Proposed clause raises child protection concerns

A proposed constitutional clause could legalise physical punishment of children, raising serious concerns about whether Fiji’s Constitution will fully protect children from violence.

Fiji Human Rights and Anti-Discrimination Commissioner Alefina Vuki says the phrase “lawful and moderate chastisement” in Section 40 of the Constitution Amendment Bill conflicts with Fiji’s international human rights obligations.

Vuki warns that, if passed, the clause could allow physical punishment, such as spanking or slapping, to be legally justified.

The Commission highlights that the United Nations Convention on the Rights of the Child, which Fiji has ratified, requires the protection of children from all forms of violence, cruel treatment and degrading punishment.

“Now, when you think about it, Fiji, as a State Party, has international obligations. And this is why we are deeply concerned that the wording goes against its own obligations under this convention. We’ve also pointed out that the World Health Organization has stated that overwhelming scientific evidence shows corporal punishment gives rise to multiple risks to the physical and mental health of children. That is not based on speculation.”

Vuki says that while the Commission submitted its concerns to the Constitutional Review Committee, it was never consulted on the specific wording.

“I don’t think they recommended moderate chastisement. That is from my own reading of their submission to government or to the President. I believe this change may have come from Parliament itself or perhaps a committee tasked with reviewing the Constitutional Review Committee’s report. I think that was the body responsible for introducing the words ‘lawful and moderate chastisement’. In terms of whether we were consulted on the wording, no. And I’m just reacting to this.”

Prime Minister Sitiveni Rabuka says a special parliamentary committee now has 30 days to review the bill and hear public submissions.

“It will first be considered and scrutinised by the Special Committee formed today in Parliament, including consultation with the public and stakeholders. The Special Committee will have an important responsibility. It will not simply be looking at words on paper, but it will have the opportunity to engage with the people, hear their concerns, listen to their experiences, and consider how the proposed constitutional changes may affect their everyday lives.”

The Commission is urging lawmakers to ensure that protecting children from all forms of violence remains central to any constitutional reforms.