Page 97 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
involve, for example, kicking, shaking or throwing children, scratching,
pinching, biting, pulling hair or boxing ears, forcing children to stay
in uncomfortable positions, burning, scalding or forced ingestion (for
example, washing children’s mouths out with soap or forcing them to
swallow hot spices). In the view of the Committee, corporal punishment is
invariably degrading. In addition, there are other non-physical forms of
punishment that are also cruel and degrading and thus incompatible with
the Convention. These include, for example, punishment which belittles,
humiliates, denigrates, scapegoats, threatens, scares or ridicules the
child.”
From the above, it is evident that the CRC does not endorse any kind
of CP. Nevertheless, it is important to acknowledge that dismissing
CP does not mean rejecting the idea of discipline. In the Hewa
Maddumage Karunapala and others Vs Jayantha Prema Kumara
Siriwardhana and others case, the Supreme Court emphasized
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the importance of parents and adults providing proper guidance to
children, based on their growing capabilities, to ensure their well-
being and help them become responsible members of society. It is
vital to teach children discipline, respect for rules, and a positive
attitude towards a peaceful community from an early age. However,
it is essential to achieve these goals through non-violent means of
discipline that do not cause any physical or psychological harm in
a civilized society.

Furthermore, it should be noted that all significant global proclamations
on human rights prohibit the act of torture, as well as any form of
mistreatment or punishment that is considered cruel, inhuman, or
degrading. Similar terms can be found in several articles, such as
Article 5 of the UDHR, Article 7 of the ICCPR, and Article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading

11 Hewa Maddumage Karunapala and Others v Jayantha Prema Kumara Siriwardhana
and Others [2017] SC/FR/97/2017 https://supremecourt.lk/images/documents/scfr_97_17.
pdf?fbclid=IwAR28O0G308J8TOxiLJlOs7cIYj9yWgp_q3LRcUqQ1NDm5S4iOmqVQRWxdaY
accessed 1 April 2023.
law.faculty@kdu.ac.lk
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