Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home.

Children have limited protection from violence and abuse under the Act on basic guarantees of children’s rights in the Russian Federation (1998, amended 2004). The Family Code states that parents are not entitled to harm the physical and mental health of their children, and their moral development, and the means employed in childrearing must exclude slighting, harsh, coarse or degrading treatment, humiliation and exploitation. The Criminal Code (amended 2003) states that physical violence against a child such as beating and tormenting and sexual abuse is a punishable offence, liability being greater when perpetrators are parents, teachers or others in authority (article 156). Article 21 of the Constitution (1993) states: “(1) The dignity of a person shall be protected by the state. Nothing shall constitute grounds for its derogation; (2) No person shall be subjected to torture, violence, other cruel or degrading human dignity treatment or punishment....” Under article 56 of the Family Code the child has a right to appeal directly to care-taking bodies concerning violations of legal interests and rights.

Schools

Corporal punishment is unlawful in schools. Article 156 of the Criminal Code (see above) applies.

Penal system

Corporal punishment is unlawful as a sentence for crime. The definition of torture in article 117 of the Criminal Code includes the causing of physical or mental suffering for the purpose of punishment and corporal punishment is not among the sentences available for minors in article 105. Under the Code juveniles convicted of an offence should receive re-education rather than criminal measures. Article 9 of the Code of Criminal Procedure (2002, amended 2004) prohibits the use of force, torture and degrading treatment against persons subject to criminal proceedings. Article 21 of the Constitution (see above) applies.

Corporal punishment is unlawful as a disciplinary measure in penal institutions.  In 2004, legislation relating to the human rights of detainees in penal institutions was under consideration. Abuse of authority is an offence under article 286 of the Criminal Code. Article 5 of the Police Act (1991) prohibits the use of violence and other cruel or degrading treatment. Protection of children in detention is given by the Penal Enforcement Code (1992). Children are protected from violence and humiliating measures under article 8 of Federal Act No.120-FZ on the fundamentals of the system for preventing child abandonment and juvenile delinquency and governing the application of penalties in institutions forming part of that system (2003).

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare. Federal Act No.120-FZ and article 156 of the Criminal Code (see above) apply.

Workplace

No information.

Prevalence research

According to the Child Abuse Network, statistics from police, court, medical and other sources show that between 1995 and 1998 the number of offences in which young people were the victims has remained constant (over 17,000) but the main weight of the offences has shifted into the sphere of family and domestic relations. Between 1992 and 1996 there was a substantial increase in the number of successful actions for deprivation of parental rights (6,724 compared with 24,359). Between 1993 and 1996 there was a large increase in the number of children removed from their parents without deprivation of parental rights in cases of threat of violence or cruelty and also of improper care (3,401 compared with 6,724). (See www.canee.net)

A 1989 survey of 7,000 school children in 15 cities revealed the use of corporal punishment to be widespread. More than half the children indicated that their parents relied on physical violence when they were disciplined. Two thirds of parents (66% ) were teachers by occupation. (DCI Newsletter, 1990, “Close-up: Corporal Punishment in the USSR”, vol. 7, pp.1-2)

A survey of 412 children in an Eastern Siberian city found that corporal punishment was a pervasive method of discipline, and a high incidence of children (28.9%) reported experiencing physical abuse. (Berrien, F. B. et al., 1995, “Child abuse prevalence in Russian urban population: A preliminary report”, Child Abuse & Neglect, vol. 19, pp.261-264. Cited in Shor, R., 1999, “Inappropriate child rearing practices as perceived by Jewish immigrant parents from the Former Society Union”, Child Abuse & Neglect, vol. 23, no. 5, p.488)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee regrets that some of the concerns it expressed and the recommendations it made (CRC/C/15/Add.110) after its consideration of the State party’s second periodic report (CRC/C/65/Add.5) have not been sufficiently addressed, inter alia those concerning ... protection from torture and corporal punishment....

“The Committee is concerned that corporal punishment is not prohibited in the family and in alternative care settings. It is also concerned that corporal punishment of children remains socially acceptable in the State party and it is still practised in families and in places where it has been formally prohibited, such as schools.

“The Committee urges the State party:

1. to explicitly prohibit by law all forms of corporal punishment in the family and in alternative care settings;
2. to prevent and combat the practice of corporal punishment of children in the family, in schools and other institutions by effectively implementing legislation;
3. to conduct awareness raising and public education campaigns against corporal punishment and promote non-violent participatory forms of discipline.

“The Committee is concerned at reports that a large number of children in institutions are subject to abuse by their educators. The Committee is also concerned that abused children who are exposed to violence within the family and in institutions do not always receive sufficient care and assistance and that not enough is being done with regard to prevention (and prevention interventions) and awareness arising in this area.

“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 and in institutions, including through:

f) public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes, promoting positive, non-violent forms of discipline.”

(23 November 2005, Concluding observations on third report, CRC/C/RUS/CO/3, paras. 7, 36, 37, 46 and 47 (f))

“The Committee is concerned at allegations of widespread practice of torture and ill-treatment, and conditions amounting to inhuman or degrading treatment, of children living in institutions in general and in places of detention or imprisonment in particular - including acts committed by law enforcement officials involving corporal punishment.

“The Committee recommends that the State party take appropriate measures to bring to an end and prevent these practices and to duly investigate allegations and punish perpetrators of such acts. The Committee also endorses the implementation of the recommendations made by the Committee against Torture and the Special Rapporteur on torture with regard to these concerns.

“Further, the Committee recommends that the State party monitor and bring to an end corporal punishment practices in institutions.

“While the Committee welcomes the growing awareness by the State party of the dangers of domestic violence, the Committee remains concerned at the persistent ill-treatment and neglect of children in the State party in the context of the family. The Committee is also concerned at the widespread incidence of violence against women and its impact on children.

“The Committee recommends that the State party give special attention to the problem of ill-treatment, neglect and abuse, including sexual abuse, of children both within and outside the family.

“The Committee stresses the need for information and education campaigns to prevent and combat the use of any form of physical or mental violence against children, in accordance with article 19 of the Convention.”
(10 November 1999, CRC/C/15/Add.110, Concluding observations on second report, paras. 28, 29, 30, 31, 32 and 33)

“The Committee is concerned about the occurrence of maltreatment and cruelty towards children in and outside the family and suggests that procedures and mechanisms be developed to deal with complaints by children of their maltreatment or of cruelty towards them.”
(18 February 1993, CRC/C/15/Add.4, Concluding observations on initial report, para.21)