Prohibiting corporal punishment of children in the Caribbean ...

JAMAICACountry Reports: Independent statesChild population (0-17): 961,000 (UNICEF, 2010)Current legality of corporal punishmentHome (lawful): The common law right to inflict “reasonableand moderate” punishment applies. The Child Care andProtection Act (2004) does not confirm this right, butprovisions against violence and abuse in that Act and inthe Offences Against the Person Act (1864), the DomesticViolence Act (1996) and the Constitution (1962) arenot interpreted as prohibiting corporal punishment inchildrearing.Schools (partial prohibition): There is no provision forcorporal punishment in the Education Act (1965) or inthe Education Regulations (1980), but a teacher is justifiedin administering “moderate and reasonable” corporalpunishment under common law (Ryan v Fildes [1983] 3 AllE.R.517). The Government has stated its intention to abolishcorporal punishment in schools and informed all publicschools not to use it (Ministry of Education School Bulletin94/08); it is prohibited in schools for children under the age of6 (see below).Law reform under wayPenal system – sentence for crime (unlawful): Corporalpunishment was ruled unconstitutional by the JamaicanCourt of Appeal in December 1998 and there is no provisionfor it in the Criminal Justice (Reform) Act (1978), theCorrections Act (1985) and the Child Care and ProtectionAct. Provisions for corporal punishment in the FloggingRegulation Act (1903), the Crime (Prevention of) Act (1942)and the Obeah Act (1898) have yet to be repealed.Penal system – disciplinary measure in penal institutions(unlawful): Corporal punishment is unlawful under article 62of the Child Care and Protection Act, but provisions for it inthe Flogging Regulation Act have yet to be repealed.Alternative care settings (unlawful): Corporal punishmentis prohibited in early childhood centres (schools forchildren under the age of 6) under the Act to Provide for theRegulation and Management of Early Childhood Institutionsand for other Connected Matters (2005), and in children’shomes in article 17 of the Child Care and Protection(Children’s Homes) Regulations (No. 22 of 2005). It isprohibited in other institutions and forms of childcare (placesof safety) in article 62 of the Child Care and Protection Act.Legislation is being drafted on safe schools and proposals have been made to include prohibition of corporal punishment.Two private members’ bills were tabled in Parliament in October 2010 to repeal the Flogging Regulation Act (1903), the Crime(Prevention of) Act (1942) and provisions in the Obeah Act (1898) whichprovide for judicial corporal punishment but the Bills were withdrawn in Law Islam reform and corporal necessary punishment to in achieveJune 2011.alternative careprohibition in JamaicaHuman rights jurisprudence on corporalpunishmentTreaty body recommendations/observations: Committee on the Rightsof the Child (2003, 1995); 23 Committee on Economic, Social and CulturalRights (2001); 24 Human Rights Committee (2011, 1997) 25UPR (2010): Government accepted recommendation to prohibit indetention centres. 26Repeal of right to inflict “reasonable andmoderate” punishment (common law);repeal of provisions authorising corporalpunishment (in Flogging Regulation Act,Crime (Prevention of) Act, Obeah Act);explicit prohibition in the home, schoolsand the penal system.23 4 July 2003, CRC/C/15/Add.210, Concluding observations on second report, paras. 33, 48 and 49; 15 February 1995, CRC/C/15/Add.32, Concludingobservations on initial report, para. 724 30 November 2001, E/C.12/1/Add.75, Concluding observations on second report, para.1425 17 November 2011, CCPR/C/JAM/CO/3, Concluding observations on third report, para. 20; 19 November 1997, CCPR/C/79/Add.83, Concludingobservations on second report, para. 1526 12 November 2010, A/HRC/WG.6/9/L.12, Draft report of the Working Group, para. 99(10)progress report 2012 41