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THE CRISIS CENTRE PEACE CONFERENCE 2012

SHERATON NASSAU BEACH RESORT & CASINOCable Beach, The Bahamas

September 18- 21, 2012

“CORPORAL PUNISHMENT: A PAINFUL BLOW TO CHILDREN’S RIGHTS.”

Hazel Thompson –Ahye LL.M

Attorney-at-law, mediator and child rights advocate.

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CORPORAL PUNISHMENT : A PAINFUL BLOW TO CHILDREN’S RIGHTS It takes place in homes ,schools and in the justice system.

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Nelson Mandela:

“There can be no keener revelation of a society’s soul than the way it treats its children.”

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Hillary Clinton – “ It Takes A Village” (1995)2,000 children die from abuse annually;Near fatal abuse-8,000 children disabled p.a.141,700 infants, children, seriously injured or neglected in 1990;More children die from abuse and neglect than urban gang wars, AIDS, polio measles; 1,537 child fatalities in 2010;79.2 5% caused by parents.

N.B. CORPORAL PUNISHMENT IS NOT ILLEGAL IN THE US Advisory Board Statistics

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Preamble to CRC: Human rights standards

UN Charter –inherent dignity , equal and inalienable rights of members of human family; Universal Declaration of Human Rights-

childhood entitled special care and assistance;

Declaration of Rights of Child 1924, 1959 International Covenants on Civil and

Political Rights and Economic, Social and Cultural Rights –all speak to need to extend particular care to child –physical and mental immaturity.

1989 UN CONVENTION ON THE RIGHTS OF THE

CHILD (The CRC) and CORPORAL PUNISHMENT.

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IN HOME -Article 19 States to take- Legislative administrative, social, educational measures to protect child from all forms of physical or mental violence, injury or abuse while in care of parents, guardians, care givers..

CRC AND CORPORAL PUNISHMENT

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States must ensure school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the CRC.

CRC AND CORPORAL PUNISHMENT –In Schools - Article 28

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No child shallbe subjected totorture or other cruel, inhuman,or degrading treatment or punishment.

CRC AND CORPORAL PUNISHMENTIN JUVENILE JUSTICE -Article 37

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States must take measures to promote physical, psychological recovery, social reintegration of child victim of neglect, exploitation, abuse, torture, other form of cruel, inhuman or degrading treatment or punishment.

CRC AND CORPORAL PUNISHMENT-NEED FOR REHABILITATION –Article 39

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General Comment No 8 (2006)

“The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment.”

Purpose: To highlight state’s obligation and outline measures state must take to prohibit and eliminate corporal punishment.

UN CHILD RIGHTS COMMITTEE AND CORPORAL PUNISHMENT

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Child Rights Committee’s definition:

Corporal punishment is: Punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light.

DEFINITION: CORPORAL PUNISHMENT

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Prevalence of corporal punishment in homes, schools, other institutions-

more visible through reporting process under CRC, research, advocacy.

Corporal punishment- inconsistent with equal and inalienable rights of children to respect for their human dignity and physical integrity.

Nature of children demand their protection from violence.

COMMITTEE’S GENERAL COMMENT

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Human Rights Treaties, human rights bodies and regional human rights mechanisms have progressively condemned corporal punishment in the penal system, school and in the home.

They all agree on the need to amend laws to ensure compliance.

COMMITTEE GENERAL COMMENT

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Laws to protect children from cruelty make it an Offence but give a Defence of reasonable chastisement to parent, guardian, and, in most cases, teacher.

“Nothing in this section shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a child to administer reasonable punishment to such child.” T&T Children Act “Reasonable punishment in relation to any

person other than a parent or guardian shall not include corporal punishment.”

CORPORAL PUNISHMENT LAWS

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Bahamas Child Protection Act s.62 Makes it an offence for a person over 18 years who has custody, charge or care of child to assault or ill-treat child.

Section 4 © Law is subject to reservations, modifications to suit circumstances in Bahamas and due regard to its laws.

CORPORAL PUNISHMENT LAWS

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THE BAHAMASPENAL CODE s.120“A blow or other force ,not in any case extending to a wound or grievous harm, may be justified for the purpose of correction.”

CORPORAL PUNISHMENT LAWS

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THE BAHAMAS -PENAL CODE s.120WHO MAY INFLICT BLOWS? AND, ON WHOM?Parent, guardian, or one acting as such, on child under 16 years;Master -servant or apprentice under 16 years;One with delegated authority, including school master, person acting as such, unless authorityexpressly withheld.

CORPORAL PUNISHMENT LAWS

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THE BAHAMAS -PENAL CODE s.120When is correction not justified? s.110(6)If unreasonable in kind or degree –age, physical or mental condition on victim Who is excepted from corporal punishment?

Person of tender years or who is otherwise incapable of understanding the purpose for which punishment is inflicted.

CORPORAL PUNISHMENT LAWS

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SOME PROMISING SIGNS Express prohibition in laws: Residential Care Establishment Act, The Bahamas;

Child care and Protection Act, Jamaica;

Education Act (Early Childhood Centres) Dominica;

Education and Training Act,Belize

CORPORAL PUNISHMENT LAWS

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EXAMPLES FROM EUROPE

CROATIA SERBIA

CORPORAL PUNISHMENT LAWS

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ADVOCACY AND RESEARCH

JUSTICE Renate Winter of UN Special Court for Sierra Leone, President of International Association of Juvenile and Family Court Judges

Robin Karr- Morse – Ghosts from the Nursery, Tracing the Roots of Violence

MEASURES FOR ELIMINATION OF CORPORAL PUNISHMENT

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ADVOCACY AND RESEARCH

Murray Strauss- Beating the Devil Out of Them

Alice Miller-For You Own good, The Roots of Violence In Childrearing

Reports on Global Initiative to End Corporal Punishment of Children.

MEASURES FOR ELIMINATION OF CORPORAL PUNISHMENT

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GLIMMERS OF HOPEReligious enlightenmentImportant voices from civil society

Restorative Practices Movement

MEASURES FOR ELIMINATION OF CORPORAL PUNISHMENT

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Archbishop Emeritus Desmond Tutu “ If we really want a peaceful and

compassionate world, we need to build communities of trust where all children are respected, where home and school are safe places to be and where discipline is taught by example. May God give us grace to love our children as He loves them and may their trust in us lead them to trust in Him.”

THANK YOU FOR YOUR ATTENTION. PEACE AND LOVE TO ALL OF YOU.

Final words