This advice from the MoP and OAG is interesting because there is conflicting legislation currently in
existence. The Education Act 2009 prohibits the use of corporal punishment by teachers,60 yet it is still
covered by section 14 of the Infants Ordinance 1961 allowing the right to administer ‘reasonable
punishment’.61 The advice is interesting because it indicates that both offices, when faced with conflicting
legislation have decided to conclude that any physical discipline amounts to assault. The natural
assumption would be then that both offices also view any corporal punishment used by parents in the
same light too.
There is comprehensive evidence to suggest that corporal punishment in schools does not have the
intended effect of raising children to be disciplined.62 Instead, it increases risks of anti-social behaviour
and other negative impacts already identified in this Report. This has a knock-on effect on family violence
and it is through this link that the Report must afford the matter some attention.
The issue of inter-school fighting and violence at schools has attracted much attention over the past five
years which prompted MESC to reconsider the ban on corporal punishment before the intervention of the
MoP and the OAG. In February 2018, an expelled student was alleged to have attacked a teacher. 63
However, it later transpired that the teacher is alleged to have been beating a number of students for
matters such as their uniform or haircuts and at one point punched one in the face. 64 Should those
allegations be proven it highlights once more how violence begets violence.
The Inquiry spent time considering this topic and conducted research into the effects of corporal
punishment in schools and overwhelmingly found evidence to suggest that it does not achieve its aims,
has significant negative societal outcomes and is a gross violation of the Fa’asamoa and human rights.
Inquiry Info Point 14: A controlled case study of the impact of corporal
punishment in schools
America is an excellent case study on corporal violence as it has a number of States
which have banned corporal punishment and a number which have not, making
for a large controlled comparison. The impact of corporal punishment appears
undeniably negative:65
Of the states with the 10 highest murder rates, 8 allow corporal punishment;
60 Education
Act 2009, section 23.
Infants Ordinance 1961, section 14.
62 See Global Initiative to End all Corporal Punishment of Children. “Negative Effects of Corporal Punishment.” Accessed at
https://endcorporalpunishment.org/resources/research/; Human Rights Watch. “Corporal Punishment in Schools and Its Effect
on Academic Success.” Joint Statement by Human Rights Watch and ACLU. (15 April 2010). Retrieved from
https://www.hrw.org/news/2010/04/15/corporal-punishment-schools-and-its-effect-academic-success-joint-hrw/aclustatement; Save the Children. (1999). “Awareness Campaign against corporal punishment of children in families.” Sixth Session.
Retrieved from http://harprathmik.gov.in/pdf/rte/corporal%20punishment.pdf.
63 Radio NZ. “Samoa teacher files assault complaint against student.” (28 February 2018). Retrieved from
https://www.radionz.co.nz/international/pacific-news/351472/samoa-teacher-files-assault-complaint-against-student.
64 See Samoa Observer. “Vice Principal and teacher charged.” (16 March 2018). Retrieved from
http://www.samoaobserver.ws/en/16_03_2018/local/31150/Vice-Principal-and-teacher-charged.htm.
65 Annie Reneau. “Has a decrease in spanking led to higher crime rates? Nope.” Accessed at
http://www.scarymommy.com/decrease-spanking-higher-crime-rates/. Document 88 Inquiry anthology.
61
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