Prohibiting corporal punishment of children in the Caribbean ...

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Recommendations and responses on corporal punishment in the UPRState review Recommendations (summary) Government response and other commentsAntigua andBarbuda (2011)Bahamas (2008)Barbados (2008)To prohibit corporal punishment in all settings,including in the home and as a sentence of thecourts, and to promote positive, non-violentdiscipline through awareness raising campaignsTo repeal legal provisions on corporalpunishment, to continue efforts to prohibit itand to end corporal punishment in homes andschoolsTo repeal legal provisions on corporalpunishment, to abolish all corporal punishmentof children and to conduct public awarenessinitiatives to change public attitudesRecommendations rejected. Government stated that the CorporalPunishment Act should be repealed.Recommendations rejected. Government stated that judicial corporalpunishment would be repealed but defended the legality of corporalpunishment in homes and schools.Recommendation to change public attitudes through awareness raisingaccepted; recommendation to prohibit corporal punishment rejected.Government stated that Minister for Education’s public advocacy ofprohibition in schools was not currently the official position.Belize (2009) To prohibit all corporal punishment of children Recommendations accepted. Government stated that law reform toprohibit in schools was under way and that complete prohibition is beingconsidered. (Note: Prohibition in schools has been achieved.)Dominica (2009)To prohibit corporal punishment in all settingsand repeal all legal provisions for itRecommendations rejected. Government stated that corporalpunishment in schools is not applied arbitrarily and there is no intentionto prohibit corporal punishment.Grenada (2010) To prohibit corporal punishment in all settings. Recommendations not formally accepted or rejected. Government statedthat corporal punishment is regulated by the Education Act and could notbe prohibited.Guyana (2010)To prohibit corporal punishment in all settings,including the familyRecommendations not formally accepted or rejected. Governmentnoted that law reform was under way to prohibit corporal punishmentin the penal system but corporal punishment in schools is distinct fromchild abuse and public opinion does not support prohibition. (Note:Corporal punishment is now prohibited as a sentence for crime and as adisciplinary measure in penal institutions for children under 17.)Haiti (2011) - -Jamaica (2010)St Kitts and Nevis(2011)St Lucia (2011)To prohibit corporal punishment of children indetention centresTo prohibit corporal punishment in all settings,including juvenile justice and in the homeTo review legislation relating to corporalpunishment, to prohibit corporal punishmentin all settings and to conduct awareness raisingcampaigns on the issueRecommendation accepted. Government stated it is alreadyimplemented or in the process of being implemented. Government alsostated that corporal punishment was forbidden in the education and caresettings, and public education campaigns were under way.Recommendation not formally accepted or rejected. Governmentstated that discipline is important in society and corporal punishmentis regulated under the Education Act to ensure it does not cross the lineinto abuse.Recommendations rejected. Government stated that corporalpunishment is part of the culture. Government will continue publicawareness raising on the issue together with efforts to phase out its usein schools.St Vincent andthe Grenadines(2011)Suriname (2011)Trinidad andTobago (2011)To prohibit corporal punishment in all settingsincluding in the home and in the context ofjusticeTo prohibit corporal punishment in all settings,including the homeTo review legislation on corporal punishmentand to prohibit it in all settings including thehomeRecommendations rejected. Government stated that laws constrainedthe use of corporal punishment and that the last time corporalpunishment had been carried out as part of a criminal sentence could notbe recalled.Recommendation to prohibit in schools accepted; recommendationsto prohibit in other settings rejected. Government stated Ministerialinstructions forbid corporal punishment in schools, regulations prohibitit in penal institutions, regulations to prohibit in care centres are beingdebated, and domestic violence law has begun to combat corporalpunishment in the home.Recommendation rejected. Government stated corporal punishmenttraditionally accepted in disciplining children; there is policy againstcorporal punishment in schools and measures to promote schooldiscipline without corporal punishment; criminalisation of corporalpunishment is the subject of national debate.14 Prohibiting corporal punishment of children in the Caribbean:
