Australia - Briefing for the Human Rights Council - Universal Periodic Review (10th session) 2011

Oct 22, 2026

Briefing for the Human Rights Council on universal periodic review (10th session, 2011), addressing corporal punishment of children in Australia. It explains how corporal punishment remains lawful in parts of the home, schools, penal and alternative care settings through “reasonable chastisement” and related legal defences, while noting prohibitions in some jurisdictions. It highlights repeated treaty body recommendations to prohibit all corporal punishment in every setting, including at home, and urges legislation across all states and territories, including repeal of defences.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages2

Reading Time5 min

AccessFree to download

Summary

1 Legality of corporal punishment in Australia

1.1 Corporal punishment in the home

1.2 Corporal punishment in schools

1.3 In the penal system

1.4 With regard to alternative care settings

2 Recommendations by human rights treaty monitoring bodies

AUSTRALIA BRIEFING FOR THE HUMAN RIGHTS COUNCIL UNIVERSAL PERIODIC REVIEW – 10th session, 2011 From Peter Newell, Coordinator, Global Initiative [info@endcorporalpunishment.org](info@endcorporalpunishment.org) Corporal punishment of children breaches their rights to respect for human dignity and physical integrity and to equal protection under the law. It is recognised by the Committee on the Rights of the Child and other treaty bodies, as well as by the UN Secretary General’s Study on Violence against Children, as a highly significant issue, both for asserting children’s status as rights holders and for the prevention of all forms of violence. The Global Initiative to End All Corporal Punishment of Children ([www.endcorporalpunishment.org](www.endcorporalpunishment.org)) has been regularly briefing the Committee on the Rights of the Child on this issue since 2002, and since 2004 has similarly briefed the Committee Against Torture, the Committee on the Elimination of Discrimination Against Women, the Committee on Economic, Social and Cultural Rights, and the Human Rights Committee. There is growing progress now across all regions in challenging this very common form of violence against children. But we are concerned that many States persist in ignoring treaty body recommendations to prohibit and eliminate all corporal punishment. We hope that the UPR Process will give particular attention to states’response, or lack of response, to the concluding observations from treaty bodies, on this and other key issues. In June 2006, the Committee on the Rights of the Child adopted General Comment No. 8 on “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”, which emphasises the immediate obligation on states parties to prohibit all corporal punishment of children, including within the home. Other treaty bodies, and regional human rights mechanisms, have condemned all corporal punishment. In October 2006, the report of the UN Secretary General’s Study on Violence against Children was submitted to the General Assembly. It recommends universal prohibition of all corporal punishment as a matter of priority. Summary This briefing describes the legality of corporal punishment of children in Australia despite the repeated recommendations of the Committee on the Rights of the Child and other treaty monitoring bodies. We hope the Review will highlight the importance of prohibiting all corporal punishment of children in all settings, including the home, and urge the Government to ensure that legislation to achieve this is adopted in all states and territories, including through the repeal of all relevant legal defences. 1 Legality of corporal punishment in Australia 1.1 Corporal punishment in the home is regulated at state level, and is lawful throughout Australia under the right of“reasonable chastisement” and similar provisions.1 Under s61AA of the New South Wales Crimes Act, as amended in 2001, physical punishment by a parent or caregiver is considered unreasonable if the force is applied to a child’s head or neck, or the force is applied to any part of the body in such a way as to cause, or threaten to cause, harm to the child which lasts more than a short period; in such cases the defence of“lawful correction”does not apply. In Tasmania in 2003, the Law Reform Institute recommended the abolition of the defence of“reasonable correction” from criminal and civil law, but no changes in the law have been made. 1.2 Corporal punishment in schools is regulated at state level. It is prohibited in government and independent schools in Australian Capital Territory, New South Wales, Tasmania and Victoria. It is prohibited in government schools in Western Australia, but the use of force “byway of correction” is lawful for schoolteachers under s257 of the Criminal Code Act and provisions for caning of boys in the Country High School Hostels Authority Act Regulations 1962 h

FAQs

What human rights concerns does the briefing raise about corporal punishment of children in Australia?

Corporal punishment is described as violating children’s rights to respect for human dignity and physical integrity and equal protection under the law. The briefing links it to broader prevention of violence against children.

How is corporal punishment regulated in the home according to the briefing?

It is regulated at state level and is described as lawful across Australia under “reasonable chastisement” and similar provisions, with some circumstances making physical punishment unreasonable (e.g., harm lasting more than a short period). The briefing also notes lack of legal change in Tasmania despite a recommendation.

What does the briefing recommend regarding laws across Australia?

It urges the UPR review to highlight the importance of prohibiting all corporal punishment in all settings, including the home, and to require the Government to adopt legislation in all states and territories. This includes repealing relevant legal defences to ensure comprehensive prohibition.

Oct 22, 2026

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