Lawfulness of corporal punishment

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Corporal punishment is unlawful in the home. In 1996, a Supreme Court judgement outlawed all violence in childrearing (Judge Ippolito, Supreme Court of Cassation, 18 March 1996). Article 571 of the Criminal Code (1975, amended 2005) states: “Whoever misuses means of correction or discipline to harm a person subject to his authority, or entrusted to him for purposes of education, instruction, treatment, supervision or custody … shall be punished.” The offence of abuse of correctional methods is applicable if there is a relationship of authority between the abuser and the abused, if the abuse results in physical or mental injury, and if it involves legitimate correctional methods. Since, according to the 1996 ruling, corporal punishment is no longer a legitimate method of discipline, it is not defensible under the right to correction (“jus corrigenda”). As at March 2007, the prohibition of corporal punishment had not been confirmed in legislation.

Under article 572 of the Criminal Code, whoever mistreats a person belonging to the family, or a child under the age of 14 years, or a person subject to his authority, or supervision or custody or for reasons of professional activity or handicraft shall be punished. Further protection is afforded by articles 581, 582, 609 and 610, and by Law No.154/2001 (“Measures against violence within the house-hold”).

Following a complaint against Italy brought in 2003 by the World Organisation Against Torture under the Collective Complaints procedure of the European Social Charter, the European Committee of Social Rights concluded by 11 votes to 2 that there was no violation of Article 17 of the Revised Charter because the prohibition of all forms of corporal punishment of children has a legislative basis (Resolution ResChS(2005)1, Collective complaint No. 19/2003 by the World Organisation against Torture (OMCT) against Italy, adopted by the Council of Ministers on 20 April 2005).

Schools

Corporal punishment has been unlawful in schools since 1928.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. Article 13 of the Constitution (1948, amended 2001) states: “All acts of physical or moral violence against individuals subjected in any way to limitations of freedom are punished.” Article 27 states: “Punishment cannot consist in treatment contrary to human dignity and must aim at rehabilitating the condemned.” The Criminal Code also applies (see above).

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare. The Criminal Code applies (see above).

 Workplace

No information.

Prevalence research

Official statistics show that, for crimes for which the judicial authority initiated criminal action between 1986 and 1996, there was an increase in the prevalence of maltreatment within the family (for both adults and children) and of abuse of children by means of punishment. There was also a general increase between 1997 and 2001. (ISTAT Criminal Judicial Statistics. Cited in Italy’s Second Report under the Convention on the Rights of the Child, 2000, CRC/C/70/Add.13; ISTAT Criminal Judicial Statistics, Years 1997-2001)

Data analysis of calls to Telefono Azzurro (a children’s helpline) between January 2000 and June 2002 indicated that over 40% of abuse was physical and 78.6% of all child abuse takes place in the home, with children up to 10 years of age being most at risk. (Analysis presented in the alternative report by Telefono Azzurro to the Committee on the Rights of the Child, February 2003)

An inspection by the Council of Europe’s Committee for the Prevention of Torture of the penal institution for minors in Naples found that staff believed in and administered slaps to the child detainees, for their “educational function”. (Cecchetti, R. & Boffi, A., 2002, Rights of the Child in Italy: Report on the implementation of the Convention of the Rights of the Child, Switzerland: World Organisation against Torture)

In parental self-report research using the Conflict Tactics Scales, reported in 2001, the incidence of severe violence was 8%. (Bardi, M. & Borgognini-Tari, S. A., 2001, “A survey of parent-child conflict resolution: intrafamily violence in Italy”, Child Abuse & Neglect, vol. 25, pp.839-853. Cited in Krug, E. G. et al., eds, 2002, World report on violence and health, Geneva: World Health Organisation)

A questionnaire survey in 1999-2000 of the families of 6,250 pupils aged 3-12 years from kindergartens and primary schools investigated resolution of family conflicts through parental self-reporting using the Conflict Tactics Scales. From the 2,388 responses suitable for analysis, three out of four (77%) of caretakers declared that they had thrown something at the child, pushed, grabbed or shoved the child, or slapped/spanked the child during the survey year. One child in 11 (8%) was found to have experienced more severe forms of physical punishment during the same period. (Bardi, M. & Borgognini-Tarli, S. A., 2001, “A survey of parent-child conflict resolution: intrafamily violence in Italy”, Child Abuse & Neglect, vol. 25, pp.839-853.)

Telephone interviews with 1,009 adults aged 14 and over in April 2004, revealed that 69% believe it is acceptable for parents to smack their children, including 7% who believe it is always acceptable and 62% who believe there are some circumstances in which it is acceptable. A quarter believe it is unacceptable in any circumstances. (Market & Opinion Research International, 2004, “Attitudes towards smacking children: Italy”, Research conducted for the Association for the Protection of All Children)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the establishment of a National Commission for the coordination of action regarding maltreatment, abuse and sexual exploitation of children and the adoption of a global strategy. In addition, the Committee welcomes the enactment of Act 66/96 on sexual violence and Act 154/2001 on domestic violence, but remains concerned at the lack of comprehensive data and information on child abuse and/or neglect. Moreover, the Committee is concerned at the age-limit set in the legislation regarding violence against children, as children above 14 or 16 years (depending on the relations with the perpetrator) do not benefit from the same protection.

“In the light of article 19 of the Convention, the Committee recommends that the State party:

1. undertake studies on violence, ill-treatment and abuse against children, especially those from vulnerable groups, including sexual abuse, particularly within the family and at schools in order to assess the extent, scope and nature of such practices;
2. develop awareness-raising campaigns with the involvement of children in order to prevent and combat child abuse;
3. amend its legislation regarding the existing age-limit set for a special protection against all forms of violence against children.”

(18 March 2003, CRC/C/15/Add.198, Concluding observations on second report, paras. 37 and 38 (a, b and c))

“The Committee is preoccupied by the existence of child abuse, including physical and sexual abuse and violence within the family, and the insufficient protection afforded by the Penal Code in this regard, as well as the lack of adequate measures for the psycho-social recovery of child victims of such abuses....

“The Committee also suggests that the clear prevention and prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment within the family, be reflected in the national legislation.”
(27 November 1995, CRC/C/15/Add.41, Concluding observations on initial report, paras. 12 and 20)

European Committee of Social Rights

“The Committee recalls that the situation was found to be in conformity with the Charter in both the previous conclusion and in its decision on the merits of World Organisation against Torture (OMCT) v Italy (complaint No. 19/2003, decision on the merits of 8 December 2004). Italy prohibits corporal punishment of children within the family through a combination of legislation and case law (Decision No. 4909 of 16 May 1996 of the Court of Cassation). Since then, the Committee affirmed that in order ‘to comply with Article 17, 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’ (World Organisation against Torture (OMCT)v Portugal, complaint No. 34/2006, Decision on the Merits of 5 December 2006, §§19-21).

“The Committee asks that the next report explain whether this ruling is still good law.”
(2007, Conclusions XVIII-1, vol.2)

“As regards corporal punishment of children, the Committee notes that the Corte di Cazzione declared all corporal punishment to be unlawful in a judgment of 18 March 1996. It wishes to know what the effect of this decision is….

“Pending receipt of the information requested, the Committee defers its conclusion.”
(1 October 2003, Conclusions 2003 Vol. 1, page 300)

“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 315-317)