Lawfulness of corporal punishment

Home

French law applies in Martinique, including the Criminal and Civil Codes. Corporal punishment is lawful in the home, under the parental “right of correction” in customary law.

Children are protected from severe corporal punishment by articles 222-8 to 222-14 of the Criminal Code, which prohibit violence or ill treatment that endangers a child or damages his or her physical integrity. Under article 375 of the Civil Code, a child may be taken into public care if his or her health, security or morality is in danger, or if the conditions of the child’s education are gravely compromised.

Schools

There is no explicit prohibition in law of corporal punishment in schools and “light correction” is tolerated in the same way as it is for parents. French law applies.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions under the French Criminal Code (1994) and the Criminal Procedure Code (1994).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. Prosecution is possible under the Criminal Code (see above).

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies