Prohibition of Corporal Punishment: International and Regional Laws

PROHIBITION OF CORPORAL PUNISHMENT: INTERNATIONAL AND REGIONAL LAWS

African Charter on the Rights and Welfare of the Child, 1990 Article 16: Protection Against Child Abuse and Torture 1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child. Convention on the Rights of the Child, 1989 Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. General Comment 13(2011), The right of the child to freedom from all forms of violence Paragraph 22 Physical violence: This includes fatal and non-fatal physical violence. The Committee is of the opinion that physical violence includes: (a) All corporal punishment and all other forms of torture, cruel, inhuman or degrading treatment or punishment; and (b) Physical bullying and hazing by adults and by other children.

Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

COUNTRY PROHIBITION OF CORPORAL PUNISHMENT UNDER LAWS OF AFRICAN COUNTRIES

Algeria Prohibited in schools and as a sentence for a crime No prohibition in the family no explicit prohibition as a disciplinary measure Penal Code, 1966 Article 269: anyone who willfully injures or door blows a minor under fifteen years or willfully deprives him of food or care as to endanger the health or committed willfully against him any violence or assault, , is punishable by imprisonment for one to five years and a fine from 500 to 5000 AD. Education Act, 2008 Article 21: Corporal punishment, emotional abuse and all forms of bullying are prohibited in schools. Violator of this section is subject to administrative sanctions, without prejudice to criminal prosecution. Criminal Procedure Code, 1966 Article 444:In matters of crime or offense, the minor under eighteen years of age may be subjected to one or more of the following Measures of protection or reeducation 1. Given to her parents, guardian as, a trustworthy person 2. Application of the regime monitors freedom 3. Placement in an institution or a public or private institution of education or vocational training empowered to this effect 4. Placement in a medical institution or medical-pedagogical empowers 5. Care placement of public service support assistance 6. Placement in a boarding that is authorized to receive minor offenders of school age

However, a minor over thirteen years can also be a determined to attend workshop for a duration that cannot exceed the age of Civil majority Article 445. Exceptionally, in the respect of children over the age of thirteen years, and where considered necessary in the circumstances of delinquent personality the Court may replace or supplement the Measures provided for in Article 444 by a fine or imprisonment provided under Article 50 of the Penal Code

Angola Prohibited only as a sentence for a crime Constitution, 2010 Article 36 (freedom and personal security) 1. Everyone shall have the right to physical freedom and individual security. 2. No-one may be deprived of their freedom, except in cases prescribed by the Constitution and the law. 3. The right to physical freedom and individual security shall also involve: a) The right not to be subjected to any form of violence by public or private entities; b) The right not to be tortured or treated or punished in a cruel, inhumane or degrading manner c) The right to fully enjoy physical and mental integrity; d) The right to protection and control over one’s own body; e) The right not to be submitted to medical or scientific experiments without prior informed and duly justified consent. Article 60 (Ban on torture and degrading treatment) No-one shall be subjected to torture, forced labour or cruel, degrading or inhuman treatment. Article 80 (Childhood) 1. Children shall have to right to receive special attention from the family, society and the state which, by working closely together, must ensure that they are fully protected against all forms of neglect, discrimination, oppression, exploitation and abuse of authority, within the family and in other institutions.

Concluding Observation to the Consolidated Second to Fourth Combined Periodic Report on the Convention on the Rights of the Child: Angola, 2010 While the Committee notes that corporal punishment is unlawful as a sentence for a crime, it is concerned that corporal punishment remains lawful in the home and that there is no explicit prohibition of corporal punishment in schools, in alternative care settings and as a disciplinary measure in penal institutions.

Benin Prohibited only as a sentence for a crime no explicit prohibition as a disciplinary measure Constitution, 1990 Article 18 No one shall be submitted to torture, nor to maltreatment, nor to cruel, inhumane or degrading treatment. No one shall have the right to prevent a detainee or an accused person from being examined by a doctor of his choice. No one may be detained in a penal institution if he does not fall under the provisions of a penal law in force. No one may be detained for duration greater than forty-eight hours except by a decision of the magistrate before whom he must have been presented. This delay may be prolonged only in circumstances exceptionally provided for by law and may not exceed a period greater than eight days. Concluding Observation to the Second Periodic Report on the Convention on the Rights of the Child: Benin, 2006, The Committee notes with particular concern that corporal punishment is lawful in the home and institutions. Although measures are being taken to address this issue in the context of disciplinary measures in schools, the Committee is concerned that corporal punishment in schools is not prohibited by law and that corporal punishment is widespread throughout society as a method of discipline, due to the generally tolerant attitude towards this practice.

Botswana Permitted in the family, at school and as a sentence for crime Constitution of Botswana,1966 Article 7 (1): No person shall be subjected to torture or to inhuman or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

lawful in the country immediately before the coming into operation of this Constitution. Children’s Act, 2009 Article 27 (4): Subject to subsections (1) to (3), every parent shall have the duties, in respect of his or her child to – (h) respect the child’s dignity and refrain from administering discipline which violates such dignity or adversely affects the physical, emotional or psychological well-being of the child or any other child living in the household; (5) Subsection (4) (h) shall not be construed as prohibiting the corporal punishment of a child in such circumstances or manner as may be set out in this Act, the Penal Code or any other law. Education Act, 1967 Section 29: Regulations (1) The Minister may, by statutory instrument, make regulations prescribing any matter or thing which under this Act is to be or may be prescribed and generally for the better carrying out of the objects and purposes of this Act. (2) Such regulations may prescribe- (r) the conditions for the administration of corporal punishment; Penal Code, 1964 Section 28. Corporal punishment ( 1) Subject to the provisions of subsection (4), no person shall be sentenced to undergo corporal punishment for any offence unless such punishment is specifically authorized by this Code or any other law. (2) A sentence of corporal punishment shall be inflicted once only. The sentence shall specify the number of strokes, which shall not exceed 12, nor, in the case of a person under the age of 18 years, six. ( 3) No sentence of corporal punishment shall be passed upon any of the following persons- ( a) females; ( b) males sentenced to death; (c) Males whom the court considers to be more than 40 years of age.

(4) Where any male person under the age of 40 is convicted of any offence punishable with imprisonment, other than an offence listed in the Second Schedule to the Criminal Procedure and Evidence Act, a court may, in its discretion but subject to the provisions of section 27(1), order him to undergo corporal punishment in addition to or in substitution for such imprisonment. ( 5) Where it is provided that any person shall be liable to undergo corporal punishment such punishment shall, if awarded, be inflicted in accordance

Burkina Faso Prohibited in primary schools, as a disciplinary measure and as sentence for crime No Prohibition in the family Constitution, 2000 Article 2: The protection of life, safety, and physical integrity are guaranteed. Slavery, slave practices, inhuman and cruel, degrading and humiliating treatment, physical and moral torture, mistreatment inflicted upon children and all forms of deprecation of man are forbidden and punished by law Act on the Education Policy, 2008 Article 47: Any form of violence is prohibited in the areas of education under penalty in accordance with the texts in force Decree on the Organization of Primary Education, 2008 Article 66: ―Corporal punishment is expressly prohibited in schools under penalty of disciplinary action, without prejudice to criminal penalties in accordance with applicable laws.‖ Penal Code, 1966 Article 1: No offense can be punished and no sentence imposed if they are not legally established. The Code does not provide for corporal punishment as a form of sentence Law Related to Juveniles and Children in Danger, 1961 The Law does not provide for corporal punishment as a form of sentence

Burundi Prohibited as a sentence for crime No prohibition at school and the family No explicit prohibition of corporal punishment as a disciplinary measure Constitution, 2005 Article 25: Every woman, every man has the right to freedom of person, including the physical and mental integrity and freedom of movement. No one shall be subjected to torture or to cruel, inhuman or degrading treatment. Article 44: Every child has the right to special measures to ensure or improve the care necessary for his welfare, his health and his physical safety and for protection against ill-treatment, abuse or exploitation. Penal Code, 2009 Article 30: Protection, education and monitoring measures that can be pronounced against a minor are: - Warning; - The reminder of the law; - Providing parents, guardian or person of trust; - Educational assistance; - Placement in a social institution, school or other educational institution authorized. At the same time he utters a sentence other than the main easement criminal, the judge hearing the case can put the benefit of a minor educational assistance or order placement in a foster family or an institution authorized to be determined. The presiding judge may at any time, either ex officio or at the request Public Ministry, parents or legal guardians, or on report Social Worker, modify or terminate protective measures, monitoring or education taken against the minor. Concluding Observations to the Second Periodic Report on the Convention on the Rights of the Child: Burundi, 2010 The Committee is concerned that corporal punishment continues to be practiced in some schools and that domestic legislation does not explicitly prohibit corporal punishment in the home, schools, and alternative care settings and as a disciplinary measure in penal institutions.

