Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Article 215 of the Family Code (1994) states: “It is the parents’ duty to correct their children appropriately and moderately and, if necessary, to seek assistance from professional specialists or psycho-pedagogical guidance services at schools or agencies for the protection of minors or the family. If the child’s behavior cannot be corrected through these means, the parent can request that a judge arrange for guardianship; in making such a decision, the judge will order any studies of the family group that he or she considers appropriate.” Under article 204 children have an obligation to obey and respect their parents.

The Family Code also states that every child has the right “to be protected from all forms of physical, mental and moral harm or abuse, neglect or negligence, ill-treatment, torture and cruel, inhuman or degrading treatment or punishment” (article 351), and “Everyone has a duty to protect the dignity of minors, safeguarding them from any inhuman, violent, frightening or humiliating treatment that might wound their self-esteem” (article 366). Abuse of the parental “duty of correction” is punishable under article 204 of the Criminal Code (1997, amended 2005).

Children have limited protection from violence and abuse under other provisions in the Family Code, the Criminal Code, the Law Against Domestic Violence (1996, in force from 1997) and the Constitution (1983). Article 35 of the Constitution says that the state must protect the physical, mental and moral health of minors and according to article 36, parents have an obligation to protect their children.

Schools

Corporal punishment is prohibited in schools by article 90 of the General Law on Education. Article 356 of the Family Code states that children “have the right to be respected by their educators”.

Penal system

Corporal punishment is prohibited as a sentence for crime. The Juvenile Offenders Act (1995) does not include corporal punishment among permitted sanctions, recognises the right of young offenders to respect for dignity and protection of personal integrity, and establishes that under the law, the minor enjoys the rights and safeguards recognised in the Constitution, treaties, conventions, covenants and other international instruments signed and ratified by the country (article 5).

Corporal punishment is prohibited as a disciplinary measure in penal institutions. Article 118 of the Juvenile Offenders Act states that in the context of enforcement of judgements, juvenile offenders have the right not to be subjected to corporal punishment. The General Regulations for Detention Centers for Juvenile Offenders (1995) explicitly prohibit corporal punishment (article 32) and state that “it is the duty of the inmate to: (b) comply with disciplinary sanctions imposed according to the procedure established by these regulations” (article 4), but these sanctions must conform to international standards. Article 26 of the Regulations states that “the staff of the centers, in carrying out their duties, must respect and protect the dignity and basic human rights of all the children,” and emphasises that authorities must not “instigate or tolerate any act of physical, sexual or emotional abuse, punishment or cruel, inhuman or degrading corrective measure or discipline”.

Alternative care

No information.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is deeply concerned about the incidence of torture and ill-treatment and the generalized disrespect for fundamental human rights in centres for juvenile offenders in the State party….

“The Committee urges the State party to take immediate and effective measures to bring an end to the occurrence of torture and other cruel, inhuman and degrading treatment, in particular of juvenile offenders. The State party must ensure that:

1. the fundamental rights and guarantees of juveniles who have committed a criminal offence set out in the Juvenile Offenders Act are respected, in particular, the prohibition, under all circumstances, of inhuman or degrading disciplinary measures, including: corporal punishment, detention in dark cells or solitary confinement, reduction of food rations, denial of contact with relatives, collective punishment and punishment more than once for the same disciplinary offence….

“While welcoming the measures taken by the State party to combat domestic violence, the Committee remains concerned at persistent large-scale abuse and violence within the family as well as the prevalence of corporal punishment.

“The Committee recommends that the State party strengthen current efforts to address the problem of domestic violence and child abuse, including through:

1. ensuring the effective implementation of the Domestic Violence Act, including the elimination of corporal punishment;
2. public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes, promoting positive, non-violent forms of discipline….”

(30 June 2004, CRC/C/15/Add.232, Concluding observations on second report, paras. 35, 36 (a), 43 and 44 (a and b))