Legisprudential and human rights inconsistency of the law regulating school corporal punishment in Tanzania

Résumé fourni par la source

For many years, the administration of corporal punishment in schools has generated considerable debate in Tanzania and beyond. The debates hinge on the questions of whether or not corporal punishment in school should be abolished and, if maintained, how the punishment should be administered. Both questions are pertinent and attract different reactions depending on one’s ideology. In an attempt to strike a balance between maintaining the punishment and regulating its proper administration to avoid the likely negative effects, Tanzania in 2002 introduced the Education (Corporal Punishment) Regulations, 2002 under the Education Act. The overall purpose behind the legislation is to control and regulate the administration of corporal punishment in schools. In spite of its desired positive results, the implementation of this law has caused practical difficulties. Led by principles and theories guiding legislation of subsidiary legislation, penal statutes and human rights standards, this article challenges the Corporal Punishment Regulations for being vague, contradictory, overbroad and, therefore, unenforceable. Besides, the study reveals that the Regulations are generally inconsistent with national and international human rights standards protecting the rights of children and are in conflict with established court interpretations. Thus, the study recommends amendments to the Regulations to address the identified gaps, or to outlaw corporal punishment from the statutory books.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.