Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Article 5 of the Code on Children and Adolescents (1998) states: “Children or adolescents will not be subjected to any form of discrimination, exploitation, illicit transfer within or outside the country, violence, physical, psychological and sexual abuse or maltreatment, inhuman, terrifying, humiliating, oppressive, and cruel treatment, an intentional, reckless or negligent action or omission that infringes upon their rights and freedoms. It is everybody’s duty to safeguard the dignity of the child and adolescent by protecting them against any of the aforementioned circumstances. The child and adolescent have the right to legal protection against such interventions or attacks. Any individuals involved in such acts shall become civilly and criminally liable.” This is not interpreted as prohibiting all forms of corporal punishment of children within the home. Article 85 states: “Those who by action or omission commit maltreatment, violence or physical, psychological or sexual abuse, will be subjected to criminal sanctions as provided by law….” Other protection from abuse is provided by the Mother, Father and Child Relations Act, and the Policy on Special Protection of Children and Adolescents (2006).

Parents have an obligation to protect, educate and care for their children under the Code on Children and Adolescents (article 6), and under the Constitution (1986, amended 2005) the state must protect children from violence in the family (articles 71 and 76). Under the Code on Children and Adolescents, the child has the right to grow up in a family environment conducive to his or her holistic development (article 26). Other protection is given by Law No. 230 Reforms and additions to the Criminal Code to prevent and sanction domestic violence (1996).

As at February 2007, the Children’s Ombudsman’s office is drafting a bill to propose full abolition of corporal punishment.

Schools

Corporal punishment is lawful in schools. Article 43 of the Code on Children and Adolescents states that children have the right to enjoy the respect of their educators, and article 49 prohibits the use of “abusive measures or sanctions that result in physical, moral and psychological harm” but there is no explicit prohibition of corporal punishment. Article 85 (see above) also applies.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions. Article 101 of the Code on Children and Adolescents states that adolescents subject to criminal justice have the right to be treated with respect for their dignity and personal integrity. Article 213 establishes the right of adolescents “not to be held incommunicado or placed in solitary confinement, or not to be imposed corporal punishment”. Corporal punishment is also prohibited by article 7 of the Prison and Execution of Sentences Act (2003).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. Children are legally protected from abuse by persons in public and private institutions under articles 49 and 85 of the Code on Children and Adolescents (see above).

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While the Committee notes that there is legislation in place prohibiting all forms of violence against children, including corporal punishment, it expresses concern that this legislation does not seem to be interpreted as prohibiting all forms of corporal punishment and that corporal punishment is still widely accepted in society.

“The Committee recommends that the State party introduce – and enforce where applicable – legislation explicitly prohibiting all forms of corporal punishment of children in the home, schools and all other institutions and forms of childcare. The State party should also conduct awareness-raising and public education campaigns against corporal punishment and promote non-violent, participatory forms of discipline.”

(21 September 2005, CRC/C/15/Add.265, Concluding observations on third report, paras. 43 and 44)

“With regard to the implementation of its recommendation (see CRC/C/15/Add.36, para. 35) concerning the need to take all available measures to prevent and combat cases of abuse and ill-treatment of children, the Committee welcomes the enactment of the law against domestic violence (1996). Nevertheless, the Committee is of the opinion that these measures need to be reinforced. Concern is expressed at the insufficient public awareness regarding the harmful consequences of ill-treatment and abuse, including sexual abuse, both within and outside the family. Concern is also expressed at the insufficient resources, both financial and human, as well as at the lack of adequately trained personnel, to prevent and combat such abuse. The insufficiency of rehabilitation measures and facilities for such children and their limited access to justice are also matters of concern. In light of, inter alia, articles 19 and 39 of the Convention, the Committee recommends that the State party take all appropriate measures, including setting up multidisciplinary programmes and rehabilitation measures to prevent and combat child abuse and ill-treatment of children within the family, at school and other institutions, including the juvenile justice system, and in society at large. It suggests, inter alia, that law enforcement should be strengthened with respect to such crimes; adequate child-friendly procedures and mechanisms to deal with complaints of child abuse should be reinforced in order to provide children with prompt access to justice to avoid impunity for the offenders. Furthermore, educational programmes should be established to combat traditional attitudes within society regarding this issue…”
(24 August 1999, CRC/C/15/Add.108, Concluding observations on second report, para. 33)

“The Committee is deeply concerned about the problems of abuse and violence which persist in the family and society in general. In view of this reality, the adequacy of measures to prevent such abuse and violence, to respond to children’s reports of their abuse, to safeguard children who report abuse and to prevent the impunity of those who have committed abuse against children, remain a matter of considerable concern to the Committee.

“The Committee recommends that the State party consider using the Convention as a tool for the prevention of violence and abuse. One way to achieve this, the Committee suggests, is by teaching children to defend their rights and for trained individuals working with and for children to transmit the values of the Convention to children…

“The Committee recommends that the State party consider the possibility of focusing its attention on the organization of a more comprehensive and coordinated campaign in order to address the interrelated family and social-related problems of: the high number of family separations, the relatively high maternal mortality rate and teenage pregnancies, the number of children who are victims of violence or abuse, and the rising number of children living or begging on the street who are at risk of sexual exploitation.”
(20 June 1995, CRC/C/15/Add.36, Concluding observations on initial report, paras. 22, 30 and 35)