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25. The Government recently proposed an amendment to the Education Act 2009 to allow
‘reasonable force’ to be used by teachers in schools.5 NHRI Samoa, considers this amendment
inexplicable. Approval would have a grave impact on children because reasonable force (physical
or otherwise) and violence cannot easily be distinguished, one from the other. NHRI Samoa in a
submission to the relevant Parliamentary committee has pleaded for consideration of the
proposed amendment to be postponed until Parliament has considered the Inquiry report and its
recommendations. (See Recommendation 13).
26. The Inquiry report also points to the lack of sexual education content in the current school
curriculum. It also stresses the need for appropriate language to be developed to enable frank
discussion of sexual issues with children and among people in general for purposes of greater
enlightenment. (See Recommendation 12).
Article 11: Employment
27. The pay disparity between women and men village representatives is noted in the Inquiry report.
This situation is not only discriminatory but it reinforces gender hierarchy and its impact on family
violence (See Recommendation 19).
28. NHRI Samoa also notes that issues and recommendations regarding employment are discussed in
the 2015 and 2016 SHRRs.6 Continuing examination of the situation of those in informal
employment is needed.
Article 12: Health
29. There is a lack of focus on family violence as a matter of public health. Unsurprisingly therefore,
health professionals are not trained to appropriately deal with patients who are victims of family
violence. There is no screening process, insufficient allied services for referral and a need to
properly document cases of family violence.
30. Another major concern is the lack of adequate and quality counselling services for victims of family
violence.
31. The above issues are discussed in the Inquiry report with proposals as to ways to move forward
(See Recommendations 26 and 27).
See Member’s Pre-Sitting Briefing Summary June 2018. Retrieved from http://www.palemene.ws/new/members-presitting-briefing-summary-june-2018/. Accessed 9 July 2018. See also Mata’afa Keni Lesa. ““Reasonable force under
reasonable circumstance” could kill a student.” Samoa Observer. (3 July 2018). Retrieved from
http://www.samoaobserver.ws/en/03_07_2018/editorial/34652/%E2%80%9CReasonable-force-under-reasonablecircumstance%E2%80%9D-could-kill-a-student.htm. Accessed 9 July 2018.
6
Full list of recommendations of the 2016 SHRR at Appendix C and Full list of recommendations of the 2015 SHRR at
Appendix B.
5