Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home, and corporal punishment in childrearing is traditionally accepted. Children have limited protection from violence under the Civil and Criminal Procedure Codes and the Penal Code.

At a meeting of the South Asia Forum in July 2006, following on from the regional consultation in 2005 of the UN Secretary General’s Study on Violence against Children, the government made a commitment to prohibition in all settings, including the home.

Schools

According to the second state party report to the UN Committee on the Rights of the Child (2007), corporal punishment is not permitted in schools by virtue of the Teacher and Student’s Code of conduct (1997), but there appears to be no explicit prohibition in law.

Penal system

We have been unable to ascertain the legal status of corporal punishment as a sentence for crime. Under the General Law (Thrimzhung Chhenpo), any form of torture is prohibited (section MA 1-7) and persons below the age of 18 years may be given half the sentences applicable to adults for criminal offences (section PA-14), but we have no information on whether these include corporal punishment.

There is no prohibition of corporal punishment as a disciplinary measure in penal institutions, and children at the juvenile rehabilitation centre have reportedly experienced mild to severe corporal punishment. Laws concerning minors in conflict with the law include the Prison Act (1982) and the Police Act (1980).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare, and children in residential institutions have reportedly experienced mild to severe corporal punishment.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

"The Committee, while noting that the State party is undertaking measures to promote alternative forms of disciplining, is concerned that corporal punishment has yet to be prohibited at home, in schools and in alternative care settings, including monasteries. The Committee is concerned that corporal punishment is still practiced.

"The Committee recommends that the State party:

1. adopt legislation as soon as possible, explicitly prohibiting all forms of corporal punishment of children in all settings, including the home;
2. take all measures to ensure the enforcement of the law, conduct capacity building of professionals working with children, carry out awareness raising and public education campaigns against corporal punishment and promote non-violent, participatory methods of child-rearing and education, while taking into account the Committee's general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."

(3 October 2008, CRC/C/BTN/CO/2 Unedited Version, Concluding observations on second report, paras. 38 and 38)

“Noting the respect for children in Bhutan, the Committee is concerned that there is insufficient information and awareness of the ill-treatment of children in schools and within the family.

“The Committee recommends that the State party:

1. conduct a study to assess the nature and extent of ill-treatment of children, and design policies and programmes to address it;
2. take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in 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;
4. establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary;
5. prosecute instances of ill-treatment, ensuring that the abused child is not victimised in legal proceedings;
6. train teachers, law enforcement officials, care workers, judges and health professionals in the identification, reporting and management of ill-treatment cases; and
7. seek assistance from, among others, UNICEF and WHO.”

(9 July 2001, CRC/C/15/Add.157, Concluding observations on initial report, paras. 40 and 41 (a, b, c, d, e, f and g))