{"id":1437,"date":"2017-10-16T21:33:15","date_gmt":"2017-10-16T20:33:15","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=1437"},"modified":"2025-02-05T12:30:33","modified_gmt":"2025-02-05T12:30:33","slug":"namibia","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/namibia\/","title":{"rendered":"Namibia"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d79a4a381c5\">\n            <div class=\"container\">\n                <section>\n                    \n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-6 col-md-3\" style=\"background: transparent  \">\n\t<div class=\"feature-box text-center media-box \">\n    <div class=\"fbox-media\">\n                    <img decoding=\"async\" data-no-retina src=\"\/\/www.endcorporalpunishment.net\/wp-content\/uploads\/2018\/05\/flag-antigua.gif\" alt=\"\" width=\"\" height=\"\" class=\"img-responsive\" \/>\n        \t<\/div>\n\t<div class=\"fbox-desc\">\n        <h2><\/h2>\n        <span class=\"subtitle\"><\/span>\n        \n    <\/div>\n<\/div><\/div>\n\n<div class=\"col-xs-12 col-sm-12 col-md-9\" style=\"background: transparent  \">\n\t\n<div class=\"heading-block text-left heading-block-line\">\n\t<h2 class=\"special-heading\" >Country Report for Namibia<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: January 2025<\/p><p>*Namibia is committed to reforming its laws to prohibit corporal punishment in all settings.*<\/p><\/div><\/div><\/div>\n\n\n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-12\" style=\"background: transparent  \">\n\t\n<div class=\"vertical\">    <ul class=\"nav nav-tabs\" role=\"tablist\">\n                    <li class=\"active\"><a href=\"#tabs-69d79a4a38c600\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79a4a38c601\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d79a4a38c602\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79a4a38c603\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79a4a38c604\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d79a4a38c600\">\n                <h3>Namibia\u2019s commitment to prohibiting corporal punishment<\/h3><p>Namibia expressed its commitment to prohibiting all corporal punishment of children by accepting the recommendations to do so made during the Universal Periodic Review of Namibia in 2016.<\/p><p>&nbsp;<\/p><h3>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Prohibition is still to be achieved in the home and in some forms of private day care.<\/p><p>Article 59 of the Children\u2019s Act 1960 which confirmed parents\u2019 \u201cright to punish and to exercise discipline\u201d was repealed by the Child Care and Protection Act 2015 but the 2015 Act did not clearly and explicitly prohibit corporal punishment in all settings. The near universal acceptance of a certain degree of violence in childrearing necessitates clarity in law that all degrees and kinds of corporal punishment are unacceptable and unlawful. Explicit prohibition should be enacted of all corporal punishment, however light, in the home and in all other settings where adults care for children.<\/p><p><em>Day care<\/em> \u2013 Corporal punishment should be prohibited in all private day care settings, including childminding and other informal arrangements.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79a4a38c601\">\n                <h3>Current legality of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is lawful in the home. The Child Care and Protection Act 2015 replaced the Children\u2019s Act No. 33 1960; it came into force in January 2019 by notice in the Gazette. Article 228(1) of the Child Care and Protection Act 2015 states: \u201cA person who has control of a child, including a person who has parental responsibilities and rights in respect of the child, must respect the child\u2019s right to dignity conferred by Article 8 of the Namibian Constitution.\u201d Article 8 of the Constitution states: \u201c(1) The dignity of all persons shall be inviolable. (2)(a) In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed. (b) No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.\u201d This protects children from more \u2018severe\u2019 corporal punishment but it is unclear whether it includes all forms of corporal punishment, however light, particularly in light of the explicit phrasing used in article 228(3). An explicit prohibition of all corporal punishment, including by parents, must be enacted.<\/p><p>In reporting to the UPR for the 2016 review, the Government stated that violence against children is considered to be \u201cpart of\u201d gender-based violence.