Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home and possibly all other settings.

We have been unable to establish whether or not legislation confirms a right of parents to inflict corporal punishment on their children, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment. The near universal acceptance of corporal punishment in childrearing necessitates clarity in law that no kind or degree of corporal punishment can be considered reasonable or lawful.

The law should explicitly prohibit corporal punishment in all education settings, public and private, and in relation to the disciplinary measures in all institutions accommodating children in conflict with the law. Legislation should also clearly prohibit corporal punishment in all alternative care settings.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have some protection from violence and abuse under the Criminal Code, the Civil Code and the Constitution of China (1982).

Schools

No information.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment of children in Decree-Law 65/99/M concerning educational and social regimes (1999), the Code of Criminal Procedure and the Criminal Code. Article 28 of the Basic Law prohibits torture or other cruel, inhuman or degrading treatment or punishment.

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

Alternative care

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)