Cameroon Prohibited in schools, as a disciplinary measure and as sentence for crime Constitution, 1996 Preamble: every person has a right to life, to physical and moral integrity and to humane treatment in all circumstances. Under no circumstances shall any person be subjected to torture, to cruel, inhumane or degrading treatment; Law on the Education Policy, 1998 Article 35: The physical and moral integrity of students is guaranteed in the education system. therefore: beatings and other forms of violence, discrimination of any kind, sale, distribution and consumption of alcoholic beverages, tobacco and drugs is prohibited Penal Code, 1965 and Criminal Procedure Code, 2005 Corporal punishment is not a type of sentence envisaged under the laws

Cape Verde Prohibited in all settings except at the home Civil Code, 1997 Article 128 (Right not to suffer moral or corporal mistreatment) 1. The right not to suffer physical or moral maltreatment, lack of care, lack of affection or mental cruelty that hinder the bodily integrity and compromise their physical, intellectual, moral or emotional development. 2. For purposes of the preceding paragraph, it is forbidden to use corporal punishment, degrading, humiliating or stigmatizing in schools or any other public and private institutions.

Central Prohibited only as a sentence for crime African No explicit prohibition as a disciplinary measure Republic Constitution, 1996 Article 18: No one may be subjected to cruelty, degrading or humiliating treatment, or torture. Penal Code, 2010 and Penal Procedure Code, 2010

The Codes does not provide for corporal punishment as a form of sentence Penal Code, 2010 Section 74: Whoever willfully injures or strikes a child below the age of 15 years or who have deliberately deprived of food or care to the point of compromising his health, shall be punished imprisonment of one to five years and a fine of 100,002 to 600,000 francs. If the result of injury, beating or deprivation of food or care, illness or incapacity of more than twenty days, or if there was premeditation or ambush, the penalty is three to ten years in prison and 400,000 to 1,000,000 francs fine. If the culprits are the father or mother legitimate, natural or adoptive or other legitimate ascendants, or any other person having authority over the child or having custody, penalties will be those made in the previous paragraph, if there had or disease, or incapacity of more than twenty days or premeditation or ambush and those of hard labor otherwise. If injury, beating or deprivation of food or care were followed dismemberment or loss of use of a limb, amputation, blindness, loss of an eye or other permanent disability, or they have caused death without intention to kill, the penalty shall be hard labor, and if the culprits are the persons designated in the preceding paragraph, that of penal servitude for life. If injury, beating or deprivation of food usually practiced led to the death without intention to kill, the perpetrators will be punished by death. If the blows and wounds have been during fights, too, spousal abuse, the offender shall be punished with imprisonment of three to six years and a fine of 1,000,000 to 2,000. 000 francs. Article 118: The subjection of a person to torture, cruel, inhuman and degrading or acts of barbarity is punished by hard labor. Article 119: The offense defined in the preceding article shall be punished with penal servitude for life if committed: 1. On a minor under eighteen years of age; 2. A person whose particular vulnerability, due to age, illness, infirmity, a physical or mental disability or to pregnancy, is apparent or known to the perpetrator; 3. On a natural or legitimate ascendant or the adoptive father or mother; Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Imperial Order No. 78/034 (1978) covers the physical and moral protection of young persons in residential educational institutions or boarding schools, but does not prohibit corporal punishment

Chad Prohibited in School and as a sentence for crime No explicit prohibition of corporal punishment as a disciplinary measure Constitution,1996 Article 17: The human person is sacred and inviolable. Each individual has the right to life, personal integrity, security, freedom, the protection of private life and possessions. Article 18: No one may be subjected to cruelty, degrading or humiliating treatment, or torture. Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is considered unlawful in schools, under Law No. 016/PR/06 on the education system, though it is not explicitly prohibited. Article 113 states: ―The right to physical and moral integrity of pupils and students is guaranteed. As such, the following are prohibited: - physical abuse or any other form of violence or humiliation….‖ Corporal punishment is unlawful as a sentence for crime under Act No. 07/PR/1999 concerning criminal procedures for children aged 13-18 years and Act No. 04/PR/1998 on the organisation of the judiciary. Concluding Observation to the 2nd periodic report on the Convention on the Rights of the child: Chad, 2009 The Committee also notes with concern that corporal punishment remains lawful in the home, in alternative care centers and as a disciplinary measure in penal institutions.

Comoros Prohibited only as a sentence for crime No explicit prohibition of corporal punishment as a disciplinary measure Family Code, 2005 Article 106 - The father and mother enjoy the parental authority (wilayat). They have the right to admonish their children excluding abuse and torture. They remain responsible for the harmful consequences and ill-treatment of their children. They are legally responsible for the actions caused by their minor children. Penal Code, 1982

Article 297: Whoever willfully injures or strikes a child below the age of fifteen, or who have deliberately deprived of food or care, to the point of compromise or to be committed against any violence or assault, with the exception of minor violence, shall be punished by imprisonment for one to five years and a fine of 15 000 to 200 000 Swiss francs. Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment as a sentence for crime is unlawful: there is no provision for judicial corporal punishment in the Penal Code and the Child Protection Code. There is no explicit prohibition of corporal punishment in schools.

Congo Prohibited in all settings(home, school, sentencing and disciplinary measure) Brazzaville Child Protection Code, 2010 Article 53: It is forbidden to resort to corporal punishment for disciplining or correcting the child.

Cote d’Ivoire Prohibited as a sentence for crime and as a disciplinary measure Constitution, 2000 Article 3: slavery, forced labour, inhuman and cruel, degrading and humiliating treatment physical or moral torture physical violence and mutilation and all forms of debasement of the human being are forbidden and punished by the law. Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is unlawful as a sentence for crime. It is not a permitted sanction under the Penal Code. The Code of Criminal Procedure prohibits cruel, inhuman or degrading treatment or punishment. In 2009, the Minister of Education signed a Ministerial Order stating that corporal punishment should not be used by teachers in public or private schools, but there is no prohibition in law.

Democratic Prohibited in schools and as a sentence for crime Republic of Permitted in the family Congo Child Protection Code, 2009 Article 34 (para.2): all forms of torture, moral or physical, including forced fasting, beatings, the forced administration of certain substances for reasons of religious practices for healing is banned. Family Code, 1987 Article 326: The parents or the person exercising parental authority are responsible for the direction of the minor child. They can make use of the rights of parental authority in the interest of the child. He who exercises parental authority is required to maintain the child and provide for their needs and their education in the best of its ability. He has the right and duty to determine the residence of the child, monitoring his actions and relationships, set his burial and enforce his memory. It may impose on the child reprimands and punishments to the extent consistent with its age and the improvement of his conduct. Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is unlawful in schools under Ministerial decision No. MINEPSP/CABMIN/00100940/90 of 1 September 1990 setting forth internal regulations for students, which does not include corporal punishment among permitted penalties. Corporal punishment was prohibited as a sentence for crime in 1960. It is not among permitted sanctions in the Decree on juvenile delinquency (1950) and the Criminal Code

Djibouti Prohibited in school and as a sentence for crime No explicit prohibition as a disciplinary measure Penal Code, 2002 Article 32: a minor guilty of offenses is subject to measures of protection, assistance, monitoring and education

conditions determined by a special law. This law also determines the conditions under which sentences may be imposed on minors over the age of thirteen. The custodial sentences for these minors may not exceed half of those incurred by the major. A minor within the meaning of this code is a person under eighteen years. Article 324: Subjecting a person to torture or acts of barbarity is punished by fifteen years' imprisonment. Article 325: The offense under Section 324 is punishable by twenty years in prison if the crime is committed: 1 on a minor under fifteen years of age; 4. by the spouse or partner of the victim; 5. by an official or public officer in the exercise or during the exercise of its functions; 6 ° by several persons acting as perpetrators, instigators or accomplices; Article 330: customary violence, on a minor under fifteen years of age or a person whose particular vulnerability, due to age, illness, a disability, a physical or mental disability or to pregnancy, is apparent or known to the perpetrator shall be punished by imprisonment to life when they have caused the death of the victim without intention to kill. Concluding Observations to the second periodic report on the Convention on the Rights of the Child: Djibouti, 2008, While the Committee takes note of the State party’s indication that corporal punishment has been forbidden in schools and that the Educational Plan of Action 2006-2008 lauds the implementation of measures prohibiting corporal punishment the Committee is concerned that children are still subjected to corporal punishment, particularly in the home.

