Prohibiting corporal punishment of children in the Caribbean ...

BARBADOSCountry Reports: Independent statesChild population (0-17): 60,000 (UNICEF, 2010)Current legality of corporal punishmentHome (lawful): Article 4 of the Prevention of Cruelty to Children Act (1904) confirms “the right of any parent, teacher orother person having the lawful control or charge of a child to administer punishment to such child”. Provisions againstviolence and abuse in the Domestic Violence (Protection Orders) Act (1994), the Protection of Children Act (1990), theEmployment (Miscellaneous Provisions) Act (1977) and the Offences Against the Person Act (1994) are not interpreted asprohibiting corporal punishment in childrearing.Schools (lawful): Education Regulation 18(j) authorises principals to inflict corporal punishment and to delegate theauthority to do so to the deputy principal and senior teachers. In 2006, the Government stated that “the Government andpeople of Barbados did not view corporal punishment as torture, or inhumane or degrading in itself” and there were no plansto review its legality. 5 During the UPR of Barbados in 2008, the Government noted that the Minister of Education’s publicadvocacy for abolition of corporal punishment in schools did not reflect the official position. 6Penal system – sentence for crime (lawful): The Magistrate’s Courts Act provides for boys aged 8-15 to be “privatelywhipped” at a police station, up to 12 strokes with a “tamarind or other similar rod”, in place of or in addition to any otherpunishment (article 71). The Juvenile Offenders Act provides for young offenders to be whipped (article 16(f)) and for boysaged 12-15 to be “privately whipped” in lieu of or in addition to any other punishment (article 9). Under the CorporalPunishment Act, whipping or flogging should be administered on a single occasion, up to 12 strokes for persons under 16, 24for older persons (article 2).Penal system – disciplinary measure in penal institutions (lawful):The Reformatory and Industrial Schools Act (1926) authorises corporalpunishment as a disciplinary measure on boys (article 31) and allowsa magistrate to order whipping as a punishment for attemptedescape (article 34); the Prisons Act (1964) allows the use of force formaintaining discipline (article 20) and corporal punishment for specificdisciplinary offences, up to 12 strokes for persons under 21 (article 40).Alternative care settings (partial prohibition): Corporal punishmentis reportedly prohibited in state-arranged foster care and in pre-schoolsettings, and the Child Care Board Regulations (1985) prohibit it inday care centres and residential children’s homes run by the Board; it islawful in private foster care under article 4 of the Prevention of Crueltyto Children Act (see above).Law reform necessary to achieveprohibition in BarbadosIslam and corporal punishment in alternativecareRepeal of right “to administer punishment” (inPrevention of Cruelty to Children Act); repealof provisions authorising corporal punishment(in Education Act, Education Regulations,Juvenile Offenders Act, Corporal PunishmentAct, Magistrates Jurisdiction and Procedure Act,Magistrate’s Court Act, Prisons Act, Reformatoryand Industrial Schools Act); explicit prohibitionof corporal punishment in the home, schools,penal system and alternative care settings.Human rights jurisprudence on corporal punishmentTreaty body recommendations/observations: Committee on the Rights of the Child (1999); 7 Human Rights Committee(2007) 8UPR (2008): Government rejected recommendations to prohibit but accepted recommendation for public awarenessinitiatives to change public attitudes. 95 25 September 2006, CCPR/C/BRB/3, Third state party report to the Human Rights Committee, para. 2446 9 January 2009, A/HRC/10/73, Report of the Working Group, para. 497 24 June 1999, CRC/C/15/Add.103, Concluding observations on initial report, paras.19 and 228 11 May 2007, CCPR/C/BRB/CO/3, Concluding observations on third report, para. 129 16 March 2009, A/HRC/10/73/Add.1, Report of the Working Group: Addendum, paras. 21 and 23progress report 2012 35