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CASE STUDIES COMPILED BY EPOCH WORLDWIDE
The following case studies are examples of information collected
by EPOCH WORLDWIDE from governmental and non
governmental organisations on the legality and prevalence of
physical punishment of children in the home and in institutions in
various state:. Where appropriate, information is included on
traditional practices which threaten children's physical integrity.
The studies also note any progress towards establishing a right
to physical integrity for the child
EPOCH-WORLDWIDE aims to build up a data-base of detailed
information on as many countries as possible. It already has
contacts with over 300 NGOs and individuals involved in research
in more than 100 countries, and has detailed information
available on more than 50 countries.
Case study
1 Europe: the experience of five countries which have prohibited
all physical punishment
Sweden
Finland
Denmark
Norway
Austria
Council of Europe recommendations
2 Canada
3 Congo
4 Guyana
5 India
6 Israel
7 Kenya
8 Romania
9 South Africa
10 Swaziland
11 United Kingdom
EUROPE: THE EXPERIENCE OF FIVE COUNTRIES WHICH HAVE
PROHIBITED ALL PHYSICAL PUNISHMENT OF CHILDREN
The Austrian Parliament voted unanimously in March 1989 to
protect its children from all physical punishment, in their homes
and elsewhere. The law came into effect on July 11989, making
Austria the fifth European country to adopt this reform Ten years
earlier, on July 11979, Sweden became the first country to outlaw
all physical punishment. Across Europe, more than seven million
children are now protected. In 1992, the Minister of Justice in
Germany committed her country to a similar legal reform within
two years. (Outside Europe, the Federal Department of Justice in
Canada indicated in July 1993 that it was proceeding with legal
reform and a public education campaign).
SWEDEN
Traditional rights of parents to hit their children existed
unchallenged in Sweden until 1949. That year, when a new
Parenthood and Guardianship code was introduced, there was
talk of limiting severe physical punishment. Parents right to
"punish" was amended to a right to "reprimand". Abolition of
corporal punishment in schools came into effect in 1958, and in all
other child care establishments in 1960. In 1967 the criminal law
on assault was changed to remove the provision which excused
parents who caused minor injuries through physical punishment.
In 1977 the Swedish Parliament set up a Children's Rights
Commission Its first proposal was that an explicit ban on
subjecting children to physical punishment or other degrading
treatment should be added to the Parenthood and Guardianship
Code. Consultation found little opposition and early in 1979 a Bill
was passed by a majority of 259 to 6. The law now reads:
"Children are entitled to care, security and a good upbringing.
Children are to be treated with respect for their person and
individuality and may not be subjected to physical punishment or
any other hurting treatment".
Public and parent education about the new law was
comprehensive, using the media, a pamphlet circulated to all
families with children, and building it into the school curriculum.
There has been a drastic change in Swedish attitudes to physical
punishment since the legal reforms began in the 1960s: opinion
polls showed the proportion believing that "parents should
manage without physical punishment" doubled from 35 to 71 per
cent between 1%5 and 1981. In 14 years there has only been
one prosecution of a parent for "ordinary" physical punishment,
and the proportion of children taken into state care in Sweden is
very low and reducing.
A detailed assessment of the effects of the law, carried out in
1981 and 1988, concluded: "The 1979 law is now taken for
granted in Sweden. Whereas in 1981 parents reported "thinking
twice" before using any physical punishment, in 1988 parents
simply say they do not use it The Government has achieved the
goal of enabling parents to recognise that even mild physical
punishment has the potential of escalating to abuse, and physical
punishment is not a constructive childrearing method".
FINLAND
During a comprehensive reform of children's law which was
implemented in January 1984, the following principle was added:
"A child shall be brought up in a spirit of understanding, security
and love. He shall not be subdued, corporally punished or
otherwise humiliated. His growth towards independence,
responsibility and adulthood shall be encouraged, supported and
assisted".
As in Sweden, there had been earlier preliminary reforms: school
corporal punishment ended in 1872. Opinion polls in 1981 and
1985 showed a significant drop in support for physical
punishment. A 1988 study by the Central Union of Child Welfare
of the experiences and attitudes of 15 and 16 year-olds found 45
per cent had received corporal punishment during their childhood
(which spanned the period before the legal reform). Only five per
cent believed that would physical punishment on their own
children
DENMARK
Denmark became the third Nordic country to protect its children
from physical punishment when an addition to the Minority Act
came in to force on January 11986, stating that: "Parental
custody implies the obligation to protect the child against physical
and psychological violence and against other harmful treatment".
