The Fiji Human Rights and Anti-Discrimination Commission has called on Parliament and Government to prohibit corporal punishment and remove the phrase "lawful and moderate chastisement" from section
40(1)(e) of the Constitution Amendment Bill, and promote positive, non-violent forms of childcare and discipline.
The Commission has raised serious concern over the "child-rights" provision under section 40 of the Bill, particularly the inclusion of moderate chastisement as a form of correction and discipline.
Commissioner, Alefina Vuki says while section 40(1)(e) of the Bill confirms a child's right to protection from abuse, neglect, harmful cultural practices, including any form of violence and inhumane treatment and punishment, it undermines that protection by permitting lawful and moderate
chastisement for the purposes of correction and discipline.
She says this is both concerning and problematic.
Vuki says the Commission's position is clear; there can be no compromise on protecting children
from violence.
She stresses the standard should be zero tolerance for violence against children and not be moderate punishment.
Vuki adds a law cannot claim to protect children from violence while simultaneously legitimizing
certain forms of violence against them.
She says if the purpose of the law is to safeguard and protect children from all forms of harm and abuse, its message must be clear and consistent: "zero tolerance for violence against children".
The Commissioner says the disturbing video that went viral on social media of a child being subjected to physical violence, inflicted by an adult, serves as a reminder of why the law must be clear about what is and is not acceptable treatment of a child.
She says Fiji as a State Party to the United Nations Convention on the Rights of the Child is required
to ensure that its laws and policies are consistent with its obligations under the Convention.
Article 19 requires States to protect children from all forms of physical or mental violence while in the care of parents, guardians or others responsible for them.
The United Nations Committee on the Rights of the Child has made it clear that corporal punishment goes against children's dignity and physical safety and has called upon States to prohibit corporal punishment including forms described as "moderate" or "reasonable" chastisement.
The World Health Organization published in May this year that "corporal punishment, however mild or light, carries an inbuilt risk of escalation".
It referred to studies and evidence which showed that "corporal punishment harms children's physical and mental health, increases behavioural problems over time and has no positive outcomes."
The Commission stresses that children need guidance, support, patience, and counselling when they do something wrong.
Vuki says they need to understand the consequences of their actions and how to make better choices, and that discipline does not have to hurt or cause harm.
We sent questions to Minister for Education, Aseri Radrodro on his stand. He has not responded since Saturday.
