CORPORAL PUNISHMENT OF CHILDREN IN TONGA – A VIOLATION OF CONSTITUTIONAL RIGHTS

Abstract

Corporal punishment of children is pervasive throughout the Pacific Island nation of Tonga. In May 2014, a mother was imprisoned for causing the death of her 14-year-old daughter who was beaten with a stick, watering hose and hammer and left to die on her living room floor. Tonga remains in a group of 39 countries that retain corporal punishment of children as a legal sanction for a crime and has defied recent calls during the Universal Periodic Review to abolish these laws. Despite the Tongan Court of Appeal observing corporal punishment to be a violation of the Constitution of Tonga and the jus cogens right to freedom from torture, the court has yet to suspend the operation of these laws. This article argues that the court has failed to protect the fundamental rights guaranteed to children and uphold the Constitution as the supreme law of Tonga. Analysis of the Constitution and the presentation of literature detailing the pervasive and destructive nature of corporal punishment in Tonga highlights the material extent of this injustice. This supports a call for the complete legislative prohibition of corporal punishment in Tonga, including in the criminal justice system, schools and the home.