Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

The Constitution (1998) recognises a child’s right to protection from violence and mistreatment “which damage health and morality or risk his or her life or normal development” (article 54.3). Violence resulting in injuries or death is covered by article 86 of the Criminal Code (1995, amended 1998), which prohibits “torture, as well as any other degrading or inhuman treatment”, and severe cases of maltreatment and abuse of children are acts punishable by fines or imprisonment (articles 124-125). The Family Code (2003) (Law No. 9062) contains a number of articles aimed at protecting children from violence in family relationships. As at November 2006, a draft law on domestic violence was in preparation.

Schools

Corporal punishment is prohibited in schools. Article 36.2 of the Fundamental Normative Provision, based on Law No. 7952 “For the Pre-University Educational System” (1995, amended 2000) states: “The individuality and human dignity of the pre-school child and pupil is respected. It is protected from physical and psychological violence, discrimination and isolation. In kindergarten and schools, it is categorically prohibited to have children made subject to corporal punishment or hazing.” The Decision of the Council of Ministers No. 248 (28 May 1999) states the commitment by private educational institutions to observe the Convention on the Rights of the Child.

Penal system

Corporal punishment is unlawful as a sentence for crime and is considered unlawful as a disciplinary measure in penal institutions, though there is no explicit prohibition in relation to juvenile detention facilities. It is not a permitted punishment under the Criminal Code (articles 29-30). The Criminal Procedure Code (1995) states that “no one may be subjected to torture, punishment or cruel treatment” (article 5.2), and “a person sentenced to imprisonment shall be provided humane treatment and moral rehabilitation” (article 5.3). These provisions are also in the Constitution (articles 25 and 28). Law No. 8553 “For the State Police” (1999) states that police officers may use “reasonable” force (article 27.1), though they should not use “actions which are not based in the law, such as punishment or inhuman or degrading treatment or any form of torture” (article 27.2). Other applicable legislation includes Law No. 8328 “For the Rights and Treatment of the Convicts” (1998).

Alternative care

There is no explicit legal prohibition of corporal punishment in other institutions and forms of childcare. Extreme violence is prohibited under the Constitution and the Criminal Code (see above). Other applicable legislation includes Law No. 7710 “For the Social Assistance and Care” (2000) and Law No. 659 on the social service standards for children in institutions (2005).

Workplace

No information.

Prevalence research

Research in 2000 by the Children’s Human Rights Centre of Albania, involving interviews with 35 children in detention centres, found that the use of torture by police officers during arrest and investigation was widespread. (Hazizaj, A. & Thornton Barkley, S., 2000, Awaiting Trial: A report on the situation of children in Albanian police stations and pre-trial detention centres, Children’s Human Rights Centre of Albania)

Interview research with juveniles in prisons by the Children’s Human Rights Centre of Albania found that corporal punishment was commonly used as a punishment when internal prison rules were broken. (Coku, B. & Kotorri, V., 2000, Juveniles in Albanian Prisons: A report on the situation of juveniles in Albanian prisons, Children’s Human Rights Centre of Albania)

Recommendations by human rights treaty bodies

“The Committee is concerned that corporal punishment remains lawful in the family, and continues to be used as a disciplinary method.

“The Committee urges the State party to expressly prohibit by law all corporal punishment in the family. The State party is further encouraged to undertake awareness-raising campaigns and education programmes on non-violent forms of discipline, and to conduct research into the prevalence of corporal punishment of children in the family.”
(31 March 2005, CRC/C/15/Add.249, Concluding observations on initial report paras. 50 and 51)