{"id":2449,"date":"2017-12-20T12:27:39","date_gmt":"2017-12-20T12:27:39","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=2449"},"modified":"2020-03-12T09:40:29","modified_gmt":"2020-03-12T09:40:29","slug":"cayman-islands","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/cayman-islands\/","title":{"rendered":"Cayman Islands"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d79b28816f3\">\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 Cayman Islands<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: March 2020<\/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-69d79b28834360\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b28834361\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b28834362\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b28834363\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b28834364\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d79b28834360\">\n                <h3>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Prohibition is still to be achieved in the home, some alternative care settings, day care and penal institutions.<\/p><p>The right of parents to administer \u201creasonable chastisement\u201d is recognised under English common law and article 226(7) of the Penal Code confirms \u201cthe right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to him.\u201d These defences should be repealed and prohibition enacted of all corporal punishment by all persons with authority over children.<\/p><p><em>Alternative care settings<\/em> \u2013 Legislation prohibits corporal punishment in community homes, children\u2019s homes, voluntary homes and in state arranged foster care. Prohibition should now be enacted in relation to private foster care arrangements.<\/p><p><em>Day care<\/em> \u2013 Corporal punishment is prohibited in early childhood care and education centres. This should be extended to all informal early childhood care provision and all day care for older children (day centres, after-school childcare, childminding, etc).<\/p><p><em>Penal institutions<\/em> \u2013 Legislation should prohibit corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law. Provisions for corporal punishment in the Prison Rules should be repealed.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b28834361\">\n                <p><strong>Note: <\/strong>The Cayman Islands is a British Overseas Territory. As such, it has its own constitution and domestic laws and substantial responsibility for its internal affairs, including responsibility for the protection and promotion of human rights and a duty to ensure that local law complies with the relevant convention and court judgments and is non-discriminatory. The UK Government has responsibility for international relations, internal security, defence, good governance and the wellbeing of the people.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p>&nbsp;<\/p><h3>Current legality of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is lawful in the home under the English common law defence of \u201creasonable chastisement\u201d. Articles 225 and 226 of the Penal Code (2013 Revision) punish cruelty to children under 16 years of age but article 226(7) states: \u201cNothing in section 225 shall be construed as affecting the right of any parent, teacher or other person having the lawful control or charge of a child to administer punishment to him.\u201d This provision was also included in the Juveniles Law 1990 (art. 41(8)), but this Law was repealed by the Children Law (2012 Revision); the new Children Law does not refer to a right to \u201cadminister punishment\u201d and it protects children from ill-treatment and abuse, but it does not prohibit all corporal punishment.<\/p><p>The Protection from Domestic Violence Law 2010 protects children from abuse, defining physical abuse as \u201cany act or omission which causes or threatens physical injury\u201d (art. 3), but it does not prohibit corporal punishment in childrearing.<\/p><p>In its 2014 state party report to the Committee on the Rights of the Child, the UK Government states that it \u201cdoes not condone any violence towards children and has clear laws to deal with it\u201d but \u201cour view is that a mild smack does not constitute violence\u201d.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> A similar statement was made to the Human Rights Committee in 2015.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> The UK Government has on three occasions rejected recommendations to prohibit all corporal punishment of children made during the Universal Periodic Review of the UK (see below).<\/p><p><strong>\u00a0<\/strong><\/p><h3>Alternative care settings<\/h3><p>Recent law reform prohibited corporal punishment in some but not all alternative care settings. The Children Law (2012 Revision) provides for the Government in Cabinet to make regulations for the \u201ccontrol and discipline\u201d of children in community homes (art. 4), voluntary homes (art. 7) and registered children\u2019s homes (art. 10).<\/p><p>Corporal punishment is prohibited in community homes in the Community Homes Regulations 2012 (reg. 8): \u201c(1) The responsible authority of a community home shall only apply those disciplinary measures within the home as are approved by the Department. (2) The following acts shall not be practised in a community home \u2013 (a) corporal punishment\u2026.