Summary of law reform necessary to achieve full prohibition

Corporal punishment is prohibited in all settings, including the home.

Current legality of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 2 of the Law on Children and the Family (2008) prohibits physical violence and inhuman and degrading treatment within families and educative communities and this is interpreted as prohibiting all corporal punishment, however light, in the home. The right of paternal punishment in the Civil Code was abolished in 1939.

Schools

Corporal punishment has been prohibited in schools since 1845. Ministerial regulations of 24 September 1981 establish directives on internal order and discipline in secondary schools and technical secondary schools and do not allow for corporal punishment. The National Education Code (2004) explicitly prohibits corporal punishment (article 9).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sanction under the Penal Code.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The grand-ducal regulation of 9 September 1992 on security and discipline in socio-educational centres and the law of 16 June 2004 on the reorganisation of state socio-educational centres prohibit corporal punishment. Article 52 of the grand-ducal regulation of 24 March 1989 prohibits penitentiary staff from imposing cruel and violent treatment on detainees.

Alternative care

Corporal punishment is prohibited in all alternative care settings under the Law on Children and the Family (see above).

Prevalence research

None identified in the last ten years.

For research published more than ten years ago, see the research pages.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with satisfaction that various concerns and recommendations (CRC/C/15/Add.92) made upon the consideration of the State’s initial report (CRC/C/41/Add.2) have been addressed through legislative measures and policies. However, it regrets that some of its concerns and recommendations have been insufficiently addressed, particularly those contained in ... [paragraph] 31 (the absence of a provision prohibiting corporal punishment within the family and in care institutions)….

“The Committee continues to be concerned that there is no legislation explicitly prohibiting corporal punishment within the family and that this practice seems to be largely accepted in the society.

“The Committee, reiterating its previous recommendation, urges the State party to introduce a provision expressly prohibiting corporal punishment within the family, and to strengthen its efforts to raise awareness among parents and care-givers of alternative non-violent forms of discipline.”
(31 March 2005, CRC/C/15/Add.250, Concluding observations on second report, paras. 6, 38 and 39)

“In the light of articles 3, 5, 19 and 28.2 of the Convention, concern is expressed that corporal punishment within and outside the family is not specifically prohibited by law....

“In the light of articles 3, 19 and 28.2, the Committee recommends that corporal punishment at home and in care institutions be explicitly prohibited by law.”
(24 June 1998, CRC/C/15/Add.92, Concluding observations on initial report, paras. 13 and 31)

European Committee of Social Rights

“The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…

“The Committee defers its conclusion pending receipt of the information requested….”
(1 June 2001, Addendum to Conclusions XV-2, pages 91-94)

Universal Periodic Review

Luxembourg was examined under the Universal Periodic Review process in 2008. Full prohibition of corporal punishment was achieved in the same year.