Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Legal protection from violence and abuse is given by the Criminal Law and the Family Act (1989). Article 12 of the Charter on Human and Minority Rights and Civil Liberties (2003) states: “Everyone shall be entitled to inviolability of his/her physical and mental integrity; No one may be subjected to torture, inhuman or humiliating treatment....” Other protection is given by the Penal Code of Montenegro (2004) provisions against neglect and abuse of a minor (article 219) and violence in a family or a family community (article 220), the latter stating: “(1) Anyone who by use of violence or by an impudent or arrogant behaviour endangers peace, physical integrity or mental condition of a member of his family or family community shall be sentenced to a fine or imprisonment not exceeding one year.” Sentences are increased if bodily injury or death results from the violence (paras. (3) and (4)). There is no explicit recognition of a “right” to administer corporal punishment in the Code.

Schools

Corporal punishment is prohibited in schools. The General Law on Education (?2003) states in article 111 that “the employment of a teacher who … (9) humiliates, insults, or punishes students physically … shall be ceased.” Article 97 states: “A school shall provide its students the following rights: … (7) to be protected in any relation to all kinds of violence in the school.” The Law on Primary Education states in article 66: “Disciplinary measures shall be applied to pupils in the schools, only in case they have justifiable pedagogical excuse. Disciplinary measures are: the written warning of the class master, the principal’s reprimand, the Panel of teachers’ reprimand and the dislocation into another class or into another school within the same area, as rule….” The Law on High School states (article 49): “Students not meeting their duties and not observing school rules may be pronounced disciplinary measures such as warning, reprimand and expel from high school….”

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions under the Criminal Law. Article 12 of the Charter on Human and Minority Rights and Civil Liberties (see above) applies. The Criminal Code lists available sanctions as “punishments, warning measures, security measures and educational measures” (article 4(1)) and makes no provision for corporal punishment. Juveniles may be ordered educational measures, namely reprimand, committal to a reformatory educational centre, educational institution, educational-correctional home or institution for medical treatment and rehabilitation, intensive supervision by various persons, imprisonment or security measures (articles 83 to 109).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Workplace

No information

Prevalence research

Interviews with young offenders, carried out as part of a UNICEF assessment of the juvenile justice system, revealed that many had experienced physical punishment during custody in penal institutions. (Conragan, C., 2002, Children in conflict with the law: Victims of the transition – An assessment of the juvenile justice systems in the Republics of Serbia and Montenegro, UNICEF)

Recommendations by human rights treaty bodies