Prohibiting corporal punishment of children in the Caribbean ...

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Overseas departments, territories and dependenciesStateProhibited inthe homeProhibited inschoolsProhibited in penal systemAs sentence for As disciplinarycrimemeasureProhibited inalternative caresettingsFranceGuadeloupe ✘ 19 ✘ 20 ✓ ✓ 21 ✘ 22Martinique ✘ 23 ✘ 24 ✓ ✓ 25 ✘ 26St Barthelemy ✘ 27 ✘ 28 ✓ ✓ 29 ✘ 30St Martin ✘ 31 ✘ 32 ✓ ✓ 33 ✘ 34Kingdom of the NetherlandsAruba ✘ ✘ ✓ [ ✘ ] [ ✘ ]Bonaire ✘ [ ✘ ] ✓ ✓ 35 ✘Curaçao ✘ [ ✘ ] ✓ ✓ 36 ✘Saba ✘ [ ✘ ] ✓ ✓ 37 ✘St Eustatius ✘ [ ✘ ] ✓ ✓ 38 ✘St Maarten ✘ 39 [ ✘ ] 40 ✓ ✓ 41 ✘ 42UKAnguilla ✘ ✘ ✓ ✓ 43 ✘Bermuda ✘ ✘ ✓ ✓ ✘British Virgin Islands ✘ ✘ ✓ ✓ 44 ✘Cayman Islands ✘ ✘ ✓ ✘ ✘Montserrat ✘ ✘ ✓ ✘ ✘Turks and Caicos Islands ✘ ✘ ✓ ✘ ✘USPuerto Rico ✘ ✓ ✓ ✓ ✘US Virgin Islands ✘ ✘ ✓ ✓ 45 ✘19 Bill No. 2971 to abolish all physical and psychological violence against children by persons with parental authority under discussion (2012)20 See also note on home21 But no explicit prohibition; see also note on home22 See note on home23 Bill No. 2971 to abolish all physical and psychological violence against children by persons with parental authority under discussion (2012)24 See note on home25 But no explicit prohibition; see also note on home26 See note on home27 Bill No. 2971 to abolish all physical and psychological violence against children by persons with parental authority under discussion (2012)28 See note on home29 But no explicit prohibition; see also note on home30 See note on home31 Bill No. 2971 to abolish all physical and psychological violence against children by persons with parental authority under discussion (2012)32 See note on home33 But no explicit prohibition; see also note on home34 See note on home35 But no explicit prohibition36 But no explicit prohibition37 But no explicit prohibition38 But no explicit prohibition39 Legislation which would prohibit under discussion (2012)40 See note on home41 But no explicit prohibition; see also note on home42 See note on home43 But no explicit prohibition44 But no explicit prohibition45 But no explicit prohibition32 Prohibiting corporal punishment of children in the Caribbean:
Country Reports: Independent statesANTIGUA ANDBARBUDAChild population (0-17): 28,000 (UNICEF, 2010)Current legality of corporal punishmentHome (lawful): Article 5(6) of the Juvenile Act (1951)confirms “the right of any parent, teacher or other personhaving the lawful control or charge of a juvenile toadminister reasonable punishment to him”. Provisionsagainst violence and abuse in the Childcare and ProtectionAct (2003), the Offences Against the Person Act (1873) andthe Domestic Violence (Summary Proceedings) Act (1999)are not interpreted as prohibiting corporal punishment inchildrearing.Penal system – sentence for crime (lawful): The CorporalPunishment Act (1949) and article 12 of the Juvenile Act allowfor persons under 18 at the time of the offence to be sentencedto whipping. Other laws allow whipping as part of, or asan alternative to, the specified punishment if the offenderis under 16, including the Offences Against the Person Act(articles 54 and 62), the Criminal Law Amendment Act (1887)(article 3(2)), the Railways Offences Act (1927) (article 3) andthe Magistrates Code of Procedure Act (1892) (article 105).Schools (lawful): Article 50 of the Education Act (2008)states that “degrading or injurious punishment shall notbe administered” but that corporal punishment may beadministered “where no other punishment is consideredsuitable or effective, and only by the principal, deputyprincipal or any teacher appointed by the principal forthat purpose, in a manner which is in conformity with theguidelines issued in writing by the Director of Education”;the punishment should be recorded in a punishment book.Article 51 provides for the Minister to abolish corporalpunishment subject to Parliamentary approval.Penal system – disciplinary measure in penal institutions(lawful): The Corporal Punishment Act provides for floggingfor breaches of prison discipline (article 4); the Prison Act(1956) allows up to 12 strokes for persons under 21 (article11); the Training Schools Act (1891) allows for enforcementof regulations “by fine, whipping, imprisonment or otherpunishment” (article 5).Alternative care settings (lawful): There is no explicitprohibition and article 5 of the Juvenile Act applies (seeabove).Law reform under wayAs an OECS member state, Antigua and Barbuda will havereceived the draft Bills of the Family Law Reform Projectfor consideration (see page 26). The Child Justice Bill wasconsidered by the Ministry of Social Transformation andthe Ministry of Legal Affairs and circulated to relevantagencies for review, but the review was put on hold and to ourknowledge has not been resumed.Law reform necessary to achieveprohibition in Antigua and BarbudaIslam and corporal punishment in alternative careRepeal of right “to administer reasonable punishment”(in Juvenile Act); repeal of provisions authorisingcorporal punishment (in Education Act, CorporalPunishment Act, Offences Against the Person Act,Criminal Law Amendment Act, Railways OffencesAct, Magistrates Code of Procedure Act, Juvenile Act,Prison Act, Training School Act); explicit prohibitionof corporal punishment in the home, schools, penalsystem and alternative care settings.Human rights jurisprudence oncorporal punishmentTreaty body recommendations/observations: Committee on the Rights of the Child (2004). 1UPR (2011): Government stated Corporal Punishment Act should be repealed but rejected recommendations to prohibit allcorporal punishment. 21 3 November 2004, CRC/C/15/Add.247, Concluding observations on initial report, paras. 35, 36 and 482 14 December 2011, A/HRC/19/5, Report of the Working Group, paras. 19, 69(9), 69(10), 69(11), 69(12), 69(13), 69(14) and 69(15)progress report 2012 33
Page 4 and 5: MessagesJean ZermattenI am always s
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