Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

The Llei qualificada on adoption and other forms of protection of abandoned minors states that the purpose of parental authority is to protect the child’s safety, health and morals, and parents have a right and duty to care for, watch over, maintain and educate the child (articles 27-28). Parental authority may be removed from “parents who, through ill-treatment, such as habitual drunkenness, manifest ill-conduct, criminality or failure to care for and educate the child, clearly jeopardize the child’s safety, health or morals” (Article 38).

Children have legal protection from violence under the Penal Code (1990), including from verbal and physical aggression which does not cause injury (article 348). Article 8 of the Constitution (1993) states: “All persons have the right to physical and moral integrity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Schools

There is no explicit prohibition of corporal punishment in schools, but the qualified law on education (3 September 1993), the law regulating the Andorran educational system (9 June 1994), the regulations for private teaching centres (6 December 1994), the regulations for safety in schools (13 September 2000) and the law guaranteeing the rights of the disabled (17 November 2002) provide for the respect of freedom and basic rights, including the dignity of the person. The Penal Code and the Constitution also apply (see above).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. The Constitutional provisions (see above) apply.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare outside the home. Children are protected from abuse under the Penal Code (see above) and regulations for day care centres.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

 “...while noting that corporal punishment in school is prohibited under law, [the Committee] remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools.

“In light of article 19, the Committee recommends that the State party:

e) Prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children’s rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2.”
(7 February 2002, CRC/C/15/Add.176, Concluding observations on initial report, paras. 39 and 40 (e))