) 194 Legislation prohibiting all corporal punishment, including in the family, under discussion (2006) 195 See previous note 196 According to Save the Children (January 2007), public request for full prohibition has been made 197 Prohibited in residential institutions and day care centres 198 Prohibited in 2003 Children Ordinance 199 Prohibited in 1997 Constitution, but not confirmed in law 200 Prohibition in private schools unconfirmed 201 Prohibition in private institutions unconfirmed 202 1994 Supreme Court ruling stated parents have no right to use physical aggression in childrearing but in 2006 Supreme Court ruled corporal punishment in childrearing lawful and necessary; government since announced it will prohibit explicitly and Criminal Code under review (January 2007) 203 Prohibited by Ministerial Decree 204 But no explicit prohibition 205 Prohibited in 2004 Law on Protection and Promotion of the Rights of the Child 206 Legislation is in preparation (2005) 207 Prohibited in child care centres

8

STATE

Prohibited in the home NO NO NO NO NO NO NO210 NO NO NO NO214 NO NO216 NO NO221 NO222 NO NO NO224 NO225 YES226 NO227 NO

Prohibited in schools YES NO NO [NO] NO NO209 YES [YES] NO212 YES YES NO215 NO217 NO YES YES NO NO YES YES YES NO228 NO230

Saint Helena (UK) Saint Kitts & Nevis Saint Lucia Saint Pierre & Miquelon (France) Saint Vincent & the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands Somalia South Africa Spain Spitzbergen (Svalbard) (Norway) Sri Lanka Sudan

Prohibited in penal system As sentence As disciplinary measure YES YES NO NO YES NO [YES] [YES] NO YES YES SOME211 NO YES YES YES NO218 NO YES YES YES NO YES YES YES YES NO NO [YES] YES ??? NO SOME213 YES [YES] NO219 NO YES YES NO YES YES YES YES YES NO

Prohibited in alternative care settings SOME208 NO NO NO NO NO NO NO NO NO NO [YES] NO SOME220 YES SOME223 NO NO YES NO YES NO229 NO

208 209

Prohibited in residential institutions Prohibited by policy 210 Government has stated Penal Code provision for “abuse of the powers of correction or discipline” (article 234) effectively prohibits corporal punishment, but no explicit prohibition in law 211 Prohibited for persons under the age of 17 years, but possibly lawful for those aged 17 years 212 Prohibited by Ministerial circulars 213 Prohibited in prisons and in training centres but possibly lawful in other penal institutions 214 2005 Serbian Family Act states: “Parents may not subject the child to humiliating actions and punishments which insult the child's human dignity and have the duty to protect the child from such actions taken by other persons” (article 69). We have been unable to substantiate reports that this prohibits all corporal punishment, including in the home 215 Prohibited by policy 216 Sierra Leone Truth and Reconciliation Commission has recommended prohibition in the home and schools (2004) 217 Sierra Leone Truth and Reconciliation Commission has recommended prohibition in the home and schools (2004); possibly prohibited in 2005 Child Rights Bill, under discussion (May 2007) 218 Prohibited in 2005 Child Rights Bill, under discussion (May 2007) 219 Possibly prohibited in 2005 Child Rights Bill, under discussion (May 2007) 220 Prohibited in child care centres 221 Government has stated intention to prohibit corporal punishment in the home (2005); prohibition to be included in new Family Code expected to be publicly debated January/February 2007 222 Prohibited in draft Family Act (2007) 223 Prohibited in day care centres and residential schools 224 Law Commission and others have proposed removal of “reasonable chastisement” defence but as at April 2007, debate continuing 225 Government has stated intention to pursue law reform (2004) 226 Norwegian law applies 227 Government committed to full prohibition (2006) 228 Prohibited by government circular; court ordered corporal punishment for truancy prohibited by 2005 Act No. 23; government committed to full prohibition (2006) 229 Government committed to full prohibition (2006) 230 1993 School Regulations prohibit for girls but allow four lashes for boys

