Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home.

The Violence in the Family (Prevention and Protection of Victims) Law (1994) prohibits “any unlawful act or controlling behaviour which results in direct actual physical, sexual or psychological injury to any member of the family”. It makes it an offence for violence to occur in the presence of a child and includes sanctions related to the psychological damage caused by witnessing family violence. Prosecution is largely reserved for the most serious abuse cases, with provision of support and welfare intervention through family counsellors in less severe cases. These provisions were reiterated in a new Act on Violence in the Family adopted in 2000. The government’s response to the questionnaire in the UN Secretary General’s Study on Violence against Children (August 2005) stated that the Children Law provides for a “right to administer punishment”, but this provision was expected to be removed following review.

Other protection from violence is given by the Penal Code and the Children Law. Article 7 of the Constitution (1960) states: “Every person has the right to life and corporal integrity.” Article 8 states: “No person shall be subjected to torture or to inhuman or degrading punishment or treatment.”

Schools

Corporal punishment has been unlawful in schools since 1967.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. The Constitutional provisions (see above) and the Prison General Rules (1997) apply. As at August 2005, a new law concerning the prevention and handling of juvenile delinquency was under discussion which would apply to juvenile detention facilities.

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare. Standards of operation in alternative care settings are regulated by the Children Law, the Children (Day-Care Centres) Order (1993), the Day-Care Centres for School-Age Children Regulations (1997) and the Private Children’s Homes Regulations (1982).

Workplace

Corporal punishment is prohibited.

Prevalence research

An attitudinal survey in 2000 by the Advisory Committee for the Prevention and Handling of Violence in the Family found that of 1,000 interviewees, 15% believed smacking to be a socially acceptable method of child discipline. (Cited in Boyson, R., 2002, Equal Protection for Children: An overview of the experience of countries that accord children full protection from physical punishment, London: National Society for the Prevention of Cruelty to Children)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee recommends that the State party, in keeping with the findings of the Study, adopt adequate measures and policies to contribute to changing attitudes, including the prohibition of corporal punishment in the family supported by well targeted awareness campaigns on inter alia alternative ways of disciplining children. Furthermore it encourages the State party to adopt measures and ensure sufficient human and financial resources to ensure the implementation of the Law for the prevention of domestic violence. The Committee invites the State party to include specific information in its next periodic report on follow-up to cases of abuse reported to the social welfare services, as well as information on the announced second research on the extent of child abuse in Cyprus.”
(6 June 2003, CRC/C/15/Add.205, Concluding observations on second report, para. 46)

European Committee of Social Rights

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

“Conclusion

“Pending receipt of the information requested, the Committee concludes that the situation in Cyprus is in conformity with Article 7.10 of the Revised Charter.”
(30 September 2004, Conclusions 2004 Vol. 1, page 102)

“As regards corporal punishment of children, the report refers to the Violence in the Family (Prevention and Protection of Victims) Law 2000 which defines violence as any action, omission or behaviour which causes physical, sexual or psychological damage. Further the report states that the UN Convention on the Rights of the Child, which has superior force to domestic law prohibits all forms of corporal punishment of children in all settings. However the Committee notes that in Cyprus’s response to the UN Secretary General’s Study on violence against children (submitted August 2005) according to the Children Law (Cap.352) the parent, teacher or other person having lawful control or care of a child have a right to administer punishment to him. Although the response states that the law is under review and the new legislation will explicitly prohibit corporal punishment and will include no defenses whatsoever. The Committee asks for further information on the situation i.e. the inter relationship between the legislation and the UN Convention on the Rights of the Child, as well as information on the repeal of the defence.  Meanwhile it reserves its position on the situation.”
(2006, Conclusions 2006, vol. 1, pages 152-153)