In Denmark the reform was carried through despite apparent
strong public opposition; a 1984 opinion poll found only 25 per
cent wanting formal abolition
NORWAY
An addition to the Parent and Child Act which came into force on
January 11987 stated: "The child shall not be exposed to physical
violence or to treatment which can threaten his physical or
mental health". "11982 a governmental committee studying child
abuse and neglect recommended that the law should be changed
to ensure that children were not subjected to physical
punishment or humiliating treatment. Maifrid Flekkoy, Norway's
and the world's first child ombudsman was influential in
persuading the Norwegian Parliament to accept the reform There
have been limited education campaigns by the government and
by NGOs.
AUSTRIA
In July 1989 an amendment to family law and the Youth Welfare
Act came into force which stated explicitly: "Using violence and
inflicting physical or mental suffering is unlawful". Austrian civil
courts had already begun to indicate during the 1980s that
physical punishment was unacceptable. The new law was passed
unanimously and without controversy.
COUNCIL OF EUROPE RECOMMENDATIONS
In 1985, proposing measures to reduce family violence, the
Committee of Ministers of the Council of Europe recommended
that states "should review their legislation on the power to
punish children in order to limit or indeed prohibit corporal
punishment, even if violation of such a principle does not
necessarily entail a criminal penalty" (recommendation R8514).
In 1990 a further recommendation on social measures concerning
violence in the family emphasised "the general condemnation of
corporal punishment and other forms of degrading treatment as a
means of education, and the need for violence free education"
(recommendation R90/2).
2
CANADA
Child Abuse
First legislation was passed in 1894.
Can be implemented if physical signs last more than a few hours;
and in any case of
alleged sexual abuse.
Physical punishment in the home
Federal Criminal Code of Canada, section 43 gives parents the
legal right to punish:
"Every schoolteacher, parent or person standing in the place of a
parent is justified in. using force by way of correction toward a
pupil or child, as the case maybe) who is under his care if the
force does not exceed what is reasonable under the
circumstances".
If this Federal Law is repealed then the Provinces will
automatically follow suit.
National survey of discipline methods of Canadian parents was
carried out by Ontario Institute for the Prevention of Child Abuse
in 1988. This found almost all parents used talking or reasoning
either occasionally or often A high percentage of parents
admitted to shouting or yelling; 20 per cent to using physical
punishment, 3 per cent often
Physical punishment outside the home
In schools and daycare institutions for young children, Federal
Law (see above) still permits physical punishment. However,
education is within provincial jurisdiction. British Columbia has
prohibited it (School Act, section 95(3), 1973); in other provinces
many local Boards of Education have prohibited the use of
corporal punishment in their schools. There are no restrictions on
verbal chastisement, detention or putting a child in isolation.
State care residential services including foster care come within
child welfare services which also fall within provincial jurisdiction
and some provinces have prohibited the use of physical
punishment. Ontario's Child and Family Services Act 1984, section
27 defines a service provider and section 97 states that "...no
service provider shall inflict corporal punishment or permit
corporal punishment to be inflicted..".
Physical punishment in the penal system
Not permitted.
Progress
The Criminal Code of Canada has been under review for some
time and (July 1993)
the Canadian Department of Justice has decided to repeal section
43 (see above) within two years:. To accomplish this the
Department plans to hold discussions with teachers, lawyer
parents etc. starting Autumn 1993 as well as conducting a public
education campaign offering positive alternatives to corporal
punishment. Two NGOs are involved in discouraging physical
punishment and encouraging positive parenting: the institute for
the Prevention of Child Abuse ([PCA) and the Canadian Council
on Children and Youth (CCCY).
Canadian Charter of Rights: section 12 guarantees the right not
to be subjected to "cruel and unusual punishment or treatment"
and section 15 guarantees every individual the right to equal
protection and benefit of the law without discrimination based on
age.