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> The Combating of Domestic Violence Act 2003 includes in its definition of domestic violence \u201cphysical abuse, which includes physical assault or any use of physical force against the complainant\u201d and \u201cemotional, verbal or psychological abuse, which means any pattern of conduct which seriously degrades or humiliates the complainant, or a family member or dependent of the complainant, or deprives such person of privacy, liberty, integrity or security\u201d within the context of a domestic relationship (article 2). \u201cDomestic relationship\u201d includes a parent-child relationship (article 3). The Act has been used by the High Court to protect children from \u2018harsher\u2019 corporal punishment<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> but there are no indications that it would applies to all forms of corporal punishment, however light. The Government reported that amendments to the Combating of Domestic Violence Act 2003 were under discussion for adoption in early 2017.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> The National Plan of Action on Gender-Based Violence 2012-2016 includes as a preventive strategy the promotion of \u201cpositive discipline techniques such as alternatives to corporal punishment in all spheres\u201d and aims to ensure widespread availability of relevant materials by 2013 (Action 2.5) but it makes no mention of law reform to prohibit corporal punishment in the home.<\/p><p>In reporting to the UN Committee on Economic, Social and Cultural Rights in 2015, the Government asserted that corporal punishment was abolished under the Constitution and the Education Act.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a> In the same year, the Government was asked by the Human Rights Committee about its intentions regarding prohibition of corporal punishment in all settings but did not respond.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> The Government then reported in November 2016 that corporal punishment was prohibited in the home under article 228(1) of the Child Care and Protection Act 2015.<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a> As detailed above, current legislation does not explicitly prohibit all corporal punishment of children.<\/p><p>In December 2020, Namibia became a Pathfinding country with the Global Partnership to End Violence Against Children. This commits the Government to three to five years of accelerated action towards the achievement of Target 16.2 of the Sustainable Development Goals.<\/p><p><strong>\u00a0<\/strong><\/p><h3>Alternative care settings<\/h3><p>Corporal punishment is unlawful in alternative care under article 228(3) of the Child Care and Protection Act 2015, which states: \u201cA 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 A residential child care facility is defined as a \u201cplace of safety, children\u2019s home or a child detention centre\u201d (article 1). A children\u2019s home is \u201ca facility, other than the child\u2019s family home, used for (a) the reception and provision of residential care of children who (i) have been abandoned or orphaned; (ii) for any reason cannot be placed in kinship care or foster care; (iii) are awaiting trial or sentence; (iv) are placed in such home in terms of an order under the Criminal Procedure Act; or (b) any other purpose that may be prescribed\u201d (article 68(1)).<\/p><p>The 1991 Supreme Court ruling (see \u201cSchools\u201d, below) also prohibited corporal punishment in the forms of alternative care provided by the state. Article 92 of the now repealed Children\u2019s Act 1960 authorised the Minister to make regulations concerning discipline, including \u201cthe infliction of corporal punishment\u201d, in places of safety, observation centres and children\u2019s homes. We have been unable to establish if any relevant regulations had been published and should be repealed, but they would likely not apply under the Child Care and Protection Act 2015.<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Article 228(3) of the Child Care and Protection Act 2015 prohibits corporal punishment in early childhood centres and in places of care, both public and private (see \u201cAlternative care settings\u201d, above). An early childhood development centre is \u201ca facility used to care for children from birth to the age of formal schooling and which offers a structured set of learning activities\u201d (art. 66). A \u201cplace of care\u201d is defined as \u201ca facility used for the care, whether for or without reward, of more than six children on behalf of their parents or care-givers during specific hours of the day or night or for a temporary period, in terms of a private arrangement between the parents or care-givers and the owner or managers of the place of care and includes, but is not limited to a community hostel whether regulated by the minister responsible for education or not, but excludes the care of a child (a) by a school as part of tuition, training or other activities provided by the school; (b) as a boarder in a school hostel or other residential facility managed as part of a school; or (c) by a hospital or other medical facility as part of the treatment provided to the child\u201d (article 65(1)). Corporal punishment is also unlawful in forms of early childhood care and day care for older children provided by the state under the 1991 Supreme Court ruling (see \u201cSchools\u201d, below). There is no explicit prohibition of corporal punishment in all other private day care, including childminding.