Save the Children Fiji calls for removal of ‘lawful and moderate chastisement’ clause in the proposed Constitution

Save the Children Fiji calls for removal of ‘lawful and moderate chastisement’ clause in the proposed Constitution
Save the Children Fiji Program Manager John Mausio (Picture: Save the Chidlren Fiji)
Save the Children Fiji is calling for the removal of a proposed constitutional provision that would allow the “lawful and moderate chastisement” of children for correction, warning that it could undermine protections against violence.

The organisation says the proposed exception in the Constitution (Amendment) Bill 2026 is open to interpretation and could be used to justify physical punishment or other harmful behaviour towards children.

Under the proposed amendment, children would continue to have the right to protection from abuse, neglect, harmful cultural practices, violence and inhumane treatment and punishment.

However, the Bill would add an exception allowing “lawful and moderate chastisement for the purposes of correction.”

Save the Children Fiji Program Manager John Bryan Mausio says Fiji’s Constitution should provide children with clear and unequivocal protection from all forms of violence.

Mausio says the proposed provision sends the wrong message at a time when Fiji should be strengthening efforts to prevent violence against children and promote positive, non-violent approaches to parenting and discipline.

Mausio says the phrase “lawful and moderate chastisement” is open to interpretation and could create uncertainty over what conduct is considered acceptable.

He says there is a risk the exception could be used to justify harmful behaviour towards children.

He says there should be zero tolerance for violence against children, regardless of the intention behind it.

The organisation says the debate should not be framed as a choice between discipline and no discipline, but should focus on positive discipline approaches that teach responsibility, accountability and respect without violence, humiliation or fear.

It says positive discipline includes setting clear expectations and boundaries, using age-appropriate consequences, encouraging positive behaviour and helping children understand the impact of their actions.

The organisation also cites World Health Organization research which has found that corporal punishment can harm children’s physical and mental health, increase behavioural problems and carries a risk of escalating into more serious violence.

Mausio says Fiji has made important progress in strengthening child protection and promoting children’s rights, and any constitutional amendment should reinforce rather than dilute those protections.

He says Fiji ratified the United Nations Convention on the Rights of the Child in 1993 and has since made commitments to invest in the welfare and protection of children.

Mausio says the proposed amendment contradicts those commitments and could compromise the effectiveness of child protection systems, including the national child helpline.

He says it has worked with the Government, including the Ministry of Women, Children and Social Protection and the Ministry of Education, to strengthen national efforts to prevent violence, harm and abuse against children.

The organisation maintains that the provision permitting “lawful and moderate chastisement” must be removed and that the Constitution should provide children with consistent protection from all forms of violence.

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