Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. In 1985, the Custody and Care Act was amended to state: “Parental custody implies the obligation to protect the child against physical and psychological violence and against other harmful treatment”. But this was found to be inadequate in prohibiting corporal punishment and further explicit prohibition was considered necessary. A 1997 amendment to the Parental Custody and Care Act (1995) states: “The child has the right to care and security. He or she shall be treated with respect as an individual and may not be subjected to corporal punishment or any other degrading treatment.” Prosecution of parents and other carers is possible under the Criminal Code (articles 213, 244-246), though is usually reserved for more serious cases.

Schools

Corporal punishment in schools was prohibited in 1967 under Danish Order No. 276 Concerning the Promotion of Order in the Schools.

Penal system

Corporal punishment was abolished as a sentence for crime in 1911 and as a disciplinary measure in penal institutions from 1933.

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare.

Workplace

Corporal punishment is prohibited.

Prevalence research

A survey in 2000 by the National Institute of Social Research found that 12% of 3 year-olds were spanked “sometimes” or “seldom”, contrasting with a survey by the same Institute in 1968 which found that 40.2% of children aged 9-12 years were hit “sometimes”. Milder physical violence such as slaps on the fingers and hard gripping of the arms was more prevalent. (Cited in Boyson, R., 2002, Equal Protection for Children: An overview of the experience of countries that accord children full legal protection from physical punishment, London: National Society for the Prevention of Cruelty to Children)

Attitudinal research in 1997 found that 57% of parents were against the use of corporal punishment. (Invargsen, B., 1999, “Denmark: Backing a clear ban on physical punishment with promotion of positive discipline”, Journal of Child Centred Practice, vol. 7, no. 2, pp.79-85)

A survey of 1,000 adults in 1988 revealed over 50% opposing corporal punishment. (Varming, O., 1988, “Attitudes to Children”, doctoral dissertation, Copenhagen: Royal Danish School of Educational Studies)

A Gallup poll in 1984 found 25% of public opinion in favour of prohibition of corporal punishment. (Cited in Newell, P., 1989, Children Are People Too: The Case Against Physical Punishment, London: Bedford Square Press)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with satisfaction that in 1997, the right of parents to use corporal punishment on their children was abolished by law. The Committee expresses further satisfaction at the nationwide awareness raising campaign undertaken to inform parents about the new legislation. The Committee notes the efforts to include material in minority languages as a follow-up to the campaign.”
(10 July 2001, CRC/C/15/Add.151, Concluding observations on second report, para. 6)

“The Committee would also like to suggest that further measures be taken effectively to put an end to violence against children, including in the home.”
(15 February 1995, CRC/C/15/Add.33, Concluding observations on initial report, para. 28)

European Committee of Social Rights

“The Committee notes with satisfaction that Act No. 416/1997 abolished corporal punishment in the home; a child may not be punished corporally or exposed to other degrading treatment.”
(1 January 2001, Conclusions XV-2 vol. 1, pages 139-142)