Date: September 2003

Four European states breach Social Charter through failure to ban all corporal punishment

In conclusions issued in summer 2003, the European Committee of Social Rights has found four more countries – France, Romania, Slovak Republic and Slovenia – to be not in conformity with article 17 of the European Social Charter.

The Committee monitors the compliance of member states of the Council of Europe with the European Social Charter (1961) and the Revised Charter (1996). Having examined France's latest report, the Committee concludes:

"As regards corporal punishment of children, the Committee notes that according to the report corporal punishment of children is not explicitly prohibited in the home, in school or in other institutions. Although the Penal Code prohibits violence against the person and provides for increased penalties where the victim is under 15 years of age or where the perpetrator is related to the child or has authority over the child. The Committee notes that these provisions of the Penal Code do not necessarily cover all forms of corporal punishment and therefore finds that the situation is not in conformity with the Revised Charter."

On Romania, it concludes:

"The Committee notes that legislation exists protecting children against any form of violence, ill treatment, abuse or neglect while in their parents care. However, it notes that all corporal punishment of children in the family is not prohibited. It notes in this respect that there is a draft children's law including a provision explicitly prohibiting corporal punishment in the family. It wishes to be kept informed of its progress. Meanwhile the Committee concludes that the situation is not in conformity with the Revised Charter on this point."

In 2001, the Committee issued a General Observation, finding that article 17 of the Charters requires prohibition of all corporal punishment and in February 2003 it found Poland to be not in conformity because it had not prohibited corporal punishment in the family. For full details see European Committee of Social Rights.

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