<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is prohibited in schools. A Supreme Court judgment in 1991 ruled that the guarantee of human dignity in article 8 of the Constitution precludes the use of corporal punishment in schools as well as for adult and juvenile offenders.<a href=\"#_ftn7\" name=\"_ftnref7\">[7]<\/a> This is confirmed \u2013 and extended to hostels and private schools \u2013 in article 56(1) of the Education Act 2001: \u201cA teacher or any other person employed at a state school or hostel or private school or hostel commits misconduct, if such teacher or person, in the performance of his or her official duties imposes or administers corporal punishment upon a learner, or causes corporal punishment to be imposed or administered upon a learner.\u201d Prohibition is reiterated in article 228(3) of the Child Care and Protection Act 2015 (see \u201cAlternative care settings\u201d, above).<\/p><p>In 2016, a High Court ruling confirmed that the ban on corporal punishment in the Education Act applies in all Namibian schools, including private schools. Judge Elton Hoff stated that interpreting the laws prohibiting corporal punishment as applying only to teachers employed by the government would be \u201can absurdity in that children enrolled at state schools would be protected against invasive punishment while those enrolled at private schools would not\u201d.<a href=\"#_ftn8\" name=\"_ftnref8\">[8]<\/a><\/p><p>The Namibian Code of Conduct for Teaching Service states that a teacher \u201cmay not administer corporal punishment or any other degrading punishment upon a learner\u201d. The Ministry of Education published circulars in 2018 reiterating that all corporal punishment in all schools was strictly prohibited and would not be tolerated. The circular instructed all schools to implement a safe mechanism to report incidents of corporal punishment and to submit quarterly reports on the issue.<\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>Corporal punishment is unlawful as a disciplinary measure in penal institutions under the 1991 Supreme Court judgment (see under \u201cSchools\u201d).<a href=\"#_ftn9\" name=\"_ftnref9\">[9]<\/a> Prohibition in prisons and in police cells is confirmed in article 228(3) of the Child Care and Protection Act 2015 (see \u201cAlternative care settings\u201d, above). The Correctional Service Act 2012<a href=\"#_ftn10\" name=\"_ftnref10\">[10]<\/a> does not provide for corporal punishment, but it does not explicitly prohibit it.<\/p><p>Article 92 of the now repealed Children\u2019s Act authorised the Minister to make regulations concerning the \u201cinfliction of corporal punishment\u201d in places of detention, observation centres, schools of industry and reform schools. We have been unable to establish if any relevant regulations had been published and should be repealed, but they would likely not apply under the Child Care and Protection Act 2015.<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime under the 1991 Supreme Court judgment (see under \u201cSchools\u201d).<a href=\"#_ftn11\" name=\"_ftnref11\">[11]<\/a> The judgment was confirmed by the Child Care and Protection Act 2015: article 228(2) states: \u201cAny legislative provision and any rule of common or customary law authorising corporal punishment of a child by a court, including the court of a traditional leader, is repealed to the extent that it authorises such punishment.\u201d Provisions in the Criminal Procedure Act 1977 which allowed for judicial corporal punishment were explicitly repealed by the Child Care and Protection Act 2015.<a href=\"#_ftn12\" name=\"_ftnref12\">[12]<\/a> The Rules of the High Court of Namibia: High Court Act 1990, brought into force in 2014, make no reference to judicial corporal punishment.<\/p><p>A Child Justice Bill has been under consideration since 2002 but has not yet been enacted: the Government had originally reported to the Human Rights Council that it was expected to be tabled in Parliament in 2016,<a href=\"#_ftn13\" name=\"_ftnref13\">[13]<\/a> but then stated that it was being finalised for adoption in 2017.