Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Article 9 of the Rights of the Child Act (1996) states that every child has the right to protection from any form of violence and that no one, including parents or their official representatives, may abuse or punish a child in a degrading manner. This has not been interpreted as prohibiting corporal punishment of children by parents, nor supported by effective mechanisms of reporting and monitoring of violations.

The Criminal Code prohibits beatings and torture (article 110), abuse of guardian’s rights (article 126), and humiliation of dignity and honour (article 132), and imposes heavier penalties for offences against minors. Article 68 of the Marriage and Family Code states that parents may forfeit their parental rights for abuse of these rights or cruelty towards their children. Article 19 of the Constitution (1995) states: “No one may be subjected to torture and to treatment and punishment that are cruel or degrading to the individual’s dignity.”

Schools

Corporal punishment is unlawful in schools.

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. Children are protected from extreme punishment under the Criminal Code and the Rights of the Child Act (see above).

Workplace

No information.

Prevalence research

A 2002 survey by the Armenian Relief Society of 550 parents and 550 children aged 7-18 years, together with interviews among 100 teachers, 100 neighbours, and 50 specialists from social, educational, health and legal spheres, found a high prevalence of physical abuse in families. A third of parents (33.3%), particularly young mothers, were in favour of slapping and beating in disciplining children. Preliminary analysis revealed that beating and slapping were also common in schools. (Urumova, I., Galvastan, M. & Tevosyan, A., 2003 in progress, “Violence against children and women in Armenia”, Armenian Relief Society/UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While taking note that the Children’s Rights Act and the Criminal Code include provisions which protect children against violence and abuse, the Committee reiterates its concern that the state party has as yet not introduced legislative and other measures which specifically address the issue of violence against children.

“The Committee encourages the State party to adopt specific legislation and take other measures to prevent violence against children in all circumstances, including corporal punishment…. The Committee recommends that the State party launch awareness-raising campaigns on the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the family, schools and other institutions and ensure that all people working with children, including law enforcement officials, judges and health professionals undergo training in how to identify, report and manage cases of ill-treatment.”
(30 January 2004, Unedited version CRC/C/15/Add.225, Concluding observations on second report, paras. 39 and 40)

“Notwithstanding protection under the Rights of the Child Act, the Committee expresses its concern at the ill-treatment of children, including sexual abuse, not only in schools and institutions, but also within the family.

“In the light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse against children in the family, schools and care institutions are prohibited. Programmes for the rehabilitation and reintegration of abused children need to be strengthened and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill-treatment. The Committee recommends that the State party launch awareness-raising campaigns on the ill-treatment of children and its negative consequences. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. The Committee recommends the training of teachers, law enforcement officials, care workers, judges and health professionals in identification, reporting and management of cases of ill-treatment.”
(24 February 2000, CRC/C/15/Add.119, Concluding observations on initial report, paras. 32 and 33)

European Committee of Social Rights

Article 9 of the Children’s Rights Act states that every child has the right to be protected from any form of violence, including physical, mental and other forms and that all persons, including parents and legal representatives are prohibited from subjecting children to violence or degrading treatment or punishment. The Criminal Code prohibits torture (Article 110), abuse of guardian’s rights (Article 126) and humiliation of dignity and honour (Article 132) and provides for severe penalties for offences against minors. Article 68 of the Marriage and Family Code stipulates that parents may forfeit their parental rights for abuse of these rights or cruelty towards their children.

The Committee notes from another source that whereas corporal punishment is unlawful in schools as well as in penal institutions or as a sentence for a crime, there is no explicit prohibition of corporal punishment within the family nor within, other institutions or forms of child care. In addition, it observes from a further source that the aforementioned provision of the Children’s Rights Act is not interpreted as prohibiting corporal punishment in the home. The Committee recalls that Article 17 of the Revised Charter requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment within the family or other forms of child care and institutions other than penal institutions, the situation is not in conformity with Article 17 of the Revised Charter. As regards the prohibition of corporal punishment in schools and penal institutions, the Committee asks how observance of such prohibition is ensured in practice.

...

The Committee concludes that the situation in Armenia is not in conformity with Article 17§1 of the Revised Charter on the ground that corporal punishment of children within the family and alternative child care is not prohibited.
(2007, Conclusions XVIII-1, vol.1)