Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Under the Constitution (1995) parents have an obligation to take care of and bring up children (articles 17 and 34). Article 46 provides for the protection of personal dignity for every person and states that “nobody shall suffer from a treatment or punishment humiliating human dignity”. The Criminal Code punishes the infliction of physical pain or psychological suffering by systematic beatings or other violent acts (article 133). Chapter XII of the Family Code sets out “Rights and duties of parents”. Failure of parents/guardians in respect of upbringing and education duties triggers administrative liability under the Administrative Offences Code (article 51) and parental rights may be restricted under the Family Code (article 68). Other protection is given by the Rights of the Child Act.

Schools

Corporal punishment is prohibited in public and private schools. Under articles 38-40 of the Education Act, non-State education institutions are regulated on the basis of their charters, which must comply with the legislation on education, and with special regulatory instruments.

Penal system

Corporal punishment is unlawful as a sentence for crime. Under article 42 of the Rights of the Child Act, cases involving children must follow special procedures which protect their honour and dignity. Article 85 of the Criminal Code allows for penalties for juvenile offenders of fines, community service, correctional work and deprivation of liberty. Other measures include warning, placement under supervision, compensation orders with respect to harm caused, and restrictions on free time and conduct (article 88). For administrative offences, applicable laws include the Order “On commissions on minors’ affairs and protection of their rights”, approved by the Order on Commissions on Minors Affairs and Protection of their Rights (Approval) Act, article 9 of which lists disciplinary measures that do not include corporal punishment. The Constitutional provisions apply (see above).

Corporal punishment is unlawful as a disciplinary measure in penal institutions.  The Code of Criminal Procedure prohibits cruel, inhuman or degrading treatmment or punishment (article 15.2) and provides for respect for honour and dignity (article 13).

Alternative care

There is no prohibition of corporal punishment is other institutions and forms of childcare. Children may be placed for adoption, tutorship or guardianship or in an institution under article 31 of the Rights of the Child Act.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee expresses concern that corporal punishment, while prohibited in schools and in the penal system, remains lawful at home and is still widely practiced in the society as an accepted measure of discipline.

“The Committee recommends that the State party introduce and fully implement legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns promoting non-violent, participatory forms of child-rearing and education.”
(17 March 2006, CRC/C/AZE/CO/2, Concluding observations on second report, paras. 44 and 45)

“The Committee is concerned about the lack of information about ill-treatment and abuse of children within the family. The Committee is equally concerned about the lack of information on youth suicides and accidents....

“The Committee suggests that the State party undertake a comprehensive study of child abuse, including sexual abuse, and ill-treatment in the family, as well as a study on youth suicide. The Committee also recommends that adequate programmes be designed and adopted to prevent sexual abuse and exploitation of children, especially child prostitution.”
(17 June 1997, CRC/C/15/Add.77, Concluding observations on initial report, paras. 22 and 43)