Prohibiting corporal punishment of children in the Caribbean ...

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Opportunities for law reform and moves towards prohibitionKey opportunities for enacting laws to prohibit corporal punishment arise when legislation is being reviewed, for examplewhen national laws are being harmonised with the Convention on the Rights of the Child and other human rightsinstruments, and when new laws relevant to children are being drafted. There are many current opportunities for reform inthe Caribbean and in some states prohibition is being actively promoted in this context, though there are also examples ofproposals to enact laws authorising corporal punishment.One opportunity for enacting prohibition is provided by the Family Law and Domestic Violence Reform Project of theOrganisation of Eastern Caribbean States (OECS), part of the wider Judiciary and Legal Reform Project of the EasternCaribbean Supreme Court. For this project, the OECS drafted five “model family bills”, including a Child Justice Bill, aChildren (Care and Adoption) Bill and a Domestic Violence Bill. As drafted in 2007, these Bills were silent on the issue ofcorporal punishment, but they nevertheless provide an opportunity for enacting prohibition as OECS member states andothers review them with a view to adopting new legislation.The following table outlines current opportunities for enacting prohibition and moves towards prohibition across theregion. Further information can be found in the individual country reports on pages 33 to 64.Opportunities for law reform and moves towards prohibition in the CaribbeanState Opportunities for law reform Moves towards prohibitionAntigua andBarbudaLaws being harmonised withinternational human rightsobligations; OECS draft Billsunder considerationThe Child Justice Bill drafted by the OECS would not provide for corporalpunishment as a sentence – it was widely circulated for review butthe process was put on hold; during the UPR in 2011, the Governmentacknowledged that the Corporal Punishment Act should be repealed; otherBills as drafted by the OECS would not prohibit corporal punishment.Bahamas Constitution under review During the UPR in 2008, the Government stated its intention to repeal lawsallowing corporal punishment as a sentence.BarbadosConstitution underreview; drafting of laws ondiscrimination and tortureunder considerationThe Minister of Education has publicly advocated prohibition in schools, butthis is not the official Government position.Belize ? The Government accepted recommendations to prohibit made during theUPR (2009) and stated that full prohibition is being considered.DominicaOECS draft Bills possibly underconsiderationNo known progress.GrenadaChild Justice Bill and draft newConstitution under discussionThe Child Justice Bill drafted by the OECS would not provide for corporalpunishment as a sentence; during the UPR in 2008, the Governmentindicated its commitment to enacting the Bill, which was scheduled for itsfirst reading in the House of Representatives in April 2012.Guyana Education Bill under discussion The possibilty of including prohibition in the Education Bill is beingdiscussed; recent law reform prohibits corporal punishment as a sentenceand in penal institutions for boys under 17 and in some forms of care.Haiti ? No known progress.JamaicaSt Kitts and NevisSt LuciaSt Vincent and theGrenadinesSurinameTrinidad andTobagoNew schools legislation beingdraftedOECS draft Bills possibly underconsiderationOECS draft Bills possibly underconsiderationOECS draft Bills possibly underconsiderationRegulations for day care underconsiderationChildren Bill under discussionProposals have been made to prohibit corporal punishment in schools inlegislation on safe schools; private members’ Bills to repeal provisions forjudicial flogging tabled in the House of Representatives in October 2010were withdrawn in June 2011.No known progress.No known progress.No known progress.The Government accepted recommendations to prohibit corporalpunishment in schools made during the UPR and stated that regulations toprohibit it in day care are being discussed (2011).Children Bill would prohibit corporal punishment by all persons exceptparents/guardians; legislation prohibiting corporal punishment in schoolsand as a sentence for crime was enacted in 2000 but has not been broughtinto force.26 Prohibiting corporal punishment of children in the Caribbean:
