Summary of law reform necessary to achieve full prohibition

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

We have been unable to establish whether or not a “right” to administer “moderate correction” or similar provision is confirmed in legislation, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. Explicit prohibition should be enacted of all forms of corporal punishment by parents and carers, however light.

Explicit prohibition of corporal punishment should also be enacted in relation to all education settings, including public and private, full and part time, to all institutions accommodating children in conflict with the law, and to all alternative care settings, including public and private day care, residential care, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have limited protection from violence and abuse under the Criminal Code (in force 2008).

Schools

Corporal punishment is lawful in schools. We have no details of applicable legislation.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sanction for crime under the Criminal Code (articles 40-41m), which allows for only a fine or a warning for persons under the age of 18 years.

There is no explicit prohibition of corporal punishment as a disciplinary measure in correctional institutions. Detention of children and young people is regulated by the National Custodial Institutions Ordinance (Official Bulletin 2005 no. 75), but we have been unable to establish whether or not it explicitly prohibits corporal punishment as a disciplinary measure. A Draft Revised Criminal Code which aimed to revise juvenile criminal law was due to be submitted to the government by January 2008, but we have no details of its provisions or of progress made.

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. As at 2008, the government was introducing legislation on quality standards for childcare centres.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that corporal punishment in the home is not prohibited in Aruba, and that it is still being used at schools, day-care centres and at home in the Netherlands Antilles.

“The Committee recommends that the State party prohibit corporal punishment by law and enforce the prohibition in all settings, including in the family, the schools and out of home placements. It also recommends that the State party conduct awareness-raising campaigns and parenting education programmes to ensure that alternative forms of discipline are used, in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, while taking due account of the General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8).”
(30 January 2009, CRC/C/NLD/CO/3 Unedited Version, Concluding observations on the third report of the Netherlands, paras. 36 and 37)

“...The Committee is also concerned that there is no legal prohibition on corporal punishment in the family.

“The Committee recommends that the State party:
d) explicitly prohibit corporal punishment in law throughout the State party and carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment.”
(26 February 2004, CRC/C/15/Add.227, Concluding observations on initial report of Aruba and second report of Netherlands, paras.43 and 44)