Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home under the parental “right of correction” in customary law.

Children are protected from severe corporal punishment by articles 222-8 to 222-14 of the Criminal Code (1994), which prohibit violence or ill treatment that endangers a child or damages his or her physical integrity. Under article 375 of the Civil Code, a child may be taken into public care if his or her health, security or morality is in danger, or if the conditions of the child’s education are gravely compromised. Further protection from violence is given by Act No. 2007-293 (2007) reforming child welfare and Act No. 2006-399 (2006) concerning domestic violence and violence against children.

Schools

There is no explicit prohibition in law of corporal punishment in schools and “light correction” is tolerated in the same way as it is for parents. A High Court ruling in 1889 allowed a “right to correction” for teachers; a ruling in 2000 stated that this did not apply to habitual and “non-educational” corporal punishment.

Penal system

Corporal punishment is unlawful as a sentence for crime under the Criminal Code.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The rights of persons detained in police custody are protected in Act No. 2000-516 (2000) and Act No. 2002-307 (2002). Article D.189 of the Code of Criminal Procedure (1994) states: “The prison administration shall ensure that all persons entrusted to its care, on whatever grounds, by the judicial authorities, are treated with respect for the dignity inherent in the human person….” Article D.220 states: “Officers of decentralized prison administration services and those with access to the cells are forbidden to: use violence towards detainees….” A new system of disciplinary punishment for detainees was introduced in 1996 under the decree of 4 April 1996 and the implementing circular of 12 April 1996, and prohibits cruel, inhuman or degrading punishment.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. Prosecution is possible under the Criminal Code (see above).

Workplace

No information.

Prevalence research

A survey by the Union of Families in Europe (UFE) of 2,000 grandparents, parents and children found that 95% of adults and 96% of children have been smacked. 84% of grandparents and 87% of parents have administered corporal punishment. One in ten parents admitted to punishing their children with a “martinet” (a small whip); 30% of children said they had been punished with a martinet. When asked the reason for smacking their children, parents said it was part of “bringing up” their children (77%), it was to “relieve their feelings” (7%) or both of these things. When asked how they planned to discipline their own children when they become parents, 64 per cent of French children responded "the same". 61% of grandparents and 53% of parents said that they oppose a ban on corporal punishment of children. (Reported in The Scotsman, 8 December 2007)

A survey of 1,000 people, carried out in 1999 by SOFRES for the organisation “Eduquer sans frapper”, found that over half (51%) of respondents who had children hit them often, a third hit them rarely, and only 16% had never hit them. Mothers were more likely to report hitting their children than fathers. Almost a half of those questioned (45% ) believed that corporal punishment has a negative effect on children’s development. (Reported by Olivier Maurel, January 2004)

A questionnaire survey by Olivier Maurel completed by 130 secondary school pupils in Toulon in 2001 found that fewer than one in ten had never been hit; 72 pupils reported having been hit moderately, 19 violently. (Reported by Olivier Maurel, January 2004)

A 1985 study of parents found that 59% used physical force as an “educational” method, though 72% believed that this should be only in exceptional circumstances. The most common form was smacking on the bottom (34%), but almost a third (29.5%) had shaken their children, a quarter had used slaps, and just over one in ten (11.3%) had used other physical methods. (Legal, J., 1999, “Corporal punishment or physical intervention”, Journal of Youth Law, no. 185)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the fact that the State party considers corporal punishment totally unacceptable and inadmissible, however it remains concerned that corporal punishment is not explicitly prohibited in the family, in schools, in institutions and in other childcare settings.

“The Committee encourages the State party to expressly prohibit corporal punishment by law in the family, in schools, in institutions and in other childcare settings. It further recommends awareness-raising and promotion of positive, non-violent forms of discipline, especially in families, schools and care institutions in light of article 28, paragraph 2, of the Convention.”
(30 June 2004, CRC/C/15/Add.240, Concluding observations on second report, paras. 38 and 39)

“The Committee would also like to suggest that further awareness-raising and educational measures be undertaken to prevent child abuse and the physical punishment of children.”
(25 April 1994, CRC/C/15/Add.20, Concluding observations on initial report, para. 24)

European Committee of Social Rights

“In the previous conclusion the Committee noted that the Penal Code prohibits violence against the person and provides for increased penalties where the victim is under 15 years of age or where the perpetrator is related to the child or has authority over the child, but does not necessarily cover all forms of corporal punishment which it found not to be in conformity with the Revised Charter. The Committee finds no information in the report that the situation has changed. The Committee notes therefore that corporal punishment is not prohibited in the home or in institutions and other childcare settings and that this situation is not in conformity with the Revised Charter.

“The Committee notes from another source that High Court ruling of 1889 allowed a ‘right to correction’ for teachers and for parents. A 2000 judicial ruling stated that corporal punishment which is repetitive and not educational is not covered by this right. The Committee asks the next report to explain the implications of the 2000 judicial ruling with regard to the use of corporal punishment in the home.

…

“The Committee concludes that the situation in France is not in conformity with Article 17.1 of the Revised Charter on the grounds that:

- corporal punishment of children is not prohibited….”
(March 2005, Conclusions 2005)

“As regards corporal punishment of children, the Committee notes that according to the report corporal punishment of children is not explicitly prohibited in the home, in school or in other institutions. Although the Penal Code prohibits violence against the person and provides for increased penalties where the victim is under 15 years of age or where the perpetrator is related to the child or has authority over the child. The Committee notes that these provisions of the Penal Code do not necessarily cover all forms of corporal punishment and therefore finds that the situation is not in conformity with the Revised Charter….

“The Committee concludes that the situation in France is not in conformity with Article 17.1 of the Revised Charter as the corporal punishment of children is not prohibited.”
(1 October 2003, Conclusions 2003 Vol. 1, page 173)

“The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere….”
(1 January 2001, Conclusions XV-2 vol. 1, pages 220-225)