Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Parents and legal guardians are legally obliged to provide adequate care, protection and guidance for their children, but “reasonable chastisement” is permitted in common law and the Criminal Code (1854, amended 2006) recognises “lawful correction” (article 229). Article 132 of the Civil Code (1870, amended 2006) states: “(1) A child shall obey his parents in all that is permitted by law.” Article 154 (1)(a) states that a parent may be deprived of the rights of parental authority “if the parent, exceeding the bounds of reasonable chastisement, ill-treats the child, or neglects his education”.

The Criminal Code legislates against “grievous or slight” bodily harm (articles 214-240). Sentences are increased for violence which causes bodily harm to adult family members or to children under the age of nine (article 222). Article 339 makes it an offence for a person who “being authorized to correct any other person, exceeds the bounds of moderation”. Article 36 of the Constitution (1964, amended 1994) states that “no person shall be subjected to inhuman or degrading punishment or treatment”. The Domestic Violence Act 2005 (in force 2006) defines domestic violence as “any act of violence, even if only verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other” (article 2). According to the Concluding observations of the Committee on the Rights of the Child in 2000 (CRC/C/15/Add.129, para. 30), a draft Children Act reportedly prohibits physical punishment but we have no further details.

Schools

Corporal punishment is prohibited in schools, though there is no explicit prohibition. Article 13 of the Education Act (1988, amended 2006) prohibits the use of “physical violence” on students. Article 62 covers good behaviour and discipline in the schools and makes no provision for corporal punishment, but does not explicitly prohibit it. Article 1.5 of the Teachers (Code of Behaviours) Regulations (1988) states: “The teacher shall exercise authority in accordance with the law of the land and with evolving concepts of the pupil’s needs and rights.” Article 1.10 states: “The teacher shall not intentionally expose the pupil to embarrassment or disparagement.”

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. It is not a permitted sentence under articles 7 and 35-37 of the Criminal Code and article 3 of the Children and Young Persons (Care Orders) Act (1980, amended 2002). Article 36 of the Constitution (see above) applies, though it states: “(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Malta immediately before the appointed day.”

Alternative care

Institutions and other forms of childcare are legally obliged to provide adequate care, protection and guidance for children placed in their care, but there is no explicit prohibition of corporal punishment.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While the Committee takes note that the use of corporal punishment in schools has been prohibited and that the draft Children Act includes a prohibition on physical punishment, it remains concerned that corporal punishment and ‘reasonable chastisement’ in the home is not legally banned.

“The Committee recommends that the State party take all effective measures, including legal ones, to include an explicit prohibition on the use of corporal punishment in the home; to ensure that this prohibition is adequately monitored and enforced, both at home and in the schools; and to promote positive, non-violent forms of discipline as an alternative to corporal punishment in the home.”
(28 June 2000, CRC/C/15/Add.129, Concluding observations on initial report, paras. 29 and 30)

Committee on Economic, Social and Cultural Rights

“While corporal punishment is prohibited in schools and other institutions, the Committee notes that corporal punishment within the family, in the form of “reasonable chastisement”, is not prohibited by law.

“The Committee encourages the State party to consider an explicit prohibition on corporal punishment within the family.”
(26 November 2004, E/C.1/1/Add.101, Concluding observations on initial report, paras. 22 and 40)

European Committee of Social Rights

“The Committee notes that the report provides no information on corporal punishment of children. It notes from another source that the use of corporal punishment in schools has been prohibited and that the draft Children Act includes a prohibition on physical punishment. The Committee asks whether legislation prohibits corporal punishment of children in other institutions. The Committee notes that corporal punishment and ‘reasonable chastisement’ in the home is not legally prohibited.

“The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Malta is not in conformity with Article 17 of the Charter.

…

“The Committee concludes that the situation in Malta is not in conformity with Article 17 of the Charter on the grounds that:

- corporal punishment in the home is not prohibited….”
(March 2005, Conclusions XVII-2)

“The Committee asks whether legislation prohibits all forms of corporal punishment of children, in the home, in schools, in institutions, and elsewhere….”
(1 June 2001, Addendum to Conclusions XV-2, pages 125-127)