<a href=\"#_ftn14\" name=\"_ftnref14\">[14]<\/a><\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 28 October 2015, A\/HRC\/WG.6\/24\/NAM\/1, National report to the UPR, para. 90<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> In this case, lashing children with a belt: <em>FN v SM<\/em> (CA 77\/2011) [2012] NAHC 226 (08 August 2012)<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 23 November 2016, CAT\/C\/SR.1481, Summary records of 1481st meeting, para. 25<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 13 February 2015, E\/C.12\/NAM\/1, Initial state party report, para. 376<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 21 August 2015, CCPR\/C\/NAM\/Q\/2, List of issues, para. 23; 10 December 2015, CCPR\/C\/NAM\/Q\/2\/Add.1, Reply to list of issues<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> 22 November 2016, CAT\/C\/SR.1478, Summary records of 1478th meeting, para. 4<\/p><p><a href=\"#_ftnref7\" name=\"_ftn7\">[7]<\/a> <em>Ex Parte Attorney-General, Namibia: in Re Corporal Punishment by Organs of State<\/em>, 1991 (3) SA 76<\/p><p><a href=\"#_ftnref8\" name=\"_ftn8\">[8]<\/a> <em>Van Zyl v The State<\/em> (CA 25-2014) [2016] NAHCMD 246 (05 September 2016)<\/p><p><a href=\"#_ftnref9\" name=\"_ftn9\">[9]<\/a> ibid.<\/p><p><a href=\"#_ftnref10\" name=\"_ftn10\">[10]<\/a> The Correctional Service Act, Act No. 9 of 2012, repealed the Prisons Act, Act No. 17 of 1998<\/p><p><a href=\"#_ftnref11\" name=\"_ftn11\">[11]<\/a> ibid.<\/p><p><a href=\"#_ftnref12\" name=\"_ftn12\">[12]<\/a> Namibia\u2019s report to the UPR in 2015 confirmed that the Criminal Procedure Act, Act No. 51 of 1977, is the principal piece of legislation governing criminal procedure (28 October 2015, A\/HRC\/WG.6\/24\/NAM\/1, National report to the UPR, para. 20)<\/p><p><a href=\"#_ftnref13\" name=\"_ftn13\">[13]<\/a> 30 June 2016, A\/HRC\/32\/2 Advance Unedited Version, Report of the Human Rights Council on its 32nd session, para. 200<\/p><p><a href=\"#_ftnref14\" name=\"_ftn14\">[14]<\/a> 23 November 2016, CAT\/C\/SR.1481, Summary records of 1481st meeting, para. 30<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79a4a38c602\">\n                <h3>Universal Periodic Review of Namibia\u2019s human rights record<\/h3><p>Namibia was examined in the first cycle of the Universal Periodic Review process in 2011 (session 10). No recommendations were made specifically concerning corporal punishment of children. However, the following recommendations were made and were accepted by the Government:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p>\u201cStrengthen efforts to fulfil obligations under the Convention on the Rights of the Child (Australia);<\/p><p>\u201cStrengthen the mechanisms of legal and social protection of children against violence, particularly sexual, of which they are victims (France);<\/p><p>\u201cFurther promote women\u2019s and children\u2019s rights taking into consideration the views of relevant treaty bodies of the United Nations system (Italy);<\/p><p>\u201cIncrease its efforts to combat violence against women and children (Germany)\u201d<\/p><p>Examination in the second cycle took place in 2016 (session 24). The following recommendations were made:<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p><p>\u201cContinue to promote the rights of children by fighting effectively against corporal punishment (Djibouti);<\/p><p>\u201cProhibit all corporal punishment of children, including in the home (Estonia);<\/p><p>\u201cProhibit corporal punishment of children in all settings (Tunisia)\u201d<\/p><p>The Government accepted the recommendations.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a><\/p><p>Examination in the third cycle took place in 2021 (session 38). The following recommendations were made and supported<a href=\"#_ftn1\" name=\"_ftnref1\">[4]<\/a> by the Government:<\/p><p style=\"padding-left: 40px;\">\u201cEnact legislation explicitly prohibiting all corporal punishment of children in all settings, including in the home, and repeal all legal defences for its use (Slovenia);<\/p><p style=\"padding-left: 40px;\">\u201cFollow up on previous recommendations on corporal punishment of children and enact legislation explicitly prohibiting all forms of corporal punishment of children, including in the home (Liechtenstein)\u201d<a href=\"#_ftn2\" name=\"_ftnref2\">[5]<\/a><\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\"><\/a><\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> A\/HRC\/17\/14, Report of the Working Group, paras. 96(1), 96(6), 96(13) and 97(11)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 15 April 2016, A\/HRC\/32\/4, Report of the working group, paras. 