UN Convention
Ratified: 12.12.1991
Informants
Tom Hay and Nanci Burns, The Institute for the Prevention of
Child Abuse, Ontario;
Dr Marie Hay, British Columbia
3
CONGO
Child Abuse
Article 312 of the Penal Code states:" Whosoever shall
intentionally batter or wound a child of less than 15 years of age
will be punished by imprisonment for a period of between one
and three years. ..and a fine". The penalty increases for parents
both natural and adoptive. In the event of the assault causing
mutilation or death "...without the intention of having brought it
about.." the sentence will be one of life imprisonment with hard
labour. If there has been habitual maltreatment intending to
bring about death then the charge of aggravated murder or
attempted murder can be leveled.
Physical punishment in the home
There is no legislation authorising or prohibiting physical
punishment; physical punishment is commonly used and is not
considered "wrong" in the moral or social sense. Society
considers a parent weak who allows his child to misbehave and
does not punish him
Physical punishment outside the home
Ministerial note (January 111984) which provides regulations for
schools, article 70 specifies: "Acts of brutality, or intellectual,
spiritual or physical bullying which infringe on the freedom and
self respect of t he child or young person are forbidden". There
are incidents of teachers inflicting corporal punishment (spanking,
slapping and caning); though technically against the law very
often no proceedings taken. Again Penal Code Article 312
increases the penalty when an assault is committed by a person
who is under a duty to protect the child.
Physical punishment in the penal system
Special sections for minors have been established in prisons but
the question of physical punishment has not been addressed.
Children are put 'A punishment cells as well as having food
withdrawn and visits cancelled.
There are exceptions in certain institutions, e.g. the Antoinette
Sassou-Nguessou re-education Centre socially prohibits physical
punishment in its regulations; the emphasis is on reeducation
Congolese regulations very old and out of date; new Code of
Penal Procedure being planned.
UN Convention
Not signed or ratified (1993).
Informant
UNICEF;
Institute for the Protection of the Young.
4
GUYANA
Physical punishment in the home
Parents, teachers and other carers have right to "administer
reasonable and proper punishment to the child"; Criminal Law
(Offenses) chapter 8:01 section 9(a).
Physical punishment outside the home
Not prohibited in any setting: e.g. in schools: Education Chapter
39:01, sections 93 and 94: "Whenever corporal punishment is
administered, a statement of the extent and nature of the
punishment, and the reasons therefore must be entered in the
punishment book. All such entries must be made at the time the
punishment is inflicted". Headteachers should administer corporal
punishment; in the case of girls it should be administered by a
female teacher or by headteacher in the presence of one.
Physical punishment in the penal system
In the penal system, child is defined as under 14.
Laws of Guyana Chapter 11:03 Whipping and flogging: section 3
"Sentences of whipping and flogging shall be subject to the
following:
a) a female shall not be sentenced to be whipped or flogged, but
in any case where the sentence may be passed on a male, the
court may sentence a female of or above the age of fourteen
years to undergo solitary confinement...
b) a child shall not be sentenced to be flogged, but may be
sentenced to be whipped....". The number of strokes shall not
exceed 12 in the case of whipping, or 24 in the case of flogging.
In training schools "any boy detained in a school who willfully
refuses or neglects to conform to the regulations thereof may, for
every offence, be ordered by the headmaster or the person in
charge, to be whipped with such instrument as the Minister may
prescribe, the punishment not to exceed six strokes, or to be
kept in solitary confinement for a period not exceeding one day".
Laws of Guyana Chapter 11:06- Training Schools, section 20.
UN Convention
Ratified: 14.1.91.
Informants
UNICEF 1991;
ministry of Labour, Human Service and Social Security (1992).
5
INDIA
Child Abuse
Art. 39 of the Constitution: young children are not to be abused
and are to be protected against moral and material abandonment
The various Child Welfare Acts have provisions for the prevention
of cruelty to children and also for the care, welfare and
rehabilitation of neglected and abused children The law against
cruelty (Juvenile Justice Act 1986) can only be initiated with
approval of officer of state government; moderate is punishment
is permitted
The National Policy for Children 1974 states: "Children shall be
protected -'against neglect, cruelty and exploitation", but few
know of this.
