Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, penal institutions and alternative care settings.

Article 84 of the Family Relations Code confirms a right of correction, and legal provisions against violence and abuse are not interpreted as prohibiting corporal punishment in childrearing. The near universal acceptance of a certain degree of violence in childrearing necessitates clarity in law that no degree of corporal punishment is acceptable or lawful. The “right of correction” should be explicitly repealed and explicit prohibition of all corporal punishment should be enacted in relation to parents and all those with parental authority.

Explicit prohibition should be enacted of corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law and in all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. The Family Relations Code (1973) states that “the authority of the father comprises a right to custody, of management, surveillance and correction” (article 84). In 2007, under examination by the Committee on the Rights of the Child, the government delegation stated its commitment to implementation of all the recommendations of the UN Secretary General’s Study on Violence against Children (9 February 2007, CRC/C/SR.1207, para. 68). As at August 2009, a new Family Code was under discussion which does not include the “right of correction” but does not explicitly prohibit all corporal punishment in childrearing.

Schools

Corporal punishment is prohibited in schools, under internal regulations No. 94-4856/MEB-CAB of 8 April 1994 (fundamental schools), No. 94-4999/MEB/CAB (special education institutions) and No. 94-5000 of 15 April 1994 (kindergartens).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sanction for crime under the Code on the Protection of the Child (article 169) or the Criminal Code.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions, but there is no explicit prohibition. The penitentiary system is governed by Decree No. 88-002 (1988), article 105 of which forbids staff from using acts of violence on convicts, and punishments for disciplinary offences (article 112), do not include corporal punishment. Article 14 of the Code on the Protection of the Child states that a child placed in a protective educational or rehabilitative institution, or in a place of detention, has the right to physical and moral protection.

Alternative care

Corporal punishment is lawful in alternative care settings.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While the Committee notes that some of its previous recommendations (CRC/C/15/Add.113) have been implemented, it regrets that many have not been sufficiently addressed, including those recommendations regarding birth registration, corporal punishment and ill-treatment, neglect and abuse of children, female genital mutilation and early and forced marriages, economic exploitation, discrimination against certain vulnerable groups of children and the reform of the juvenile justice system. These concerns and recommendations are reiterated in the present document.

“The Committee appreciates the efforts undertaken by the State party to combat corporal punishment by implementing legislative, administrative, social and educational measures. However, it remains concerned that corporal punishment is lawful in the home and that it is used within families, Koranic schools and alternative care settings, and not explicitly prohibited in penal institutions.

“The Committee urges the State party, while taking into account its general comment No. 1 on the aims of education (CRC/GC/2001/1) and general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), to:

1. explicitly prohibit corporal punishment within the home, in all alternative care settings, and in penal institutions;
   
   
2. continue to sensitize and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns on the harmful effects of corporal punishment;
   
   
3. continue to promote positive, non-violent forms of discipline as an alternative to corporal punishment; and
   
   
4. seek assistance from, among others, UNICEF and the World Health Organization (WHO).

(3 May 2007, CRC/C/MLI/CO/2, Concluding observations on second report, paras. 6, 39 and 40)

“While the Committee is aware that corporal punishment is prohibited in schools and in care and other institutions, including the Bollé Observation and Rehabilitation Centre, it remains concerned that traditional societal attitudes continue to encourage the use of such punishment within families and generally within society. The Committee recommends that the State party take appropriate measures to prohibit by law corporal punishment in care institutions. The Committee further recommends that the State party reinforce measures to raise awareness of the negative effects of corporal punishment and change cultural attitudes to ensure that discipline is administered in a manner consistent with the child’s dignity and in conformity with the Convention.”
(2 November 1999, CRC/C/15/Add.113, Concluding observations on initial report, para. 25)