Case Study 1: Tavita,* the step-child beaten to death Tavita was an 8 year old boy living with his mother and step-father Petelu. One day Petelu’s niece told him that Tavita had burnt her shoes and had also cut the sole of Petelu’s biological son foot with a razor. Tavita was at school but Petelu sent for him immediately. Once he arrived home, Petelu took him into another room and beat him with a hose until his mother intervened and pleaded for him to stop. Soon afterwards Tavita began experiencing breathing problems and the pupils of his eyes became dilated. He died before they could get him to hospital. Petelu was initially sentenced to three and a half years in prison after an argument put forward by the defence that Petelu himself had been physically abused by his father and that this offence demonstrated the impact of such abuse. The sentence was appealed by the Office of the Attorney General and the Court of Appeal held that the rights contained within the Convention on the Rights of the Child for children not to be subjected to cruel treatment or punishment should be applied and increased the sentence to five years. *Names changed to protect the identities of those involved Petelu was under the mistaken view that physical beatings of this nature were necessary for the child to grow up in a respectful manner because that was the same way he was taught by his father. What was intended to be physical discipline led to the tragic death of Tavita. It is clear that he was deprived from his right to life, guaranteed by Samoa’s Constitution and the CRC. It also violated many of the principles of the Fa’asamoa, in particular the vā tāpuia between parent and child, where Tavita’s parent did not carry out their responsibilities as parents to ensure Tavita is safe (saogalemu), protected (malupuipuia,) and of course loved (alofa). The Bible is equally clear on this matter as well, stating ‘you shall not murder’. 2 Tavita’s case is a tragic reminder in this Report of how human rights, Fa’asamoa and Faith are founded on very similar principles which in this case have been truly violated. The CRC was used in this case to uphold the Fa’asamoa principle of amiotonu (justice) demonstrating a practical way in which human rights can strengthen cultural norms. Tavita’s case also introduces the concept of an inter-generational cycle of violence where his father believed the punishment to be just because it was the way he was raised as a child. 2 Refer to Bible, Exodus 20:13.