Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

The Child Protection Act (1992) states: “Every child shall at all times be treated as an individual with consideration for his or her character, age and sex. It is prohibited to humiliate, frighten or punish the child in any way which abuses the child, causes bodily harm or otherwise endangers his or her mental or physical health” (article 31.1). According to the Family Law Act (1994, effective 1995), a parent must “protect the rights and interests of his or her child” and “shall not exercise parental rights contrary to the interests of a child” (article 50). Abuse of parental rights and cruelty to a child may lead to deprivation of parental rights (article 54). Failure to fulfil the obligation to raise and teach a child is an offence under the Code of Administrative Offences (article 26). Excessive physical violence is punishable under the Penal Code (2002) which prohibits “causing damage to the health of another person, or beating, battery or other physical abuse which causes pain” (article 121) and continuous physical abuse or abuse which causes great pain (article 122). Article 18 of the Constitution (1992) states: “No one shall be subjected to torture or to cruel or degrading treatment or punishment.” Article 27 states that parents “have the right and the duty to raise and care for their children”. But there is no explicit prohibition of all corporal punishment.

According to article 123(2) of the Constitution, international treaties that are binding on Estonia and have been ratified by the Riigikogu have supremacy over national legislation.

The government is committed to prohibition and as at July 2007 draft legislation was under discussion.

Schools

Corporal punishment is unlawful in schools under article 40.1 of the Child Protection Act, which states: “Instruction shall not involve physical violence or mental abuse.” The Basic Schools and Upper Secondary Schools Act (1993, amended 2004) obligates the school to guarantee the student’s mental and physical security and the protection of his/her health. There is no explicit prohibition of corporal punishment in the Act but article 30 states: “(2) Students shall be praised and punished pursuant to the procedure prescribed by a regulation of the Minister of Education and Research, the statutes of the school and the by-laws of the school.”

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. It is not a permitted punishment under the Penal Code, the Juvenile Sanctions Act (1998, amended 2001), the Imprisonment Act (2000), and article 34 of the Child Protection Act. Article 37 of the Child Protection Act states: “(1) A child whose liberty is restricted or who is detained shall be treated in a manner appropriate for a child, without harm to his or her dignity.” The Police Act (1991, amended 2003) states (article 4): “(4) Unlawful physical or psychological violence and degrading treatment or punishment shall not be used in the activities of the police.” Article 324 of the Penal Code punishes abuse of official position in custodial institutions through degradation of the dignity of a prisoner or person in detention or under arrest. Section 9(3) of the Code of Criminal Procedure (2004) states that persons in criminal proceedings must be treated without defamation or degradation of their dignity, and prohibits torture and cruel and inhuman treatment. The Constitutional provisions also apply (see above).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. Children in these settings are protected from physical violence under the Family Law Act, the Child Protection Act, the Penal Code, the Code of Administrative Offences (see above), and the Social Welfare Act (1995, amended 2002).

Workplace

No information.

Prevalence research

Surveys were conducted following “Stop Child Spanking” media campaigns in 1995, 1997 and 2000, which aimed to change public opinion on spanking children. In 2000, the research company EMOR questioned 505 adults and found that the campaign was noticed by 79% of respondents (compared with 67% in 1995). In 1995 and 2000, just over four out of ten respondents continued to support the use of corporal punishment (42% and 41% respectively); the percentage of those opposing corporal punishment appeared to fall, from 58% in 1995 to 55% in 2000. (Reported in Government response to UN Study on Violence Against Children Questionnaire, 2005)

Research carried out in 2000 into child abuse in the family surveyed 874 children aged 14-16 years and found that one third had experienced slight physical abuse (pinching, poking), and 16% severe abuse (biting, beating with hand or instrument). (Soo, K. & Soo, I., 2001, “Epidemiological Survey for Preventing Child Abuse Estonia”, Tartu: Support Centre for Abused Children)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“…The Committee also notes that all violence against children is prohibited. However, it remains concerned that there is still insufficient information on and awareness of the ill-treatment and abuse of children within the family, in schools and in institutions, as well as of domestic violence and its impact on children. Moreover, it is concerned that current efforts in this regard may have limited impact because of a lack of a comprehensive strategy and the inadequate allocation of resources.

“The Committee recommends that the State party:

b) explicitly prohibit corporal punishment and take all measures to prevent all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, in schools and in institutions;

c) continue to carry out public education campaigns on the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment….

j) take into account the Committee’s recommendations adopted at its day of general discussion on ‘Violence against children within the family and in schools’ (CRC/C/111).”
(17 March 2003, CRC/C/15/Add.196, Concluding observations on initial report, paras. 30 and 31 (b, c and j))

European Committee of Social Rights

“The Constitution establishes that no one shall be subjected to torture or to cruel or degrading treatment or punishment. The Child Protection Act establishes that it is prohibited to humiliate, frighten or punish a child in any way which abuses him or her, causes bodily harm or otherwise endangers his or her mental or physical health.

“Furthermore, Section 40 of the Act, under the heading Education, stipulates that instruction may not involve physical violence or mental abuse. The Committee asks that the next report confirm that this entails that corporal punishment is indeed prohibited in all schools. It asks that the next report provide information on the prohibition of corporal punishment in institutions.

“The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Estonia cannot be considered to be in conformity with Article 17 of the Charter.

…

“The Committee concludes that the situation in Estonia is not in conformity with Article 17.1 of the Revised Charter on the ground that corporal punishment of children is not prohibited within the family.”
(March 2005, Conclusions 2005)