137(127), 137(128) and 137(129)<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 14 June 2016, A\/HRC\/32\/4\/Add.1, Report of the working group: Addendum, para. 11<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[4]<\/a> 14 September 2021\/ A\/HRC\/48\/4\/Add.1, Report of the working group: Addendum<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[5]<\/a> 29 June 2021\/ A\/HRC\/48\/4, Report of the working group, paras. 138(54) and 138(123)<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79a4a38c603\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><h3>Committee on the Rights of the Child<\/h3><p>(30 May 2024, CRC\/C\/NAM\/CO\/4-6, Advance unedited report, Concluding observations on fourth-sixth report, para. 25)<\/p><p>\u201cThe Committee is deeply concerned that corporal punishment is not prohibited in the home and remains socially acceptable in all settings. Recalling its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party:<\/p><p>(a) Explicitly prohibit by law, as a matter of priority, all forms of corporal punishment in all settings, including in the home and in all childcare settings;<\/p><p>(b) Develop protocols and guidelines for action when corporal punishment takes place, including mechanisms for safe and confidential reporting, and ensure appropriate responses;<\/p><p>(c) Strengthen awareness-raising campaigns for parents, teachers and other professionals working with and for children to promote attitudinal change within the family and the community, with a view to eradicating the practice of corporal punishment and promoting positive, non-violent and participatory forms of childrearing.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(16 October 2012, CRC\/C\/NAM\/CO\/2-3, Concluding observations on second-third report, paras. 18, 19, 38 and 39)<\/p><p>\u201c\u2026 The Committee also regrets the lack of information on the cases of violence against children, including corporal punishment\u2026.<\/p><p>\u201cThe Committee \u2026 recommends that the State party collect systematic data on cases of violence against children, in particular sexual violence and corporal punishment, including by requiring all schools, alternative care institutions and state structures to report all instances of violence against children.<\/p><p>\u201cThe Committee notes that the Education Act (Act No. 16 of 2001) prohibits corporal punishment in schools, and that the Supreme Court ruling of 1991 ruled that corporal punishment is unlawful in school and as a sentence for crime. However, the Committee is gravely concerned about the information provided by the State party that:<\/p><ol><li>a) the practice of corporal punishment remains widespread in all settings, including in schools;<\/li><li>b) certain new legislation, such as the Combating of Domestic Violence Act (Act No. 4 of 2003), and laws prohibiting corporal punishment in schools are not fully enforced in practice;<\/li><li>c) there is an absence of legislation that explicitly prohibits corporal punishment in the home, penal system and alternative care settings. In addition, the Committee deplores the fact that \u201creasonable chastisement\u201d of a child is a common law defence to the crimes of corporal punishment.<\/li><\/ol><p>\u201cThe Committee strongly calls upon the State party:<\/p><p>a) to pass, as a matter of priority, the Child Care and Protection Bill with a view to prohibiting corporal punishment under civil and customary law and in all settings, including in the home, in school and in alternative care settings;<\/p><p>b) to ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against those responsible for corporal punishment;<\/p><p>c) to immediately repeal all provisions authorising corporal punishment;<\/p><p>d) to introduce sustained public education, awareness-raising and social mobilization programmes, involving children, families, communities and religious leaders, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice, and to promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment;<\/p><p>e) to ensure that all school teachers and personnel complete mandatory trainings on the rights of child and on the harmful effects, both physical and psychological, of corporal punishment and encourage positive behavioural support and alternative forms of discipline.\u201d<\/p><p><em>\u00a0<\/em><\/p><h3>Committee Against Torture<\/h3><h3><em>Committee Against Torture<\/em><\/h3><p>(18 November 2024, CAT\/C\/NAM\/CO\/3 Advance Unedited Version, Concluding observations on third report, paras. 