To abolish or not? Society remains divided in corporal punishment debate – Govt. tells UN

Feb 03, 2020 News

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Government has informed the United Nations (UN) Human Rights Council that the abolition of corporal punishment remains an issue in which Guyanese remain “staunchly and equally divided.”
The assessment was by government submitted when the country’s human rights record came up for another revision by Council’s Universal Periodic Review (UPR) Working Group, during the last 12 days.
Government’s report is similar to its last review in 2015.
Government also reported that the Ministry of Education has introduced a policy which prohibits the use of corporal punishment as a disciplinary method in dealing with children in schools.
Additionally, the Ministry of Education utilizes the services of Welfare Officers and Guidance Counselors to work with the administration of various schools to ensure that they practice positive discipline.
Government further reported that sensitization sessions are also held with parents to present positive discipline as a more favourable approach to corporal punishment. Notwithstanding this, corporal punishment is sanctioned by Section 9 of the Criminal Law (Offences) Act 2010 and Section 7 of the Summary Jurisdiction (Offences) Act, which grant guardians and teachers the authority to administer reasonable and proper punishment to children.
Both Sections of the Acts read: “Nothing in this Act shall be construed to take away or affect the right of the guardian or teacher of any child to administer reasonable and proper punishment to the child.”
However, Article 19 of the UN Convention on the Rights of the Child, reads “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.
“Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.”
Although corporal punishment is not prohibited in private homes, it is prohibited in institutional residences1and juvenile correctional institutions.
In June, 2018, Guyana enacted the Juvenile Justice Act 2018 which prohibits all forms of corporal punishment of children in penal institutions and as a sentence for a crime.
Article 92 of the Act states:
(1)Any juvenile who breaches the rules of a facility may be disciplined on the instruction of the Principal of the facility in a way that is both reasonable and within the prescribed limits …
(2) The Minister, on the advice of the Juvenile Justice Committee, shall prescribe the limits for the disciplining of a juvenile housed in a facility.
(3) The following forms of discipline are prohibited – (a) corporal punishment or any other form of physical violence; (b) deprivation of food or drink; (c) treatment that is cruel, inhuman or degrading; (d) treatment that could reasonably be expected to be detrimental to the physical, psychological or emotional wellbeing of the juvenile; or (e) deprivation of access to educational instruction.”
During a briefing with reporters in 2016, President David Granger said that he is all for the abolition of corporal punishment in Guyana. Against this backdrop, he believes that the biblical quote, “Spare the rod and spoil the child” is “backward.”
President Granger had said that there was a time when people confirmed faithfully to that guidance.
“There was a time when (corporal punishment) was typical. People thought, spare the rod and spoil the child, but I think that is ancient and backward.”
The President said that a caring parent should use non physical means to uphold discipline within the home.
According to him, non-physical forms of discipline will foster psychological health. The President said that the child will learn to handle conflicts responsibly.
“When he or she goes to school they will already know how to reconcile with other children and when he or she gets married that child will already know how to solve conflict.” President Granger had also said that a child who is taught to solve a conflict by violent means will continue that cycle.
“We need to remove all forms of corporal punishment from the school and in the home. Maybe 50 years, 100 years ago it might have been typical, but the days of going into a class room or a home and seeing the wild cane have passed. Intelligent, educated parents must use different means which do not involve the application of force.”

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