Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The Penal Code (amended 2004) recognises the right of parents to exercise authority over their children, and punishes abuse of this authority.

Children have limited protection from violence and abuse under the Family Code (1984), the Penal Code, the Code of Criminal Procedure (1966, amended 2004) and the Code of Civil Procedure (1975, amended 1990). The Penal Code punishes assault and battery (article 269), with punishments increased if the victim is a minor and the perpetrator is a parent, a person in authority, or a person caring for the child. Article 34 of the Constitution (1976, amended 1996) states: “… the State guarantees the inviolability of the human person. All forms of physical or moral violence or affronts to human dignity are forbidden.”

Schools

Corporal punishment is prohibited in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not among the permitted measures available to the courts in articles 444 and 445 of the Code of Criminal Procedure.

There appears to be no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions, but this needs confirmation. Applicable law includes Law No. 05-04 on the structural code of the penitentiary organisation and the social rehabilitation of convicts (2005) and Ordinance No. 73-3 relating to the protection of children and young persons. Article 34 of the Constitution (see above) applies.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. The provisions against violence and abuse in the Penal Code, the Code of Criminal Procedure and the Constitution (see above) apply.

Workplace

No information.

Prevalence research

Research reported in January 2008 found that of 1,700 Algerian families, 70% whip their children and use violence for disciplinary reasons. The most commonly used implements in corporal punishment were found to be rocks and shoes; parents also reported using their hands to beat children’s faces and heads. Punishments often resulted in injuries and bruising. (Reported in Echorouk Online, 6 January 2008)

Recommendations by human rights treaty bodies

“The Committee notes with concern that corporal punishment is lawful in the home and that, according to a survey in 1999, it is widely accepted in society as a form of discipline. The Committee also notes with concern the lack of an explicit prohibition of corporal punishment in alternative care settings. Notwithstanding the fact that corporal punishment is prohibited in schools, the Committee remains concerned that it is still used as a disciplinary measure.

“The Committee urges the State party to adopt legislation explicitly prohibiting corporal punishment in the home, in public and private alternative care, in schools and in all other settings, and to conduct public education and awareness-raising campaigns promoting children’s right to protection from all forms of violence as well as alternative, participatory, non-violent forms of discipline. In addition, the Committee recommends that the State party improve the effectiveness of the monitoring system in order to ensure that abuse of power by teachers or other professionals working with and for children does not take place in schools or other institutions.”
(12 October 2005, Concluding observations on second report, CRC/C/15/Add.269, paras. 41 and 42)

“The Committee is concerned at the lack of appropriate measures to combat and prevent ill-treatment and abuse within the family, and at the lack of information on this matter. The Committee is further concerned that disciplinary measures in schools often involve corporal punishment, although it is prohibited by law.

“The Committee recommends that special attention be given to the problems of ill-treatment and abuse, including sexual abuse, of children within the family and corporal punishment in schools, and stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence on children, in accordance with article 19 of the Convention. The Committee also suggests that comprehensive studies on these problems be initiated in order to understand them better and to facilitate the elaboration of policies and programmes, including rehabilitation programmes, to combat them effectively.”
(18 June 1997, CRC/C/15/Add.76, Concluding observations on initial report, paras. 21 and 35)

Committee Against Torture

“Tout en notant avec satisfaction que les châtiments corporels à l’égard des enfants sont interdits à l’ école, le Comité demeure préoccupé par l’absence de disposition dans la législation de l’État partie prohibant le recous a cette pratique dans le cadre de la famille. Le Comité note par ailleurs avec preoccupation l’absence de disposition dans sa legislation interne prohibant la violence domestique à l’égard des femmes. (art.16)

L’État partie devrait incorporer dans sa legislation interne une disposition interdisant le recours aux châtiments corporels à l’égard des enfants dans le cadre familial et prohibant la violence domestique à l’égard des femmes.”
(15 May 2008, CAT/C/DZA/CO/3 Advance Unedited Version, Concluding observations on third report, para. 19)