Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 88 of the Family Act (1998, in force 1999) states: “Parents and other family members must not subject the child to degrading treatment, mental or physical punishment and abuse.” The Act obliges parents to protect the child from degrading treatment and physical punishment administered by others (article 92) and states that every citizen should inform a Social Welfare Centre about violence towards children (article 108). Action may also be taken in response to a child’s own complaint. The use of physical or mental violence is considered an abuse of parental duties, which may lead to court proceedings. This Act has been replaced by the Family Act (2003), and article 88 now states: “Parents and other family members may not subject the child to degrading measures, mental or physical violence, or abuse.”

Article 23 of the Constitution (1990) states: “No one shall be subjected to any form of maltreatment....” Article 63 states that parents have the duty to “bring up, support and educate their children” and “shall be responsible for the right of their children to a full and harmonious development of their personalities”. Other protection from violence is afforded by provisions in the Criminal Code, the Criminal Procedure Code, and the Law on Protection against Family Violence.

Schools

Corporal punishment is unlawful in schools under the Criminal Code, the Criminal Procedure Code and the Constitution (see above).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. It is not an available punishment under the Criminal Code. Article 25 of the Constitution states: “All arrested and convicted persons shall be treated humanely and their dignity shall be respected....”

Alternative care

Corporal punishment is unlawful in all other institutions and forms of childcare under the Criminal Code, the Criminal Procedure Code and the Constitution (see above).

Workplace

Corporal punishment is prohibited under the Criminal Code, the Criminal Procedure Code and the Constitution (see above).

Prevalence research

Research into the experiences of 310 high school students in 10 schools, carried out in 2001, found that 59% had experienced occasional slapping or hitting before the age of 14, and 16% had occasionally been spanked or beaten. For 5% of respondents, slapping or hitting was experienced frequently, and 3% experienced frequent spanking and beating. (Fabijanic´, S., Flander, G. B. & Karlovic´, A., 2002, Epidemiological study on the prevalence of the child abuse experience among high school students of Sisačko-Moslavačka Županija, Zagreb: Centre for Child Protection)

A survey of 505 university students reported in 2001 revealed that up to 25% had experienced physical abuse, including corporal punishment. (Karlovic´, A., Gabelica, D. & Vranic´, A., 2001, “Validacija upitnika o zlostavljanju u djetinjstvu I procjena incidencije zlostavljanja u djetinjstvu na uzorku zagrebacˇkih studenata”, XV, Dani Ramira Bujasa, Zagreb, Odsjek za psihologiju. Filozofski fakultet)

In research into the prevalence of various forms of family violence experienced by 1146 university students, published in 2003, 93.4% reported experiencing physical abuse (from slapping to heavy beating) before the age of 18 years, with 27.2% reporting physical injury (from bruises to fractures). The same questionnaire given to 698 primary and secondary school pupils found that up to 86% reported experiencing physical abuse with injuries in up to 32% of cases. (Pecnik, N., 2003, Intergenerational transmission of child abuse (in Croatian), Slap: Jastrebarsko)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the adoption of the Law on the Protection against Domestic Violence (2003), which prohibits corporal punishment within the family, and of various other legal instruments to prevent and combat domestic violence (e.g. Criminal Code, Family Act) but remains concerned about incidents of domestic violence.

“In light of article 19 of the Convention, the Committee recommends that the State party:

1. Undertake a comprehensive study on violence, more particularly, on sexual abuse and violence at home and in school, in order to assess the extent, the causes, scope and nature of these violations;
2. Strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat child abuse and to promote positive, non-violent forms of discipline and respect for children’s rights, while raising awareness about the negative consequences of corporal punishment….”

(3 November 2004, CRC/C/15/Add.243, Concluding observations on second report, paras. 49 and 50 (a and b))

“The Committee takes note with satisfaction of the efforts to bring domestic law and practice into line with the principles and provisions of the Convention, including the enactment of legislation on the family and on the protection of children against all types of abuse.”
(13 February 1996, CRC/C/15/Add.52, Concluding observations on initial report, para. 4)

European Committee of Social Rights

“Article 17 prohibits all forms of violence against children, both physical and emotional, it covers all violence no matter how light or for what purposes it is inflicted (educational or disciplinary etc), and irrespective of the identity of the perpetrator (General introduction to Conclusions XV-2, p. 29; World Organisation Against Torture (OMCT) v. Greece, Collective complaint No 17/2003, decision on the merits § 32; OMCT v. Ireland Collective complaint No 18/2003 decision on the merits § 64; OMCT v. Belgium Collective complaint No 21/2003 decision on the merits § 35).

“Therefore Article 17 covers and requires the prohibition in law (including the removal any defence or justifcation) of corporal punishment, no matter where it occurs, in the home, in school, in insitutions or elsewhere (see above references).

“Physical punishment of children has been prohibited by family legislation since 1999. According to Article 88 of the 2003 Family Act as amended in 2004, parents and other family members are not allowed to subject the child to humiliating actions, mental or physical violence or abuse.”
(Conclusions XVIII-1-vol.1, 2006, pages 188-189)