Research in theCaribbean“... since the Convention was adopted, the prevalence of corporal punishment of children intheir homes, schools and other institutions has become more visible, through the reportingprocess under the Convention and through research and advocacy by, among others, nationalhuman rights institutions and non-governmental organizations (NGOs).“Once visible, it is clear that the practice directly conflicts with the equal and inalienablerights of children to respect for their human dignity and physical integrity….”(Committee on the Rights of the Child, 2006, General Comment No. 8)Nature and prevalence of corporal punishmentAs in other world regions, children throughout theCaribbean are subjected to physical and other humiliatingpunishment in their homes, schools and other settingswhere they live and are cared for. A major UNICEF reportpublished in 2010 studied the experiences of children aged2-14 in 2005-2006 through interviews with mothers andother primary caregivers. The report made visible the highpercentages of children experiencing physical punishmentand/or psychological aggression in many countries,including across the Caribbean: 89% in Jamaica, 86% inSuriname, 77% in Trinidad and Tobago, 76% in Guyanaand 70% in Belize. 1 Other studies have similar findings:in a 2010 survey of 933 adults in the Bahamas, 77% ofrespondents from households with children reported that“spanking” was sometimes used to discipline them. 2 Youngerchildren may be particularly likely to experience corporalpunishment: in 2005, a study by UNICEF in associationwith the Governments of Barbados, St Lucia and St Vincentand the Grenadines, involving a survey of more than 2,300households, interviews with key informants and discussiongroups with adults and children, found that younger childrenwere more likely to experience corporal punishment such asbeing spanked, slapped or hit with a hand or an object thanolder children. 31 UNICEF (2010), Child Disciplinary Practices at Home: Evidence from aRange of Low- and Middle-Income Countries, NY: UNICEF2 Brennen, S. et al (2010), “A Preliminary Investigation of the Prevalenceof Corporal Punishment of Children and Selected Co-occurringBehaviours in Households on New Providence, The Bahamas”, TheInternational Journal of Bahamian Studies, 16, 1-183 UNICEF Office for Barbados and the Eastern Caribbean in associationwith the Governments of Barbados, St Lucia and St Vincent and theGrenadines (2006), A study of child vulnerability in Barbados, St Luciaand St Vincent & the Grenadines, Christ Church, Barbados: UNICEFOffice for Barbados and the Eastern CaribbeanChildrenexperience a widevariety of painfuland humiliatingpunishment. A 2004study in Belize,involving 1,475 5-12year olds, found thaton average 57% of themhad been “lashed” athome or knew someonewho had been “lashed”and that of those whowere hit, 91% said they were hit “hard”, 9% “softly”. 4 Anearlier study in Belize found that children were beaten withobjects including broomsticks, belts, electric cords, paddlesand shoes. 5A study involving nearly 4,000 children aged 3-17 inGuyana found that 81% had been beaten or hit with a belt,cane, whip or other object; children as young as 3 yearsreported being disciplined by their parents with an object.One third of children described physical punishmentsleading to injury, including bleeding skin, broken bones andblacking out. 6 A 2004 study involving 1,720 11-12 year oldsin Jamaica found that the most common methods adults4 Rosberg, M. (2004), Belize Study: Impact of Crime and Violence onChildren and Adolescents, Community Rehabilitation Department,Ministry of Human Development/UNICEF5 Hunt, H. (2003), Corporal punishment in Belize – the legal framework forviolence against children, Belize: National Organisation for thePrevention of Child Abuse and Neglect6 Cabral, C. & Speek-Warnery, V. (2005), Voices of Children: Experienceswith Violence, Georgetown: Ministry of Labour, Human Services andSocial Security/Red Thread Women’s Development Programme/UNICEF-Guyanaprogress report 2012 15
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Key resourcesWebsitesUN Committee o
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