Maintaining Discipline in Tanzanian Schools

A Discourse on Corporal Punishment as a Violation of Human Rights

Abstract

This article examines the existing law and challenges on the use of corporal punishment in schools in relation to human rights infringement. A special focus is made on corporal punishment as human rights infringement against the backdrop of the international conventions, the Constitution of the United Republic of Tanzania (URT), 1977, the Law of Child Act 2009 and the Education Corporal (Punishment) Regulation 1979 under the National Educational Act. It discusses the effects of the use of corporal punishment and the resultant abuse of human rights. Secondary data is employed, whereby documentary review has been used, books, journal articles, newsletters, papers, internet sources and reports were reviewed. It is observed that, the ratification of the Convention on the Rights of the Child and other international conventions, resulted into the Parliament responding by enacting the Law of Child Act of 2009. However, this Act neither prohibits corporal punishment, nor does it attempt to repeal the provisions for it in the Education Act and its Regulations. Instead, the use of corporal punishment is still justified by the Education Corporal (Punishment) Regulations. The article concludes that corporal punishment violates human rights. Finally, the article recommends for legislation which shall totally abolish corporal punishment and introduce alternative remedial strategies.