Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The Serbian Family Act (2005) states (article 69(2)): “Parents may not subject the child to humiliating actions and punishments which insult the child’s human dignity and have the duty to protect the child from such actions taken by other persons.” Family violence is defined in article 197 as “behavior by which a member of the family endangers the bodily integrity, mental health or sanctity of another member of the family”. The rights of the child are set out in articles 261-273. But there is no explicit prohibition of all corporal punishment.

Legal protection from violence and abuse is given by the Penal Code of the Republic of Serbia (2005, in force 2006), which contains the new criminal offence of “family violence” punishing “anyone who, by the use of force or by serious threat against the life or the body, harms or threatens the bodily or mental integrity of a member of the family” (article 194). The Constitution (2006) recognises children’s right to special care (article 28).

The government has stated its commitment to prohibition (December 2007).

Schools

Corporal punishment is prohibited in schools under the Law on Secondary Schools (1992, amended 2002). Other applicable legislation includes the Law on Elementary School, the Law on the Bases of the System of Education and Upbringing (2003), the Law on Pupils’ and Students’ Entitlements, and the Law on Military Schools (1994).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions under the Criminal Law. Applicable legislation includes the Law on Juvenile Delinquents and Penal Law Protection of Juveniles (2005, in force 2006).

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Workplace

No information

Prevalence research

Interviews with young offenders, carried out as part of a UNICEF assessment of the juvenile justice system, revealed that many had experienced physical punishment during custody in penal institutions. (Conragan, C., 2002, Children in conflict with the law: Victims of the transition – An assessment of the juvenile justice systems in the Republics of Serbia and Montenegro, UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is particularly concerned that corporal punishment in the family remains lawful, and continues to be used as a widely used disciplinary method.

“The Committee urges the State party to expressly prohibit and enforce by law all corporal punishment in the family. The State party is further encouraged to undertake awareness-raising campaigns and education programmes on non-violent forms of discipline, and to conduct research into the prevalence of corporal punishment of children in the family and other settings and enforce the law.”

(6 June 2008, CRC/C/SRB/CO/1 Advanced Unedited Version, Concluding observations on initial report, paras. 46 and 47)