{"id":2491,"date":"2017-12-20T14:52:00","date_gmt":"2017-12-20T14:52:00","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=2491"},"modified":"2018-05-18T15:00:56","modified_gmt":"2018-05-18T14:00:56","slug":"guam","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/guam\/","title":{"rendered":"Guam"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d79b30a3cec\">\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 Guam<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: June 2017<\/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-69d79b30a45fe0\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b30a45fe1\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b30a45fe2\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b30a45fe3\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b30a45fe4\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d79b30a45fe0\">\n                <h3>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Prohibition is still to be achieved in the home, alternative care settings, day care, schools and penal institutions.<\/p><p>The Parent and Child Act confirms the right of parents to \u201ctrain and discipline\u201d the child, providing a legal defence for the use of corporal punishment in childrearing. The near universal acceptance of a certain degree of violence in childrearing necessitates clarity in law that no form or degree of corporal punishment is lawful. This provision should be explicitly repealed, and prohibition enacted of all corporal punishment, however light, by all persons with authority over children.<\/p><p><em>Alternative care settings<\/em> \u2013 Prohibition should be enacted in legislation applicable to all alternative care settings (foster care, institutions, places of safety, emergency care, etc).<\/p><p><em>Day care<\/em> \u2013 Corporal punishment should be prohibited in all early childhood care (nurseries, cr\u00e8ches, kindergartens, preschools, family centres, etc) and all day care for older children (day centres, after-school childcare, childminding, etc).<\/p><p><em>Schools<\/em> \u2013 Prohibition should be enacted in legislation applicable to all educational settings, public and private.<\/p><p><em>Penal institutions<\/em> \u2013 Prohibition of corporal punishment should be enacted in relation to disciplinary measures in all institutions accommodating children in conflict with the law.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b30a45fe1\">\n                <p>Note: Guam is an organised, unincorporated territory of the US.<\/p><p>&nbsp;<\/p><h3>Current legality of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is lawful in the home. Provisions against violence and abuse in the Guam Code (Ch.30, \u201cFamily Violence\u201d, 1994, and Ch.31 \u201cOffenses Against the Family\u201d) are not interpreted as prohibiting corporal punishment in childrearing. The Parent and Child Act defines \u201clegal custody\u201d as \u201ca status created by court order embodying the following rights and responsibilities: (1) the right to have the physical possession of the child; (2) the right and the duty to protect, train and discipline the child\u201d (s4202 (d)).<\/p><p>The Child Protective Act protects children only from excessive corporal punishment, as it protects children from harm and threatened harm defined in article 1 in relation to evidence of physical or psychological injury, including \u201cdisfigurement or impairment of any bodily organ, and such injury is inflicted by other than accidental means, by excessive corporal punishment or where the history given concerning such condition or death is at variance with the degree or type of such condition or death\u201d. The Family Violence Act defines family violence as \u201cattempting to cause or causing bodily injury to another family or household member\u201d or \u201cplacing a family or household member in fear of bodily injury\u201d (s30.10). The Offenses Against the Family Act punishes child abuse, defined as cruel treatment of a child or \u201cunreasonable\u201d endangerment of a child\u2019s physical or emotional health (s31.30).<\/p><p>&nbsp;<\/p><h3>Alternative care settings<\/h3><p>Corporal punishment is prohibited in some but not all forms of alternative care. The Rules and Regulations for Licensed Child Care Centers and Group Child Care Homes 2011, pursuant to the Child Welfare Services Act, punish \u201cthe use of corporal punishment or frightening or humiliating methods of control or discipline\u201d (s1118.1). The Act defines a child care facility as \u201cany center or home licensed by the Department to provide care, education, and supervision for a child for all or part of the twenty-four (24) hour day, whether or not the facility is operated for profit, or charges for the services it offers\u201d (s1101.5).<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is unlawful in some day care settings under the prohibition in the Rules and Regulations for Licensed Child Care Centers and Group Child Care Homes 2011 (see under \u201calternative care settings\u201d).<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is lawful in schools. The Teaching Act s5114 Guam Code states (17GCA 2.5114): \u201cEvery teacher in the public schools shall hold pupils to strict account for their conduct while on school premises and when authorized off-campus school activities.\u201d It is the responsibility of the Board of Education to establish student discipline policy Guam Public School System Act (17GCA 2.3112(5)). The policy published by the Education Policy Board (last amended 1991) states that it must be used only as a last resort, only by the principal, and only for children whose parents sign a notarised consent form. In 2003, the Board was considering revising the policy such that enrolment into the public school system would itself constitute consent by parents for corporal punishment. A management and curriculum audit for the public school system under discussion in 2009 made provision for the use of corporal punishment.