Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, penal institutions and alternative care settings.

The parental “right of correction” is recognised in French customary law. Explicit prohibition should be enacted of all corporal punishment, however light, by all persons with authority over children.

Explicit prohibition should also be enacted in relation to all educational settings, including public and private, full and part time, and including religious institutions, in relation to disciplinary measures in all institutions accommodating children in conflict with the law, and in relation to all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home under the “right of correction” in customary law. Provisions against violence and abuse in the Criminal Code (1994), the Civil Code, Act No. 2007-293 (2007) reforming child welfare and Act No. 2006-399 (2006) concerning domestic violence and violence against children are not interpreted as prohibiting all corporal punishment in childrearing.

In November 2010, a bill to abolish all forms of physical and psychological violence against children (Bill No. 1971), intended to prohibit all corporal punishment in childrearing, was filed in the National Assembly of France.

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. Under French law, an 1889 High Court ruling allowed a “right to correction” for teachers. A 2000 ruling stated that this did not apply to habitual and non-educational corporal punishment. According to the national report to the European Committee of Social Rights in 2010, some judicial decisions have acknowledged the “right of correction” by parents, teachers and educators, laying down the conditions that it must be (i) harmless, (ii) of moderate intensity (slaps, clothes seized, ears and hair pulled) and (iii) aimed at maintaining school order and discipline (16 December 2010, RAP/RCha/FR/X(2010), pp. 54-55).

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in criminal law.

As in France, corporal punishment is considered unlawful as a disciplinary measure in penal institutions, but there is no explicit prohibition in legislation. The Code of Criminal Procedure (1994) provides for respect for human dignity (article D.189) and prohibits violence towards detainees (article D.220). A decree of 4 April 1996 and its implementing circular of 12 April 1996 prohibit cruel, inhuman or degrading punishment.

Alternative care

Corporal punishment is lawful in alternative care settings under the customary “right of correction”. In 2003 the Supreme Court confirmed that nannies and babysitters have this right.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee regrets that some of the concerns and recommendations (CRC/C/15/Add. 240) it made upon consideration of the State party’s second periodic report have been insufficiently addressed, particularly those relating to … corporal punishment….

“While taking note of the State party’s assertion that all forms of physical corporal punishment are prohibited in the French Penal Code, the Committee reiterates its concern that corporal punishment, in particular in the home, as well as in schools, remains widespread, especially in the Overseas Departments and Territories, and that a specific provision to prohibit explicitly corporal punishment against children is still missing.

“Reiterating its previous recommendation and in accordance with its General Comment No. 8, the Committee recommends that the State party explicitly prohibit corporal punishment in all settings, including in the family, in schools, in institutions and other childcare settings, increase awareness-raising in this respect and promote the value of education without violence according to article 28, para. 2 of the Convention. In this endeavour, the Committee further recommends that the State party follow-up on the Council of Europe’s campaign to achieve full prohibition of all forms of corporal punishment which it has signed up for.”
(11 June 2009, CRC/C/FRA/CO/4 Advance Unedited Version, Concluding observations on third/fourth report of France, paras. 6, 57 and 58)

“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 of France, 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 of France, para. 24)

European Committee of Social Rights

“In its previous conclusion (Conclusions 2005) the Committee held that the situation was not in conformity with the Charter as all forms of corporal punishment of children were not prohibited. In this connection the Committee notes from the report of the Governmental Committee to the Committee of Ministers (TS-G (2005) 25, §78) that there is no specific prohibition of corporal punishment but under the Criminal Code any act of violence is prohibited. The French authorities consider that there is no need for further legislation.

“In its previous conclusion the Committee asked what were the implications of the 2000 judicial ruling which stated that corporal punishment which is repetitive and not educational is not covered by the ‘right to correction’ for teachers and for parents. According to the report some judicial decisions in fact acknowledged the use of ‘right of correction’ by parents, teachers and educators, provided that it is harmless, moderate (spank, clothes seized, ears and hair pulled) and aims at maintaining school order and discipline. However, if the objective is to humiliate the student, if the correction causes physical damage or if it is too degrading, courts tend to convict the adult.

“The Committee notes from another source that a survey by the Union of Families in Europe (UFE) of 2,000 grandparents, parents and children found that 96% of children have been smacked; 84% of grandparents and 87% of parents have administered the 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. Corporal punishment is lawful in alternative care settings under the customary ‘right of correction’. In 2003 the Court of Cassation confirmed that nannies and babysitters have this right.

“According to the report a draft law to include the prohibition of corporal punishment, including spanking, in the Civil Code has been brought to the National Assembly in 2010. The Committee wishes to be informed about the outcome.

“The Committee recalls that to comply with Article 17 with respect to the corporal punishment of children, States’ domestic law must prohibit and penalise all forms of violence against children, that is acts or behaviour likely to affect the physical integrity, dignity, development or psychological well being of children. The relevant provisions must be sufficiently clear, binding and precise, so as to preclude the courts from refusing to apply them to violence against children. Moreover, States must act with due diligence to ensure that such violence is eliminated in practice.

“The Committee holds that there has been no change to the situation which it has previously found not to be in conformity with the Charter. Therefore it reiterates its previous finding of non-conformity on this ground.…

“The Committee concludes that the situation in France is not in conformity with Article 17§1 of the Charter on the grounds that:

- all forms of corporal punishment of children are not prohibited….”
(January 2012, Conclusions 2011)

“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)

Universal Periodic Review

France was examined in the first cycle of the Universal Periodic Review in 2008. No recommendations were made concerning corporal punishment. Examination in the second cycle is scheduled for 2013.