Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, penal institutions and alternative care settings.

There appears to be no confirmation in legislation that parents have a right to administer “reasonable punishment” or any other similar provision, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. The law should explicitly prohibit all corporal punishment and other cruel or degrading forms of punishment by all persons with authority over children, including parents.

Explicit prohibition should be enacted of corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law and in all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and abuse in the Constitution (1998), the Criminal Code (1995), the Family Code (2003) and the Law “On Measures Against Violence in Family Relations” (2006) are not interpreted as prohibiting all corporal punishment in childrearing. The Criminal Code was amended in 2008 by Law No. 9859 with the insertion of article 124b: “Physical or psychological abuse of the child by the person who is obliged to care for him/her is punishable by imprisonment from three months to two years….” This prohibits only corporal punishment which reaches the threshold of “abuse” and is not interpreted as prohibiting all corporal punishment in childrearing.

In September 2008, government and parliamentary representatives signed the Council of Europe’s petition against corporal punishment. In June 2010, a draft “Law On Child’s Rights Protection”, intended to harmonise domestic legislation with international standards, was passed by the Council of Ministers and as at November 2010 was due to be submitted to parliament. We have no details of the provisions in the draft law. During the Universal Periodic Review of Albania in 2009 the Government rejected recommendations to prohibit all corporal punishment of children (4 January 2010, A/HRC/13/16, Report of the Working Group, paras. 70(1) and 70(2)).

Schools

Corporal punishment is explicitly prohibited in schools in article 36.2 of the Fundamental Normative Provision, based on Law No. 7952 “For the Pre-University Educational System” (1995), which 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.”

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted punishment under the Criminal Code. Article 25 of the Constitution states: “No one may be subjected to cruel, inhuman or degrading torture or punishment.”

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions under the Criminal Procedure Code (1995), the Law No. 8328 “On the Rights and Treatment of Imprisoned Individuals”, the General Prison Regulations, the pre-detention regulations and the Constitution, though there appears to be no explicit prohibition.

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings. It is prohibited in mental health service provision under the Mental Health Care Regulation adopted by Order of Minister of Health No. 118 (2007).

Prevalence research

A UNICEF report published in 2010 states that 52% of children aged 2-14 experienced violent discipline (physical punishment and/or psychological aggression) in 2005-2006. Half the children experienced physical punishment while a smaller percentage (6%) of mothers and caregivers thought that physical punishment was necessary in childrearing; non-violent discipline was also widely used, experienced by 70% of children. Nine per cent of children experienced severe physical punishment (being hit or slapped on the face, head or ears or being hit over and over with an implement) and 12% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). Boys were slightly more likely than girls to experience violent discipline: 55% compared to 48%. Children aged 5-9 were more likely to experience violent discipline than those of other ages: 57% of children aged 5-9 compared to 46% of children aged 2-4 and 49% of children aged 10-14. Children living in households with adults with a higher average level of education were less likely to experience violent discipline than those living with less educated adults. No significant differences in children’s experience of violent discipline were found according to household size or engagement in child labour. (UNICEF (2010), Child Disciplinary Practices at Home: Evidence from a Range of Low- and Middle-Income Countries, NY: UNICEF)

According to statistics from UNICEF on violence in the family, in 2005-2006 children with disabilities were more likely to experience severe physical punishment: 12% of disabled children aged 2-9 were hit or slapped on the face, head or ears or hit over and over as hard as possible with an implement, compared with 8% of non-disabled children. Thirty per cent of girls and women aged 15-49 thought that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

A 2006 study involving 1,500 children, 1,500 parents and 1,500 teachers in eight districts of Albania found a high prevalence of corporal punishment in homes and schools. Common forms of violence included pulling children’s ears (experienced by 60.1% of children at least once at home within the last year, and 38.5% of children in school within the last year), pinching (55.7% at home, 36.9% at school), hitting with an object (53% at home, 51.8% at school), and smacking with an open hand on the body (52.6% at home, 34.3% at school) and head (49.2% at home, 35.6% at school). Other reported forms of violence included being punched in the head (7.6% of children at home), grabbed by the throat (12.2% at home, 9.6% at school) and bitten (19.1% at home, 12.8% at school). Over a quarter of children (27.7%) had been bruised by violence at home, 24.5% had been made to bleed, 21.9% had been made dizzy, and 7.9% had lost consciousness. Reported forms of violence in social care institutions included being kicked (78.9%), smacked in the head (68.4%), hit with an object (68.4%), punched on the body (66.7%), grabbed by the throat (35.2%), and punched in the head (25%); 44.5% of children in institutions had been made to bleed by corporal punishment, 42.2% had been made dizzy, and 16.7% had lost consciousness. (Tamo, A. & Karaj, T. (2006), Violence Against Children in Albania, Tirana: Human Development Centre)

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)

Universal Periodic Review

Albania was examined in the first cycle of the Universal Periodic Review process in 2009. The Government rejected the recommendation to prohibit corporal punishment of children (4 January 2010, A/HRC/13/16, Report of the Working Group, paras. 70(1) and 70(2). Examination in the second cycle is scheduled for 2014.