Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. Article 285 of the Family Code gives the right to the person having parental authority to inflict correction to a degree compatible with the child’s age and the correction of its behaviour. Article 298 of the Criminal Code prohibits violence towards a child under the age of 15 years with the exception of “light violence”. The child is protected from abuse of this right under the Criminal Procedure Code.

Schools

Corporal punishment is unlawful in schools under Decree No. 72.11.65 (1972).

Penal system

Corporal punishment is unlawful as a sentence for crime for young persons under the age of 18 years. Articles 556 and 567 of the Criminal Procedure Code state that minors (persons under 18 years) must be dealt with in minor courts, which can only prescribe measures of protection, assistance, monitoring and education. Children over the age of 13 years may also be subject to periods of “confinement”.

As a disciplinary measure in penal institutions, corporal punishment is unlawful in prisons where the use of physical force is governed by article 100 of Decree No. 2001 (relative to the procedure of implementation and adjustment of the sanctions) which states that “the personnel of the penal institutions can only employ force towards a prisoner in the case of violent resistance (by the inmate) or in the case of inertia to the orders given”. Decree No. 72.11.65 (see above) applies to training centres. However, we have been unable to ascertain whether corporal punishment is explicitly prohibited in all penal institutions for young people or whether it is permitted under article 285 of the Family Code (see above).

Alternative care

Corporal punishment is lawful in other institutions and forms of childcare under article 285 of the Family Code and 298 of the Criminal Code (see above). The protections in the Criminal Code and the Criminal Procedure Code (see above) also apply.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting that corporal punishment is prohibited in schools, the Committee is concerned that corporal punishment within the family is not prohibited by law and that corporal punishment is used in schools and other institutional settings.

“The Committee recommends that the State party, taking into account its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment:

1. amend all relevant laws to ensure that corporal punishment is explicitly prohibited in all settings, including the family, penal institutions, and alternative care settings, and ensure the effective implementation of these laws – including in schools; and
2. sensitize and educate parents, guardians and professionals working with and for children, by carrying out public educational campaigns about the harmful impact of corporal punishment and promote positive, non-violent forms of discipline as an alternative to corporal punishment.”

(20 October 2006, CRC/C/SEN/CO/2, Concluding observations on second report, paras 36 and 37 (a and b)

“The Committee recommends that the State party ensure that national legislation conforms fully to the provisions and principles of the Convention, in the light of the concerns identified by the Committee and of the study on a comprehensive law reform conducted under the auspices of UNICEF. The principles of the Convention including those relating to the best interests of the child and the prohibition of discrimination and of participation of children in matters affecting them should be reflected in domestic law. Specific provisions should be included with a view to clearly forbidding female genital mutilation and any form of torture or cruel, inhuman or degrading treatment or punishment, as well as any form of corporal punishment within the family. Adequate legislative and other measures should also be taken to establish a complaints procedure for children whose fundamental rights have been violated.”
(27 November 1995, CRC/C/15/Add.44, Concluding observations on initial report, para. 24)