\u201d There are similar prohibitions in children\u2019s homes (Registered Children\u2019s Homes Regulations 2012, reg. 8) and in voluntary homes (Voluntary Homes Regulations 2012, reg. 8). All children\u2019s homes must be registered (Children Law, art. 64).<\/p><p>According to regulation 5 of the Foster Placement (Children) Regulations 2012, a person approved by the Department as a foster parent will not have a child placed with him\/her unless there is agreement with the matters and obligations listed in Schedule 2 of the Regulations, which includes the obligation \u201cnot to administer corporal punishment to any child placed with him\u201d. However, there is no prohibition in the Children (Private Foster Care) Regulations 2012: corporal punishment of privately fostered children is lawful under the \u201creasonable chastisement\u201d defence in English common law and the right \u201cto administer punishment\u201d in article 226(7) of the Penal Code (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is prohibited in early childhood care and education centres under article 23 of the Education Law 2016: \u201c(1) Corporal punishment and acts which are cruel, inhumane or degrading to a student shall not be administered in any early childhood care and education centre. (2) Reasonable use of force is acceptable in an early childhood care and education centre for the purpose of preventing a student from doing, or continuing to cause danger, personal injury or death to, or damage to the property of, any person, including the relevant student, but use of force shall be necessary, reasonable and proportionate.\u201d Early childhood care and education centres are defined by the Education Law 2016 as \u201can institution that provides early childhood care and education to children under compulsory school age for at least four hours per day and includes a private residence in which care is provided to three or more children not of the same family\u201d (art. 2).<\/p><p>Corporal punishment remains lawful in informal early childhood care and in day care for older children under the \u201creasonable chastisement\u201d defence in English common law and the right \u201cto administer punishment\u201d in article 226(7) of the Penal Code (see under \u201cHome\u201d). The Children Law (2012 Revision) regulates day care and childminding and does not prohibit corporal punishment in these settings.<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is prohibited in schools under article 26 of the Education Law 2016: \u201cCorporal punishment and acts which are cruel, inhumane or degrading to a student shall not be administered in an educational institution.\u201d The Law allows the use of \u201csuch force as is necessary, reasonable and proportionate in the circumstances for the purpose of preventing a student from doing, or continuing to do, any of the following - \u2026 prejudicing the maintenance of good order and discipline at the school or any educational activities or provision associated with the school\u201d but clarifies that this \u201cdoes not authorize anything to be done in relation to a student which constitutes the giving of corporal punishment\u201d (art. 30(5)). Corporal punishment is defined as \u201cthe application of physical force in order to punish or correct a child, but does not include the application of force only to prevent personal injury to, or damage to or the destruction of property of, any person (including the child)\u201d (art. 2).<\/p><p>The Education Law 2016 repealed the Education Law (2010 Revision) which allowed corporal punishment of pupils (art. 30) and the Education Modernisation Law 2009, which had included explicit prohibition but never came into force.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>There appears to be no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions. According to the Government\u2019s fourth\/fifth report to the Human Rights Committee, provisions for the court to order corporal punishment for offences against prison discipline were repealed in the Prisons (Amendment) Law (1998).<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> However, the Prison Rules (1999 Revision) provide for corporal punishment (art. 47): as at July 2016 it would appear that these Rules are still in force.<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a> There is no prohibition of corporal punishment in the Children (Secure Accommodation) Regulations 2012.<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in the Penal Code (2013 Revision), the Criminal Procedure Code (2014 Revision) or the Youth Justice Law (2005 Revision).