{"id":13877,"date":"2019-07-09T11:00:30","date_gmt":"2019-07-09T10:00:30","guid":{"rendered":"https:\/\/endcorporalpunishment.org\/?p=13877"},"modified":"2019-08-02T12:55:05","modified_gmt":"2019-08-02T11:55:05","slug":"namibia-prohibits-in-alternative-care","status":"publish","type":"post","link":"https:\/\/endcorporalpunishment.org\/namibia-prohibits-in-alternative-care\/","title":{"rendered":"Namibia prohibits corporal punishment in alternative care"},"content":{"rendered":"\n

The Global Initiative welcomes the entry into force of the Child Care and Protection Act 2015 in January 2019 by notice in the gazette. The Child Care and Protection Act 2015 replaces the Children\u2019s Act No. 33 1960, repealing the statutory right of parents to \u201cpunish and to exercise discipline\u201d and prohibiting corporal punishment of children in most settings outside the home.<\/p>\n\n\n\n

Article 228(3) of the Act states:<\/p>\n\n\n\n

A person may not administer corporal punishment to a child at any residential child care facility, place of care, shelter, early childhood development centre, a school, whether a state or private school or to a child in foster care, prison, police cell or any other form of alternative care resulting from a court order.\u201d<\/em><\/p><\/blockquote>\n\n\n\n

This prohibits corporal punishment in all alternative care\nsettings and in most day care settings, confirming the 1991 Supreme Court\nruling which had already prohibited corporal punishment in all state-provided\ncare, in schools and in the penal system. Prohibition in some private day care\nsettings remains to be confirmed. The Act also explicitly confirms the\nprohibition of judicial corporal punishment (art. 228(2)) and repeals\nprovisions in the Criminal Procedure Act 1977 which allowed for its use.<\/p>\n\n\n\n

In regards to the home, we note that article 228(1) of the Act does not go as far as article 228(3) but instead states that parents \u201cmust respect the child\u2019s right to dignity conferred by Article 8 of the Namibian Constitution\u201d. Article 8 of the Constitution states that the \u201cdignity of all persons shall be inviolable\u201d and guarantees people\u2019s right to protection from torture and \u201ccruel, inhuman or degrading treatment or punishment\u201d. Article 228(1) protects children from \u2018severe\u2019 corporal punishment but it is unclear whether it encompasses all forms of corporal punishment, however light, particularly in contrast to the explicit phrasing used in article 228(3). A clear prohibition of all corporal punishment, including by parents, must be enacted.<\/p>\n\n\n\n

The Global Initiative congratulates Namibia for this long-awaited reform and encourages the Government to enact legislation which will send a clear message that all forms of corporal punishment are prohibited in all settings, including for parents.<\/p>\n\n\n\n

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