Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Parents have a right to punish their children under article 1179 [?1379] of the Civil Code (1935, amended 1991), which states that parents should discipline their children “within the boundaries of common law and social influence”, and articles 49 and 59 of the Islamic Penal Code (1991, amended 1996). Under the Islamic Penalties Act (1982), actions by parents should not cause bodily harm, and any stroke causing a change of skin colour should be indemnified by the payment of dieh (blood money).

Children have limited protection from violence and abuse under the Law on the Protection of Children and Adolescents (2003) which prohibits abuse “which causes physical, emotional and moral damage to [the child] and jeopardizes his or her physical or psychological health” (article 2) and “any form of injury, violence, physical or psychological torture against the child” (article 4). Under article 9, any rules and regulations contrary to the Law are null and void, but article 8 states that the “correction measures” in article 59 of the Islamic Penal Code and article 1179 of the Civil Code “are exceptions to the law”.

Schools

Corporal punishment is prohibited in schools.

Penal system

Corporal punishment is lawful as a sentence for crime. Article 49 of the Islamic Penalties Act states that if a child commits a crime, the education and disciplining of the child will be given to the guardian, but if necessary the court will instruct the house of correction (the Centre for Correction and Education) to carry out the task. Note 2 to article 49 states that whenever corporal punishment is necessary for the education and disciplining of juvenile delinquents, the range and kind of corporal punishment should be “moderate and equitable”, and will be determined by the court. Based on Islamic law, the Islamic Penal Code provides for two categories of penalties – Hudud (fixed penalties) and Qisas (retribution) or Diya (blood money). Hudud penalties are applied to crimes such as adultery, drinking alcohol, highway robbery, theft, rebellion against Islamic Authorities and apostacy, and include stoning, amputation and flogging. Flogging of young people is commonly ordered for such offences against the law as mixing of the sexes, drinking alcohol, and premarital sexual relations, including against girls as young as 9 years. In September 2005 the public prosecutor announced that women violating the strict dress code would be immediately and publicly flogged.

Corporal punishment is lawful as a disciplinary measure in penal institutions.

Alternative care

There is no prohibition of corporal punishment in other institutions and forms of childcare. The provisions against violence and abuse in the Law on the Protection of Children and Adolescents (see above) apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee deeply regrets that under the existing laws, persons below the age of 18 who have committed a crime can be subjected to corporal punishment and sentenced to various types of torture or other cruel, inhuman or degrading treatment or punishment, such as amputation, flogging or stoning, which are systematically imposed by judicial authorities and which the Committee considers to be totally incompatible with article 37 (a) and other provisions of the Convention.

“In the light of the consideration of the Bill on the Establishment of Juvenile Courts, the Committee urges the State party to take all the necessary measures to ensure that persons who committed crimes while under 18 are not subjected to any form of corporal punishment and to immediately suspend the imposition and the execution of sentences of amputation, flogging, stoning and other forms of cruel, inhuman or degrading treatment or punishment.

“The Committee continues to be concerned about legislation that provides for corporal punishment within the family. While welcoming the new Law on the Protection of Children and Adolescents (2003), which includes the prohibition of all forms of molestation and abuse of children and the obligation to report cases of child abuse, the exceptions stated therein continue to legally allow various forms of violence against children. More particularly, several articles of the Civil and Penal Code [sic], have been excluded, including article 1179 of the Civil Law and article 59 of the Penal Code which gives parents the right to physically discipline their children within non-defined “normal limits”. In the Committee’s view, such exceptions contribute to the abuse of children inside and outside the family and contravene the principles and provisions of the Convention, in particular article 19. The Committee also notes with concern, that certain forms of sexual abuse of children or grandchildren are not explicitly prohibited.

