Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home under a 2004 amendment to the Act on the Protection of Children and Guardianship Administration (the Child Protection Act) (1997), which came into force in January 2005. Article 6.5 states: “The child has the right to be respected his/her human dignity, to be protected against abuse – physical, sexual and mental violence –, failure to provide care and injury caused by any information. The child shall not be subjected to torture, corporal punishment and any cruel, inhuman or degrading punishment or treatment.”

The Civil Code (1959) states that “parental guidance” should take into account the interests of the child and that it is an offence for the person responsible for the education, supervision, or care of the child to jeopardise the child’s physical, mental, or moral development. Article 54 of the Constitution (1949) states that “everyone has the inherent right to life and to human dignity” and that no one shall be subject to “torture or to cruel, inhuman or humiliating treatment or punishment”. Article 67 states that “all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development”. Other protection from violence is given by the Criminal Code (1978, amended 2005), including article 170 on battery. Parliament Resolution No. 45/2003 (IV 16) on developing a strategy to prevent and manage family violence emphasises the protection of human rights for all and states that family violence is not a private matter.

Schools

Corporal punishment is unlawful in schools. The Public Education Act (1993) states that children and students may not be subjected to physical discipline, torture, cruel or inhuman, humiliating punishment or treatment. Teachers are obliged to ensure the physical integrity, moral protection and the development of the personality of the child or student.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sentence under the Penal Code (1978), the Statutory Regulation on the Execution of Penalties and Measures or the Criminal Procedure Code (amended 2006). Law Decree No. 11 on punishments and measures (1979) provides for the respect of human dignity and states that convicts may not be subjected to torture or cruel, inhuman or humiliating punishment. A similar provision is in Act No. 34 on the Police (1994). Article 54 of the Constitution applies (see above).

Corporal punishment is unlawful as a disciplinary measure in penal institutions. According to the Decree of the Minister of the Interior no. 19/1995 on the procedures in police jails, detainees shall be treated with respect for their human dignity, and torture and cruel, inhuman or humiliating treatments are prohibited. The Penitentiary Act states that human dignity must be respected and prohibits torture and merciless, inhuman or humiliating measures. Other applicable laws pertaining to juvenile detention include the Ordinance of the Minister of Justice on the rules of deprivation of liberty and police custody, the Ordinance of the Minister of Welfare on the Regulations on the juvenile corrections centres and the rules of correction centres defined in Decree No. NM 30/1997. The Police Jail Service Regulations provide for the treatment of detainees in the police jail.

Alternative care

Corporal punishment is unlawful in other institutions and forms of care. Minimum standards for institutions are set out in the Child Protection Act. The Civil Code and the Constitution (see above) also apply.

Workplace

Corporal punishment is prohibited.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with appreciation a number of positive developments in the reporting period, including: …

d) the prohibition of corporal punishment in the home by amendment of the Act on the Protection of Children in 2004….

“The Committee is concerned that corporal punishment in schools, despite being prohibited by the Hungarian Child Education Act, continues to occur.

“The Committee recommends that the State party undertake measures, including corrective ones, in order to sensitise professionals within the educational system, in particular teachers, about their obligation to refrain from resorting to corporal punishment. In addition, the Committee recommends that awareness-raising campaigns be implemented in order to inform children of their rights.”
(17 March 2006, CRC/C/HUN/CO/2, Concluding observations on second report, paras. 3 (d), 54 and 55)

“The Committee expresses its concern that the legal and other measures being taken to address the problems of child abuse, including sexual abuse within the family, are insufficient. The Committee is also concerned about the lack of research on the issue of sexual abuse within the family....

“In light of articles 19 and 37 (a), the Committee strongly recommends that the State party take all appropriate measures to prevent and combat ill-treatment of children, including physical and sexual abuse within the family, at school and in child-care institutions. The Committee recommends that the State party undertake prevention campaigns, including through education, to protect children against abuse and maltreatment. Comprehensive studies on these issues should be initiated in order to understand them better and facilitate the elaboration of policies and programmes, including rehabilitation programmes, to combat them effectively.”
(5 June 1998, CRC/C/15/Add.87, Concluding observations on initial report, paras. 20 and 32)

European Committee of Social Rights

“The report states that the Act on the Protection of Children provides that corporal punishment is prohibited, and that children may not be subjected to torture, or to cruel, inhumane, or humiliating punishment of treatment (Article 6 Sub-paragraph (5)). In pre-schools and schools, the personality, human dignity, and rights of a child and/or student must be respected, and he or she must be protected against physical and emotional violence. Under the Public Education Act, no child or student may be subjected to corporal punishment, torture, cruel, inhuman, or humiliating punishment or treatment (Article 10, Sub-paragraph (2)). The Committee notes that Hungarian penal law practice recognises the exercise of the right of house discipline within the family. It notes that there is no prohibition in legislation of corporal punishment in the home.

“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 any other form of degrading punishment or treatment of children must be prohibited in legislation and 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 cannot be considered to be in conformity with Article 17 of the Charter.

…

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

- corporal punishment in the home is not prohibited….”
(March 2005, Conclusions XVII-2)

“As regards corporal punishment of children, the Committee wishes to know whether legislation prohibits corporal punishment of children in schools, in institutions, in the home or elsewhere, as it finds the report unclear on this point….
(2003, Conclusions XVI-2, page 442)