THE constitutional provision allowing “lawful and moderate chastisement” of children should be removed if the terms cannot be clearly defined.
St Joseph Secondary School student Hosanna Waqairapoa raised concerns about the provision, citing the recent incident at Queen Victoria School involving 21 senior boys who allegedly beat 17 Year 11 students.
Making her submission to the Special Committee on the Constitution (Amendment) Bill, Hosanna questioned how the proposed Clause 40(e) would protect children from abuse while allowing moderate chastisement for correction.
“The clause states that children must be protected from abuse, neglect, harmful cultural practices, violence, hazardous or exploitative labour, and inhumane treatment and punishment,” she said.
“However, it permits lawful and moderate chastisement for correction.”
Hosanna questioned who would determine what constituted lawful and moderate chastisement, warning that the provision could be misused by parents, teachers, fellow students and others.
She warned that the provision could create opportunities for further abuse rather than protect children from physical harm.
“There have been so many stories of children being abused violently and even sexually, over the past year.”
Hosanna urged Prime Minister Sitiveni Rabuka not to allow the provision to become a justification for violence against children.
“They must not use these clauses as a scapegoat just because they have not invested the time and the effort to help us become better citizens.”
