Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 28 of Law No.272/2004 on the Protection and Promotion of the Rights of the Child, promulgated through Decree No.481/2004 (in force 2005), states: “(1) The child has the right to be shown respect for his or her personality and individuality and may not be made subject to physical punishment or to other humiliating or degrading treatments. (2) Disciplinary measures concerning the child can only be taken in accordance with the child’s dignity, and under no circumstances are physical punishments allowed, or punishments which relate to the child’s physical and mental development or which may affect the child’s emotional status.” Article 90 states: “It is forbidden to enforce physical punishment of any kind or to deprive the child of his or her rights, which may result in endangerment of the life, the physical, mental, spiritual, moral and social development, the bodily integrity, and the physical and mental health of the child, both within the family as well as in any institutions which ensures the protection, care and education of children.”

Article 22 of the Constitution (1991) states: “(1) The right to life, as well as the right to physical and mental integrity of persons are guaranteed; (2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.”

Schools

Corporal punishment in schools has been prohibited since 1948. This is confirmed in the Education Law (article 157) and the Internal Regulations governing schools and care institutions (articles 5 and 9). The Law on the Protection and Promotion of the Rights of the Child also applies (see above).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions under the Law on the Execution of Punishment (1969), the Ruling on the execution of punishment and on the measure of preventive arrest approved by the Decision of the Council of Ministers (2282/69) and the Penal Code. Article 22 of the Constitution and the Law on the Protection and Promotion of the Rights of the Child also apply (see above).

Alternative care

Corporal punishment is unlawful in other institutions and forms of childcare under the Internal Regulations governing schools and care institutions (see above). The Regulations Concerning the Organization and Function of Care Institutions forbids teaching and other staff “to commit immoral actions, to menace the children with violence, to have an offensive attitude” (article 19). The Law No.272/2004 on the Protection and Promotion of the Rights of the Child also applies (see above).

Workplace

Corporal punishment is prohibited.

Prevalence research

Research in 2000 by Save the Children Romania found that of a sample of 423 children aged 11-13 years, 75% reported experiencing physical abuse, including corporal punishment, with 5% reporting the need for medical treatment. (Alexandrescu, G. et al., 2000, Child abuse and neglect, Save the Children Romania)

In a national survey in 2000 of 1,556 households with children, 1,295 school children aged 13-14 years, and 110 professionals, 47% of parents admitted using corporal punishment while 84% of children reported experiencing corporal punishment from their parents, including 20% who were beaten with objects and 15% who were afraid to go home because of the beatings. 16% of parents admitted to beating their children with an object, and 48% to threatening their children with beatings and other forms of punishment. (Browne, K. et al., 2002, Child abuse and neglect in Romanian Families: A National Prevalence Study 2000, Bucharest: Romanian Government National Authority for Child Protection)

An opinion poll of 1,200 children aged 8-13 years, carried out by Save the Children Romania during the 2002 national campaign “Beating is not from Heaven”, found that 81% considered beating to be an inefficient method of education, 70% believed that child protection against violence was inadequate, 76% believed that adults should be punished by the state for beating children, and 83% felt that corporal punishment should be prohibited by law. (Reported by Save the Children Romania)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“… [The Committee] is also concerned that corporal punishment and other forms of abuse and neglect continue to be practised in the family.

“The Committee recommends that the State party:

a) expressly prohibit corporal punishment in the home, school and institutions;

b) promote alternative methods of discipline;…

g) reinforce its efforts to prevent and combat domestic violence and abuse, including through awareness-raising campaigns designed to change public attitudes.”
(18 March 2003, CRC/C/15/Add.199, Concluding observations on second report, paras 42 and 43 (a, b and g))

“The Committee is concerned at the occurrence of child abuse and neglect within the family and the disruption of family values which in some cases lead to children being abandoned or running away….

“The Committee suggests that research be undertaken on the issue of child abuse and neglect within the family.”
(7 February 1994, CRC/C/15/Add.16, Concluding observations on initial report, paras. 9 and 16)

European Committee of Social Rights

“The Committee recalls that Article 17.1 of the Revised Charter 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 Committee notes that corporal punishment within the family was not explicitly prohibited during the reference period. Consequently, the situation in Romania is not in conformity with Article 17 of the Revised Charter.

“The Committee notes that the new law on the protection and promotion of the rights of the child contains a provision on the prohibition of corporal punishment of children within the family and in institutions…. The Committee will examine the new legislation in the next examination of Article 17.1 of the Revised Charter.

…

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

- corporal punishment of children within the family was not prohibited during the reference period….”
(March 2005, Conclusions 2005)

“The Committee notes that legislation exists protecting children against any form of violence, ill treatment, abuse or neglect while in their parents care. However it notes that all corporal punishment of children in the family is not prohibited. It notes in this respect that there is a draft children’s law including a provision explicitly prohibiting corporal punishment in the family. It wishes to be kept informed of its progress. Meanwhile the Committee concludes that the situation is not in conformity with the Revised Charter on this point.

“The Committee concludes that the situation in Romania is not in conformity with Article 17.1 of the Revised Charter as the corporal punishment of children within the family is not prohibited…”
(1 October 2003, Conclusions 2003 Vol. 1, page 406)