Civil Law

This document discusses the issue of reasonable parental physical violence in Fiji and the effectiveness of related laws. It explores the application of Article 19 of the Convention on Rights of Child and analyzes a specific case of assault. The document also suggests the need for amendments in the laws to address physical abuse towards children.

Running head: CIVIL LAW
Civil Law
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Here the issue involved is whether or not reasonable parental physical violence is
applicable in law in Fiji. Another issue is whether or not the laws relating to reasonable
parental physical violence is effective or does the legislature needs to amend it for the
betterment of the citizens of the country Fiji.
The rule involved in this matter stated in Article 19 of the Convention of Rights of
Child. It is stated that all kinds of measures like the administrative, legal, social, educational
measures must be taken to protect a child from all types of physical as well as mental
violence, abuse, injury, neglect, exploitation, and sexual abuse, maltreatment while the child
is under the supervision of his parents or legal guardian. Here the child must be taken care of
and must be protected from any kind of mental or physical torture. Administrative measure
includes actions to stop child abuse. The laws of the country should be strong enough to
protect a child from any kind of harassment. It is also the responsibility of the society to
protect a child. A child must be thoroughly educated so that he can understand the abuse
happening to him as then proper steps must be taken to stop it.
Here, the mother of a fourteen years old girl has been charged with assault because of
whipping her daughter as she was caught by her mother for kissing a boy. In Fiji whipping a
child is a quiet common custom. People believe “children should be seen and not hear”. From
the mother’s point of view she is correct in whipping her child as it is common there. The
reason for whipping is also correct from the mother’s point of view as she caught her child
kissing a boy. Any mother would have done that. It was also been stated by the mother that
whipping the child was for the own good of the child to correct her and also to stop her from
getting physically involved with the boy and thereby to stop her daughter from getting
pregnant. Even the girl did not suffer much injury because of the whipping. From the social

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point of view the mother is correct. From the legal point of view the law states that a child
must be protected from any kind of physical assault or abuse according to article 19 of the
Convention on Right of Child. (Straus, M.A., 2017) In this case it also must be stated that
reasonable physical violence can be necessary in some cases and it also comes as a defence of
assault but child abuse is not correct. (Van der Kolk, B.A., 2017) On the contrary according
to section 42(1) of Family Law Act any kind of physical abuse towards a child is an assault.
The girl did not suffer any permanent injury but she indeed got welts on her legs which
therefore needed proper clinical treatment. Though it can be stated that what has happened to
the girl is an assault from the point of view of law but it must also be stated that according to
the social customs and from the point of view of a mother, the mother was correct because
what she did was reasonable which means to stop her child from getting physically involved
with a boy and thereby getting pregnant. As the mother proves that her actions were
reasonable so whipping the child is a defence to assault in law. Therefore based on the facts
of the case it can be stated that the chastisement was reasonable and it does not amount to an
assault. The mother can be released from the charges of assault by the judges. According to
the Constitution, Fiji, 1997 Article 25(1) it is stated that everyone has the right to freedom
from any torture it can be both physical and mental and from cruel. Keeping in mind this law
the mother can also be held responsible. Taking into account the case of Ali v The State,
FJHC 123, HAA0083.2001 (21 March 2002) it can be decided by the judge that a assault has
occurred and it and strict laws are implemented for the protection of the child according to
Convention of Rights of Child.
The next question which comes now is whether or not the laws needs to be amended
in this respect. Here it can be stated that some amendments are necessary. Like it is stated
reasonable parental chastisement is a defence foe an assault. The term reasonable must be
defined thoroughly so that the specific definitions coming under the term reasonable can be

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clear and no confusion comes while deciding a case. More than seven hundred cases of
physical assault has been registered in Fiji in the year 2018. Therefore proper strict laws
should be made to eradicate it.

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Reference
Ali v The State, FJHC 123, HAA0083.2001 (21 March 2002)
Article 19 of the Convention on Right of Child
Constitution, Fiji, 1997 Article 25(1)
Section 42(1) of Family Law Act
Straus, M.A., 2017. Ordinary violence, child abuse, and wife beating: What do they have in
common?. In Physical violence in American families (pp. 403-424). Routledge
Van der Kolk, B.A., 2017. This issue: child abuse & victimization. Psychiatric Annals, 35(5),
pp.374-378