<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> [2014], CRC\/C\/GBR\/5, Fifth state party report, annex, para. 2<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> [2014], CRC\/C\/GBR\/5, Fifth state party report, annex, para. 11<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> [n.d.], CCPR\/C\/GBR\/Q\/7\/Add.1, Advance Unedited Version, Reply to list of issues, para. 161<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> Law Revision Commissioner (2015), <em>Consolidated Index of Laws and Subsidiary Legislation as at 5<sup>th<\/sup> August, 2015<\/em>, Cayman Islands Government, <a href=\"http:\/\/www.gov.ky\/portal\/pls\/portal\/docs\/1\/12277808.PDF\">http:\/\/www.gov.ky\/portal\/pls\/portal\/docs\/1\/12277808.PDF<\/a>, accessed 18 February 2016<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 11 April 2000, CCPR\/C\/UKOT\/99\/5, Fourth\/fifth state party report, para. 66<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> <a href=\"http:\/\/www.mha.gov.ky\/resources\/laws-and-regs\/\">http:\/\/www.mha.gov.ky\/resources\/laws-and-regs\/<\/a>, accessed 6 July 2016<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b28834362\">\n                <h3>Universal Periodic Review of the UK\u2019s human rights record<\/h3><p>The UK was examined in the first cycle of the Universal Periodic Review in 2008 (session 1). The following recommendations were made:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cTo consider further measures in order to address the problem of violence against children, including corporal punishment. (Italy)<\/p><p style=\"padding-left: 40px;\">\u201cTo reconsider its position about the continued legality of corporal punishment against children. (Sweden)<\/p><p style=\"padding-left: 40px;\">\u201cTo consider going beyond current legislation and to ban corporal punishment, also in the private sector and in its Overseas Territories. (France)\u201d<\/p><p>The Government rejected the recommendations, stating that it sees no need for law reform since it believes the current law is working well, parents should be allowed to discipline children and surveys show that the use of corporal punishment in childrearing has declined.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> It accepted the recognition to consider going beyond current legislation in relation to protecting children from violence but rejected \u201cthe implication that it is failing in this regard through the application of its policy on corporal punishment\u201d.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a><\/p><p>Examination in the second cycle of the UPR took place in 2012 (session 13). The following recommendations were made:<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cReconsider its position about the continued legality of corporal punishment of children (Sweden);<\/p><p style=\"padding-left: 40px;\">\u201cTake measures to ensure the freedom of children from physical punishment in accordance with the Convention on the Rights of the Child (Norway);<\/p><p style=\"padding-left: 40px;\">\u201cIntroduce a ban on all corporal punishment of children as recommended by the CRC and other treaty bodies (Finland)\u201d<\/p><p>The Government rejected the recommendations.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a><\/p><p>The UK\u2019s third cycle examination took place in 2017 (session 27). The following recommendations were made:<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cIn all devolved administrations, overseas territories and Crown dependencies, prohibit all corporal punishment in the family, including through the repeal of all legal defences, such as \u201creasonable chastisement\u201d (Liechtenstein);<\/p><p style=\"padding-left: 40px;\">\u201cEnsure that corporal punishment is explicitly prohibited in all schools and educational institutions and all other institutions and forms of alternative care (Liechtenstein);<\/p><p style=\"padding-left: 40px;\">\u201cProhibit corporal punishment in all settings, including the family (Ireland);<\/p><p style=\"padding-left: 40px;\">\u201cReconsider its position on the legality of corporal punishment of children (Mongolia);<\/p><p style=\"padding-left: 40px;\">\u201cBan corporal punishment of children to ensure the full protection and freedom from violence for all children (Sweden);<\/p><p style=\"padding-left: 40px;\">\u201cConsider prohibiting corporal punishment against children and ensure that it is explicitly prohibited in all schools and educational institutions, and all other institutions and forms of alternative care (Croatia);<\/p><p style=\"padding-left: 40px;\">\u201cTake further actions in protecting the rights of the child by prohibiting all corporal punishment of children as required by the convention of the Rights of Child (Estonia)\u201d<\/p><p>The Government rejected all seven recommendations, stating: \u201cthe UK does not condone any violence towards children and has clear laws to deal with it. The \u2018reasonable chastisement\u2019 defence in s.58 Children Act 2004 cannot be used when someone is charged with assault causing actual or grievous bodily harm, or with child cruelty. Parents should not be criminalised for giving a child a mild smack in order to control their behaviour. The Crown Dependencies currently follow a similar approach to the UK. The decision on whether to prohibit corporal punishment and in what settings in the Overseas Territories is a decision, ultimately, for Territory governments. The UK Government is keen to support those Territories who wish to move away from the use of corporal punishment and explore alternative measures, including the development of positive parenting strategies and effective behaviour management techniques.