Egypt Prohibited as a sentence for a crime and as a disciplinary measure Permitted in the family Child Act, 2008 Article 7a: With due consideration to the duties and rights of the person who is responsible for the care of the child, and his right to discipline him through legitimate means, it is prohibited to intentionally expose the child to any illegitimate physical abuse or harmful practice. Article 101(36): The verdict for a child who has not reached fifteen (15) years of age, in case he commits a crime shall include one of the following interventions,: 1 - Reproach/censure 2 - Delivery to parents, guardians, or custodians 3 - Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

Training and rehabilitation 4 - Committing to certain obligations 5 - Judicial probation 6 - Community service activities not harmful to the child’s health or mental state. The By-laws shall determine the nature of this work and restrictions thereof. 7 - Placement in one of the specialized hospitals 8 - Placement in one of the social care institutions with the exception of confiscation, closing stores, and returning the place to its original state, the child shall not be subjected to any other penalty or intervention stated in any other law. Article 102: Reproach is a reprimand and censure addressed to the child by the Court for an act committed by him, and a warning against the recurrence of such behavior. Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html A ministerial directive of 17 November 1998 states that corporal punishment should not be used in schools but there appears to be no explicit prohibition of corporal punishment in law. Corporal punishment is unlawful as a disciplinary measure in prisons. The provision for flogging prisoners in Law No. 396 1956 was repealed by Law No. 152 2002.

Equatorial Prohibited as a sentence for crime Guinea Permitted in the family No explicit prohibition as a disciplinary measure and in school Civil Code, 1889 Article 154: Dependent children are under the authority of their father and mother. Parental authority shall always be exercised for the benefit of the children, according to their personality, and includes the following duties and powers: Ensure them, keep company, feed them, educate them and provide them with a comprehensive training. Article 268: the minor must respect and obey the tutor. Tutors may, in the exercise of his office, seek the help of authority. The tutor may also correct the child reasonably and moderately. Concluding Observations to the Initial State Party Report on the Convention on the Rights of the Child: Equatorial Guinea, 2004

The Committee recommends that the State party: (a) Expressly prohibit corporal punishment by law in the family, schools and other institutions; Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is unlawful as a sentence for crime under the Spanish Penal Code, which is in force in Equatorial Guinea.

Eritrea Permitted in the family and as a sentence for crime Not prohibited in school and as a disciplinary measure Constitution, 1997 Article 16: (1). The dignity of all persons shall be inviolable. 2. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 3. No person shall be held in slavery or servitude nor shall any person be required to perform forced labour not authorized by law.

Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is lawful in the home. Eritrea’s criminal law is based on the 1957 Penal Code of Ethiopia, amended by Proclamation No. 4/1991 and known as the Transitional Penal Code of Eritrea. Penal Code, 1957 Article 172 — Corporal Punishment. (1) Where a young offender is contumacious the Court may, if it considers corporal punishment is likely to secure his reform, order corporal punishment. Corporal punishment shall he inflicted only with a cane and the number of strokes shall not exceed twelve to be administered on the buttocks. Only young offenders in good health shall he subjected to corporal punishment. (2) The Court shall determine the degree of punishment taking into account the age, development, physical resistance

and the good or bad nature of the young offender, as well as the gravity of the offence committed. Article 64 — Acts required or authorized by law Acts required or authorized by law do not constitute an offence and are not punishable in particular: (a) Acts in respect of public. State or military duties done within the limits permitted by law; (b) Acts reasonably done in exercising die right of correction or discipline; (c) Acts done in the exercise of private rights recognized by law, where the conditions and limits of the exercise of inch rights are not exceeded. Article 548 — Maltreatment of Minors. (1) Whosoever, having the custody or charge of an infant or a young person under fifteen years of age, deliberately neglects, ill-treats, over-tasks or beats him in such a way as to affect or endanger gravely physical or mental development or his health, is punishable with simple imprisonment for not less than one month. The Court may in addition deprive the offender of his family rights. (2) The right to administer lawful and reasonable chastisement is not subject to this provision (Art. 64). (attempt to verify Government statements that it is prohibited under Proclamation No. 4/1991 does not succeed)

Ethiopia Prohibited in school as a sentence for a crime and as a disciplinary measure Permitted in the family Constitution, 1995 Article 36: Rights of Children Every child has the right: e. To be free of corporal punishment or cruel and inhumane treatment in schools and other institutions responsible for the care of children.

Article 18: Prohibition against Inhuman Treatment 1. Everyone has the right to protection against cruel, inhuman or degrading treatment or punishment. 2. No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited. Criminal Code, 2004 Article 576: Maltreatment of Minors. (1) Whoever, having the custody or charge of a minor, ill-treats, neglects, over tasks or beats him for any reason or in any manner, is punishable with simple imprisonment not exceeding three months. (2) Where the crime causes grave injury to the health, well-being, education or physical or psychological development of the minor, the punishment shall be, in addition to the deprivation of family rights of the criminal, simple imprisonment for not less than one year. (3) The taking, by parents or other persons having similar responsibilities, of a disciplinary measure that does not contravene the law, for purposes of proper upbringing, is not subject to this provision (Art. 68). Article 68: Acts Required or Authorized by Law. Acts required or authorized by law do not constitute a crime and are not punishable; in particular: (a) acts in respect of public, State or military duties done within the limits permitted by law; (b) acts reasonably done in exercising the right of correction or discipline

Gabon Prohibited in school as a sentence for a crime and as a disciplinary measure Penal Code, 1963 Does not provide corporal punishment as a sentence for crime Law on Orientation of Education, Training and Research, 2011 ―Prohibited in schools and universities: Punishment or abuse and other forms of violence or humiliation….‖ Concluding Observation to the Initial State Party Report on the Convention on the Rights of the Child: Gabon,

2002 The Committee recommends that the State party: (i) Implement the ban on corporal punishment in schools and train teachers in the use of alternative measures of discipline;

Gambia Prohibited as a sentence for crime No explicit prohibition as a disciplinary measure Permitted in the family and in schools Child Code, 2005 Section 2: Child abuse means contravention of the rights of the child which causes physical or mental harm to the child Section 19: No child shall; be subjected to any social and cultural practices that affect the welfare, dignity, normal growth and development of the child and in particular, those customs and practices that are a) prejudicial to the health and life of the child and b) discriminatory to the child on the grounds of sex or other status Section 22 (1): parents have the primary responsibility for the upbringing and development of their child and have the duty to c) Ensure that domestic discipline is administered with humanity and in a manner consistent with the inherent dignity of the child. Section 212(3): article 212): ―(3) While in detention, a child shall be given care, protection and all necessary individual assistance, including social, educational, vocational, psychological, medical and physical assistance, that he or she may require having regard to his or her age, sex and personality Section 220(9): a court shall not make an order subjecting a child to corporal punishment Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html

Corporal punishment is lawful in schools. Article 15 of the Education Regulations of Education Act Cap. 46 of the revised laws of Gambia (1990) states: ―Firm discipline shall be maintained and enforced in all schools, but all degrading and injurious punishments are prohibited, and no child shall receive corporal punishment of any form save as is hereinafter in this regulation provided.‖ Under paragraphs 2-4 of article 15, corporal punishment should be administered only by the head teacher or an assistant teacher in the presence of the head teacher, to female pupils only in exceptional circumstances and then only by a female teacher, and logged in a designated book. The effect of the new Children’s Act (see above) on corporal punishment in schools is yet to be ascertained. Concluding Observation to the Initial State Party Report on the Convention on the Rights of the Child: Gambia, 2001 The Committee expresses grave concern that corporal punishment is still practiced and accepted in schools, families, and care and juvenile detention institutions, and as a punishment in the penal system. The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment as a penal sanction within the juvenile justice system, in schools and care institutions, as well as in families.

