Understanding current law on corporal punishment
The national Constitution and all other relevant laws and regulations should be reviewed in relation to:
- the home (parents and others with parental responsibility)
- alternative care settings (foster care, institutions, places of safety, emergency care, etc)
- day care, including early childhood care (nurseries, crèches, kindergartens, preschools, family centres, etc) and day care for older children (day centres, after-school childcare, childminding, etc)
- schools (state schools, religious schools, private schools, pre-school/primary/secondary education, full and part-time education)
- penal and other institutions (prisons, juvenile detention centres, approved schools, state or private health or mental health institutions etc)
- sentencing of children in conflict with the law under state, customary and religious law)
The Global Initiative has reviewed laws related to corporal punishment in every state and territory in the world. Our individual country reports identify national laws relevant to corporal punishment in the home and all other settings and describe what law reform is necessary in order to achieve prohibition. The reports are a key starting point for a more detailed review of the legislation. Click here for a detailed report of the law and corporal punishment in YOUR country. Other key resources include:
- Committee on the Rights of the Child General Comment No. 8 (2006) on "The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia)"
- The Global Initiative's Legal Reform Handbook (2009)
- The Global Initiative's summary briefing No. 2 "Reviewing current law"
- The Global Initiative's booklet "Learning from states which have prohibited" (2014)
See also Technical publications on law reform.