Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 28 of the Children’s Act (2003) states: “It is the parents’ obligation to protect their child against any physical or mental violence and other degrading or humiliating behaviour.” This is interpreted as prohibiting corporal punishment. Article 1 of the Child Protection Act (2002) places an obligation on parents “to treat their children with care and consideration” and “to safeguard their welfare at all times”.

There is no legal defence available to parents who use corporal punishment, though there is a right to use physical force as an emergency restraint when an individual is in danger of injuring him- or herself or others. Cases of corporal punishment may be considered child abuse and subject to the Child Protection Act, which punishes those who “mistreat the child mentally or physically, abuse him/her sexually or otherwise, or neglect the child mentally or physically, so that the child’s life or health is at risk” (article 98), those who inflict “punishments, threats or menaces upon a child, that may be expected to harm the child physically or mentally” (article 99), and “any person who subjects a child to aggressive, abusive or indecent behaviour or hurts or insults him/her” (article 99). Other protection from violence is given by the Criminal Code (1940).

Schools

Corporal punishment is unlawful in schools. Regulations on school rules issued under the Junior Schools Act (1995) do not permit the use of corporal punishment in junior schools, and forbid employees of the school using force except where necessary to put an end to violence or prevent a pupil harming himself, others or property. Corporal punishment is regarded as prohibited in kindergartens, although there is no explicit prohibition in the Kindergartens Act (1994).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. Article 68 of the Constitution (1944) prohibits “torture or other inhuman or degrading treatment or punishment”.

Alternative care

Corporal punishment is prohibited in other institutions and forms of childcare. Rules on the rights of children and coercive measures taken in state treatment homes were issued in 1999 and explicitly prohibit corporal punishment, stating that “application of physical punishment and solitary confinement, administration of drugs without medical consultation, and any application of restraints, such as ropes, adhesive tape, belts or other similar means of physical restraint, are prohibited, whether as a means of punishment or for the purpose of treatment or upbringing”. Other homes or institutions are governed by Rules No. 401/1998 which state that “children may never be subjected to physical or psychological punishment in such homes”. Article 82 of the Child Protection Act prohibits in homes and institutions “any physical or mental punishment upon the child” and “confinement, isolation and other comparable coercive measures or disciplinary penalties unless necessary”. Regulations on day care in private homes No. 198 (1992) prohibit the use of mental or physical punishment on children. Regulations on services for disabled children and the families of the disabled No. 155 (1995) prohibit physical punishment.

Workplace

Corporal punishment is prohibited.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee recommends that the State party:

1. raise awareness among parents, other caretakers, and the public at large of the prohibition of corporal punishment – including in the family – under existing legal provisions;
2. continue to strengthen and expand the coverage of the Children’s House concept throughout the State party;
3. conduct public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment….”

(31 January 2003, CRC/C/15/Add.203, Concluding observations on second report, para. 29 (a, b and c))

European Committee of Social Rights

“Under Icelandic law, all violence is punishable except where employed as an emergency measure to serve a greater interest. The Committee notes that corporal punishment (and mental punishment) is prohibited in homes and institutions for children (Section 82 of the Child Protection Act, No. 80/2002).

“It notes from another source that corporal punishment of children is prohibited in schools and asks that the next report indicates the legislation laying down this prohibition.

“The Committee notes that the Child Protection Act, No. 80/2002, states that parents are prohibited from using physical violence against their children. Section 1, paragraph 2 makes particular mention of care and consideration as elements in custodial and upbringing obligations. In this context the report states that the Icelandic Parliament, during discussions held on the Child Protection Act, interpreted this paragraph to imply the important principle that children should be shown respect, and not be subjected to corporal punishment. The Committee further notes that said obligation of parents is reinforced by the Children’s Act of 2003, which entered into force in November 2003, which explicitly prohibits all forms of corporal punishment of children in the home.”
(July 2005, Conclusions XVII-2)

“The Committee notes that corporal punishment (and mental punishment) is prohibited in homes and institutions for children and youth (Section 53 of the Children and Youth Protection Act). However it wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in the home and elsewhere….”
(1 January 2001, Conclusions XV-2 vol. 1, pages 281-283)