Ghana Prohibited as a sentence for crime and as a disciplinary measure Permitted in the family and schools Constitution of the Fourth Republic of Ghana, 1992 Article 15: Article 15 (1): The dignity of all persons shall be inviolable. (2) No person shall, whether or not he is arrested, restricted or detained, be subjected to— (a) torture or other cruel, inhuman or degrading treatment or punishment; (b) Any other condition that detracts or is likely to detract from his dignity and worth as a human being. (3) A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons. Child Act, 1998

Section 6(2): every child has the right to life, dignity, respect, leisure, liberty, health, education and shelter from his parents 3) every parent has rights and responsibilities whether imposed by law or otherwise towards his child which include the duty to a) protect the child from neglect discrimination, violence abuse exposure to physical and moral hazards and oppression Section 14: Right to Refuse Betrothal and Marriage no person shall subject a child to torture or other cruel, inhuman or degrading treatment or punishment including any cultural practice which dehumanizes or is injurious to the physical and mental well-being of a child 2) No correction of a child is justifiable which is unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable if the child by reason of tender age or otherwise is incapable of understanding the purpose of the correction. Juvenile Justice Act, 2003 Section 29: methods of dealing with Juvenile Offender 1) a court that deals with a juvenile offender may a) discharge the offender conditionally or unconditionally b) discharge the offender after the juvenile has given an undertaking c) release the offender on probation as provided for in section 31 in addition to or by exercising any of the powers specified in paragraphs d,g and h of this subsection d) commit the offender to the care of a relative or other fit person e) send the offender to a correctional centre established under Part III of this act f) subject to section 30, order the offender to pay a fine, damages or costs; g)order the parent, guardian or close relative of the offender to give security for the good behavior of the offender h) order the parent, guardian or close relative of the offender to give security for the good behavior of the offender; or

i) deal with the case in any other lawful manner the court considers just. 2) The ability of the juvenile offender, parent, guardian or close relative to pay the fine, damages or costs shall be taken into consideration by the court before the order is made Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html Corporal punishment is lawful in schools. Pursuant to the Education Act 1961, the Ghana Education Code of Discipline for second cycle school provides for caning up to six strokes by a head teacher or person authorized by the head.

Guinea Prohibited as a sentence for crime No explicit prohibition as a disciplinary measure Constitution, 2010 Article 19: Youth must be particularly protected by the state and communities against exploitation and neglect, sexual abuse, child trafficking and human trafficking Child Act, 2008 Article 403: Any person guilty of physical and psychological abuse, deprivation of care or food, against children within the domestic sphere, educational, institution or otherwise, shall be punished by imprisonment of one to 2 years and a fine of 100,000 to 250,000 Guinean francs or one of these two penalties. Penal Code, 1988 and Child Code, 2008 The laws do not provide for corporal punishment as a sentence for crime Global Initiative to the End of Corporal Punishment http://www.endcorporalpunishment.org/pages/frame.html No explicit prohibition as a disciplinary measure

Guinea-Bissau Prohibited in school as a sentence for a crime and as a disciplinary measure Constitution, 1996 Article 32

1. Every person shall have the right to life and to physical and mental wellbeing. 2. No person may be submitted to penalties involving cruel, inhuman, or degrading treatment. 3. No one may be submitted to torture as a punishment or to cruel, inhuman, or degrading treatment. Concluding Observation to the Initial State Party Report on the Convention on the Rights of the Child: Guinea Bissau, 2002 The Committee also welcomes (c) The prohibition, under law, of corporal punishment in the family and schools and other contexts Penal Code Does not provide corporal punishment as a form of punishment

Kenya Prohibited in all settings(home, school, sentence for crime and disciplinary measure)

Constitution, 2010 Article 53(1,d): right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour; Article 29: Every person has the right to freedom and security of the person, which includes the right not to be—(e) subjected to corporal punishment Child Act, 2001 Article 191(1): No child offender shall be subjected to corporal punishment. Article 17(6,a):corporal punishment shall not be used as a disciplinary measure on children accommodated in an institution –

Lesotho Prohibited as sentence for a crime Permitted in the family No explicit prohibition as a disciplinary measure Children's Protection and Welfare Act, 2011 Section 15 (1): A child shall have the right to be protected from torture or other cruel, inhumane or degrading treatment or punishment including any cultural practice which dehumanizes or is injurious to the physical, psychological, emotional and mental well-being of a child. (2) A child shall be chastised in accordance with his/her age, physical, psychological, emotional and mental condition and no discipline is justifiable if by reason of tender age or otherwise the child is incapable of understanding the purpose of the discipline.

Section 131 Diversion: (5) Corporal punishment and public humiliation shall not be elements of diversion. Section 161 (1) Prohibition of certain forms of punishment (2) No sentence of corporal punishment or any form of punishment that is cruel, inhumane or degrading may be imposed on a child Section 22 State duties and responsibilities The state has a duty to formulate policies which will ensure (h) protection of a child from all forms of maltreatment by parents or others responsible for the care of the child and establish appropriate social programmes for the prevention of abuse and the treatment of the victims; (k) that primary education is free and compulsory, all forms of secondary education are accessible, higher education is available on the basis of capacity and that school discipline is consistent with a child's rights and dignity; Education Act, 1995

Silent on administration of corporal punishment

Liberia Prohibited as a sentence for a crime and as a disciplinary measure Permitted in the family and school Penal Code, 1973 Section 5.8: Use of force by persons with special responsibility for care, discipline, or safety of others. 1. Parent, guardian or teachers. The use of force upon or toward the person of another is justifiable if the actor is the parent, guardian, or other person responsible for the care and supervision of a minor under eighteen years old or teacher or other person responsible for the care and supervision of such a minor for a special purpose, or a person acting at the direction of any of the foregoing persons, if the force is used for the purpose of safeguarding or promoting his welfare including prevention and punishment of his misconduct, and the maintenance of proper discipline. The force used for these purposes must not be designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement or degradation. Children’s Act, 2011

Article IX section 3 The Ministry of Justice shall, with other relevant Ministries, develop and progressively implement a policy aiming at: 3.5. Corporal punishment, placement in a dark cell, closed or solitary confinement, or any other punishment that may compromise the physical or mental health or well-being of the child concerned are hereby prohibited Article III: 1.3. Without prejudice to the generality of subsection 2 of this section, every parent shall have an equal duty with a co parent to respect the child’s dignity and refrain from administering domestic discipline that violates such dignity or adversely affects the psychosocial or physical well being of any child living in the household

Libya Prohibited in schools and as a disciplinary measure The Great Green Charter of the Human Rights in the Jamahiriyan Era Principle 2: The Jamahiriyan society proscribes punishments which attack the dignity and the integrity of the human being, such as forced labour or long-term imprisonment. The Jamahiriyan society proscribes all attacks, physical or mental, on the person of the prisoner. Penal Code, 1953 Article 397: the penalty of imprisonment of not less than one year for the improper use of methods of discipline and child-rearing Article 398: due regard being had to the provisions of the previous article, who ever ill-treats a member of his family or a juvenile under the age of 14 years, or any other person subject to his authority or entrusted to him for instruction, cure or apprenticeship to a profession or art, shall be punished by a penalty of detention Global Initiative to end all Corporal Punishment of Children http://www.endcorporalpunishment.org Corporal punishment is prohibited in schools under the School Discipline Ordinance for Schools, the Regulations concerning Primary and Preparatory (Basic) Education, the Regulations concerning Secondary (Intermediate) Education (1979) and the Regulation concerning Student Discipline (1983).

Corporal punishment is lawful as a sentence for crime: there is no explicit prohibition of its imposition on child offenders. Article 2 of the Declaration on the Establishment of the Authority of the Peoples (1977) states that ―the Holy Quran is the Constitution of the Socialist People’s Libyan Arab Jamahiriya‖ and in the 1970s amendments to the Penal Code introduced hadd punishments into state legislation. Flogging and amputation may be ordered under Law No. 70 (1973) concerning sexual offences, Law No. 13 (amended 1995) concerning theft and armed robbery, Law No. 52 (1974) concerning sexual slander, and possibly the Law on Prohibition (1973) relating to alcohol consumption and the Law on Homicide (1973). The Government has stated its intention to repeal judicial corporal punishment in the context of reviewing the Penal Code (4 January 2011, A/HRC/16/15, Report of the Working Group of the UPR, para. 88). Concluding Observation to the 2nd State Party Report on the Convention on the Rights of the Child: Libya, 2003 The Committee welcomes the prohibition of corporal punishment in schools

Madagascar Prohibited in schools and as a sentence for a crime Permitted in the family No explicit prohibition as a disciplinary measure Act on the rights and protection of the child, 2007 Article 67: Abuse is defined as all forms of violence, injury or abuse, physical or moral, neglect or negligent treatment, maltreatment or exploitation, including sexual violence perpetrated on a child by his parents, representatives legal or any other person. Any sanctions taken against children within the family, schools, the communities that undermine its physical or moral integrity are similar to abuse. The abusers are punished by penalties in the Criminal Code following the infringement. Penal Code, 1972 Does not provide corporal punishment as a sentence for crime Global initiative report on corporal punishment 2009 http://www.endcorporalpunishment.org

Corporal punishment is unlawful in schools under Article 11 of Ministerial Decree No. 5246-96 MEN (1996).