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/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, though it is possibly discouraged as a matter of policy. The Corrections Act states (Guam Code 9.90.30 (9GCA 90.30)): \u201cThe Director subject to the approval of the Governor by Executive Order, is authorized to make rules and regulations for the administration of correctional institutions and other places of confinement, including, but not limited to, necessary disciplinary measures for inmates thereof and for their treatment, care, labor, rehabilitation and reformation.\u201d The Corrections Act (Guam Code Ch. 90) and the Youth Correction Act (Guam Code Ch.83, 1965 (9GCA 83)) are silent on the issue.<\/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 criminal law.<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> <em>Management and Curriculum Audit for the Guam Public School System<\/em>, DRAFT FINAL REPORT, Submitted by Evergreen Solutions, Florida, 23 March 2009<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b30a45fe2\">\n                <h3>Universal Periodic Review of the US\u2019s human rights record<\/h3><p>The US was examined in the first cycle of the Universal Periodic Review in 2010 (session 9). No recommendations were made specifically concerning corporal punishment of children. However, recommendations were made to ratify and incorporate into law the UN Convention on the Rights of the Child and to withdraw the reservation to the International Covenant on Civil and Political Rights, and the Government accepted these recommendations.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p>Examination in the second cycle took place in 2015 (session 22). In its national report, the Government noted efforts to address \u201cdisproportionate\u201d discipline of African-American students but did not refer to ending all corporal punishment. During the review:<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p><p>\u201cProhibit corporal punishment of children in all settings, including the home and schools, and ensure that the United States encourages non-violent forms of discipline as alternatives to corporal punishment (Liechtenstein)\u201d<\/p><p>The Government accepted only the part of the recommendation concerning the promotion of non-violent discipline, stating: \u201cWe support this recommendation insofar as it encourages non-violent forms of discipline. Excessive or arbitrary corporal punishment is prohibited under our Constitution, and we take effective measures to help ensure non-discrimination in school discipline policies and practices.\u201d<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> The Government again accepted recommendations to ratify the Convention on the Rights of the Child.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 4 January 2011, A\/HRC\/16\/11, Report of the Working Group, paras. 92(1)-(11), 92(13)-(25), 92(27), 92(34), 92(37)-(45) and 92(47)-(49)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 20 July 2015, A\/HRC\/30\/12, Report of the working group, para. 176(265)<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 14 September 2015, A\/HRC\/30\/12\/Add.1, Report of the working group: Addendum, para. 18<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 1 October 2015, Future A\/HRC\/30\/2 Advance unedited version, Draft report of the Human Rights Council on its 30th session, para. 226<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b30a45fe3\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><p>Note: The USA has signed but not ratified the UN Convention on the Rights of the Child. In ratifying the International Covenant on Civil and Political Rights, the US entered a reservation stating that \u201cthe United States considers itself bound by article 7 to the extent that \u2018cruel, inhuman or degrading treatment or punishment\u2019 means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth, and\/or Fourteenth Amendments to the Constitution of the United States\u201d. Only the International Covenant on Civil and Political Rights and the UN Convention Against Torture appear to apply in Guam.<\/p><p>&nbsp;<\/p><h3>Human Rights Committee<\/h3><p>([April 2014], CCPR\/C\/USA\/CO\/4 Advance Unedited Version, Concluding observations on fourth report, para. 17)<\/p><p>\u201cThe Committee is concerned about the use of corporal punishment of children in schools, penal institutions, the home, and all forms of child care at federal, state and local levels. It is also concerned about the increasing criminalization of students to tackle disciplinary issues arising in schools (arts. 7, 10, and 24).<\/p><p>The State party should take practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment and should conduct public information campaigns to raise awareness about its harmful effects. The State party should also promote the use of alternatives to the application of criminal law to address disciplinary issues in schools.\u201d<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b30a45fe4\">\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 Guam LAST UPDATED: June 2017 Summary Legality UPR Treaty bodies Research Summary of necessary legal reform to achieve full prohibitionProhibition is still to be achieved in the home, alternative care settings, day care, schools and penal institutions.The Parent and Child Act confirms the right of parents to \u201ctrain and discipline\u201d the child, [&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-2491","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2491","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=2491"}],"version-history":[{"count":3,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2491\/revisions"}],"predecessor-version":[{"id":6211,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2491\/revisions\/6211"}],"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=2491"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}