Letter of the Day | Promises on ending corporal punishment fallen by wayside

THE EDITOR, Madam:

On July 18, 2021, Nashawn Brown, who was four years old, was brutally beaten by his stepfather for ‘eating slowly’, resulting in his death. In response to this tragic incident, Prime Minister Andrew Holness said his administration would end corporal punishment in all settings. His proposal stood as a recurring cry, from as early as 2008 during his days as the Education Minister, and it was met with much support from members of parliament and the public.

Four years later, Nashawn’s stepfather has been sentenced to a mere six years in prison on a manslaughter charge – a sentence that pales in severity to the brutal punishment meted out Nashawn.

This unfortunate incident clearly highlights the long-standing issues with how we go about sentencing, particularly for offences against children. It also raises alarm about our country’s systematic failure to protect our children from harm, particularly in our lack of proactivity in repealing harmful laws, putting forward strong legislation and policies and implementing effective, sustainable programmes.

Currently, corporal punishment is only banned in early childhood institutions and places of safety (such as children’s homes). There is no formal outlawing of corporal punishment at primary and secondary schools or in the home. In January 2024, a total ban on corporal punishment was among the recommendations made by the National Violence Prevention Commission. Months later, in May, then Education Minister, Fayval Williams, announced delays in the ban on corporal punishment. A full year later – there have been no updates.

Across several administrations, there has been a consensus that corporal punishment is harmful to our nation’s children. Jamaica, having ratified the United Nations Convention on the Rights of the Child, has a duty to protect our children from any form of violence, including when they are in the care of their parents/guardian. However, there remains a common law practice to “inflict reasonable and moderate” punishment on children, which conflicts with our obligations to ensure children are protected from harm. Further, the government’s continued failure to ban corporal punishment is in direct contradiction to the Charter, which states that every child has the right to be protected by virtue of being a minor, part of a family, society and the State.

This continued delay and laid-back approach to child protection calls into question whether, as a country, we are truly dedicated to upholding the rights and freedoms of our children. There is hesitancy to implement legislation and strong policies for those who need them most. The repeated calls to outlaw corporal punishment are among many others on the long laundry list of empty promises made by our policymakers to protect our most vulnerable. The primary role of parliamentarians is to be legislators and the continued delays and inaction is tantamount to negligence of core duties.

In the coming weeks, Jamaicans will have the opportunity to vote for the next government. We need to see policymakers who are serious about child protection – leaders who won’t just speak in parliament but will act decisively in the best interest of our children. At the top of the agenda, we need to see a complete ban on corporal punishment in all settings; extensive amendments to the Child Care Protection Act, the Sexual Offences Act and the Education Act; and the revision of sentencing guidelines around offences committed against children.

SHANNIQUE BOWDEN

Executive Director

Jamaica Youth Advocacy Network