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Illustration of Corporal punishment is unlawful: Sharma

Fiji’s Fight Against Corporal Punishment: A Call for Change

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The Fiji Human Rights and Anti-Discrimination Commission (FHRADC) strongly denounces the recent call by the Fijian Teachers Association for the reinstatement of corporal punishment in schools. Chair of the Commission, Pravesh Sharma, emphasized that such practices are unconstitutional and illegal, contradicting children’s rights to a safe and supportive education free from violence.

Sharma highlighted that corporal punishment is widely acknowledged as a form of violence that undermines children’s dignity and violates their rights as guaranteed by the Constitution of Fiji. According to Section 11 of the Constitution, all individuals, including children, are entitled to protection from any form of torture, cruel, inhumane, or degrading treatment, regardless of the setting—be it at home, school, or elsewhere. Moreover, Section 41 specifies that every child should be safeguarded from various forms of abuse, neglect, and violence.

The chair also reminded that Fiji has ratified the United Nations Convention on the Rights of the Child (CRC), which mandates the government to protect children from all physical or mental violence, injury, or abuse. The CRC’s Article 37 explicitly states that no child should be subjected to torture or degrading treatment, and Article 19 extends the obligation to implement measures that protect children from all forms of violence.

Sharma referenced a pivotal court ruling from 2002 in the case Ali v State, which deemed corporal punishment in schools unconstitutional. He noted that the Ministry of Education’s Child Protection Policy commits to shielding children from abuse and maintaining a zero-tolerance stance against child abuse in schools.

Regrettably, despite these legal frameworks, there are still reports of corporal punishment occurring in schools. The Commission has received distressing complaints, including a recent incident in which a 15-year-old was beaten with a mop handle and coerced into being slapped by peers. Other reports include severe mistreatment of students, highlighting a troubling trend despite the existing laws.

Sharma reiterated the negative effects of corporal punishment on children’s health and well-being and urged the State and educational stakeholders to ensure a safe environment in schools, advocating for a system that promotes respect and dignity. He concluded by underscoring that there are always alternative, positive disciplinary methods available for managing behavior in both educational and home settings.

In summary, this pushback from the FHRADC reflects a broader commitment to uphold children’s rights and ensure their protection in all environments. Moving forward, it is essential that schools implement positive discipline methods, which not only adhere to constitutional mandates but also foster healthier relationships between educators and students. This fosters hope that Fiji can reinforce its dedication to children’s welfare, leading to a future where education is synonymous with safety and respect.


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