9

STATE

Prohibited in the home NO NO YES234 NO235 NO NO238 NO NO NO241 NO NO NO NO NO NO NO NO249 NO NO NO251 YES253 NO NO254 NO

Prohibited in schools NO231 NO233 YES YES236 NO237 YES NO YES YES NO242 NO244 ??? YES NO246 NO248 YES YES NO NO NO252 YES YES YES NO

Suriname Swaziland Sweden Switzerland Syrian Arab Republic Taiwan Tajikistan Thailand TFYR Macedonia Timor-Leste, DR Togo Tokelau (New Zealand) Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks & Caicos Islands (UK) Tuvalu Uganda Ukraine United Arab Emirates UK United Republic of Tanzania

Prohibited in penal system As sentence As disciplinary measure YES YES NO NO YES YES YES YES YES ??? YES YES YES NO YES YES240 YES YES YES YES SOME245 YES YES ??? NO NO YES NO YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO NO YES YES NO NO

Prohibited in alternative care settings NO232 NO YES YES NO ??? 239 NO NO YES NO243 NO ??? NO NO247 NO NO ???250 NO NO NO YES NO SOME255 NO

231 232

Prohibited by government directives Prohibited in private and state institutions in draft Children’s Home Bill due for presentation early 2005 233 Prohibition proposed in new legislation due for presentation late 2006 234 Prohibited in 1979 amendment to Parenthood and Guardianship Code 235 2003 Federal Court ruling stated repeated and habitual corporal punishment unacceptable, but did not rule out right of parents to use corporal punishment 236 Prohibited by federal law pursuant to cantonal legislation; 1991 Federal Court ruled it permissible in certain circumstances, but this considered impossible under current (2005) legislation 237 Ministry of Education advises against its use 238 Government committed to full prohibition (2005) 239 See previous note 240 As at May 2006, legislation being amended 241 2000 Law on Protection of Children prohibits corporal maltreatment, punishment and other inhuman treatment and abuse, but not interpreted as prohibiting parental corporal punishment 242 Government committed to prohibition (2005) 243 Prohibited by policy in child care centres, orphanages and boarding houses from April 2005 244 Prohibited in 1980 Ministerial Order 245 Prohibited in state legislation but used in traditional courts 246 Prohibited by 2000 Children (Amendment) Act, as at February 2007 not in force 247 Prohibited in health care and psychiatric institutions by policy 248 Prohibited by Ministerial circular 249 Possibly prohibited under 2002 Rights of the Child (Guarantees) Act 250 See previous note 251 According to ANPPCAN (November 2006), Children Act under review and full prohibition likely to be proposed 252 Prohibited in state schools by Ministerial circular 253 Prohibited in 2001 Law on Prevention of Domestic Violence 254 Scotland: 2003 Criminal Justice (Scotland) Act restricts common law defence by introducing concept of “justifiable assault” of children and defining blows to head, shaking and use of implements as unjustifiable; England and Wales: 2004 Children Act maintains “reasonable punishment” defence for cases of common assault; similar provision introduced in Northern Ireland by the 2006 Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 255 Prohibited in residential care institutions and foster care arranged by local authorities or voluntary organisations, and in day care institutions and childminding in England and Wales and Scotland; prohibited by guidance in day care institutions and childminding in Northern Ireland; not prohibited in private foster care

10

STATE USA256 US Virgin Islands (US) Uruguay Uzbekistan Vanuatu Venezuela Viet Nam Wallis & Futuna Islands (France) Western Sahara Yemen Zambia Zimbabwe

Prohibited in the home NO NO NO260 NO NO NO266 NO NO NO NO NO NO

Prohibited in schools SOME257 NO NO261 YES YES YES NO [NO] [NO] YES YES NO

Prohibited in penal system As sentence As disciplinary measure YES SOME258 YES YES YES NO262 264 YES YES SOME265 [YES] YES YES YES YES [YES] [YES] [YES] NO YES268 NO [YES] NO YES269 NO