\u201d<a href=\"#_ftn7\" name=\"_ftnref7\"><sup>[7]<\/sup><\/a><\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 23 May 2008, A\/HRC\/8\/25, Report of the working group, paras. 56(2), 56(3), 56(4) and 56(5)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 23 May 2008, A\/HRC\/8\/25, Report of the working group, para. 25<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 25 August 2008, A\/HRC\/8\/25\/Add.1, Report of the working group: Addendum, paras. 28, 29 and 30<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 6 July 2012, A\/HRC\/21\/9, Report of the working group, paras. 110(78), 10(79) and 110(80)<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 17 September 2012, A\/HRC\/21\/9\/Add.1, Report of the working group: Addendum, annex<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> 8 May 2017, A\/HRC\/WG.6\/27\/L.7, Draft report of the working group, unedited version, paras. 6(193), 6(194), 6(195), 6(196), 6(197), 6(198) and 6(199)<\/p><p><a href=\"#_ftnref7\" name=\"_ftn7\">[7]<\/a> 7 September 2017, A\/HRC\/36\/9\/Add.1, Report of the working group: addendum, para. 3; see also 29 August 2017, Annex to the response to the recommendations received on 4 May 2017<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b28834363\">\n                <p><strong>Note<\/strong>: According to the UK\u2019s 2014 Common Core Document<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a>, the following treaties apply in the Cayman Islands: the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the UN Convention against Torture, the UN Convention on the Rights of the Child and the UN Convention on the Elimination of All Forms of Discrimination Against Women. The European Social Charter does not apply.<\/p><p>&nbsp;<\/p><h3><em>Committee on the Rights of the Child<\/em><\/h3><p>(3 June 2016, CRC\/C\/GBR\/CO\/5, Concluding observations on fifth report, para. 40)<\/p><p>\u201cWith reference to its general comment No. 8 and its previous recommendations, the Committee urges the State party, in all devolved administrations, Overseas Territories and Crown Dependencies, to:<\/p><p>a) prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, such as \u201creasonable chastisement\u201d;<\/p><p>b) ensure that corporal punishment is explicitly prohibited in all schools and educational institutions and all other institutions and forms of alternative care;<\/p><p>c) strengthen its efforts to promote positive and non-violent forms of discipline and respect for children\u2019s equal right to human dignity and physical integrity, with a view to eliminating the general acceptance of the use of corporal punishment in child-rearing.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(20 October 2008, CRC\/C\/GBR\/CO\/4, Concluding observations on third\/fourth report, paras. 40, 41 and 42)<\/p><p>\u201cThe Committee, while noting amendments to legislation in England, Wales, Scotland and Northern Ireland which restrict the application of the defence of \u2018reasonable chastisement\u2019, is concerned that this defence has not been removed. The Committee welcomes the commitment of the National Assembly in Wales to prohibiting all corporal punishment in the home, but notes that under the terms of devolution it is not possible for the Assembly to enact the necessary legislation. The Committee is concerned at the failure of State party to explicitly prohibit all corporal punishment in the home and emphasizes its view that the existence of any defence in cases of corporal punishment of children does not comply with the principles and provisions of the Convention, since it would suggest that some forms of corporal punishment are acceptable.<\/p><p>\u201cThe Committee is further concerned that corporal punishment is lawful in the home, schools and alternative care settings in virtually all overseas territories and crown dependencies.<\/p><p>\u201cThe Committee, reiterating its previous recommendations (CRC\/C\/15\/Add.188, para. 35), in the light of its general comment No. 8 on \u2018the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment\u2019, as well as noting similar recommendations made by the Human Rights Committee; the Committee on the Elimination of Discrimination Against Women; and the Committee on Economic, Social and Cultural Rights, recommends that the State party:<\/p><p>a) prohibit as a matter of priority all corporal punishment in the family, including through the repeal of all legal defences, in England and Wales, Scotland, and Northern Ireland, and in all Overseas Territories and Crown Dependencies;<\/p><p>b) ensure that corporal punishment is explicitly prohibited in schools and all other institutions and forms of alternative care throughout the United Kingdom and in the overseas territories and crown dependencies;<\/p><p>c) actively promote positive and non-violent forms of discipline and respect for children\u2019s equal right to human dignity and physical integrity, with a view to raising public awareness of children\u2019s right to protection from all corporal punishment and to decreasing public acceptance of its use in childrearing;<\/p><p>d) provide parental education and professional training in positive child-rearing.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(16 October 2000, CRC\/C\/15\/Add.135, Concluding observations on initial report on Overseas Territories and Crown Dependencies, paras. 