Malawi Prohibited in schools, as a sentence for a crime and as a disciplinary measure Constitution, 1994 Section 19(1): The dignity of all persons shall be inviolable. 2. In any judicial proceedings or in any other proceedings before any organ of the state, and during the enforcement of a penalty, respect for human dignity shall be guaranteed. 3. No person shall be subject to torture of any kind or to cruel, inhuman or degrading treatment or punishment. 4. No person shall be subject to corporal punishment in connection with any judicial proceedings or in any other proceedings before any organ of the State. Child Justice Act, 2010 Section 3 responsibilities of parents b) has responsibilities whether imposed by law or otherwise towards the child which include the responsibility to protect the child from neglect, discrimination, violence, abuse, exploitation, oppression and exposure to physical, mental, social and moral hazards; Constitution, 1994 Section 23(4): Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to - a. be hazardous; b. interfere with their education; or c. be harmful to their health or to their physical, mental or spiritual or social development. 5. For purposes of this section, children shall be persons under sixteen years of age.

Mali Prohibited in all settings except at home

Constitution, 1991 Article 3: no one shall be put to torture, or to inhumane, cruel, degrading, or humiliating treatment. Code of Persons and the Family, 2011 Article 563: The parental authority belongs to the father and mother to protect the child's safety, health, the full development and morality. They have to respect the rights and duties of custody, supervision and education. Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org Corporal punishment is prohibited in schools, under internal regulations No. 94-4856/MEB-CAB of 8 April 1994 (fundamental schools), No. 94-4999/MEB/CAB (special education institutions) and No. 94-5000 of 15 April 1994 (kindergartens).

Mauritania Prohibited as a sentence for crime No explicit prohibition of corporal punishment as a disciplinary measure Ordinance on the Judicial Protection of the Child, 2005 Article 10: Subjecting a child to torture or barbaric acts is punishable by six years' imprisonment. Article 11: The offense defined in section 10 shall be punished by fifteen years' imprisonment if committed in the usual way on a child or has resulted in sequelae, disfigurement or permanent disability. And by life imprisonment where it causes the child's death without intention to kill. Penal Code, 1983 Article 7: The death, amputation, flogging, forced labor, the hard labor and confinement for life are punitive and degrading punishment Article. 285. - Any adult who causes injury or strikes, cut or any other violence and assault on an innocent, is punishable by "Ghissass" except in cases listed below: 1. If the victim and the perpetrator are not the same religion; 2. If the offender has received the grace of the victim, 3. If the injury is serious to the extent that might put the life of the victim in danger stabbed in the stomach (diarifa) or Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

when the brain is damaged (mamouma) or when they hit the brain (dhamigha) and finally, when damaged bone (mounakhila); 4. When the damaged body is lacking; 5. When the damaged organ becomes totally and permanently disabled and the Ghissass may remove; 6. If it is not possible to assess the proportional loss suffered by the blows or violence. In all cases listed above, the sentence of repairs will be pronounced except as provided in paragraph 6 of Article 287, the penalty is provided for in this Code. Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org School: The Ministry of Education has stated that corporal punishment should not be used (Decision No. 701 MEN/PR of 4 November 1968, article 17), but there is no explicit prohibition in law. There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. Decree No. 2003-1524 (2003) on the structural regulations of rehabilitation centres for children in conflict with the law contains provisions on the rights of the child but we have no further details.

Mauritius Prohibited in schools and as a sentence for crime No explicit prohibition of corporal punishment as a disciplinary measure Constitution, 1994 Article 7. Protection from inhuman treatment (1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in Mauritius on 11 March 1964. Domestic Violence Act, 2004 Section 3: ―domestic violence‖ includes any of the following acts committed by a person against his spouse, a child of his spouse or another person living under the same roof

Juvenile Justice Act, 1935 Section 15 Restrictions on punishment of juveniles (1) A juvenile under the age of 14 shall not be ordered to be imprisoned or sentenced to penal servitude for any offence, or be committed to prison in default of payment of a fine, damages or costs. (2) A young person shall not be sentenced to penal servitude for any offence. (3) A young person shall not be ordered to be imprisoned for any offence, or be committed to prison in default of payment of a fine, damages or costs, where he can be suitably dealt with in any other way, whether by recognizance to be of good behavior and to appear for sentence when called upon, by committal to a place of detention or industrial school, or otherwise. (4) A young person sentenced to imprisonment or committed to prison in default of payment of a fine, damages or costs, shall not, as far as is practicable, be allowed to associate with adult prisoners. Child Protection Act, 1995 Section 13 Ill-treatment (1) Any person who ill-treats a child or otherwise exposes a child to harm shall commit an offence. (2) For the purposes of this section, any person who in an advertisement exploits a child by using him in such a way as is likely to cause in him or in any child watching him reactions which are contrary to morality or detrimental to psychological development shall be deemed to expose a child to harm. Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org School: Corporal punishment is prohibited in schools in article 13(4) of the Education Regulations (1957). Sentence for crime and as a disciplinary measure: There is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. The treatment of detainees is governed by the Reform Institutions Act (1988) and associated regulations (the Prisons Regulations, the Rehabilitation Youth Centre Regulations and the Reforms Institutions Regulations). The Act states that ―no detainee shall be subject to punishment or privation of any kind‖, but article 12 allows the use of ―such force as is reasonably

necessary … to maintain discipline in the institution‖.

Morocco Prohibited as a sentence for crime and as a disciplinary measure Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org Home: Corporal punishment is lawful in the home. Provisions against violence and abuse in the Criminal Code (amended 2003 and 2006) and the Family Code (2004) are not interpreted as prohibiting corporal punishment of children. School: A Ministerial directive in 2000 stated that corporal punishment should not be used in schools, but there is no explicit prohibition in law. Sentence for crime and as a disciplinary measure: Corporal punishment is unlawful as a sentence for crime under the Code of Criminal Procedure (2002). Corporal punishment is unlawful as a disciplinary measure in penal institutions. It is not among the permitted disciplinary penalties in the Prisons Act No. 23-98, adopted in 1999.

Mozambique Prohibited as a sentence for crime and as a disciplinary measure Constitution, 2004 Article 121 (2): Children, in particular orphans and disabled and abandoned children, shall be protected by the family, by society and by the State against all forms of discrimination, ill treatment and the abusive use of authority within the family and in other institutions. Law for the Promotion and Protection of the Rights of the Child, 2008 Article 34(1): the child has the right to be respected by teachers so as to ensure the child’s human dignity Article 67 (1): The State shall take the necessary legislative and special administrative order to protect the child against any form of physical abuse or psychological abuse and treatment, negligence on the part of, parents, guardian, foster family, legal representative or third person. 2. In legislatives measures to be taken should provide for penalties against perpetrators of abuse, maltreatment or negligent treatment.

Concluding Observation to the second periodic report on the Convention on the Rights of the Child: Mozambique, 2009 The Committee is concerned that corporal punishment remains lawful in the home and schools and is often considered the only way to discipline children. The Committee is also concerned that the Child Rights Protection Law does not explicitly prohibit corporal punishment at home and in schools. The Committee is further concerned that in spite of internal regulations of the Ministry of Education prohibiting corporal punishment, it continues to be inflicted on children by teachers and parents throughout the State party.

Namibia Prohibited in school, as a sentence for a crime and as a disciplinary measure Ex Parte v Attorney-General The Supreme Court of Namibia In Re : Corporal punishment by organs of stateAs sentence for crime and as a disciplinary measure: corporal punishment upon adults, inflicted by an organ of the state in consequence of a sentence directed by a judicial or quasi- judicial authority in Namibia is indeed a form of "inhuman or degrading" punishment which is in conflict with Article 8(2) (b) of the Namibian Constitution. Juveniles also have an inherent dignity by virtue of their status as human beings and that dignity is also violated by corporal punishment inflicted in consequence of judicial or quasi-judicial authority. The infliction of all corporal punishment (in consequence of an order from a judicial or quasi-judicial authority) both in respect of adults as well as juveniles, constitutes degrading and inhuman punishment within the meaning of Article 8(2)(b) of the Namibian Constitution. In schools: any corporal punishment inflicted upon students at government schools pursuant to the provisions of the relevant Code issued by the Ministry of Education, Culture and Sport would be in conflict with Article 8(2)(b) of the Namibian Constitution.

