Corporal punishment of children in Tuvalu LAST UPDATED September 2018 Also available online at population 4,000 (UNICEF, 2015) Summary of necessary legal reform to achieve full prohibition Prohibition is still to be achieved in the home, alternative care settings, day care, schools, penal institutions and as a sentence for crime. Article 226 of the Penal Code 1965 confirms right of any parent, teacher, or other person, having “the the lawful control of a child or young person to administer reasonable punishment to him”, reflecting the near universal acceptance of corporal punishment in childrearing. This provision should be repealed, together with provisions for in the Constitution 1978, so that there is clarity in “discipline” law that no corporal punishment of children, however light, can be considered “reasonable”. Prohibition should be enacted of all corporal punishment, in all settings and by all adults with authority over children. Alternative care settings Prohibition should be enacted of all corporal punishment in all alternative – care settings (foster care, institutions, places of safety, emergency care, etc). Day care Corporal punishment should be prohibited in all early childhood care (nurseries, crèches, – kindergartens, preschools, family centres, etc) and all day care for older children (day centres, school childcare, childminding, etc). Schools Article 29 of the Education Act 1976 should be repealed and explicit prohibition enacted – applies to all education settings, public and private. Penal institutions Prohibition of corporal punishment as a disciplinary measure in penal institutions – should be enacted in relation to all institutions accommodating children in conflict with the law. Sentence for crime Article 8 of the Island Courts Act 1965 should be repealed. – Current legality of corporal punishment Home Corporal punishment is lawful in the home. The maintenance of family discipline is one of the principles of the Constitution 1978 (principle 4): the values that the people of Tuvalu seek “Amongst to maintain are their traditional forms of communities, the strength and support of the family and family discipline.” Article 17(2) of the Constitution provides for a person under 18 to be detained “in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a
Corporal punishment of children in Tuvalu LAST UPDATED September 2018 Also available online at population 4,000 (UNICEF, 2015) Summary of necessary legal reform to achieve full prohibition Prohibition is still to be achieved in the home, alternative care settings, day care, schools, penal institutions and as a sentence for crime. Article 226 of the Penal Code 1965 confirms “the right of any parent, teacher, or other person, having the lawful control of a child or young person to administer reasonable punishment to him”, reflecting the near universal acceptance of corporal punishment in childrearing. This provision should be repealed, together with provisions for “discipline” in the Constitution 1978, so that there is clarity in law that no corporal punishment of children, however light, can be considered “reasonable”. Prohibition should be enacted of all corporal punishment, in all settings and by all adults with authority over children. Alternative care settings – Prohibition should be enacted of all corporal punishment in all alternative care settings (foster care, institutions, places of safety, emergency care, etc). Day care – Corporal punishment should be prohibited in all early childhood care (nurseries, crèches, kindergartens, preschools, family centres, etc) and all day care for older children (day centres, childcare, childminding, etc). Schools – Article 29 of the Education Act 1976 should be repealed and explicit prohibition enacted applies to all education settings, public and private. Penal institutions – Prohibition of corporal punishment as a disciplinary measure in penal institutions should be enacted in relation to all institutions accommodating children in conflict with the law. Sentence for crime – Article 8 of the Island Courts Act 1965 should be repealed. Current legality of corporal punishment Home Corporal punishment is lawful in the home. The maintenance of family discipline is one of the principles of the Constitution 1978 (principle 4): “Amongst the values that the people of Tuvalu seek to maintain are their traditional forms of communities, the strength and support of the family and family discipline.” Article 17(2) of the Constitution provides for a person under 18 to be detained “in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a school
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