Prohibiting corporal punishment of children in the Caribbean ...

ST LUCIACountry Reports: Independent statesChild population (0-17): 55,000 (UNICEF, 2010)Current legality of corporal punishmentHome (lawful): Article 5 of the Children and Young PersonsAct (1972) confirms “the right of any parent, teacher orother person having the lawful control or charge of a childto administer reasonable punishment to him”. Provisionsagainst violence and abuse in that Act, the Domestic ViolenceAct (1995) and the Criminal Code (2005) are not interpretedas prohibiting corporal punishment in childrearing.Schools (lawful): Article 50 of the Education Act (1999)prohibits “degrading or injurious punishment” but allowsfor corporal punishment “where no other punishment isconsidered suitable or effective”.Penal system – sentence for crime (unlawful): Corporalpunishment is not a permitted sentence under the CriminalCode and the Children and Young Persons Act.Penal system – disciplinary measure in penal institutions(lawful): In the Boys Training Centre, boys may be given “notmore than 2 strokes with the cane on each hand” (StatutoryRules and Orders No. 23, 1976, article 13). The Prison Rulesand Orders (1964) also provide for the administration ofcorporal punishment (article 54). There is no provision forcorporal punishment in the Correctional Services Act (2003)and the Correctional Services Code of Conduct Regulations(2005).Alternative care settings (lawful): The right to administer“reasonable punishment” in the Children and Young PersonsAct (see above) applies. The Boys Training Centre houses boysin need of care and protection, as well as those in conflict withthe law and the use of the cane is permitted (see above).Law reform under wayAs an OECS member state, St Lucia will have received the draft Bills ofthe Family Law Reform Project for consideration (see page 26). We donot know if prohibition of corporal punishment has been proposed in thecontext of reviewing these Bills.Human rights jurisprudence on corporalpunishmentTreaty body recommendations/observations: Committee on the Rightsof the Child (2005) 29UPR (2011): Government stated that corporal punishment is part of theculture: public awareness raising on the issue would continue togetherwith efforts to phase out its use in schools but recommendations to prohibit were rejected. 30Law Islam reform and corporal necessary punishment to in achieveprohibition alternative carein St LuciaRepeal of the right “to administerreasonable punishment” (in Children andYoung Persons Act); repeal of provisionsauthorising corporal punishment (inEducation Act, Statutory Rules and OrdersNo. 23, Prison Rules and Orders); explicitprohibition in the home, schools, penalinstitutions and alternative care settings.29 21 September 2005, CRC/C/15/Add.258, Concluding observations on initial report, paras. 9, 34 and 3530 12 November 2010, A/HRC/WG.6/10/LCA/1, National report, para. 121; 11 March 2011, A/HRC/17/6, Report of the Working Group, paras. 89(30), 89(81),89(82), 89(83) and 89(84); 1 June 2011, A/HRC/17/6/Add.1, Report of the Working Group: Addendumprogress report 2012 43