Physical punishment in the home
It is widely believed that hitting will discipline a child and lead
him/her to respect and fear elders. A survey of Indian university
students, reported in 1991, found 91 per cent of males and 86
per cent of females had been physically punished in their
childhood.
Physical punishment outside the home
It is permitted and is very prevalent in schools as it is deeply
ingrained in the system though there is evidence that teachers
are becoming conscious of its ill effects. Delhi School Education
Rules 1973 for example state that corporal punishment can be
used by the headteacher as a disciplinary measure in the case of
"impertinence or rude behaviour towards the teachers", though it
must not be "..severe or excessive.. .and not cause bodily harm".
If a cane is used it has to be on the hand and no more than 10
strokes; the punishment has to be recorded in the Conduct
Register of the Student.
The 1986 National Policy on Education called for the exclusion of
corporal punishment in schools.
Physical punishment in the penal system
Appears to be permitted; no general information
Bombay Children (management by District associations) Rules,
1955 amended
20/12/57- section 23 discipline and punishment, with reference to
remand homes,states that "..punishment shall be reasonable and
according to modern methods, such as lack or recreation loss of
amenities, etc." A punishment book has to be kept.
Progress
1986 National Policy for Children expresses the obligation of the
country to protect
children from neglect, exploitation and cruelty.
Union Ministry of Welfare agreed in principle to consider
amending law on cruelty.
UN Convention
Ratified: 11.12.1992
Informants
UNICEF;
Sheela Barse;
Co-ordinnting Committee for Vulnerable Children (1992);
Mahastra State.
6
ISRAEL
Child Abuse
Until 1989 children were protected from assault and abuse in the
criminal law only by the provisions prohibiting assault and abuse
against all individuals. There was no special legislation providing
special protection for children in these areas. In 1989 the
Knesset passed legislation which specifically prohibited physical
abuse of children This legislation established more severe
sanctions for abuse of children than equivalent assault or injury
to adults and more severe sanctions for abuse of children by
family members than by strangers. There is no specific level of
violence demanded by law to lead to investigation; however the
new specific legislation is divided into two categories of offenses
those offenses determined according to the result of the action'
which generally require some external sign of abuse, and those
offenses determined according. to the offender's behaviour which
generally require continuous abusive behaviour, rather than a
one-time occurrence of the abuse. (Amendment 26 Penal Code,
1977; passed in November 1989).
The law now requires all persons to report a situation where a
child is at risk There is no research on the prevalence of physical
and sexual abuse of children. However in the National Council of
the Child's statistical abstract on the status of the child in Israel
there is data on police files opened in connection with physical
and sexual abuse of children. These show that until 1990 a
steady number of files were opened annually on sexual offenses -
against minors, but between 1990/91 this figure increased by
more than 400 per cent; there was a rise of almost 100 per cent
in the number of files opened because of physical abuse or
neglect within the family. The increased awareness m the public
domain means that there is more interest in dealing with these
cases. Estimated that 100,000 children suffer either neglect,
physical or emotional ill-treatment; of these, 6,000 below the age
of 14 are estimated as sexually abused every year.
Physical punishment in the home
Penal Law (Article 379) prohibits any kind of assault -against a
human being regardless of whether the act resulted in injury.
Nevertheless, the law defines a general defense of "justification".
This defense had been as any act according to "accepted social
norms", and these include the use of "reasonable" corporal
punishment to educate a minor by a person who has authority
over him/her. A similar approach can be found in Israeli civil law;
the Ordinance of Torts also includes a general prohibition of
assault (Article 24), but at the same time determines that an act
will not be considered assault if made by"... the plaintiffs parent
or guardian or teacher.... and the latter had chastised the plaintiff
in a reasonable measure needed to correct his behaviour".
There is no defense on the lawbooks that grants parents a legal
right to use physical punishment against their children However
caselaw has recognised such a defense for parents. During a
review of the Criminal Code in 1992 a proposal was made to
include a self defense of "reasonable" action taken for
"educational" purposes by someone responsible for a minor.
In January 1992 a father was charged with kicking his son The
judge stated: "I summarise and determine that corporal
punishment used by a parent on his child, in order to educate him
to teach him discipline, and to restrain him - as long as used in
proper degree, in sober judgment and in reason - is not without
educational value and is not forbidden by law". He concluded that
under the circumstances the father's act was not "exceptional or
unreasonable enough to constitute a criminal offence".
