Exploring the prospect of litigation to end corporal punishment in the home in Zimbabwe

Abstract

Corporal punishment of children in the home in Zimbabwe is very common and acceptable. The courts, however, have declared the practice in judicial sentencing and school disciplining as violation of human dignity and freedom from torture or cruel, inhuman or degrading treatment or punishment. The Constitution of Zimbabwe accords children constitutional rights which amongst others include the right to freedom from all forms of violence from public or private sources. Despite constitutional provisions, and Constitutional Court ruling, prohibiting the practice in judicial sentencing and school disciplining, the legislature has been reluctant to enact laws banning the practice in the home. The government however, has made commitments in its State report to the CRC and ACERWC Committees to ban corporal punishment in all settings. The research explores the prospect of litigation in prohibiting corporal punishment in the home.