Lawfulness of corporal punishment

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Corporal punishment is lawful in the home.

Article 4 of the Law on the Rights of the Child (1994) states that no child can be subjected to torture, cruel, inhuman or degrading punishments or treatments, and article 6 prohibits exploitation, discrimination, physical and mental violence, insults and ill-treatment. Article 53 of the Family Code (2001) states that “a child has the right to protection against abuse from his/her parents or persons who replace the parents”, that parents have an obligation for the “care, education and teaching” of the child and that their treatment of their children should exclude “abusive behaviour, insults and ill-treatment of any kind, discrimination, physical and psychic violence …” (article 62). The Law on Administrative Offences (1994) and the Penal Code (2003, amended 2006) protect the child from violence which results in “light”, “medium” and “severe” injuries, and article 154 of the Penal Code punishes violence which does not lead to injury. Article 24 of the Constitution (1994) states: “(1) The State guarantees everybody the right to life, and to physical and mental integrity; (2) No one may be subjected to torture or to cruel, inhuman or degrading punishment or treatment.” As at 2006, a draft law against domestic violence was under discussion.

Schools

Corporal punishment is prohibited in schools under article 57 of the Law on Education, which states that the “rights and freedoms of pupils and students are respected in all institutions, at all levels. Corporal punishment in any form of physical or psychological violence is forbidden”. Under the Governmental Decree on the Creation of the Military Institute of Armed Forces “Alecandru cel Bun”, No. 589 (14 May 2002), military schools are subject to the Law on Education. This Law also applies to private and sports institutions (articles 24 and 36).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted punishment under the Penal Code and the Criminal Procedure Code (amended 2006).

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions, though there is no explicit prohibition in legislation. Article 4 of the Law on the Rights of the Child and article 24 of the Constitution (see above) apply. The Law on Observance of Public Order Including in Detention Isolators and Prisons prohibits physical and mental violence against children. The Law on Police, the Law on Pretrial Arrest, and the Code of Execution of Criminal Law Sanctions all set limits on the use of physical force.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. Children are protected from abuse under the Family Code and the Penal Code (see above). Applicable law includes Decision No. 522/2006 approving the minimum standards of care, education and socialization of children in centres of temporary placement, but we have no details of the provisions.

Workplace

No information.

Prevalence research

In 2004, the Working Group on Development of Policies and Strategies in the Field of Small Children Care and Development, supported by UNICEF, carried out a national study on children’s health, education and experience of violence and abuse. Of the 4-7 year old children questioned, 58.4% reported being beaten at home. (Reported in Government Response to UN Study on Violence Against Children Questionnaire, September 2005)

The “Youth Voices” Study carried out by UNICEF across 35 countries in May 2001 involved interviews with 400 children aged 9-17 years in each country. Almost half (47%) of those interviewed in Moldova reported having been subjected to violent or aggressive behaviour at home. In 43% of cases the reason given for this behaviour was children’s disobedience and bad behaviour; in 4% it was attributed to poor performance at school or not doing homework. (Reported in Government Response to UN Study on Violence Against Children Questionnaire, September 2005)

In 2000-2001, the National Study on Early Child Development studied the methods used in disciplining children and the convictions of parents regarding abusive methods of child discipline. When asked what they do when children do not obey, two out of five parents (39.6%) admitted to beating them with their hands, with 52.4% threatening a beating or other punishment. In two-parent families, children were more frequently beaten by mothers than fathers (47.9% compared with 27.8%). Over half of parents (56.4%) acknowledged that beatings do not solve anything, and only 15.5% reported considering that what they do is right. (Protection, Neglect, Abuse and Violence, reported in Government Response to UN Study on Violence Against Children Questionnaire, September 2005)

A study of 298 schoolchildren aged 9-16 years from six regions, carried out by the National Centre of Abuse Against Children (NCAAC) in 1999-2000 found that 53.3% had been exposed to physical abuse, and that abused and non-abused children typically witnessed violence. (Reported in Government Response to UN Study on Violence Against Children Questionnaire, September 2005)

Recommendations by human rights treaty bodies

“The Committee notes the establishment of a National Centre for the Prevention of Child Abuse, but is nevertheless concerned about the extent of domestic violence, the absence of a legislative framework, the lack of standardized procedures for the identification, reporting, investigation and prosecution of cases of neglect, ill-treatment and abuse, the lack of a legal prohibition of corporal punishment in schools, institutions and at home, and the limited availability of skilled services for the support of victims.

“In light of article 19 of the Convention, the Committee recommends that the State party:

a) undertake studies on domestic violence, violence against children, ill-treatment and abuse, including sexual abuse, in order to assess the extent, scope and nature of these practices;

b) take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home;

c) adopt and implement effectively adequate multidisciplinary measures and policies, including public campaigns, and contribute to changing attitudes;

d) investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, within a child-sensitive inquiry and judicial procedure, in order to ensure better protection of child victims, including the protection of their right to privacy….

f) take into account the Committee’s recommendations adopted at its day of general discussion on violence against children within the family and in schools (see CRC/C/111).”
(31 October 2002, CRC/C/15/Add.192, Concluding observations on initial report, paras. 31 and 32 (a, b, c, d and f))

European Committee of Social Rights

“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.

“The State guarantees any child the right to life and to physical and psychological integrity. No child shall be submitted to torture or to cruel, inhuman or degrading treatment or punishment (Law on Child Rights, No. 338-XIV of December 1994). The report does not state whether legislation prohibits all forms of corporal punishment of children. The Committee notes from another source that there is no legal prohibition of the corporal punishment of children. It therefore concludes that the situation is not in conformity with the Revised Charter.

…

“The Committee concludes that the situation in Moldova is not in conformity with Article 17.1 of the Revised Charter on the grounds that:

- corporal punishment of children is not prohibited….”
(March 2005, Conclusions 2005)