Physical punishment outside the home
The prohibition against the use official violence -against children
in schools is contained in administrative guide lines of the of
Education These guidelines apply to all state supervised schools,
which are the majority in Israel. Physical punishment is allowed in
the few private schools.
Allowed in daycare institutions for young children
15,000 children below the age of 14 live in institutions; in
regulations governing institutions for state care of children there
is a specific prohibition of physical violence or other degrading
means of discipline against children (Regulations Regarding the
Supervision of Institutions 1965, 1968).
Physical punishment is permitted in both private and state
arranged foster care.
Physical punishment in the penal system
Not allowed as a sentence or as a form of punishment in penal
institutions.
Other threats to physical integrity
Not in general but there is female circumcision among the
Bedouin tribes in the Negev.
Progress
A proposal drafted by the National Council for the Child is
currently (1993) under discussion which would prohibit by law the
use of physical violence against children in all schools and
institutions. In 1992, the National Council produced a booklet
Education without violence: a Guide for Parents.
UN convention
ratified 3.10.1991.
Informant
National Council for the Child;
DCI-Israel;
Yossi Miller;
Press cuttings;
UNICEF.
7
KENYA
Child Abuse
Children and Young Persons Act 1963 empowers the Children's
Department to deal with cases of child abuse and neglect.
Health professionals regularly report cases of multiple fractures
needles and other foreign bodies in children, burns, bites and
bruises deliberately inflicted on children In 1990 the press
reported 50 cases of children murdered by their parents in the
first six months of the year.
No evaluation has been carried out, but the crime reports m the
newspapers reflect a very high prevalence, on the increase.
press cutting 7/93: a father helped a crowd stone his son to
death for alleged theft).
The Penal Code (Cap 63, section 216) makes it an offence for a
"person who has the charge of another, who is not able to
provide himself with the necessities of life, to fail to provide or
withdraw from providing those necessities", but this covers the
sick and the elderly as much as a child.
Physical punishment in the home
The laws of Kenya have no specific provisions for parental care
and duties. Customary law upholds the preeminence of the father
and his right to inflict punishment. It would. be considered un-
African to challenge an 'Elders' decision or opinion, and would be
looked on as rebellious.
The press increasingly report cases focusing on the prevalence of
physical punishment by parents. Parents often tell teachers they
should cane their children as a means of disciplining.
Section 5 of the Constitution, where civil rights and freedoms are
specified, omits mention of children as a group against which
dissemination is prohibited.
Physical punishment outside the home
The Education Act (Cap 211) permits corporal punishment in
accordance with the Education (School Discipline) Re-ions which -
city the conditions in which punishment can be carried out (e.g.
regulation 11: "Corporal punishment may be inflicted only in
cases of continued or grave neglect of work, lying, bullying, gross
insubordination, indecency, truancy or the like").
Caning is used in both state and private schools, but the
headteacher must supervise the beating and it has to be
recorded in a Punishment Book
Plenty of examples of other commonly used punishments: hitting
with straps, sticks, rulers and tree branches, pinching, hair pulling
and being set difficult and irrelevant tasks, e.g. the uprooting of a
tree stump.
Cases of unreasonable violence: a teacher breaking the arm of a
girl when she found her with her boyfriend; pupils hit on the head
causing unconsciousness and on the ears causing deafness;
primary school boy pupil died after being beaten by a teacher
(press cutting February 1992).
Penal Code Section 241 does provide an element of protection
but not invoked: "Any person authorised by law or by the
consent of the person injured by him to use force is criminally
responsible for any excess, according to the nature and quality of
the act which constitutes the excess".
There have been a number of recent public scandals involving
abuse of children in institutions. They have become a matter of
national concern because of their frequency, the numbers of
people involved and the degree of negligence (press cuttings St
Kizito and the Hsainga School in Siaya).
There has been no monitoring or research in other daycare sets.
Physical punishment in the penal system
The Children and Young Persons Act (Cap 141) defines
punishment: e.g. hard labour in remand homes; the Juvenile
Court can sentence a child to corporal punishment ("press cutting
July 1991: offender was given 4 strokes of the cane).
other threats to physical integrity
Initiation rites are part of the social customs of most Kenyan
Communities.
