Summary of law reform necessary to achieve full prohibition

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

Article 7A of the Child Law confirms the “right to discipline” of parents and carers, and legal provisions against violence and abuse are not interpreted as prohibiting corporal punishment. This article should be repealed and explicit prohibition enacted of all corporal punishment of children by parents and others with parental authority.

Explicit prohibition should be enacted of corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law, including social welfare institutions, and in all alternative care settings, including public and private day care, residential care, foster care, etc, in addition to repeal of article 7A of the Child Law.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Article 7A of the Child Law (1996, as amended 2008) confirms parents/carers’ “right to discipline”. Provisions against violence and abuse in the Child Law, the Criminal Code (1937), the Civil Code (1991), the Islamic Penal Code (1996), the Islamic Penalties Act (1982), the Law on Protection of Children and Adolescents (2003) and the Constitution (1971) are not interpreted as prohibiting all corporal punishment of children.

Schools

Corporal punishment is prohibited in schools under article 21 of Law No. 210 on primary education (1952) and article 48 of Law No. 211 on secondary education (1953).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sentence for children between the ages of 7 and 15 years under the Children’s Code (article 101). Children between 15 and 18 years receive reduced penal sentences, and these do not include corporal punishment.

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 The provision for flogging prisoners in Law No. 396 (1956) was repealed by Law No. 152 (2002). Under article 42 of the Children’s Code any person arrested or detained “shall be treated in the manner concomitant with the preservation of his dignity” and “no physical or moral harm is to be inflicted upon him”. Article 40 of the Code of Criminal Procedure states that any person detained “shall be treated in a manner that preserves his human dignity, he should not be harmed physically or mentally”. However, we have been unable to ascertain the legality of corporal punishment in social welfare institutions, in which children below 16 years convicted of crime may be detained. The Human Rights Association for the Assistance of Prisoners has documented flogging of juveniles in social care institutions (Detention and Detainees in Egypt 2003: Sixth Annual Report on the Condition of Prisons and Detention Centres).

Alternative care

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

Prevalence research

According to statistics from UNICEF, 92% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 68% experienced physical punishment and psychological aggression, 22% experienced psychological aggression only and 2% experienced physical punishment only; 40% were hit on the face, head or ears, hit repeatedly or hit hard. Of girls and women aged 15-49, 50% think that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

As part of the World Studies of Abuse in the Family Environment (WorldSAFE) cross-national project, researchers looked at incidence rates for corporal punishment as self-reported by mothers covering the period of the previous 6 months. In Egypt, the most frequently reported forms of “severe physical punishment” were hitting the child with an object not on the buttocks (26%) and beating (25%); the most common forms of “moderate physical punishment” were shaking (59%), pinching (45%) and slapping the face or head (41%). (Reported in Krug, E. G. et al. (eds) (2002), World report on violence and health, Geneva: World Health Organization)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“In light of articles 19 and 39 of the Convention, the Committee is concerned at the incidence of ill-treatment of children in schools despite its prohibition, and within the family. It is further concerned that domestic violence is a problem in Egypt and that this has harmful consequences on children.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, the schools, and in care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children, and the promotion of positive, non-violent forms of discipline as an alternative to corporal punishment….”
(21 February 2001, CRC/C/15/Add.145, Concluding observations on second report, paras. 37 and 38)

Committee Against Torture

“The Committee welcomes the following:

1. the enactment of legislation banning flogging as a disciplinary penalty for prisoners….”
   

(23 December 2002, CAT/C/SR/29/4, Concluding observations on fourth report, para. 3 (a))

African Committee of Experts on the Rights and Welfare of the Child

“Corporal punishment. The Committee notes that there is some resistance to put[ting] an end [to] this practice and recommend[s] the State party to take the necessary measures to abolish the practice”
(November 2009, Concluding observations on initial report, recommendation 10)