Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The Spanish Civil Code is in force, and this allows for parents and guardians to use “reasonable and moderate” forms of “correction” (articles 154 and 268). Children are protected from excessive punishment under article 420 of the Code.

As at September 2005, a draft law on the Code of the Child was being drafted and draft amendments to the Civil Code had been submitted to the government, including the replacement of paternal authority with parental authority (article 528).

Schools

Corporal punishment is lawful in schools. The Education Act states that discipline in schools must respect the dignity of the child, and the Ministry of Education has launched a campaign to stop the use of corporal punishment in schools, but there is no explicit prohibition of corporal punishment in law.

Penal system

We have been unable to ascertain the legal status of corporal punishment as a sentence for crime and as a disciplinary measure in penal institutions. Article 420 of the Spanish Civil Code provides penalties for torture.

Alternative care

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

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that corporal punishment is not expressly prohibited by law and is widely practised and socially accepted. It also notes with concern the lack of available data on ill-treatment of children, including corporal punishment, beating and depriving children of their liberty as a punishment.

“The Committee recommends that the State party:

1. expressly prohibit corporal punishment by law in the family, schools and other institutions;
2. carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment;
3. seek technical assistance from, among others, UNICEF in this regard.”

(3 November 2004, CRC/C/15/Add.245, Concluding observations on initial report, paras. 34 and 35 (a, b and c))

Human Rights Committee

“The Committee notes with concern the lack of protection for children, whether indigenous or from neighbouring countries, in the areas of health, work and education, as borne out in the latter field by the low levels of education, the repeater and dropout rates and the low tax expenditure per pupil. It is also concerned by the corporal punishment inflicted on children, allegedly as a remedial measure, and by the prostitution of young girls.

The State party should, in conformity with articles 24 and 7 of the Covenant, put into practice child-protection programmes in the above-mentioned areas.”
(30 July 2004, CCPR/CO/79/GNQ, Concluding observations in the absence of a report, para. 10)