CORPORAL punishment will not be included in the reviewed Education Act.
While explaining how Fiji’s legislations have been drafted over the past few years, legal drafter David Solvalu said lawmakers were moving away from encouraging such disciplinary actions to be undertaken in schools.
“For corporal punishment, it is unlikely to be an eventual policy outcome because our Constitution under Section 41 expressly states that children have the right to be protected from any form violence,” he said.
“And corporal punishment would be a form of violence.
“So, it is a Constitutional right and section 41 does not provide any specific limitations.
“Of course, it can be argued there are limitations under Section 6 but those limitations that have to undergo a necessity test which means we can only limit these rights if it’s necessary which is a very high threshold.”
Mr Solvalu said corporal punishment policies would also go against Fiji’s international obligations.
“For example, the Convention on the Rights of a Child where the Committee under the CRC had made it clear that corporal punishment would be something that would basically contradict those rights under the Convention.
“So, we have both the international treaty law, and we have got the supreme law, the Constitution, that would prevent us from bringing back corporal punishment.”
He said the State’s movement around laws related to children and the welfare of students also reflected this.
“The Denarau Declaration also makes references to creating an early education system where children are safe from abuse or violence.
“So that is that an indication of the direction of where the State is going.”
Mr Solvalu is part of a legal team and Education professionals currently carrying out consultations on the Education Act 1966 Review.
