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 of a right of parents and others with parental authority to administer physical punishment, but legal provisions against violence are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of corporal punishment in “disciplining” children necessitates a clear statement in law that all corporal punishment, however “light”, is prohibited.

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 Penal Code (2004), the Family Code (1984), the Law No. 72-03 on the protection of childhood and adolescence (1972) and the Constitution (1976, amended 1996) are not interpreted as prohibiting corporal punishment in childrearing. Article 269 of the Penal Code punishes violence against children with the exception of light violence (“a l’exclusion des violences legeres”); article 442 addresses offences against the person and article 442bis punishes light violence, but there is nothing to suggest this prohibits all corporal punishment in childrearing. In 2008 a draft Child Law and a draft domestic violence law were under discussion but we have no further information; the Criminal Code and Code of Criminal Procedure were under review and there were plans to review legislation in light of human rights standards.

Schools

Corporal punishment is prohibited in schools in article 21 of Law No. 08-04 (2008): “Corporal punishment, abuse and all forms of moral harassment is prohibited in schools. Violators of the provisions of this section are liable to administrative sanctions, without prejudice to prosecution.” (unofficial translation).

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 is no explicit prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is lawful in alternative care settings.

Prevalence research

A UNICEF report published in 2010 states that 87% of children aged 2-14 experienced violent discipline (physical punishment and/or psychological aggression) in 2005-2006. Three quarters of children experienced physical punishment, while a much smaller percentage (16%) of mothers and caregivers thought that physical punishment was necessary in childrearing, and non-violent discipline was also very widely used: experienced by 90% of children. A quarter 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 84% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). Boys were slightly more likely than girls to experience violent discipline: 89% compared to 87%. Children aged 5-9 were slightly more likely to experience violent discipline than those of other ages: 90% of children aged 5-9 compared to 85% of children aged 2-4 and 87% of children aged 10-14. Children living in larger households were more likely to experience violent discipline: 88% of children in households of 6 or more people compared to 82% of children in households of 2-3 people. No significant differences in children’s experience of violent discipline were found according to level of education of adults in the household 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 sixty-eight 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)

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 on Economic, Social and Cultural Rights

“The Committee is concerned that violence against women, including spousal abuse, continues to be a widespread problem in the State party. The Committee is also concerned that domestic legislation does not contain specific provisions prohibiting and criminalizing domestic violence, including marital rape, and that corporal punishment of children within the family and alternative care settings is not prohibited (art. 10).

The Committee recommends that the State party amend legislation, including the Penal Code, to prohibit and criminalize domestic violence, including marital rape, and prohibit corporal punishment of children within the family and alternative care settings.”
(7 June 2010, E/C.12/DZA/CO/4, Concluding observations on third/fourth report, para. 15)

Committee Against Torture

“While noting with satisfaction that corporal punishment against children is forbidden in school, the Committee remains concerned about the lack of any provision in the legislation of the State party prohibiting the use of this practice within the family. The Committee also notes with concern the lack of any provision in its domestic legislation prohibiting domestic violence against women (art. 16).

The State party should incorporate into its domestic legislation a provision prohibiting the use of corporal punishment against children within the family and domestic violence against women.”
(26 May 2008, CAT/C/DZA/CO/3, Concluding observations on third report, para. 19)

Universal Periodic Review

Algeria was examined in the first cycle of the Universal Periodic Review in 2008. No recommendation was made specifically concerning corporal punishment of children. Examination in the second cycle is scheduled for 2012.