35, 36, 55 and 57)<\/p><p>\u201cThe Committee expresses grave concern that corporal punishment is still widely practised in many of the Overseas Territories and that domestic legislation generally does not prohibit and eliminate its use in schools, care institutions and homes. It also notes with concern that the British Virgin Islands is the only remaining Territory that has not yet prohibited by law the use of judicial corporal punishment.<\/p><p>\u201cThe Committee recommends that all appropriate measures, including of a legislative nature, be taken to prohibit and eliminate all forms of corporal punishment within the school, juvenile justice and alternative care systems and in the home. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child\u2019s human dignity and in conformity with the Convention, especially articles 19 and 28.2.<\/p><p>\u201cThe Committee notes that legislation relating to juvenile justice has been enacted in all of the Overseas Territories. While the Committee appreciates that the legal abolition of judicial corporal punishment in most of the Overseas Territories, it is concerned that the bill to abolish it in the British Virgin Islands has not yet been enacted\u2026.<\/p><p>\u201cThe Committee further recommends that the British Virgin Islands reinforce efforts to enact the bill introduced into the Legislative Council to abolish the use of judicial corporal punishment in the islands.\u201d<\/p><p>&nbsp;<\/p><h3><em>Committee on the Elimination of Discrimination Against Women<\/em><\/h3><p>(30 July 2013, CEDAW\/C\/GBR\/CO\/7, Concluding observations on seventh report of UK, paras. 34 and 35)<\/p><p>\u201cThe Committee \u2026 recalls its previous concluding observations (A\/63\/38, paras. 280 and 281) and is concerned that corporal punishment remains lawful in the home.<\/p><p>\u201cRecalling its general recommendation No. 19, on violence against women, and its previous recommendation, the Committee urges the State party: ...<\/p><p>e) to revise its legislation to prohibit corporal punishment of children in the home.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Elimination of Discrimination Against Women<\/em><\/p><p>(18 July 2008, Part of A\/63\/38, Concluding observations on fifth\/sixth report, paras. 280 and 281)<\/p><p>\u201c... The Committee also notes with concern that corporal punishment is lawful in the home and constitutes a form of violence against children, including the girl child.<\/p><p>\u201cThe Committee urges the State party to accord priority attention to the adoption of comprehensive measures to address violence against women in accordance with its general recommendation No. 19 on violence against women.... The Committee further recommends that the State party include in its legislation the prohibition of corporal punishment of children in the home.\u201d<\/p><p>&nbsp;<\/p><h3><em>Committee on Economic, Social and Cultural Rights<\/em><\/h3><p>(12 June 2009, E\/C.12\/GBR\/CO\/5, Concluding observations on fourth\/fifth report, para. 24)<\/p><p>\u201cThe Committee \u2026 also remains concerned that corporal punishment of children in the home is not yet prohibited by law.<\/p><p>The Committee \u2026 reiterates its recommendation that physical punishment of children in the home be prohibited by law.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on Economic, Social and Cultural Rights<\/em><\/p><p>(5 June 2002, E\/C.12\/1\/Add.79, Concluding observations on fourth report, para. 36)<\/p><p>\u201cGiven the principle of the dignity of the individual, which provides the foundation for international human rights law (see paragraph 41 of the Committee\u2019s General Comment No.13) and in the light of article 10.1 and 10.3 of the Covenant, the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child (see paragraph 31 of the 1995 concluding observations of that Committee (CRC\/C\/15\/Add.34)).\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on Economic, Social and Cultural Rights<\/em><\/p><p>(4 December 1997, CESCR\/E\/C.12\/1\/Add.19, Concluding observations on third report, paras. 16 and 28)<\/p><p>\u201cThe Committee is alarmed by the fact that corporal punishment continues to be practised in schools which are privately financed, and at the statement by the delegation that the Government does not intend to eliminate this practice.<\/p><p>\u201cThe Committee recommends that the State party take appropriate measures to eliminate corporal punishment in those schools in which this practice is still permitted, i.e. privately financed schools.\u201d<\/p><p>&nbsp;<\/p><h3><em>Committee Against Torture<\/em><\/h3><p>(24 June 2013, CAT\/C\/GBR\/CO\/5, Concluding observations on fifth report, para. 29)<\/p><p>\u201cThe Committee takes note of amendments to legislation in England, Wales, Scotland and Northern Ireland, which limit the application of the defence of \u201creasonable punishment\u201d (or \u201cjustifiable assault\u201d in Scotland), but remains concerned that some forms of corporal punishment are still legally permissible in the home by parents and those in loco parentis. In addition, it is concerned that some forms of corporal punishment are lawful in the home, schools and alternative care settings in almost all overseas territories and Crown dependencies.