Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home and possibly schools, penal institutions and alternative care settings.

There is no specific defence available to parents and others who use corporal punishment but it is tolerated in society and legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of corporal punishment in “disciplining” children necessitates a clear statement in law that all corporal punishment, however “light”, is prohibited.

Explicit prohibition should be enacted in legislation applicable to all education settings, all institutions accommodating children in conflict with the law and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and abuse in the Criminal Code (2005), the Civil Code (2002) and the Constitution (1992) are not interpreted as prohibiting all corporal punishment in childrearing. In 2005, the Government stated its intention to prohibit corporal punishment in the home, and prohibition was expected to be included in the new Family Code for public debate in 2007, but we have no further information.

Schools

Corporal punishment is considered unlawful in schools under the Criminal Code, but there is no explicit prohibition. Corporal punishment is not among the permitted disciplinary measures in Act No. 569/2003 Coll. on State Administration in the School System and School Self-government and on amending and supplementing certain other laws (2003). School legislation applies to state and non-state, private and church schools and educational establishments.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in the Criminal Code.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions under the Criminal Code, but there is no explicit prohibition.

Alternative care

Corporal punishment is reportedly unlawful in alternative care settings, but we have yet to verify that prohibition is explicit and applicable to all forms of care.

Prevalence research

Research in 2000 on the prevalence of corporal punishment within the family by the Bratislava International Centre for Family Studies, involving 2,433 children aged 13-17 years, found that corporal punishment was common for 2.2% of the children. It was experienced occasionally by 38%, and never by 59.2%. (International Centre for Family Studies, 2002, “The children’s rights applying in the praxis. Preliminary survey report”, Bratislava: International Centre for Family Studies)

Preliminary analysis of attitudinal research in 2002, undertaken by the Bratislava International Centre for Family Studies and involving 856 adults, found that 98.6% believed that parents should be allowed to use a “smack on the buttock from time to time”, 75.3% believed that parents should be allowed to use “occasional slaps”, 41.7% felt that occasional beating with an implement was acceptable, and 22.9% felt that repeated beating was acceptable. (International Centre for Family Studies, 2003 in progress, “The prevalence of violence in Slovakia” (Bratislava: International Centre for Family Studies)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes with appreciation that corporal punishment in schools, alternative care contexts, and the penal system is unlawful and notes that the new Penal Code protects children from physical and psychological violence, insults, abuse, neglect and mistreatment without referring explicitly to corporal punishment. While the Committee welcomes the Government’s stated intention to prohibit corporal punishment in the home, it nevertheless expresses its concern that, to date, corporal punishment within the home remains lawful.

“The Committee recommends that the State party, taking into account the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, take steps to ensure that corporal punishment is explicitly prohibited by law in all settings, including the home, and that the State party intensify its awareness-raising campaigns, in order to promote the use of alternative non-violent forms of discipline in a manner consistent with article 28, paragraph 2, of the Convention.”
(10 July 2007, CRC/C/SVK/CO/2, Concluding observations on second report, paras. 36 and 37)

“In light of articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions, are prohibited. Attention should be given to ensuring that the abused child is not victimized in legal proceedings; strengthening programmes for the rehabilitation and reintegration of abused children; and addressing sociocultural barriers that inhibit victims from seeking assistance. The Committee recommends that the State party continue to undertake public education campaigns about the negative consequences of ill-treatment of children, including within the family. The Committee encourages the State party to continue to promote the use of the hotline and other mechanisms to receive complaints throughout the country; to use the disaggregated data collected as a basis for designing preventive and other measures; and to evaluate progress in this area.”
(23 October 2000, CRC/C/15/Add.140, Concluding observations on initial report, para. 32)

European Committee of Social Rights

“The Committee previously asked whether the corporal punishment of children in the home, in schools, institutions and elsewhere was prohibited by legislation. The current report provides no information on this subject, however the Committee notes that the concluding observations of the Committee on the Rights of the Child in respect of the Slovak Republic recommend such a prohibition. Therefore, the Committee notes that there is no prohibition yet in place and concludes that the situation is not in conformity with the Charter on this point….

“The Committee concludes that the situation in the Slovak Republic is not in conformity with Article 17 of the Charter, as the corporal punishment of children is not prohibited.”
(30 September 2003, Conclusions XVI-2, page 804)

“The Committee wishes to know whether legislation prohibits the corporal punishment of children in the home, in schools, institutions, and elsewhere….

“Pending receipt of the requested information the Committee defers its conclusion.”
(1 June 2001, Addendum to Conclusions XV-2, pages 228-230)

Committee on the Elimination of Discrimination Against Women

"... The Committee also expresses concern about the fact that corporal punishment in the home is lawful and constitutes a form of violence against children, including the girl child...

"The Committee urges the State party to place high priority on the introduction of comprehensive and holistic measures to address all forms of violence against women in the family and in society.... The Committee also recommends that the State party include in its legislation the prohibition of corporal punishment of children in the home...."
(18 July 2008, Part of A/63/38, Concluding observations on second-fourth report, paras. 34 and 35)