Niger Prohibited only as a sentence for crime Constitution, 1999 Article 12: No person shall be subjected to torture, slavery, and cruelty or to cruel, inhuman or degrading treatment.

Ordinance on the establishment, composition, organization and powers of courts for minors, 1999 Article 33: If it is decided that the minor eighteen acted with discernment, the penalties shall be imposed as follows: - It has incurred the death penalty or imprisonment for life, he will be sentenced to ten to thirty years; - It has incurred criminal imprisonment of ten to thirty years, he will be sentenced to a term of two less than ten years;...Which he could be convicted if he had turned 18. However, the court may also after declaring the minor guilty a) exempt from punishment, if it appears that his rehabilitation is acquired, the damage is repaired and the disorder resulting from the infringement has ceased; b) adjourn the sentencing to a maximum of one year, if it appears that the reclassification is being acquired, the damage is being repaired and the result of the offense will cease; c) Compel the work of general interest, which will be organized by decree; d) Reprimand e) Order a measure of protection, which will be monitored by the juvenile court. Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org home and school: there is no law that prohibits corporal punishment at home and school There is no prohibition of corporal punishment as a disciplinary measure in penal institutions.

Nigeria Prohibited as a sentence for crime and as a disciplinary measure (under the Child Act ratified by 20 states) Permitted in the family and as a sentence Penal Code, 1990 Article 295: A blow or other force, not in any case extending to a wound or grievous harm, may be justified for the purpose of correction as follows- (1) a father or mother may correct his or her legitimate or illegitimate child, being under sixteen years of age, or any guardian or person acting as a guardian, his ward, being under sixteen years of age, for misconduct or disobedience to any lawful command; Child’s Right Act, 2003 Article 11 rights to dignity of the child: Every child is entitled to the dignity of his person and accordingly no child shall be subjected to physical, mental or emotional abuse, neglect or maltreatment, torture, inhuman or degrading treatment or punishment. Article 221(1): no child shall be ordered to be subjected to corporal punishment Criminal Procedure Act, 1990 Article 302(1)(b): when the child is a male, the court may, either in addition to or in lieu of any other punishment order the child to undergo corporal punishment, or to be sent to a Government establishment or an institution, or to both undergo corporal punishment and be sent to a Government establishment or an institution; Part 42: procedure on administration of corporal punishment

Rwanda Prohibited as a sentence for crime and as a disciplinary measure Permitted in the family and in alternative care Constitution, 1993 Article 15: Every person has the right to physical and mental integrity. No person shall be subjected to torture, physical

abuse or cruel, inhuman or degrading treatment Law Against Violence 2001 Article 20: No child should be subjected to torture, inhuman and degrading treatment. Article 22: Necessary administrative, legal measures and those concerning social welfare and education must be taken in order to reinforce protection of the child against any kind of violence, psychological or physical brutality, abandonment, neglect, mistreatment, or exploitation. The Minister having Social Affairs in his/her attributions takes necessary measures to assist and support children who are victims of violence as well as to ensure that the perpetrators of violence are followed up by the relevant authorities. Article 32: Any sadistic torture including disproportional punishment; ill-treatment; inhuman or degrading punishment inflicted on a child is sentenced to between four months and three years imprisonment and a fine of between fifty thousand and two hundred thousand francs. If the crimes referred to in the preceding paragraph cause disability to a child, the sentence shall be between three years' imprisonment and life imprisonment. If those crimes result in a child's death, the death sentence shall be applicable. Law related to the Rights and Protection of the Child, 2012 Article 3(2) violence and domestic mistreatment: excessive physical punishment, inhuman or degrading treatment, sexual violence,,, tortures, physical or mental violence, negligence, exploitation or negligent treatment of the child done by his or her parents, legal guardian or any other person who has his/her legal care Article 62: sentencing a child In pronouncing penalty against a child, the judge shall put forward decisions in form of alternative sentence to imprisonment such as deferred sentence, placement in re-education centre to ensure the child’s social welfare. The release on parole of the child is the rule while the full completion of the punishment is the exception.

Sao Tome & Prohibited in school and as sentence for crime Principe Constitution, 1975

Article 22: Right to personal integrity 1. The moral and physical integrity of the people is inviolable. 2. No one may be submitted to torture or to cruel, inhuman or degrading treatment or punishment. Penal Code, 2012 Article 152 [Mistreatment of a minor and subordinates and domestic violence 1. The parent or guardian of minor under 16 years of age or anyone who has it in his care or his guard or whoever takes the liability or director of education is punished with imprisonment up to 4 years old when, due to malice or selfishness: a) He inflicts physical abuse, treat cruelly or fail to provide care or assistance arising out of the duties imposed on them, or; b) use a minor in hazardous activities that is prohibited or is inhuman, or overload, physically or intellectually, to work excessively or inadequate environment so as to offend their health, or their intellectual development, or to expose him to grave danger. 4. If the facts mentioned in the previous result to c) A serious injury, the offender shall be punished with imprisonment for 1-5 years; d) in case of death of the offender the punishment shall be imprisonment from 2-8 years. Article 44 [Execution of imprisonment] 1. The execution of the prison sentence serves to protect society and the prevention of future crimes and should be oriented towards the social reintegration of prisoners, preparing them to lead a in a socially responsible way without committing crimes. 2. The execution of prison sentences is regulated by special legislation, in which the duties are fixed and the rights of prisoners. Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org School: Corporal punishment is reportedly unlawful in schools, but we have no details of applicable legislation.

Senegal Prohibited in Primary School, as a sentence for a crime and as a disciplinary measure

Permitted in the family Constitution, 2001 Article 7: Every individual has the right to life, to freedom, to security, the free development of his or her personality, to corporal integrity, and especially to protection against physical mutilation. Family Code, 1989 Article 285 Correction Whoever has the power of the father can inflict on the child reprimands and corrections consistent with the age of the child correction of his/her conduct. Decree on the Organization of Primary Education, 1979 Article14: - The only acceptable punishment in schools are: • reprimand • restraint after school under the supervision of a master in charge of the class or master service; • temporary exclusion from January to August days • permanent exclusion, Corporal punishment is prohibited. The Criminal Code (1965, 1999) and Criminal Procedure Code, 1965 There is no provision for it in the Criminal Code or the Criminal Procedure Code Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org Corporal punishment is considered unlawful as a disciplinary measure in penal institutions, but there is no explicit prohibition. Article 100 of Decree No. 2001 (relative to the procedure of implementation and adjustment of the sanctions), applicable to prisons, states that ―the personnel of the penal institutions can only employ force towards a prisoner in the case of violent resistance (by the inmate) or in the case of inertia to the orders given‖.

Seychelles Prohibited as sentence for crime

Permitted in the family at school and as a disciplinary measure Constitution, 1996 Article 16 Right to dignity Every person has a right to be treated with dignity worthy of a human being and not to be subjected to torture, cruel, inhuman or degrading treatment or punishment. Children Act, 1982 Section 70.(1) Cruelty to children Without prejudice to sections 162 (Desertion of children) or 163 (Neglecting to provide food etc. for children) of the Penal Code, a person who has the custody, charge or care of a child and who willfully- (a) assaults or ill-treats that child; or (b) neglects, abandons or exposes that child, in a manner likely to cause him unnecessary suffering, moral danger or injury to health (including injury to or loss of sight, hearing, limb or organ of the body and any mental derangement) is guilty of an offence. Section 7. (7) Nothing in this section affects the right of a parent, guardian, teacher or other person having the lawful control or charge of a child to administer proper punishment to him if that punishment does not contravene subsection (1). Section 95.(1) Methods of dealing with children Where a child charged with any offence is tried by any court, and the court is satisfied of his guilt, the court shall consider how, under this or any other written law, the case should be dealt with, charged with namely –offences - by making an order for his absolute or conditional discharge; by referring him to the Tribunal under Part VII; - by making a probation order under the Probation of Offenders Act; - by committing him to the care of a relative or other person; - subject to section 94(3), by committing him to a Juvenile Centre provided under Part IXfor training for a period not exceeding 3 year

- by ordering him to pay a fine, damages or costs; - by ordering his parent or guardian to pay a fine, damages or costs in terms of section96(1) or (4); - by ordering his parent or guardian to give security for his good behavior in terms ofsection 96(3) or (4); - subject to section 94(2), by sentencing him to imprisonment if he is a young person convicted of an offence punishable, in the case of an adult, with imprisonment; - by dealing with the case in any other manner in which it may be legally dealt with:

Sierra Leone Prohibited as sentence for a crime (The Corporal Punishment Act is repealed) Permitted in the family at school and as a disciplinary measure Child Right Act, 2007 Article 33 Protection from torture and degrading treatment 1. No person shall subject a child to torture or other cruel, inhuman or degrading treatment or punishment including any cultural practice which dehumanizes or is injurious to the physical and mental welfare of a child. 2. No correction of a child is justifiable which is unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable if the child by reason of tender age or otherwise is incapable of understanding the purpose of the correction. 3. The Corporal Punishment Act is repealed. Prevention of Cruelty to Children Act, 1926 Article 3Right of parent, etc., to administer punishment: Nothing in this Ordinance shall be construed to take away or affect the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to such child.

