Summary of law reform necessary to achieve full prohibition

Corporal punishment is prohibited in all settings, including the home.

Current legality of corporal punishment

Home

Corporal punishment is prohibited in the home. Section 146a of the General Civil Code (1989) states: “The minor child must follow the parents’ orders. In their orders and in the implementation thereof, parents must consider the age, development and personality of the child; the use of force and infliction of physical or psychological suffering are not permitted.” The defence of “reasonable” punishment was removed from the law on assault in 1977.

Schools

Corporal punishment was banned in all schools in 1974. Section 47.3 of the School Education Act states: “In order to maintain discipline in schools, teachers may not have recourse to means that would injure the human dignity of pupils, such as corporal punishment or insulting remarks or collective punishments.”

Penal system

Corporal punishment was abolished as a sentence for crime by 1867. It is unlawful as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is prohibited in alternative care settings.

Prevalence research

None identified in the last ten years.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee appreciates that corporal punishment has been prohibited by law in all settings, including in the family, the penal system and institutions of childcare. However, the Committee is concerned that corporal punishment may still be practised in the family.

“The Committee recommends that the State party continue its public education and awareness raising campaigns on non-violent forms of discipline and child-rearing. The Committee also recommends that the State party undertake studies on the prevalence of violence in children’s experiences and the negative effects of corporal punishment on the development of children.”
(31 March 2005, CRC/C/15/Add.251, Concluding observations on second report, paras. 39 and 40)

“The Committee commends the State party on its prohibition of all forms of corporal punishment through its 1989 ban on ‘any type of physical or psychological abuse of children as means of education’ (CRC/C/11/Add.14, para. 256). It also notes additional efforts to increase the protection of children against abuse, including the adoption of a comprehensive list of measures against violence in family and society and of an Action Plan against Child Abuse and against Child Pornography in the Internet...”
(7 May 1999, CRC/C/15/Add.98, Concluding observations on initial report, para.3)

European Committee of Social Rights

“The Act No.162/1989 on Parents and Children (Amendment) prohibits the use of force and the infliction of physical and mental suffering on children. Section 146a of the General Civil Code states, ‘the application of violence and the infliction of physical or mental harm are unlawful’.”
(2001, Conclusions XV-2, page 67)