Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, the penal system and alternative care settings.

The “right” of parents, teachers and others with lawful control of a child “to administer reasonable punishment” is confirmed in section 5 of the Juvenile Act. The near universal social acceptance of corporal punishment in childrearing necessitates clarity in law that no level of corporal punishment can be considered “reasonable” or acceptable. This provision should be repealed, and explicit prohibition enacted of all corporal punishment and other cruel or degrading forms of punishment, in the home and all other settings where adults have authority over children.

Section 32 of the Education Act should be repealed, and explicit prohibition enacted in legislation applicable to all educational settings, public and private.

Provisions in the Corporal Punishment Act, the Prison Act, the Training Schools Act and the Juvenile Act allowing corporal punishment in the penal system should be repealed, and explicit prohibition enacted of corporal punishment as a sentence of the courts for juvenile offenders and in relation to disciplinary measures in all institutions accommodating children in conflict with the law.

Explicit prohibition should also be enacted in legislation applicable to all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment of children is lawful in the home. Section 5 of the Juvenile Act (1951) deals with cruelty and states: “(6) 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 reasonable punishment to him.”

Children have limited protection from abuse and neglect under the Childcare and Protection Act (2003, in force 2004), the Offences Against the Person Act (1873, amended 1986), and the Domestic Violence (Summary Proceedings) Act (1999).

As at February 2009, the Organisation of Eastern Caribbean States (OECS, of which Antigua and Barbuda  is a member) has drafted a “model” Children (Care and Adoption) Bill (2007) which is under consideration by the attorney-general. The Bill protects children from “abuse” but does not prohibit corporal punishment. It defines parental responsibility with reference to the duties, authority, rights and obligations “which by any law in force in [Antigua and Barbuda], the parent of a child has in relation to that child” (article 2).

Schools

Corporal punishment is lawful in schools under the Education Act (1973), which allows its administration by a principal, deputy or delegated person.  Section 32 (1) states that “degrading and injurious punishment shall not be administered” but section 32 (2) allows for corporal punishment “as a last resort”. Section 5 of the Juvenile Act (see above) also applies.

Penal system

Corporal punishment is lawful as a sentence for crime under sections 3 and 5 of the Corporal Punishment Act (1949, amended 1967), which allows for males under the age of 18 to be sentenced to whipping up to 12 strokes. The manner of execution of the punishment is regulated by sections 10, 11 and 12 of the Act. Provisions allowing whipping of a child in the Magistrate Code of Procedure (1961) were repealed by the Magistrate’s Code of Procedure (Amendment) Act (2004). As at February 2009, a Child Justice Bill (2007) has been drafted by the OECS, for consideration by the attorney general, which does not include corporal punishment among permitted sentences, though it does not explicitly prohibit it.

Corporal punishment is lawful as a disciplinary measure in penal institutions. The Corporal Punishment Act provides for flogging for breaches of prison discipline (section 4), and the Prison Act (1956) allows up to 12 strokes for persons below the age of 21 years (section 11). Young people convicted of an offence may be sent to a training school. The Training Schools Act (1891) allows for enforcement of regulations “by fine, whipping, imprisonment or other punishment” (section 5). Section 5 of the Juvenile Act (see above) also applies. The draft Child Justice Bill does not prohibit corporal punishment in institutions accommodating children in conflict with the law.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. Section 5 of the Juvenile Act (see above) applies. Corporal punishment is not prohibited in the OECS “model” Children (Care and Adoption) Bill. The Bill states that a person authorised to provide care for a child shall “correct and manage the behaviour of the child” (article 29(c)). It authorises the Minister to make regulations for “the management and discipline of an approved child care service” (article 140(2)(m)).

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is seriously concerned about the Corporal Punishment Act and the 1973 Education Act which provides for corporal punishment, which is in clear contravention of article 19 of the Convention. The Committee is concerned that corporal punishment is still widely practised in the family, in schools and in other institutions.

“The Committee recommends that the State party:

1. consider the immediate repeal of, or amendment to, the Corporal Punishment Act and the Education Act;
2. expressly prohibit corporal punishment by law in the family, schools and other institutions;
3. conduct awareness-raising campaigns to inform the public about the negative impact of corporal punishment on children and actively involve children and the media in the process; and
4. ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society.

“The Committee recommends that the State party take the necessary measures to prevent child abuse and neglect by, inter alia:
a) carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and alternative measures of disciplining children, addressing sociocultural barriers that inhibit victims from seeking assistance....”
(3 November 2004, CRC/C/15/Add.247, Concluding observations on initial report, paras.35, 36 and 48)