Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 11.2 of the Child Protection Act (2000, amended 2003) states: “Every child has a right to protection against all methods of upbringing, that undermine his or her dignity, against physical, psychical or other types of violence; against all forms of influence, which go against his or her interests.” The Regulation on the Implementation of the Child Protection Act (in force 2003) defines violence against children as “any act of physical, mental or sexual violence, neglect, commercial or other exploitation, entailing an actual or likely damage to the health, life, development or dignity of children, which may occur in any of the family, school or social environment” (article 1); physical violence is described as “the infliction of bodily injury, including pain or suffering, without damage being caused to health”. According to the Family Code (1985, amended 1992), the basic functions of the family include “establishing within the family relations based on respect, attachment, friendship, common efforts and reciprocal responsibility for its development” (article 4).

The Penal Code prohibits violence which leads to “severe”, “medium” and “trivial” bodily injury (articles 128-130), particularly if the victim is a minor (article 131). However, the complexities of the procedure for prosecution in cases of “trivial” bodily injury under the Penal Procedures Code (articles 46 and 57) limit the legal protection afforded children, and there is no associated case-law concerning corporal punishment. The Family Code provides for deprivation of parental rights in “exceptionally severe cases” (article 75.1).

Schools

Corporal punishment is unlawful in schools. There is no mention of corporal punishment in the Public Education Act (1991, amended 1999) but articles 128 and 129 of the Regulation on the Implementation of the National Education Act state that a teacher “may not violate the rights of children and students, degrade their personal dignity, or apply any forms of physical or mental violence against them.” Under articles 133 and 134, a student has the right to “receive protection from the school, service unit or regional education inspectorate attached to the Ministry of Education and Science, in the event his or her personal dignity has been degraded or his or her human rights have been infringed upon”. Similar provisions are made in the Regulation on Educational Boarding Schools and the Regulation on Social and Pedagogical Boarding Schools.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. It is not a permitted sentence under the Penal Code and the Sentence Enforcement Act (amended 2002). Article 29 of the Constitution (1991) states: “(1) No one shall be subjected to torture or to cruel, inhuman or degrading treatment....”

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare. The Rules of the Homes for Raising and Educating Children Deprived of Parental Care (2001) prohibit physical, psychological and religious coercion. A number of laws were adopted in 2003, including the Ordinance on Specialised Protection of Children in Public Areas, the Ordinance on Criteria and Standards for Child Social Services, the Ordinance on the Terms and Conditions for Implementation of Measures to Prevent Abandonment of Children and Their Placement in Institutions, and the Ordinance on the Terms and Conditions for the Applications, Selection and Approval of Foster Families. The Regulation on the Structure and Functioning of Homes for Temporary Placement of Minors and Young Persons and the Regulation on the Structure and Activities of Homes for Children Deprived of Parental Care include provisions banning the violation of children’s rights and any forms of physical and mental violence derogatory to a child’s dignity.

Workplace

Corporal punishment is prohibited. The Child Protection Act (see above) applies.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting that corporal punishment is unlawful in the home, schools, the penal system, alternative care settings, and in situations of employment, the Committee is concerned that children are still victims of corporal punishment in all the above mentioned settings.

“The Committee urges the State party, to take into account its General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), to enforce the ban of corporal punishment by:

1. undertaking public and professional awareness raising;
2. promoting non-violent, positive, participatory methods of childrearing and education and reinforcing knowledge among children of their right to protection from all forms of corporal punishment; and
3. bringing offenders before the competent administrative and judicial authorities.”

(6 June 2008, CRC/C/BGR/CO/2 Advanced Unedited Version, Concluding observations on second report, paras. 31 and 32)

“In the light of articles 19, 34 and 37 (a), the Committee strongly recommends that the State party take all appropriate measures to prevent and combat corporal punishment, sexual abuse and exploitation and ill-treatment of children, including in institutions and in detention centres. The Committee suggests that corporal punishment be prohibited by civil legislation and that appropriate legal measures be taken to combat sexual abuse and exploitation of children….”
(24 January 1997, CRC/C/15/Add.66, Concluding observations on initial report, para. 30)

European Committee of Social Rights

“The Committee previously asked whether all forms of corporal punishment of children were prohibited, including corporal punishment within the family. According to the report there is no explicit prohibition of corporal punishment in Bulgaria. However it cites the Child Protection Act 2000, which stipulates that children shall have the right to be protected against any activities, which violate their dignity, and includes any physical or psychological violence and all forms of influence, which are not in a child’s interest. The Home Violence Protection Act 2005 protects child victims of domestic violence.

The Committee highlights that where legislation which may be interpreted as prohibiting all forms of corporal punishment is relied upon by a state party it must be accompanied by strong evidence that such legislation is so interpreted and applied and that the necessary measures have been taken to ensure that there is widespread awareness of this. The Committee asks the next report to provide such evidence.”
(2006, Conclusions 2006, vol. 1, pages 114-115)

“The Committee asks whether corporal punishment within and outside the family is explicitly prohibited by the existing legislation….

“Pending receipt of the information requested, in particular regarding any form of exploitation of children other than sexual and about corporal punishment, the Committee defers its conclusion.”
(30 September 2004, Conclusions 2004 Vol. 1, page 55)