Previously, the Compulsory Education Ordinance 1921 had authorised the Administrator in Council to makes rules, regulations and orders to govern the conduct and maintenance of schools (art. 8) but it had not stated that this excluded the use of corporal punishment. Despite prohibition, have been reports that corporal punishment continues to be used in schools as evidence emerges of children’s exposure to violent treatment and punishment while in immigration detention. Penal institutions Corporal punishment is prohibited as a disciplinary measure in penal institutions in article 33 of the Correctional Service Act 2009: prisoner may be subjected, by way of punishment, to (a) “No – corporal punishment in any form; (b) the use of instruments of restraints….” Article 35 sets out the specific circumstances in which force may be used against a prisoner and does not include for purposes of discipline or punishment. However, evidence is emerging of children detained for purposes of immigration being subjected to a high level of assault. Sentence for crime Corporal punishment is unlawful as a sentence for crime. There is no provision for corporal punishment as a sentence for a child in the Child Protection and Welfare Act 2016 or in the Crimes Act 2016, though it is not explicitly prohibited. Universal Periodic Review of Nauru’s human rights record Nauru was examined in the first cycle of the Universal Periodic Review in 2011 (session 10). No recommendations were made specifically concerning corporal punishment of children. However, the following recommendations were made and were accepted by the Government: its efforts aimed at promoting and protecting the rights of children (Brazil); “Continue the support from the international community, draft legislative bills on domestic “With violence and on child abuse (Maldives); its laws prohibiting physical abuse of children, including sexual exploitation “Strengthen (United States of America); its efforts to fight sexual abuse of children within the framework of adopting a “Strengthen programme for the promotion of the rights of the child (Spain)” Review in the second cycle took place in 2015 (session 23). No recommendations were made specifically concerning corporal punishment of children. However, the Government accepted recommendations to harmonise legislation with international treaties, including the Convention on the Rights of the Child. Recommendations by human rights treaty bodies Committee on the Rights of the (28 October 2016, CRC/C/NRU/CO/1, Concluding observations on combined initial report, paras. 34 and 35)
Previously, the Compulsory Education Ordinance 1921 had authorised the Administrator in Council to makes rules, regulations and orders to govern the conduct and maintenance of schools (art. 8) but it had not stated that this excluded the use of corporal punishment. Despite prohibition, have been reports that corporal punishment continues to be used in schools as evidence emerges of children’s exposure to violent treatment and punishment while in immigration detention. Penal institutions Corporal punishment is prohibited as a disciplinary measure in penal institutions in article 33 of the Correctional Service Act 2009: “No prisoner may be subjected, by way of punishment, to – (a) corporal punishment in any form; (b) the use of instruments of restraints….” Article 35 sets out the specific circumstances in which force may be used against a prisoner and does not include for purposes of discipline or punishment. However, evidence is emerging of children detained for purposes of immigration being subjected to a high level of assault. Sentence for crime Corporal punishment is unlawful as a sentence for crime. There is no provision for corporal punishment as a sentence for a child in the Child Protection and Welfare Act 2016 or in the Crimes Act 2016, though it is not explicitly prohibited. Universal Periodic Review of Nauru’s human rights record Nauru was examined in the first cycle of the Universal Periodic Review in 2011 (session 10). No recommendations were made specifically concerning corporal punishment of children. However, the following recommendations were made and were accepted by the Government: “Continue its efforts aimed at promoting and protecting the rights of children (Brazil); “With the support from the international community, draft legislative bills on domestic violence and on child abuse (Maldives); “Strengthen its laws prohibiting physical abuse of children, including sexual exploitation (United States of America); “Strengthen its efforts to fight sexual abuse of children within the framework of adopting a programme for the promotion of the rights of the child (Spain)” Review in the second cycle took place in 2015 (session 23). No recommendations were made specifically concerning corporal punishment of children. However, the Government accepted recommendations to harmonise legislation with international treaties, including the Convention on the Rights of the Child. Recommendations by human rights treaty bodies Committee on the Rights of the (28 October 2016, CRC/C/NRU/CO/1, Concluding observations on combined initial report, paras. 34 and 35)
Nauru.docx