Prohibited in alternative care settings SOME259 NO NO263 NO NO NO267 NO NO [NO] NO NO NO

256 257

See appendix 3 Prohibited in public and private schools in Iowa and New Jersey, in public schools in a further 26 states and District of Columbia, and in some large city school districts in other states 258 Prohibited in 31 states 259 Prohibited in all alternative care settings in 30 states and in some settings in other states and District of Columbia 260 Bill prohibiting all corporal punishment has been introduced in parliament, and expected before Legislation and Constitution Commission in Senate March 2007; government has pledged unconditional support to the bill and has publicly committed to implement all UN Study recommendations 261 See previous note 262 See previous note 263 See previous note 264 But possibly permitted under mahallyas system 265 Used in rural areas for punishment of young boys and girls found to have broken village or custom rules 266 Legislation prohibiting all corporal punishment, including in the family, expected to be enacted in 2007 267 See previous note 268 Ruled unconstitutional by Supreme Court in 1999, but as at May 2007 some legislation not amended 269 See previous note

11

Appendix 1: Australia
State/territory Prohibited in the home NO NO3 NO NO NO NO10 NO NO Prohibited in schools YES YES NO NO5 NO8 YES YES NO14 Prohibited in penal system As sentence As disciplinary measure YES N/A1 YES YES YES YES YES YES YES YES YES YES6 YES YES11 YES NO Prohibited in alternative care settings SOME2 YES4 NO YES7 YES9 SOME12 SOME13 SOME15

Australian Capital Territory New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia

1 2

No juvenile detention centres in Australian Capital Territory; young people accommodated in New South Wales facilities Prohibited in child care centres, but reasonable correction defence potentially available to staff in child care centres and residential centres and to foster carers 3 Law prohibits force to child’s head or neck and to any part of the body where likely to cause harm lasting more than short period 4 Prohibited in child care centres and residential centres, except possibly by child’s parent, step-parent, parent’s de facto partner or parent’s relative; prohibited in foster care 5 Prohibited in government schools by policy 6 But reasonable correction defence possibly available 7 Prohibited in child care centres, residential centres and foster care, but reasonable correction defence available 8 Prohibited in government schools by policy 9 Prohibited in child care centres, residential centres and foster care but reasonable chastisement defence available 10 In 2003 Law Reform Institute recommended abolition of defence of reasonable correction but as at April 2007 no changes in law had been made 11 But reasonable chastisement defence available 12 Prohibited in residential centres but reasonable chastisement defence available; prohibited by policy in child care centres and foster care 13 Prohibited in child care centres and residential centres; not prohibited in foster care 14 Prohibited in government schools by policy 15 Prohibited in child care centres; not prohibited in residential centres or foster care

12

Appendix 2: Canada
Province/ territory Prohibited in the home Prohibited in schools Prohibited in penal system As sentence As disciplinary measure YES YES YES YES YES YES YES YES YES YES YES YES YES Prohibited in alternative care settings Child care Foster care

Alberta British Columbia Manitoba New Brunswick Newfoundland Northwest Territories Nova Scotia Nunavit Ontario Prince Edward Island Quebec Saskatchewan Yukon

NO NO NO NO NO NO NO NO NO NO NO5 NO NO

NO YES NO1 YES YES YES YES YES NO2 YES YES YES YES

YES YES YES YES YES YES YES YES YES YES YES YES YES

YES YES YES NO YES YES YES YES YES3 YES YES6 YES YES

YES YES YES NO NO NO NO NO YES4 NO YES7 NO NO

1 2

Prohibited by policy by many school boards Prohibited by policy by many school boards 3 Prohibited in provincially-licensed childcare programmes and foster homes, and for all children receiving services from child protection agency or other service provider licensed or approved by province 4 Prohibited in provincially-licensed childcare programmes and foster homes, and for all children receiving services from child protection agency or other service provider licensed or approved by province 5 Reference to “right of correction” removed from Civil Code in 1994, and number of rulings have stated that right of correction no longer recognised in Quebec’s civil law, but federal Criminal Code, including section 43, apply 6 See previous note 7 See previous note