State/territory Opportunities for law reform Moves towards prohibitionGuadeloupeBill which would prohibit underdiscussion in FranceBill No. 1971 to abolish all corporal punishment was filedin the National Assembly of France in November 2010; ifpassed it would apply in Guadeloupe.FranceMartiniqueSt BarthelemyBill which would prohibit underdiscussion in FranceBill which would prohibit underdiscussion in FranceBill No. 1971 to abolish all corporal punishment was filedin the National Assembly of France in November 2010; ifpassed it would apply in Martinique.Bill No. 1971 to abolish all corporal punishment was filedin the National Assembly of France in November 2010; ifpassed it would apply in St Barthelemy.St MartinBill which would prohibit underdiscussion in FranceBill No. 1971 to abolish all corporal punishment was filedin the National Assembly of France in November 2010; ifpassed it would possibly apply in St Martin.ArubaCivil Code being revised; newPenal Code under discussionAs at January 2012, proposed revisions to the Civil Codedid not include prohibition; the Minister of Justice hasadvised against including prohibition in the new PenalCode.Kingdom of the NetherlandsBonaireCuraçaoSabaSt EustatiusLaws of the Netherlands beingadoptedCivil Code being revised; newPenal Code under discussionLaws of the Netherlands beingadoptedLaws of the Netherlands beingadoptedThe Civil Code of the Netherlands was amended in 2007to prohibit all corporal punishment; adopting the Code inBonaire would result in prohibition being achieved.Proposed amendments to the Civil Code do not includeprohibition.The Civil Code of the Netherlands was amended in 2007to prohibit all corporal punishment; adopting the Code inSaba would result in prohibition being achieved.The Civil Code of the Netherlands was amended in 2007to prohibit all corporal punishment; adopting the Codein St Eustatius would result in prohibition being achieved.St MaartenJoint Custody Bill and newCriminal Code under discussionThe Joint Custody Bill would amend the Civil Code toprohibit all corporal punishment.Anguilla Education Bill under discussion Early drafts of the Bill did not provide for corporalpunishment, but this decision was reversed followingdebate.Bermuda ? No known progress.British Virgin IslandsNew Prison Law and Prison Rulesbeing drafted; OECS draft Billspossibly under considerationNo known progress.UKCayman Islands ? The Education Modernisation Law (2009) prohibitscorporal punishment in schools but has not yet beenbrought into force.MontserratTurks and CaicosIslandsOECS draft Bills underconsiderationLaws being harmonised withthe Convention on the Rights ofthe Child; OECS draft Bills underconsiderationThe OECS draft Bills were reviewed by the LegalDepartment in 2007 but there appears to have been nofurther progress.No known progress.USPuerto Rico ? No known progress.US Virgin Islands ? No known progress.progress report 2012 27
Page 4 and 5: MessagesJean ZermattenI am always s
Page 7 and 8: Prohibiting all corporalpunishment
Page 10 and 11: 14Progress towards prohibition in C
Page 12 and 13: Regional human rights instruments
Page 14 and 15: International and regional human ri
Page 16 and 17: Recommendations and responses on co
Page 18 and 19: used to resolve conflicts with chil
Page 20: Faith based support forprohibitionS
Page 23 and 24: Achieving law reform“All States h
Page 25 and 26: Repealing defences and authorisatio
Page 27: The box below provides examples of
Page 31 and 32: Across Further resources the region
Page 33 and 34: Legality of corporal punishmentin t
Page 35 and 36: Country Reports: Independent states
Page 37 and 38: BARBADOSCountry Reports: Independen
Page 39 and 40: DOMINICACountry Reports: Independen
Page 41 and 42: GUYANACountry Reports: Independent
Page 43 and 44: JAMAICACountry Reports: Independent
Page 45 and 46: ST LUCIACountry Reports: Independen
Page 47 and 48: SURINAMECountry Reports: Independen
Page 49 and 50: Country Reports: Overseas territori
Page 57 and 58: (Special Municipality in the Nether
Page 67 and 68: Key resourcesWebsitesUN Committee o

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