Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. There is no specific legal defence available to parents, but there is no explicit prohibition of corporal punishment of children.

According to Royal Order No. 306 of 14 May 1993 on the entry into force of the Legal Capacity Act, parents are responsible for the upbringing and care of the child and have a duty to protect the child from physical or mental violence or other forms of degrading treatment. Parents’ responsibilities are specified in Act No. 197 on the Legal Rights of Children (1962). Children have some protection from parental violence and abuse under the Criminal Code (sections 49, 50 and 60).

Schools

Corporal punishment is prohibited in public and private schools by Home Rule Order No. 11 of 14 May 2003.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. There is no provision for corporal punishment in the Criminal Code, Consolidation Act No. 288 (1963, amended). As at May 2007, a new Special Criminal Code and a new Special Administration of Justice Act was being drafted.

Alternative care

Corporal punishment is prohibited in foster homes run by the Home Rule under the Home Rule executive order on foster homes (1996). The legality of corporal punishment in private and municipal homes is unclear, although these should be supervised by Home Rule authorities. There is no law authorising the use of corporal punishment in other alternative care settings, but there is no explicit prohibition. Children are protected from other violence and abuse under the Criminal Code and the Decree on Assistance to Children and Youth (2003).

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies