Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Parental responsibility is governed by Act No. 2/77 on the family and Decree No. 417/71 on the statute of legal assistance to minors. Article 86 of Act No. 2/77 recognises parents’ right to punish their children.

There is no precise legal definition of what constitutes ill-treatment and there is no law specifically covering ill-treatment of children or violence within the family, though protection from general physical assault is given by the Criminal Code.

Schools

Corporal punishment is reportedly unlawful in schools, but we have no details of applicable legislation.

Penal system

Corporal punishment appears to be unlawful as a sentence for crime, though we have been unable to confirm this in relation to young persons aged over 16 years. Article 22 of the Constitution protects the right to physical integrity and prohibits torture and other cruel, inhuman or degrading treatment or punishment. Corporal punishment is not a permitted sentence for crime for young persons below the age of 17 years under the Criminal Code (article 42) and Decree 417/71 (articles 15-16), which state that such persons may only be subject to protection, assistance or education measures organised by the juvenile court. Corporal punishment is not among the permitted measures available to the juvenile court.

We have been unable to ascertain the legal status of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare. The provisions on physical assault in the Criminal Code apply.

 Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is deeply concerned that corporal punishment in the family, in schools and other institutions occurs and is still lawful in certain circumstances. The Committee is further concerned that domestic legislation contains no definition of ill-treatment.

“The Committee recommends that the State party:

1. amend the current legislation to prohibit corporal punishment in all places, including in the family, in schools and other childcare settings;
2. amend the current legislation so as to provide a definition of what constitutes ill-treatment and to prohibit such practices in all settings;
3. carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment, in light of article 28(2) of the Convention.”

(1 July 2004, CRC/C/15/Add.235, Concluding observations on initial report, paras. 33 and 34 (a, b and c))