“The Committee recommends that the State party:

1. continue and strengthen its efforts, including through legislative and other measures to prohibit and prevent all forms of physical and mental violence against children, including corporal punishment and sexual abuse, in the family, in schools, and in other institutions, and take the necessary legislative measures to ensure that all those who sexually abuse children are punished without discrimination;
2. initiate public education campaigns against the use of all forms of violence against children and encourage alternative forms of discipline….

“The Committee welcomes the efforts of the State party to improve the laws with regard to persons below 18 in conflict with the law…. However, it deplores the information referred to in paragraph 29 above that, despite the statement of the delegation during the consideration of the current report that, in view of the Bill on the Establishment of Juvenile Courts, executions, torture and other cruel, inhuman or degrading treatment or punishment of persons for having committed crimes before the age of 18 have been suspended, such executions and ill-treatment have continued since the consideration by the Committee of the State party’s initial report. The Committee remains concerned at the existing poor quality of the rules and practices in the juvenile justice system, reflected, inter alia, in the lack of statistical data, the limited use of specialized juvenile courts and judges, the low age of criminal responsibility, the lack of adequate alternatives to custodial sentences, and the imposition of torture and other cruel and inhuman punishment and in particular of the death penalty.

“The Committee repeats its recommendation contained in paragraph 9 above that the State party take, as a matter of the highest priority, the necessary measures for the approval and implementation of the Bill on the Establishment of Juvenile Courts and ensure that it complies with the provisions of the Convention, in particular articles 37, 39 and 40, as well as with other relevant international standards in this area…. In this respect the Committee urges the State party, in particular:

b) to suspend immediately the imposition and execution of all forms of torture and other cruel, inhuman or degrading treatment or punishment, such as amputation, flogging or stoning, for crimes committed by persons under 18….”
(31 March 2005, CRC/C/15/Add.254, Concluding observations on second report, paras. 45, 46, 47, 48 (a and b), 72 and 73 (b))

“In light of article 37 (a) of the Convention, the Committee is seriously concerned that persons who committed crimes while under 18 can be subjected to corporal punishment under Note 2 of article 49 of the Islamic Penal Law, or can be subjected to a variety of types of cruel, inhuman or degrading treatment and punishment such as amputation, flogging and stoning, which are systematically imposed by judicial authorities. Concurring with the Human Rights Committee (CCPR/C/79/Add.25), the Committee finds that application of such measures is incompatible with the Convention.

“The Committee recommends that the State party take all necessary steps to end the imposition of corporal punishment under Note 2 of article 49 of the Islamic Penal Law and the imposition of amputation, flogging, stoning and other forms of cruel, inhuman or degrading treatment and punishment to persons who may have committed crimes while under 18.

“In light of articles 19 and 39 of the Convention, the Committee is concerned that legislation provides for corporal punishment within the family, under Note 2 of article 49 and article 59 of the Islamic Penal Law and article 1179 of the Civil Code.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence against children, including corporal punishment and sexual abuse, in the family and in the schools. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and the schools….”
(28 June 2000, CRC/C/15/Add.123, Concluding observations on initial report, paras. 37, 38, 39 and 40)

Human Rights Committee

“The Committee notes with interest the establishment of a Human Rights Office within the Ministry for Foreign Affairs, the measures under consideration in the Islamic Republic of Iran to improve the status of women and the promise to reconsider the question of corporal punishments….

“… [T]he Committee considers that the application of measures of punishment of extreme severity, such as flogging, lapidation and amputation, is not compatible with the provisions of article 7 of the Covenant….

“Effective measures should be adopted to ensure the strictest observance of articles 7 and 10 of the Covenant. All complaints of extrajudicial executions, disappearances, torture and ill-treatment should be duly investigated, the culprits should be punished and measures should be taken to prevent any recurrence of such acts. Severe forms of punishment incompatible with the Covenant should be removed from law and practice and the conditions of detention of persons deprived of their liberty should be improved….”
(3 August 1993, CCPR/C/79/Add.25, Concluding observations on second report, paras. 5, 11 and 19)