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Foreign and Commonwealth Office

Answer

Mr. Dawson: To ask the Secretary of State for Foreign and Commonwealth Affairs whether corporal punishment of children has been prohibited by legislation in each of the UK overseas territories (a) as a sentence of the courts and as a form of punishment in penal institutions for young offenders, (b) in schools, including private schools, (c) in other institutions and forms of care and (d) by parents in the home. [208164] Mr. Alexander: [holding answer 17 January 2005]: Judicial corporal punishment has been abolished throughout the Overseas Territories. The position on corporal punishment in schools, other institutions and the home is as follows: Anguilla: Corporal punishment and hard labour in penal institutions have been abolished. Under the Education Act, corporal punishment is allowed in schools under controlled conditions. Corporal punishment of children in the home is allowed under common law. Bermuda: The Abolition of Capital and Corporal Punishment Act (1999) abolished the use of corporal punishment on young offenders. There is no prohibition on corporal punishment in schools. Corporal punishment may not be carried out on any child in care, be it in a Children's Home or foster care. There is no prohibition on corporal punishment in the home. British Indian Ocean Territory: Although there are no children or other juveniles in the Territory, under British Indian Ocean Territory law, corporal punishment is not permitted under any circumstances. British Virgin Islands: Corporal punishment (including that of young offenders) is not permitted in prisons. In schools, corporal punishment can be carried out by the principal, deputy principal or by one senior teacher appointed in writing. Corporal punishment of children is not allowed in other institutions or forms of care. Corporal punishment of children is allowed within the home. Cayman Islands: Corporal punishment (including that of young offenders) is not allowed by law in the prison system. Corporal punishment is allowed by law in all public and private schools in the Cayman Islands, only where no other punishment is considered suitable or effective by the principal, and may only be administered by the principal or any teacher appointed in writing by the principal for that purpose. An entry must be made in a punishment book kept in each school. The corporal punishment of children is allowed within the home. However, where there is excessive punishment of children, the parent(s) may be prosecuted for assault. Falkland Islands: Corporal punishment of all prisoners (including young offenders) in the prison system is prohibited by law. Corporal punishment is also prohibited by law in public sector schools. There is no prohibition on corporal punishment in private sector schools (of which there are none in the Territory), in other forms of care, or by carers. However, administratively, the Falkland Islands Government forbids corporal punishment of children in the forms of care it operates. There is no prohibition on corporal punishment in the home. Gibraltar: Corporal punishment is not administered in prison. In both public and private educational establishments, and other institutions which care for children and young people, corporal punishment is not permitted. Although corporal punishment in the home is not expressly forbidden by law, any such punishment must be proportionate, and there have been cases in which parents have been convicted for disproportionate punishment. Montserrat: Corporal punishment is not permitted for young offenders, or in schools or other institutions or forms of care for children. There are no laws to prohibit corporal punishment in the home. Pitcairn Islands: Corporal punishment of prisoners below the age of majority is not allowed by law within the mainstream prison system. Corporal punishment is not permitted in schools or other institutions or forms of care for children. Striking or using force against a child for the purpose of discipline or punishment is prohibited by law. St. Helena and Dependencies: Corporal punishment of young offenders is not allowed by law within the prison system. Corporal punishment of children is not permitted in schools, other institutions or forms of care, or in the home. Sovereign Base Areas (SBAs) of Akrotiri and Dhekelia in Cyprus: Corporal punishment in penal institutions for young offenders is prohibited. The applicable SBA legislation governing the education of non-service children does not prohibit corporal punishment in schools. However, the education of non-service children in the SBAs is carried out on behalf of the SBA Administration by the Republic of Cyprus, whose law does not permit corporal punishment. Although this law does not have any legal status in the SBAs, the teachers in such schools are likely to consider themselves bound to follow the Republican Law when working in the SBA, and would not use corporal punishment. The European Convention on Human Rights (ECHR) was only recently extended to the SBAs, and the Administration is currently auditing its laws to amend those which are incompatible with the ECHR. As part of this review, laws on education will be amended so that they are in line with those of the Republic of Cyprus: this law, once in place, will prohibit corporal punishment in schools in the SBAs. The law is expected to be enacted by May of this year. Corporal punishment in other institutions and forms of care is not expressly prohibited. This field of work is carried out on behalf of the SBA Administration by the Republic of Cyprus. At present Cyprus law. in common with existing legislation in the SBA, permits corporal punishment by those with custody of children. However, a new law under consideration in Cyprus would prohibit corporal punishment entirely. In practice, the authorities in Cyprus do not permit any form of corporal punishment to be imposed in institutions caring for children. Corporal punishment in the home is not expressly prohibited but is allowed to the extent of reasonable chastisement. Turks and Caicos Islands: Corporal punishment of juvenile prisoners is not allowed by law. Corporal punishment is permitted in schools, provided that it is not administered in a manner which is degrading or injurious. The same laws which apply to schools would also apply to other institutions. There are however no juvenile institutions other than schools in the Territory. Corporal punishment of children in the home is permitted, provided it does not go beyond reasonable chastisement. British Antarctic Territory; South Georgia and South Sandwich Islands: These Territories have no settled population.

Secondary information

Type

Written question

Reference

208164; 430 c858-60W

Session

2004-05

Subjects

Children Corporal punishment British overseas territories Parents Private education Punishment Pupils Schools Young offenders

Link

View this Written question on www.publications.parliament.uk