Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools and alternative care settings.

The Family Code (1975) permits “moderate” punishment of children by parents (article 86) and guardians (article 152). These provisions should be repealed, and the law should clearly state that all forms of corporal punishment and other cruel and degrading treatment are unacceptable, including by parents and others with parental authority.

Explicit prohibition of corporal punishment should be enacted in relation to all schools, public and private, and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. The Family Code (1975) permits “adequate and moderate correction” of children by parents (article 86) and guardians (article 152). Provisions against violence and abuse in the Family Code, the Criminal Code (1987), the Children and Youth Code and the Constitution are not interpreted as prohibiting corporal punishment in childrearing. As at June 2011, a draft Family Code was under discussion which would remove the provisions for “adequate and moderate correction”.

Schools

Corporal punishment is lawful in schools. The Joint Resolution of the Ministers of Education and Higher Education (1987), which approves the Regulation for Discipline at Work in Educational Activity, states that every worker serving in educational activities must not ill-treat the pupils by word or deed (article 4), but it does not explicitly prohibit all corporal punishment.

Penal system

Corporal punishment is unlawful as a sentence for crime. Article 30(11) of the Criminal Code states that “those sanctioned may not be subjected to corporal punishment, nor is it admissible to employ against them any measure entailing humiliation or a loss of dignity”.

Corporal punishment is prohibited as a disciplinary measure in penal institutions under article 6 of the prison regulation and article 30 of the Criminal Code.

Alternative care

Corporal punishment is lawful in alternative care settings under the right of correction of guardians in the Family Code (see above).

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While taking note that the provision on “adequate and moderate” punishment will be removed from the new Draft Family Code, as indicated during the dialogue, the Committee is concerned that provisions allowing for such punishment against children by their parents and guardians (arts. 86 and 152 of the Family Code) are still in force in the State party. The Committee is further concerned that corporal punishment is often used at school and in social institutions as a measure of “discipline”.

“The Committee recommends that corporal punishment, in any form, be explicitly banned and that the State party conduct public awareness campaigns and provide information on alternative non-violent forms of discipline, parental guidance and counselling with the view to eliminating all forms of corporal punishment against children. The Committee urges the State party to prioritize the adoption of the draft Family Code. In this regard, the Committee draws the State party’s attention to its general comment no. 13 (2011) on the right of the child to freedom from all forms of violence and its general comment no. 8 (2006) on corporal punishment.”
(20 June 2011, CRC/C/CUB/CO/2 Advance Unedited Version, Concluding observations on second report, paras. 36 and 37)

“While the Committee takes note of the State party’s efforts to deal with the issue of child abuse, including through the establishment of an early warning system for violence against children, it is of the view that these measures are insufficient to fully protect children from such violations. Furthermore, serious concern remains in relation to a child’s opportunity to report abuse and other violations of his/her rights in the family, schools or other institutions and to have a complaint taken seriously and responded to effectively.

“The Committee recommends that further measures to protect children from abuse and maltreatment be undertaken, in particular through the development of a widespread public information campaign for the prevention of corporal punishment and bullying of children, whether by adults or by other children.”
(18 June 1997, CRC/C/15/Add.72, Concluding observations on initial report, paras. 19 and 35)

Universal Periodic Review

Cuba was examined under the Universal Periodic Review process in 2009. No recommendations were made confirming corporal punishment of children.