Summary of law reform necessary to achieve full prohibition

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

We have been unable to establish whether or not legislation confirms a “right” of parents to inflict corporal punishment on their children, but laws against violence and abuse are not interpreted as prohibiting all corporal punishment. The near universal acceptance of corporal punishment in childrearing necessitates a clear statement in law that all forms of corporal punishment and other cruel and degrading treatment are unacceptable, however light, whatever the relationship between the child and adult, and whatever the setting.

Explicit prohibition should be enacted of judicial corporal punishment of children, including under Shari’a law, 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 is lawful in the home. Children have limited protection from violence under the Penal Code (1976). A new law on child protection is under discussion (December 2009), but we have no details of its provisions in relation to corporal punishment.

Schools

Corporal punishment is prohibited in schools under the Code of School Discipline, promulgated by the Ministry of Education in Ordinance No. 549/168-1/1992.

Penal system

We have been unable to establish the legality of corporal punishment as a sentence for crime or as a disciplinary measure in penal institutions. Under article 32 of the Penal Code, young persons under the age of 15 can be subject only to the measures in the Juveniles Act (1976), which do not include corporal punishment (article 6). Article 70 of the Penal Code states that being aged 15-18 years is a mitigating circumstance warranting adjusted sentences. We have been unable to ascertain whether these include corporal punishment or whether children are subject to the sentence of corporal punishment under Shari’a law. The Constitution states that Shari’a is “a principal source for legislation” (article 2). It prohibits “undignified treatment” (article 19).

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes information … that the Bahrain Institute for Science has been commissioned to undertake a national study on child abuse. Nevertheless, it is concerned that there is insufficient awareness of the ill-treatment of children within the family, as well as domestic violence and its impact on children.

“The Committee recommends that the State party:

1. ensure that the study is comprehensive, assesses the nature and extent of ill-treatment and abuse of children, as well as domestic violence, and that it is used to design policies and programmes to address this issue;
2. take legislative measures to prohibit all forms of violence, including corporal punishment and sexual abuse of children in the family, schools and in other institutions;
3. 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…”

(7 February 2002, CRC/C/15/Add.175, Concluding observations on initial report, paras. 37 and 38)