Somalia Prohibited as a sentence for a crime and as a disciplinary measure Permitted in the family Constitution, 2012

Article 10. Human Dignity (1) Human dignity is given by God to every human being, and this is the basis for all human rights. (2) Human dignity is inviolable and must be protected by all. (3) State power must not be exercised in a manner that violates human dignity. Article 15 (2): Every person has the right to personal security, which shall be safeguarded through the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment. Article 29(2): Every child has the right to be protected from mistreatment, neglect, abuse, or degradation. Constitution of the Republic of Somali Land, 2001 Article 24: The Right to Life, Security of the Person, Respect for Reputation and Crimes against Human Rights 1. Every person shall have the right to security of his person. Physical punishment and any other injury to the person is prohibited. Juvenile Justice Law, 2007 Article 12: Prohibition of Certain Punishments No child shall be subject to: a. Death penalty. b. Life imprisonment. c. Corporal punishment. d. Maximum punishment of the child shall not exceed 15 years (aggravated circumstances) Penal Code, 1962 Article 431: abuse of measures of correction or discipline Whoever abuses measures of correction or discipline to the detriment of a person subject to his authority, or entrusted to him for the purpose of education, instruction, treatment, supervision or custody, or for the exercise of a profession or Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

craft, shall be punished with imprisonment up to six months where the act results in the danger of a disease of body or mind. Article 432: ill treatment of children and members of the family Whoever, other than in the cases referred to in the preceding article, ill treats a member of the family or a person under the age of 14 years, or a person subject to his authority or entrusted to him for the purpose of education, instruction, treatment, supervision or custody or for the exercise of a profession or craft shall be punished with imprisonment from one to five years.

South Africa Prohibited in school, as a sentence for a crime and as a disciplinary measure Permitted in the family Constitution, 1996 Section 10 Human dignity Everyone has inherent dignity and the right to have their dignity respected and protected. Abolition of Corporal Punishment Act, 1997 - Abolition of corporal punishment 1. Any law which authorizes corporal punishment by a court of law, including a court of traditional leaders, is hereby repealed to the extent that it authorizes such punishment. South African Schools Act, 1996 Section 10 (1): No person may administer corporal punishment at a school to a learner. (2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which could be imposed for assault. Child Act, 2005 Section 7: best interest of the child standard

Whenever a provision of this Act requires the best interests of the child standard to be applied, the following factors must be taken in to consideration where relevant, namely I) the need to protect the child from any physical or psychological harm that may be caused by i. subjecting the child to maltreatment, abuse, neglect, exploitation or degradation or exposing the child to violence or exploitation or other harmful behavior or ii. exposing the child to maltreatment, abuse, degradation, ill treatment, violence or harmful behavior towards another person; m) any family violence involving the child or a family member of the child Concluding Observation to the 2nd periodic report on the Convention on the Rights of the Child: South Africa, 2000 corporal punishment is prohibited by law in schools, care institutions and the juvenile justice system, it remains concerned that corporal punishment is still permissible within families Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org Home: Corporal punishment is lawful in the home. Under common law, parents have the power ―to inflict moderate and reasonable chastisement on a child for misconduct provided that this was not done in a manner offensive to good morals or for objects other than correction and admonition‖ (R v Janke and Janke 1913 TPD 382). This power may be delegated to a person acting in the parent’s place, though not in the case of teachers.

South Sudan Prohibited in all settings(home, school, sentencing and disciplinary measure) The Transitional Constitution of the Republic of South Sudan, 2011 Article 17(1) (f): every child has the right to be free from corporal punishment and cruel and inhuman treatment by any person including parents, school administrations and other institutions. Child Act, 2008 Article 21: Right to Protection from Torture, Degrading Treatment and Corporal Punishment. Every child has the right to be protected from torture, cruel, inhuman or degrading treatment or punishment, and in

particular— (a) no child shall be sentenced to capital punishment or life imprisonment; (b) no child shall be subjected to corporal punishment by chiefs, police teachers, prison guards or any other person in any place or institution, including schools, prisons and reformatories; and (c) No child shall be subjected to a group punishment by chiefs, police, teachers, prison guards or any other person in any place or institution, including schools, prisons and reformatories. Article 36: Recognition of the Child Rights Enshrined in this Act. (n)duty of the government to ensure that corporal punishment in schools and institutions is prohibited; Article 57: Cruelty to Children (1) Whoever having the charge or care of a child of under eighteen years of age or being in a position of authority over him or her willfully ill treats or neglects him in such a way as to cause him unnecessary suffering, commits an offence and shall on conviction, be sentenced to imprisonment for a term not exceeding three years or with fine or with both. (2) In the event that the ill-treatment or neglect results in serious injury to the health of such a child, the offender shall be punished with imprisonment for a term not exceeding five years or with a fine or with both.

Sudan Prohibited as sentence for crime The Interim National Constitution of the Republic of the Sudan, 2005 Article 33 Sanctity from Torture: No person shall be subjected to torture or to cruel, inhuman or degrading treatment The Child Act, 2010 Article 5(2(k)): this Act ensures the protection of a male, or female Child, against all types and forms of violence, injury, inhuman treatment, or bodily, ethical or sexual abuse, or neglect or exploitation; Article 29(1)Prohibited sanctions at Schools:

No one of the following sanctions shall be inflicted on Children at schools :- (a) cruel penalties; (b) reprimand by expressions, which are degrading dignity; (c) deprival of attending the class, unless attendance of the pupil causes impediment to the progress of study; (d) Expulsion from the school during the progress of study. (2) The Ministry of Instruction and General Education shall specify such sanctions, as may be appropriate, for whoever contravenes the provisions of sub-section (1), under the regulations, to be made thereby in this respect. Article 77 Principles of passing sentences: The Court, upon passing sentences, shall give due regard to the following principles :- (a) that the measure is appropriate to the circumstances and needs of the Child, and the act he has committed; (b) it does not inflict restrictions upon the personal freedom of the Child, save after sufficient study; provided that such restrictions shall be limited to the lowest possible limit; (c) that the Child is not deprived of personal freedom, save where it is proved that he has committed an act involving the use of violence, or persistence, and there is no other appropriate measure; (d) the sentence of whipping is not inflicted on the Child; (e) death sentence is not inflicted on the Child; (f) that the Child interest is the purpose of the measures, to be inflicted thereon.

Swaziland Not prohibited The Constitution of the Kingdom of Swaziland Act, 2005 Article 18 (1) Protection from inhuman or degrading treatment: The dignity of every person is inviolable. (2) A person shall not be subjected to torture or to inhuman or degrading treatment or punishment.

Article 29(2) Right of the child: A child shall not be subjected to abuse or torture or other cruel inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction. Criminal Procedure and Evidence Act, 1938 Article 296: nature of punishments Providing sentence other than death sentence when extenuating circumstances have been found e) whipping Article 306: when any male person over the age of 18 year is liable to be sentenced to be whipped, such punishment may be inflicted in addition to, or in substitution for, any punishment to which he is otherwise liable, and the number of strokes to be inflicted, not exceeding fifteen shall subject to any statute, be in the discetion of the court 2) the court shall specify in the sentence the number of strokes which are to be given Article 308: no female and no male person over the age of 40 years shall be sentenced by any court whatever to the punishment of whipping Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org School: Corporal punishment is lawful under the Education Act (1982), the Education Rules (1977) and the provision for ―lawful and moderate chastisement‖ in the Constitution Corporal punishment is lawful as a disciplinary measure for males in penal institutions under the Prisons Act (1964), the provisions for ―lawful and moderate chastisement‖ in the Constitution (see above) and possibly the Reformatories Act (1921).