Female genital mutilation is part of the social customs of many
Kenyan communities, like the Kikuyu, the Meru, the Embu and
others; it is regarded as having great significance culturally
because womanhood is achieved by the act.
Male circumcision is also carried out. Tattooing by the Massai.
Customary Law permits traditional practices as long as they are
not repugnant to morality and justice. There is some social outcry.
Progress
The Law Reform Commission is looking at amending the Children
and Young Persons
Act Cap 141, to make it more pertinent to children's rights and
protection It is considering amending and consolidating children's
law into a single act.
The Government set up a Commission of Equity after the St. Kizito
school tragedy, but the findings have not been made public.
October 1992 Programme of Action for Children in the 1990s.
report by Presidential Commission of Enquiry
UN Convention
Ratified: 2.8.1990.
Informants
Villoo Nowrojee, ANPPCAN.
Press cuttings, 1993;
UNICEF Innocenti Study 1991;
Child Welfare Society of Kenya
8
ROMANIA
Child abuse
The crime of "child abuse" is punishable under the Penal Code
established in 1968, as amended. Article 306: "The putting in
grave jeopardy of the minor's physical, intellectual or moral
development through any kind of measures or treatment by
parents or any other carers is punished with a prison sentence of
1 to 5 years".
Physical punishment in the home
There is no legislation covering parental rights of punishment.
The 1991 Constitution of Romania stipulates that title 1, Chapter
11 Art. 22(2)): "No one shall be subject to torture and inhumane
or degrading punishment or treatment". Also in relation to
children and young people Title 1 Chapter 11, Art 45) the
Constitution states: "Exploiting minors, using them in activities
that would be harmful to their health, morality or would endanger
life or normal development are forbidden".
A survey of a sample of over 300 parents in 1992 found 84 per
cent regarding spanking as a normal method of childrearing 96
per cent did not regard it as humiliating.
Physical punishment outside the home
No prohibition on the use of physical punishment in schools (?) or
other institutions.
Physical punishment in the penal system
Not permitted as sentence or punishment in institutions.
UN Convention
Ratified 28.09.90.
Infomants
Octavia Graur;
Romanian Embassy (1991).
9
SOUTH AFRICA Republic of
Child Abuse
Latest legislation is the Child Care Act 1983. Recent reports show
a doubling in the evidence of child abuse in the last four years.
More than 15,300 cases were reported in 1992, while the police
believe the real incidence is 10 times higher.
Physical punishment in the home
There is no law against- parental physical punishment; it is part
of a culture that accepts and promotes "spare the rod and spoil
the child". "Aggressive discipline is practiced in many families in all
sectors of South African society. Parents who have grown up
experiencing harsh physical punishment for even slight
misdemeanors apply the mine methods of punishment to their
children, often with serious consequences" violence in South
Africa OUP, 1990). Butone study (Rakitzis, 1987) found 8.4 per
cent of 30.4 per cent Afrikaans speaking white students, and
41.2 per cent of black students reported not being physically
punished at home.
Physical punishment outside the home
Physical punishment is permitted and widely used in schools and
other institutions. Detailed regulations vary between different
administrations, e.g. in some areas girls may not be physically
punished Only in the Transvaal are children in kindergarten
specifically excluded from being beaten
Surveys during 1980s have found up to 90 per cent of
respondents report having been beaten during school career. In
one study (1987)30 per cent of black pupils reported being
beaten on a daily basis.
Physical punishment in the penal system
Whipping as a form official punishment was repealed on January
29 1993.
Widespread evidence of physical and sexual abuse of children
and young people in detention (see People and violence in South
Africa).
Progress
Major campaign by NGOs involved in the field of child abuse for
legislation against all forms of violence, abuse etc.
UN Convention
Signed 29.01.93.
Informants
RAPCAN, Cape Town, 1993;
UNICEF
10
SWAZILAND
Child abuse
Child Care Service Order (September 1977) establishes a Child
Care Service which includes the duty to protect children from
"...abuse or ill-treatment, to remove children from the custody or
care of unfit persons or from conditions which are physically or
morally harmful to them..". It appears the service is little
developed.