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Appendix 3: USA
Notes on table Homes: In December 2006, a bill was introduced to ban the advertising for sale and selling of devices for whipping children throughout the US. Schools: (i) Unless noted otherwise, in states in which there is no state level prohibition of corporal punishment, such punishment is permitted unless banned by local boards. In most of these states, it is up to local boards and schools to establish policies regulating the use of corporal punishment. (ii) Unless noted otherwise, state level prohibitions apply only to public schools. Penal system: Corporal punishment as a sentence for crime has been ruled unconstitutional by the Supreme Court, and no federal or state laws permit its use as an element of criminal sentencing. We have identified 31 states which prohibit in law corporal punishment as a disciplinary measure in juvenile detention centres, together with some which prohibit its use as a matter of policy. In others we have been unable to locate an explicit prohibition in state laws available on the world wide web, but have not had access to all subsidiary regulations or policies. The American Correctional Association’s standards for juvenile detention facilities call for “written policy, procedure, and practice [that] protect juveniles from personal abuse, corporal punishment, personal injury, disease, property damage, and harassment”. The comment to the standard notes: “In situations where physical force or disciplinary detention is required, only the least drastic means necessary to secure order or control should be used.” The National Juvenile Detention Association has passed a resolution which “opposes any policy or related procedure which advocates, promotes, or authorizes the use of offensive physical intervention techniques that allows staff to hit, kick, or strike juveniles”.

State

Prohibited in the home

Prohibited in schools

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii

NO NO NO NO NO NO NO NO NO NO NO NO

NO YES NO NO YES NO YES YES YES NO NO YES

Prohibited in penal system As sentence As disciplinary measure YES NO1 YES YES YES NO YES NO3 YES YES YES YES YES [NO] YES NO YES NO7 YES YES YES YES NO10 [YES]

Prohibited in alternative care settings SOME2 YES YES SOME4 YES YES SOME5 SOME6 SOME8 SOME9 YES YES

1 2

But prohibited by policy Prohibited in all settings, but preschool programmes operated by churches or religious non-profit schools exempt from licensing 3 Prohibited for adult prisoners but permitted for juveniles 4 Prohibited by licensing requirements in family day care and in day care centres, and in group homes/institutions and foster care homes licensed by Arkansas Department of Human Services; not prohibited in private group homes/institutions licensed by Arkansas Child Welfare Agency Review Board; child care facilities operated by churches possibly exempt from licensing requirements 5 Prohibited in all settings, but some religious based arrangements exempt from child care licensing 6 Prohibited in family day care and in day care centres; prohibited in foster care by agency policy only, but as at June 2005 new regulations carrying explicit prohibition being promulgated 7 Prohibited by policy 8 Prohibited in group homes/institutions and home foster care; prohibited in day care centres by policy only but as at June 2005 regulations carrying explicit prohibition being promulgated; prohibition proposed in family day care 9 Prohibited in all settings, but child care facilities in church or parochial schools exempt from licensing regulations 10 Prohibited by policy

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State

Prohibited in the home

Prohibited in schools

Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota

NO NO NO NO NO NO NO NO NO NO NO ???19 NO NO NO NO NO NO NO NO NO NO NO

NO YES NO YES14 NO NO NO YES YES YES YES YES NO NO22 YES YES YES YES YES25 NO YES NO27 YES

Prohibited in penal system As sentence As disciplinary measure YES YES YES YES YES [NO] YES YES YES YES YES YES YES YES YES YES YES NO16 YES [NO] YES YES YES YES YES NO20 YES YES YES YES YES YES YES YES YES [NO] YES YES YES NO26 YES YES YES YES YES NO29

Prohibited in alternative care settings SOME11 SOME12 SOME13 YES YES YES SOME15 YES SOME17 SOME18 YES YES SOME21 SOME23 SOME24 YES YES YES YES YES YES SOME28 YES