Tanzania Prohibited as a sentence for crime Permitted in the family and in schools No express prohibition as a disciplinary measure Law of Child Act, 2009 Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

Article 13(1): A person shall not subject a child to torture, or other cruel, inhuman punishment or degrading treatment including any cultural practice which dehumanizes or is injurious to the physical and mental well-being of a child. (2) No correction of a child is justifiable which is unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable if the child is by reason of tender age or otherwise incapable of understanding the purpose of the correction. (3) The term "degrading treatment" as used in this section means an act done to a child with the intention of humiliating or lowering his dignity. Article 14: A person, who contravenes any provision of this Part, commits an offence and shall on conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding six months or to both. Section 119 prohibition of custodial sentence and alternative punishments: A child shall not be sentenced to imprisonment (2) Where a child is convicted of any offence punishable with imprisonment, the court may, in addition or alternative to any other order which may be made under this Act- (a) discharge the child without making any order; (b) order the child to be repatriated at the expense of Government to his home or district of origin if it is within Tanzania; or (c) order the child to be handed over to the care of a fit person or institution named in the order, if the person or institution is willing to undertake such care. 120.-( I) Where a child is convicted of an offence which if committed by an adult would have been punishable by a custodial sentence, the court order that child be committed to custody at an approved school. Education Act, 1978 Section 60 (o): to prescribe the conditions of expulsion or exclusion from schools of pupils on the grounds of age,

discipline or health and to provide for and control the administration of corporal punishment in schools;

Zanzibar Prohibited in schools as sentence for crime and as disciplinary measure Child Act, 2011 Article 14 (1) Protection from torture and degrading treatment: No child shall be subjected to violence, torture, or other cruel, inhuman or degrading punishment or treatment or any cultural or traditional Practice which dehumanizes or is injurious to his physical and mental wellbeing. (1) Without prejudice to the provisions of subsection (1), parents may discipline their children in such a manner which shall not amount to injury to the child’s physical and mental well-being. Article 47(2): No child shall be subject to corporal punishment as a result of being found guilty of the commission of an offence, and no child shall be subject to the death penalty in respect of any offence for which such penalty may be imposed. Article 16 Penalty for contravention: Any person who contravenes the above commits an offence and shall on conviction be liable to a fine not less than one million shillings and not more than five million shillings or to imprisonment for a term not less than twelve months and not exceeding three years or to both such fine and imprisonment. Article 122: approved schools to accommodate children with behavioral problems. The Minister may make rules for the proper implementation of the purposes and provisions of this Part without prejudice to the generality of the foregoing, for providing for the following purposes: (d) the prohibition of all forms of corporal punishment and other cruel or degrading punishments; Global Initiative to End all Corporal Punishment http://www.endcorporalpunishment.org Schools: In Zanzibar, the Ministry of Education has adopted a policy against corporal punishment in schools, but it remains lawful under the 1982 Education Act. The Zanzibar Children’s Act does not explicitly prohibit corporal punishment in schools.

Togo Prohibited in all settings(home, school, sentencing and disciplinary measure) Child Code, 2007 Article 353: The state protects the child from all forms of violence including sexual abuse, physical or mental injury or abuse, abandonment or neglect, and ill treatment by parents or by any other person having control or custody over him‖ Article 357: Physical and psychological abuse, corporal punishment, deprivation of care or withholding of food are punished by the penalties provided [above]‖

Tunisia Prohibited in all settings(home, school, sentencing and disciplinary measure) Penal Code Amendment, 2010 Single article - the term "However, the beating of a child by persons having authority over him is not punishable referred to in Article 319 of the Criminal Code is repealed Penal Code, 2005 Article 319: …..The beating of a child by persons having authority over is not punishable. Children’s Code, 1995 Article 24: Habitual ill treatment means subjecting the child to torture, repeated violations of physical integrity, or detention, or the habit of starvation, or commits any act of brutality that will likely affect the emotional and psychological balance of the child.

Uganda Prohibited as a sentence for a crime and as a disciplinary measure Children’s Act,1995 Article 94 Orders of family and children court: A family and children court shall have the power to make any of the following orders where the charges have been admitted or proved against a child— 9. No child shall be subject to corporal punishment.

Penal Code Amendment Act, 2007 Article 1 Abolition of corporal punishment. (1) Corporal punishment is abolished and accordingly, all references to corporal punishment in the Penal Code Act in this Act referred to as the principal Act are repealed. Education Act, 2008 Section 5: (1) Government through its relevant agencies shall be responsible for— (l) management, monitoring, supervising and disciplining of staff and students; (2) The responsibilities of the parents and guardians shall include (e) participating in the promotion of discipline of their children;

Zambia Prohibited in school, as a sentence for a crime and as a disciplinary measure Permitted in the family Constitution, 1991 Article 15. [Protection from inhuman treatment] No person shall be subjected to torture, or to inhuman or degrading punishment or other like treatment Article 24. [Protection of young persons from exploitation] (2) All young person’s shall be protected against physical or mental ill-treatment, all forms of neglect, cruelty or exploitation. (4) In this Article "young person" means any person under the age of fifteen years. Juvenile Act, 1956 Article 46 (7) 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 juvenile to administer lawful punishment to him.

Education Act, 2011 Section 28 prohibition of corporal punishment or inhuman and degrading treatment A teacher, employee or other person at an educational institution shall not impose or administer corporal punishment or degrading or inhuman treatment on a learner or cause corporal punishment or degrading or inhuman treatment to be imposed or administered on a learner. (2) A teacher, employee or other person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. Constitution, 2012 (DRAFT) Article 55(5): Every child has a right (g) not to be subjected to corporal punishment or any other form of violence, or cruel and inhuman treatment, in the home, school and any institution responsible for the care of children.

Zimbabwe Permitted in the family, at school and as a sentence for crime Constitution, 2013 Section 4.38. Every child that is to say every boy and girl under the age of eighteen years has the right To be protected from economic and sexual exploitation, from child labour and from maltreatment, neglect or any form of abuse Section 4.9. every person has the inherent dignity in their private life and the right that dignity be respected and protected Section 4.10. No person may be subjected to physical or psychological torture or to cruel, inhuman and degrading treatment or punishment. Children’s Act, 1972 Section 20(3): shall be guilty of an office and liable to a sentence of moderate corporal punishment, not exceeding six strokes, in accordance with section 353 of the Criminal Procedure and Evidence Act [Chapter 9:07]. Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (September 2013). Please note that for all documents originally available in French and Portuguese the translation in this table is not the official translation

Criminal Procedure and Evidence Act Article 353 Corporal punishment of male juveniles: (1) Where a male person under the age of eighteen years is convicted of any offence the court which imposes sentence upon him may— (a) In lieu of any other punishment; or (b) In addition to a wholly suspended sentence of a fine or imprisonment; sentence him to receive moderate corporal punishment, not exceeding six strokes. (1) Subject to subsection (3), corporal punishment in terms of this section shall be inflicted in private. Criminal Code Codification and Reform Act ,2004 Article 241(2)(a): a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward; (b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student; and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element.

Reference ACPF (2012), Harmonisation of Children’s Laws in West and Central Africa: County Briefs ACPF (2012), Harmonisation of Children’s Laws in Eastern and Southern Africa: Country Briefs

ACPF (2012), Child Law Resources, Volume 2: Reporting Status of African States, available at http://www.africanchildinfo.net/clr/vol2 ACPF (2011), In the Best Interests of the Child: Harmonising Laws on Children in West and Central Africa available at http://www.africanchildinfo.net ACPF (2008), In the Best Interests of the Child: Harmonising Laws on Children in Eastern and Southern Africa, available at http://www.africanchildinfo.net Child Law Resources Volume I http://www.africanchildforum.org/site/index.php/resource-centre/child-law-resources-volume-i- international-and-regional-legal-instruments-on-children.html#.Uh2_-X89UW4 and Child Law Resources Volume II http://www.africanchildforum.org/site/index.php/resource-centre/child-law-resources-voluem-ii-english.html#.Uh3AOn89UW4