Physical punishment in the home
Swaziland has a dual legal system: Roman-Dutch (or Magistrates'
Court/Common Law) Court and Swaziland National Court (or
Customary Law). The National Court is based on Swazi tradition
and has no official, inscribed guidelines. The Magistrates' Court is
imported from the British and Boers of South Africa and conforms
with written guidelines; it recognises the application of Swazi
Customary Law if it is not inconsistent but it is the ultimate court.
Physical punishment is culturally acceptable. Swazi men have the
right and duty to beat their wives and children
Assault is prohibited under Common Law and Swazi Customary
Law; but parents have the "right to moderately chastise their
children for purposes of correction"
Physical punishment outside the home
Permitted by law in schools; A Guide to Schools Regulations and
Procedures Swaziland Ministry of Education 1988, includes strict
guidelines, specified in Appendix B Education Rules, 1977. despite
these restrictions there are incidents of excessive beatings.
Teachers not in support of corporal punishment are seen as
undermining the authority of the headteacher and other teachers.
Where punishment is excessive, children have the right to bring
assault charges but social support for such action is minimal.
Physical punishment is not permitted in state institutions,
nurseries or foster care.
Physical punishment in the penal system
Common Law Court does not have a juvenile criminal justice
system, those over 14 are treated as adults Under 14 year olds
cannot serve prison sentences; corporal punishment is one oft he
sanctions used. For over-16s prison is an option as well as
corporal punishment and fines (sections 306,307 Criminal Law
and Procedure Act). Section 84 of the Magistrates Court Act
provides that the magistrates cannot implement "whipping" until
the High Court has reviewed the sentence. The maximum number
of strokes is 15, though rarely imposed. (guidelines are: use of
light cane; to be carried out in private; accused must be medically
certified as being fit to receive specified number of strokes;
parents or guardians have the right to be present and the
strokes to be on the buttocks only.
Under the Criminal Law and Procedure Act (Section 308) and
Customary Law, female children cannot be subjected to corporal
punishment.
Swazi Customary Law or National Law uses corporal punishment,
usually no more than 4 or 5 strokes.
UN Convention
Signed 22.08.90.
Informants
Swaziland Action Group Against Abuse (SWAGGA); UNICEF.
11
UNITED KINGDOM
Child abuse
Legislation dates back to 1889(60 years after first legislation
against cruelty to
animals).
Includes provision confirm parents' and other carers' common law
right to use "reasonable chastisement".
Physical punishment in the home
"Reasonable chastisement eat" is permitted; courts
interpretation of "reasonable" varies, but during 1992193
parents who have admitted using belts and sticks to beat young
children, causing serious bruising, have been acquitted of assault
and cruelty; in other cases parents have been successfully
prosecuted.
Physical punishment is common and opinion polls show high but
falling levels of social acceptance of it In 1985, interviews with a
large sample of mothers found 63 per cent admitting that they
were already hitting their baby before the age of one; earlier
research found that 22 per cent of seven year-olds had been hit
with an implement and another 53 per cent had been threatened
with an implement.
Physical punishment outside the home
Abolition of corporal punishment in all state-supported education
came into effect in
1987. In private schools, pupils who are paid for by parents may
still be beaten
(abolition covers any private schools receiving state grants, and
pupils in such schools
supported by the state).
Regulations and guidance issued under the Children Act 1989 (a
major reform of children's law) have effectively ended physical
punishment in all residential children's homes, in foster-care (both
arranged by local authorities and privately), and in all group
daycare including childminding
Physical punishment in the penal system
Physical punishment is not available as a sentence, nor is it
allowed as a punishment in penal institutions.
Progress
A campaign to end all physical punishment of children by
education and legal reform was launched in 1989 (EPOCH). It is
now supported by a strong coalition of most of the child welfare
and child protection organisations, and many professional bodies.
In 1992 the governmental Scottish Law Commission, in a report
on reform of family law, proposed that it should become a criminal
offense to strike a child with an implement, or in a way which
causes or could cause injury or pain or discomfort lasting more
thana very short time. The proposal is currently (1993) under
consideration by ministers
UN Convention
Ratified 16.12.91.
Informants
EPOCH.