34 and 35)<\/p><p>\u201cWhile welcoming the proscription of all of forms of corporal punishment in both public and private schools, the Committee is concerned about the lack of an explicit prohibition of corporal punishment of children in the home, however light, and its continued acceptance in other settings. While noting the information provided by the State party that such a prohibition is included in section 228 (1) of the Child Care and Protection Act, which obliges persons with parental responsibility to respect the child\u2019s constitutional right to dignity, the Committee underlines the important deterrent and educational effect of an explicit prohibition of the use of corporal punishment by parents against their children (arts. 2 and 16).<\/p><p>\u201cThe Committee recommends that the State party ban corporal punishment in the home in the national legislation and conduct awareness-raising and educational campaigns for the general public to inform them of the prohibition of corporal punishment against children and its consequences.\u201d<\/p><p>&nbsp;<\/p><p><em>The Committee Against Torture<\/em><\/p><p>(1 February 2017, CAT\/C\/NAM\/CO\/2, Concluding observations on second report, paras. 36 and 37)<\/p><p>\u201cWhile welcoming the adoption of the Child Care and Protection Act, No. 3 of 2015, which complements the Education Act, No. 16 of 2001, and penalizes corporal punishment in the home, in the criminal system and in alternative care settings, the Committee remains concerned at the lack of information regarding its enforcement and implementation.<\/p><p>\u201cThe State party should ensure that all laws prohibiting corporal punishment are effectively implemented, all allegations of corporal punishment investigated and perpetrators prosecuted and punished. The State party should also conduct awareness-raising campaigns about the harmful effects of corporal punishment on children and inform the public that such acts are prohibited.\u201d<\/p><p>&nbsp;<\/p><p>Committee Against Torture<\/p><p>(6 May 1997, A\/52\/44, paras. 227-252, Concluding observations on initial report, para. 250)<\/p><p>\u201cThe Committee recommends the prompt abolition of corporal punishment insofar as it is legally still possible under the Prisons Act of 1959 and the Criminal Procedure Act of 1977.\u201d<\/p><p>&nbsp;<\/p><h3>Committee on the Elimination of Violence Against Women<\/h3><p>(24 July 2015, CEDAW\/C\/NAM\/CO\/4-5 Advance Unedited Version, Concluding observations on fourth\/fifth report, paras. 30 and 31)<\/p><p>\u201cThe Committee welcomes the revision of the Teenage Pregnancy Policy of 2009 on the prevention and management of pregnancy and the provision of life skills as a subject in schools which, inter alia, focuses on the dangers and effects of teenage pregnancies. However, the Committee is concerned at the high rates of pregnancy resulting in drop out of girls from school, particularly in Kavango and Kunene regions. It is also concerned that girls routinely avoid engineering courses. The Committee is further concerned about the lack of appropriate measures to enforce the law which prohibits corporal punishment and prevent its use in all settings, particularly in schools.<\/p><p>\u201cThe Committee recommends that the State party: ...<\/p><ol><li>d) intensify law enforcement efforts to curb corporal punishment with a view to eliminating its use in all settings, particularly in schools, and promote the use of non-violent forms of disciplining.\u201d<\/li><\/ol><p>&nbsp;<\/p><h3>African Committee of Experts on the Rights and Welfare of the Child<\/h3><p>([October 2015], ACERWC, Concluding observations on initial report, para. 25)<\/p><p>\u201cThe Committee commends the State Party for prohibiting corporeal punishment in schools under the Namibian Constitution and the Education Act. The Committee further applauds the State Party for recognizing positive disciplining measures under the Code of Conduct for Teaching Service. As part of the continuous effort to protect children from abuse and torture, the Committee recommends the State Party to abolish corporeal <em>[sic]<\/em> punishment and to promote positive disciplining measures in all settings including at home.\u201d<\/p><p>&nbsp;<\/p><p><em>African Committee of Experts on the Rights and Welfare of the Child<\/em><\/p><p>([January 2025], Concluding observations on first periodic report, paras. 7, 38 and 39)<\/p><p>\u201c\u2026The Committee recommends that the State Party: [\u2026] b. Adopts laws to expressly criminalise corporal punishment in all settings and impose criminal sanctions.