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Press Release - March 14, 2002
Corporal Punishment
The Commission reiterates its stance that corporal punishment is not a proper means of disciplining children as it breaches the Bill of Rights and also the Convention on the Rights of the Child to which Fiji has been a signatory and member since 1993.
Section 25(1) of the Constitution affords each citizen the freedom from torture if any kind, whether physical, mental or emotional and from cruel, inhumane, degrading or disproportionately severe treatment or punishment.
In addition Article 28 of the Convention on the Rights of The Child states that State parties (including Fiji) shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the Convention.
Article 19 states that State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
In light of the above domestic and International law, corporal punishment is not a proper means of instilling discipline in children as there are no reliable statistics to show that the imposition of corporal punishment has ever been a deterrent and the Commission's stance is that it is illegal, unnecessary and the time is long overdue for it to be phased out of practice.