Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have some protection from violence and abuse under the Criminal Code, article 146 of which punishes “one who while having the lawful care or charge, or under his/her responsibility the direction or the education of a minor: (i) inflicts upon him/her physical or mental ill-treatment or treats him/her in a cruel manner…”, even if this is not an offence under other articles. Article 71 of the Civil Code states that all people have a right to their physical and psychological integrity. Article 49 of the Constitution of China (1982) prohibits the mistreatment of old people, women and children.

Schools

No information.

Penal system

Corporal punishment is unlawful as a sentence for crime. Juvenile justice is governed by Decree-Law 65/99/M concerning educational and social regimes (1999). Children aged between 12 and 16 years may be subject to educational measures which do not include corporal punishment (article 7). Children below the age of 12 years may be subject to social protection measures (article 77). From the age of 16 years, a young person may be sentenced to reduced measures applicable to adults under criminal law (Code of Criminal Procedure). Article 28 of the Basic Law prohibits torture or other cruel, inhuman or degrading treatment or punishment. Articles 234-238 of the Criminal Code prohibit torture or other cruel, inhuman or degrading treatment by a public official, including any act by which severe physical or psychological pain or suffering is inflicted on a person.

We have been unable to ascertain the legal status of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

No information.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that in mainland China the existing regulations banning corporal punishment in schools are unevenly implemented. It is also concerned that corporal punishment is not banned in the home and continues to be socially acceptable.

“The Committee is concerned that corporal punishment within the family is not prohibited by law and continues to be practiced in the home in Hong Kong and Macau SARs.

“The Committee urges the State party, in all areas under its jurisdiction, to:

1. explicitly prohibit by law corporal punishment in the family, schools, institutions and all other settings, including penal institutions; and,
2. expand public education and awareness-raising campaigns with the involvement of children on alternative non-violent forms of discipline in order to change public attitudes about corporal punishment.”

(30 September 2005, Concluding observations on second report on China (including Hong Kong and Macau Special Administrative Regions), Unedited version, CRC/C/15/Add.271, paras. 46, 47 and 48)