Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. The 1926 right of parents to use moderate physical punishment was removed from the Criminal Code in 1972. The Parent and Child Act (1981) refers to parental “responsibilities” rather than “rights”, and in 1987 was amended to state (section 30): “The child shall not be exposed to physical violence or to treatment which can threaten his physical or mental health.” This is interpreted as prohibiting all corporal punishment of children, although physical restraint is permissible if the child risks injury to his or her self or others. The Child Welfare Act (1992) protects children from all types of violence and abuse in the home and by their families. Parents who use corporal punishment on their children may be prosecuted for assault, neglect or maltreatment under the Criminal Code and the statutory prohibitions against neglect or maltreatment, and parental use of physical punishment is taken into account in custody cases. A child may also take civil action for injuries they have sustained.

In 2005, while upholding the conviction of a man under the Penal Code for smacking his stepsons on their bare bottoms with his hand, the Supreme Court stated that lighter smacks would be permitted (30 November 2005, HR-2005-01865-A). Following representation by the Ombudsman for Children and others, the government is reviewing this provision.

Schools

Corporal punishment has been unlawful in schools since 1936.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare.

Workplace

Corporal punishment is prohibited.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that children who are exposed to violence within the family do not always receive sufficient care and assistance.

“The Committee recommends that the State party continue to strengthen its efforts to provide adequate assistance to children who are exposed to violence within the family or whose parents are psychiatric patients and/or drug abusers, including through:

1. ensuring that all victims of violence have access to counselling and assistance with recovery and reintegration;
2. providing adequate protection to child victims of abuse within their homes;
3. strengthening measures to address the root causes of violence within the family, giving special attention to marginalized and disadvantaged groups;
4. public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes promoting positive, non-violent forms of discipline.”

(21 September 2005, CRC/C/15/Add.263, Concluding observations on third report, paras. 27 and 28)

European Committee of Social Rights

“Protection of children from ill treatment and abuse

The Committee notes that the situation which it has previously considered to be in conformity with the Charter, i.e. all forms of violence against children are prohibited, has not changed.”
(Conclusions 2005, vol. 2, page 560)

“Section 30 of the Children’s Act prohibits corporal punishment in connection with child rearing.”
(1 January 2001, Conclusions XV-2 vol. 2, pages 398-400)