{"id":12446,"date":"2019-04-10T15:43:04","date_gmt":"2019-04-10T14:43:04","guid":{"rendered":"https:\/\/endcorporalpunishment.org\/?p=12446"},"modified":"2019-08-02T12:59:57","modified_gmt":"2019-08-02T11:59:57","slug":"zimbabwe-constitutional-court-outlaws-judicial-corporal-punishment","status":"publish","type":"post","link":"https:\/\/endcorporalpunishment.org\/zimbabwe-constitutional-court-outlaws-judicial-corporal-punishment\/","title":{"rendered":"Zimbabwe Constitutional Court outlaws judicial corporal punishment"},"content":{"rendered":"\n

On 3 April 2019, the Constitutional Court of Zimbabwe<\/a> ruled that, with immediate effect, no male juvenile convicted of any offence could be sentenced to receive corporal punishment. The prohibition was extended to apply to sentences of corporal punishment which had already been imposed but were awaiting execution. The decision confirmed a 2014 judgment by the Harare High Court<\/a> which had found judicial corporal punishment of juveniles to be unconstitutional. <\/p>\n\n\n\n

The Constitutional Court was asked to examine whether\nsection 353 of the Criminal Procedure and Evidence Act 1927 on the \u201ccorporal\npunishment of male juveniles\u201d was constitutionally invalid, specifically in\nlight of section 53 of the 2013 Constitution which guarantees the right to be\nprotected from physical or psychological torture or to cruel, inhuman or\ndegrading treatment or punishment, and section 51 on the right to human\ndignity.<\/p>\n\n\n\n

Drawing upon international and regional human rights law, the Court ruled that judicial corporal punishment was inherently degrading and highlighted that it had been abolished in many countries as \u201cbeing incompatible with the contemporary concepts of humanity, decency and fundamental fairness\u201d. The Court rejected arguments that an exception should be made for judicial corporal punishment of juveniles, made on the grounds that due to their young age corporal punishment would benefit children in a way that it would not benefit adults. The Court highlighted that children had inherent human dignity which should equally be respected and protected.<\/p>\n\n\n\n

The Court concluded that the \u201celimination of judicial\ncorporal punishment from the penal system is an immediate and unqualified\nobligation on the State\u201d, struck down article 353 of the Criminal Procedure and\nEvidence Act as unconstitutional and outlawed all judicial corporal punishment\nof juveniles.<\/p>\n\n\n\n

Although the decision effectively bans judicial corporal\npunishment in Zimbabwe, some legislation must still be repealed to confirm\nthis. Prior to this decision, corporal punishment of children was not fully\nprohibited in any setting in Zimbabwe. This ruling brings the number of states\nin which corporal punishment of children is not prohibited in any settings down\nto 17. <\/p>\n\n\n\n

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Further information<\/em><\/strong><\/p>\n\n\n\n