Lawfulness of corporal punishment

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Corporal punishment is prohibited in the home. Article 9.2 of the Law on Protection of the Rights of the Child (1998) states: “A child cannot be treated cruelly, cannot be tormented and physically punished, and his/her dignity and honour cannot be offended.” The Law makes “failure to discharge parental obligations … the malicious usage of parental authority, the physical punishing of a child, as well as cruel behaviour against him/her” offences under the law (article 24.4), and states that “expression of parental will regarding a child can be limited, regardless of their opinions and religious convictions, if it is discovered that they can physically or morally harm the further development of a child” (article 24.5). Under article 51.3, every person has a duty to report violence towards a child, and article 52.4 states: “A child, who has suffered from violence (unlawful activities) within his/her own family or for whom exists a real endangerment of violence, shall be immediately provided outside-family care, if it is not possible to isolate the perpetrators from the child.”

The Criminal Code (1998, amended 2005) punishes corporal punishment which leads to “light body injury” as well as systematic beating. Article 200 of the Civil Code provides for deprivation of parental authority in cases of severe ill-treatment. Article 95 of the Constitution (1922, amended 1998) states: “The State shall protect human honour and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishments.” As at 2005, proposals by the Ministry for Children and Family Affairs were under discussion for possible amendments to the Criminal Code and the Code of Administrative Violations with a view to further protecting children from physical and emotional violence in the family.

Under the Education Law (2000), one of the obligations of parents and those with parental authority is “to observe the rights of the child” (section 58 (1)(3)).

Schools

Corporal punishment is prohibited in schools. Article 9.2 of the Law on Protection of the Rights of the Child applies (see above). Under the Education Law (1999), one of the general responsibilities of educators is “to observe the rights of a child” (section 51(6)).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. Article 9.2 of the Law on Protection of the Rights of the Child and article 95 of the Constitution apply (see above).

Alternative care

Corporal punishment is prohibited in other institutions and forms of childcare. Article 9.2 of the Law on Protection of the Rights of the Child applies (see above), and article 39.1 states: “A child who is taken under outside-family care cannot be humiliated, cannot be continually reminded of his/her vulnerability or dependence, or his/her dignity and honour offended in any other way.”

Workplace

Corporal punishment is prohibited.

Prevalence research

A survey by the Department of Clinical Psychology at the University of Latvia and the Centre Against Abuse: Support for Families and Children found that 23% of adolescent respondents reported experiencing less severe physical abuse (hitting, slapping, kicking, throwing something), and around 13% more severe physical abuse (beating, burning, using a knife or gun). (Cited by Child Abuse Network: www.canee.net)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the explicit prohibition of corporal punishment in the Law on the Protection of the Rights of the Child, but remains concerned that corporal punishment and other degrading practices continue to be practised within schools and in other institutions. The Committee is also concerned that while regional inspectors are mandated to investigate cases of corporal punishment, the sanctions they impose may not always be adequate, and that it is difficult to suspend or dismiss the offenders.

“The Committee reiterates its previous recommendation to ban from practice corporal punishment and other degrading practices in all settings, and to encourage the State party to strengthen measures to promote alternative forms of discipline in schools and other institutions for children, inter alia, by strengthening sanctions and bringing offenders to justice, including through the suspension of offenders from schools and institutions.”
(28 June 2006, CRC/C/LVA/CO/2, Concluding observations on second report, paras. 30 and 31)

“While noting that the Law on the Protection of the Rights of the Child of 1998 explicitly prohibits corporal punishment, the Committee expresses its concern at the still widespread use of corporal punishment, in particular within the family and in school and other institutions.

“In light of articles 19 and 28(2) of the Convention, the Committee encourages the State party to develop measures to raise awareness on the harmful effects of corporal punishment and to promote alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention. It also recommends the effective enforcement of the ban on corporal punishment in school and other institutions.”
(21 February 2001, CRC/C/15/Add.142, Concluding observations on initial report, paras. 27 and 28)

European Committee of Social Rights

The Committee noted in its previous conclusion on Article 17 that Latvian legislation prohibits cruel, inhuman or degrading treatment or punishment of children. Persons responsible for violence against a child, for prompting or forcing it to participate in sexual activities, for abuse of a child or for involving it in prostitution are guilty of a criminal offence (Section 51 of the Act on the Protection of the Rights of the Child). The Committee further observed that the Law on the Protection of the Rights of the Child provides for an explicit prohibition on corporal punishment of children including punishment within the family.
(2007, Conclusions XVIII-2, vol.1)

“The Committee notes from another source that the prohibition on corporal punishment of children includes punishment within the family.”
(March 2005, Conclusions XVII-2)