11 12

Prohibited in group homes/institutions and home foster care; not prohibited in family day care and day care centres Prohibited in all settings except church-sponsored part-day child care programmes for children over 3 years of age 13 Prohibited in day care centres and home foster care; not prohibited in group homes/institutions, but discouraged through training and legal interpretation; prohibited in family day care by agency policy, but as at June 2005 prohibition proposed; possibly not prohibited in unlicensed child care programmes with religious affiliation 14 Prohibited in public and private schools 15 Prohibited in home foster care, Class A (federally funded) day care and residential centres and emergency shelters; not prohibited in family day care, Class B day care and residential centres 16 Possibly prohibited by policy 17 Prohibited in all state-regulated child care facilities but possibly lawful in private facilities; nursery schools and child care centres operated by tax-exempt religious organisations exempt from licensing standards 18 Prohibited in family day care, day care centres and group homes/institutions; prohibited in home foster care through training and legal interpretation but not in law 19 Examination of several laws of Minnesota has led some legal experts to conclude corporal punishment not permitted, but legislation states parent/legal guardian/caretaker can use reasonable force to restrain or correct a child (Sec. 609.379.[Cr.]) 20 Possibly prohibited by policy 21 Prohibited in family day care, day care centres, home foster care and licensed group homes/institutions; not prohibited in unlicensed group homes/institutions 22 Prohibition proposed in House Bill 289 23 Prohibited in all settings, but child care facilities of religious organisations exempt from licensing 24 Prohibited in family and group day care centres; in home foster care prohibited in agency policy and law states that foster parents may not use “unusual, severe, cruel, capricious, humiliating or unnecessary punishment” and foster parents must show evidence of being able to care “without recourse to physical punishment”; as at June 2005 explicit prohibition proposed 25 Prohibited in public and private schools 26 Possibly prohibited by policy 27 Bill to abolish corporal punishment in public schools to be discussed March 2007 28 Prohibited in family day care, group homes/institutions, home foster care and in licensed day care centres; permitted in religious-sponsored day care centres; religious child care facilities, including summer day camps, exempt from licensing 29 Law prohibits “excessive corporal punishment”

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State

Prohibited in the home

Prohibited in schools

Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO

NO NO YES YES NO30 NO YES NO NO YES YES YES YES YES YES NO

Prohibited in penal system As sentence As disciplinary measure YES YES YES YES YES YES YES YES YES ??? YES NO31 YES [YES] YES NO33 YES YES YES YES YES ???37 YES YES YES ???39 YES YES YES YES YES NO40

Prohibited in alternative care settings YES YES YES YES YES SOME32 YES SOME34 SOME35 SOME36 YES SOME38 YES YES YES YES

30 31

Possibly banned by administrative policies or board policies in all districts Information unconfirmed; law prohibits “excessive corporal punishment” 32 Prohibited in home foster care, day care centres and in group homes/institutions for children in state custody or placed by public agencies; permitted in family day care; bible schools and child care programmes of churches and other religious organisations not publicly funded exempt from prohibition in licensing requirements 33 Permitted in schools for children in detention run by penal system but prohibited out of school hours 34 Prohibited in family day care, day care centres, child welfare licensed group homes/institutions and foster care; permitted in Residential Child Care Agencies group homes/institutions, but prohibited in proposed new standards (2005); child care centres run by religious schools exempt 35 Prohibited in family day care and in day care centres; permitted in group homes/institutions and home foster care 36 Prohibited in all settings, but parochial institutions providing educational care exempt from licensing 37 Prohibited by law for adult inmates, but possibly only by policy for juveniles 38 Prohibited in family day care, day care centres and home foster care; permitted by law in seven licensed group homes/institutions, though prohibited by policy in all seven 39 Prohibited by law for adult inmates, but possibly only by policy for juveniles 40 Information unconfirmed; law prohibits “excessive or unreasonable” corporal punishment

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