<\/p><p>\u201cThe Committee notes the measures to raise awareness regarding corporal punishment, including the training of communities and disseminating information on the obligation to report violations. However, the Committee is concerned that the State Party collects data on child abuse in general, and indicators have not been developed to collect specific information on corporal punishment in the home and institutions\u2026<\/p><p>\u201c\u2026The Committee recommends that the State Party:<\/p><ol><li>Ensures that corporal punishment is captured as a separate crime so that decision-makers can know the accurate prevalence rate and undertake evidence-based interventions.<\/li><li>Develop and implement policies that address the added vulnerability of boy children to being victims of corporal punishment or assault.<\/li><li>Undertakes awareness-raising including through media programmes to sensitise communities on the dangers of corporal punishment and encourages behavioural change among adults.<\/li><li>Establishes child-friendly and anonymous complaint mechanisms for children in schools and communities, to enable children to easily report corporal punishment when it occurs.\u201d<\/li><\/ol>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79a4a38c604\">\n                <h3>Prevalence\/attitudinal research in the last ten years<\/h3><p>The first Violence Against Children Survey (VACS) conducted in 2019, involving 5,191 children and young people aged 13-24, revealed that many children in Namibia are at risk of violence perpetrated by someone they know or trust. The survey found that violence often occurs at home or at school. Among youth aged 18-24 years, nearly one in three females (32.9%) and two in five males (41.2%) reported experiencing physical violence during their childhoods. Nearly one in four females (23.8%) and males (22.6%) experienced physical violence in childhood by a parent, caregiver, or other adult relative. Of children aged 13-17, more than one out of four girls (28.5%) and three out of ten boys (31.3%) experienced physical violence in the last year. Less than one third (27.7%) of females and only one fifth (21.4%) of males reported that their parents used positive discipline strategies in the past 12 months.<\/p><p style=\"text-align: right;\">(Ministry of Gender Equality, Poverty Eradication and Social Welfare, Namibia Statistics Agency and International Training and Education Center for Health at the University of Washington. Violence Against Children and Youth in Namibia: Findings from the Violence Against Children <em>and Youth Survey, 2019<\/em>, Windhoek, Namibia)<\/p><p>A 2008 survey of 1,680 respondents found that 78% thought a parent had a right to hit their child if the child was disobedient, 63% if the child did not want to go to school, 51% if the child ran away from home and 27% if the child performed poorly in school. Almost 61% believed it was common in their communities for children to be smacked or caned. Respondents from households with children aged 2-14 years old were asked what forms of discipline had been used in their household: 40% said children had been spanked, hit or slapped on the bottom with a bare hand, 30% said children had been hit with objects and 18% that children had been hit or slapped on the face, head or ears.<\/p><p style=\"text-align: right;\">(SIAPAC (2008), <em>Knowledge, Attitudes and Practices Study on Factors and Traditional Practices that may Perpetuate or Protect Namibians from Gender Based Violence and Discrimination: Caprivi, Erongo, Karas, Kavango, Kunene, Ohangwena, Omaheke, and Otjozondjupa Regions (Final Report)<\/em>, Ministry of Gender Equality and Child Welfare, cited in Hubbard, D. et al (2010), <em>Corporal Punishment: National and International Perspectives, <\/em>Windhoek: Legal Assistance Centre)<\/p>            <\/div>\n            <\/div>\n<\/div><\/div><\/div>\n\n                <\/section>\n            <\/div>\n                    <\/div>\n    \n","protected":false},"excerpt":{"rendered":"<p>Country Report for Namibia LAST UPDATED: January 2025*Namibia is committed to reforming its laws to prohibit corporal punishment in all settings.* Summary Legality UPR Treaty bodies Research Namibia\u2019s commitment to prohibiting corporal punishmentNamibia expressed its commitment to prohibiting all corporal punishment of children by accepting the recommendations to do so made during the Universal Periodic [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":1301,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"class_list":["post-1437","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/comments?post=1437"}],"version-history":[{"count":17,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1437\/revisions"}],"predecessor-version":[{"id":27308,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1437\/revisions\/27308"}],"up":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1301"}],"wp:attachment":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/media?parent=1437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}