Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home, where parents have a right to beat their children in the name of discipline. Parental authority is defined in the Family Code and includes the obligation to protect children’s physical and moral integrity.

Children have some protection from violence and abuse under Decree No. 58 (1982), the Constitution (1975, amended 1992), the Criminal Code (1886) and the Family Code. Article 20 of the Constitution protects the right of every person to human dignity and personal integrity. Article 30 states: “(1) Children shall be given absolute priority and shall therefore enjoy special protection from the family, the State and society with a view to their all-round development; (2) The State shall promote the harmonious development of the personality of children and young people and create conditions for their integration and active participation in the life of society.”

Schools

Corporal punishment is prohibited in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime under article 109 of the Criminal Code, which provides for children under the age of 16 years to be subject only to assistance, educational and correctional measures. The Juvenile Justice Act (1996, in force 2002) states that young persons under 16 years may not be sentenced to imprisonment but only to crime prevention measures. This does not include corporal punishment. We have yet to confirm that there is no provision for corporal punishment for those over the age of 16 years. Article 23 of the Constitution states that no citizen may be subjected to torture or any other cruel, inhuman or degrading treatment or punishment. As at 2006, the Criminal Code was under revision.

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

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned at the common use of corporal punishment in families and in schools and other institutions for children.

“The Committee recommends that the State party take effective measures to enforce the ban on corporal punishment in schools and other institutions; to prohibit the use of violence against children, including corporal punishment, by parents and other caregivers; and to undertake campaigns to educate families, teachers, and other professionals working with and for children on alternative ways of disciplining children.

“The Committee is concerned about the growing cases of abuse and violence against children, including sexual abuse in their homes, in schools and in other institutions.

“The Committee recommends that the State party strengthen current efforts to address the problem of child abuse, including by ensuring that:

b) public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes, promoting positive, non-violent forms of discipline are conducted….”
(3 November 2004, CRC/C/15/Add.246, Concluding observations on initial report, paras. 32, 33, 36 and 37 (b))