“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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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.
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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 Rightschildhood 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.

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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..

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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.
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No child shall
be subjected to
torture or other
cruel, inhuman,
or degrading
treatment or
punishment.

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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.
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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.
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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.
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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.

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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.
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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.”
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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.
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 THE
BAHAMAS
 PENAL 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.”
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THE BAHAMAS -PENAL CODE s.120
WHO 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 authority
expressly withheld.

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THE BAHAMAS -PENAL CODE s.120
When 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.

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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

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
EXAMPLES FROM EUROPE
CROATIA
 SERBIA

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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
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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.
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 GLIMMERS
OF HOPE
 Religious enlightenment
 Important voices from civil
society
 Restorative Practices
Movement
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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.
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