<\/p><p>The Committee recommends that the State party prohibits corporal punishment of children in all settings in the Metropolitan territory, Crown dependencies and overseas territories, repealing all legal defences currently in place, and further promote positive non-violent forms of discipline via public campaigns as an alternative to corporal punishment.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee Against Torture<\/em><\/p><p>(17 November 1998, A\/54\/44, Concluding observations on third report, para. 74)<\/p><p>\u201cPositive aspects:<\/p><p>d) the removal of corporal punishment as a penalty in several of the Dependent Territories.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee Against Torture<\/em><\/p><p>(9 July 1996, A\/51\/44, Concluding observations on second report, para. 65)<\/p><p>\u201cThe Committee recommends that the Government of the United Kingdom take the following measures:<\/p><p>i) reconsidering corporal punishment with a view to determining if it should be abolished in those dependencies that still retain it.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee Against Torture<\/em><\/p><p>(26 June 1993, A\/48\/44, Concluding observations on initial report, para. 283)<\/p><p>\u201c\u2026 The territories appeared to be governed in accordance with the obligations on the Convention and the Committee congratulated the Government of the United Kingdom in this respect. The Committee was, however, interested in receiving more detail pertaining to cases of corporal punishment in the territories retaining it. The nature and incidence of such punishment, together with details of the crime and the characteristics of the offender, should be forwarded to the Committee when the information is gathered\u2026.\u201d<\/p><p>&nbsp;<\/p><h3><em>Human Rights Committee<\/em><\/h3><p>([July 2015], CCPR\/C\/GBR\/CO\/7 Advance Unedited Version, Concluding observations on seventh report, para. 20)<\/p><p>\u201cThe Committee remains concerned that corporal punishment is still not fully outlawed in the home and certain educational and alternative care facilities in the United Kingdom and in almost all British Crown Dependencies and Overseas Territories. It is further concerned about the lack of explicit prohibition of corporal punishment in the home and the existing legal defences of \u2018reasonable punishment\u2019 in England, Wales and Northern Ireland or \u2018justifiable assault\u2019 in Scotland (arts. 7 and 24).<\/p><p>The State party should take practical steps,\u00a0including through legislative measures where appropriate, to put an end to corporal punishment in all settings, including the home, throughout United Kingdom and all Crown Dependencies and Overseas Territories, and repeal all existing legal defences across the State party\u2019s jurisdiction. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and conduct public information campaigns to raise awareness about its harmful effects.\u201d<\/p><p>&nbsp;<\/p><p><em>Human Rights Committee<\/em><\/p><p>(30 July 2008, CCPR\/C\/GBR\/CO\/6, Concluding observations on sixth report, para. 27)<\/p><p>\u201cThe Committee notes with concern that corporal punishment of children is not prohibited in schools in Bermuda, the British Virgin Islands, Gibraltar, Montserrat and the Crown Dependencies. (arts. 7 and 24)<\/p><p>The State party should expressly prohibit corporal punishment of children in all schools in all British Overseas Territories and Crown Dependencies.\u201d<\/p><p>&nbsp;<\/p><p><em>Human Rights Committee<\/em><\/p><p>(27 July 1995, CCPR\/C\/79\/Add.55, Concluding observations on fourth report, para. 8)<\/p><p>\u201cThe Committee recommends that corporal punishment administered to privately funded pupils in independent schools be abolished.\u201d<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> <a href=\"https:\/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/418207\/human-rights-common-core-document.pdf\">https:\/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/418207\/human-rights-common-core-document.pdf<\/a>, accessed 19 June 2017<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b28834364\">\n                <h3>Prevalence\/attitudinal research in the last ten years<\/h3><p>None identified.<\/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 Cayman Islands LAST UPDATED: March 2020 Summary Legality UPR Treaty bodies Research Summary of necessary legal reform to achieve full prohibitionProhibition is still to be achieved in the home, some alternative care settings, day care and penal institutions.The right of parents to administer \u201creasonable chastisement\u201d is recognised under English common law and [&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-2449","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2449","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=2449"}],"version-history":[{"count":5,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2449\/revisions"}],"predecessor-version":[{"id":18340,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2449\/revisions\/18340"}],"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=2449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}