Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home and alternative care settings.

There is no defence for the use of corporal punishment enshrined in legislation but there is no explicit prohibition and provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. Realisation of children’s rights to equal protection from assault under the law and to protection from all forms of violence requires clarity in law that no degree or form of corporal punishment is acceptable or lawful, without exception. Explicit prohibition should be enacted of all corporal punishment and other humiliating and degrading treatment, in the home and all other settings where adults exercise authority over children.

Explicit prohibition of corporal punishment should be enacted in legislation relating to all alternative care settings, public and private, including residential institutions, day care provision, 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 (1994), the Constitution (1991), the Marriage and Family Relations Act (1989) and the Family Violence Prevention Act (2008) are not interpreted as prohibiting all corporal punishment in childrearing.

In October 2004, the Government stated its intention to consider an explicit prohibition of corporal punishment of children within the family. In 2008, a number of government officials signed the Council of Europe petition against all corporal punishment of children. As at March 2011, a Family Code Bill, article 7 of which would prohibit corporal punishment of children by parents and all other persons, was under discussion.

Schools

Corporal punishment is prohibited in schools under the School Inspectorate Act (1996) and the Regulations on the Rights and Duties of Primary and Secondary School Pupils.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted sentence under the Criminal Code and the Act on Offences (2002).

Corporal punishment is unlawful as a disciplinary measure in penal institutions under the Constitution and the Criminal Code but there is no explicit prohibition. It would be explicitly prohibited in the Family Code Bill.

Alternative care

Corporal punishment is unlawful in educational day care centres and residential school institutions, but there appears to be no explicit prohibition in other forms of alternative care such as foster care. The Family Code Bill would explicitly prohibit it in all settings.

Prevalence research

None identified in the last ten years.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that there is no legislation explicitly prohibiting corporal punishment within the home and that the latest draft amendments to the Marriage and Family Relations Act do not envisage such a prohibition.

“The Committee recommends that the State party strengthen its efforts to address ill-treatment of children in the family, including by raising awareness of alternative non-violent forms of discipline through public campaigns. The Committee also urges the State party to consider introducing an explicit prohibition on corporal punishment of children in the family, either in the draft amendments to the Marriage and Family Relations Act or in the special act on preventing violence in the family currently in preparation.”
(26 February 2004, CRC/C/15/Add.230, Concluding observations on second report, paras. 40 and 41)

Committee against Torture

“While noting the legal and administrative measures undertaken by the State party to combat gender-based violence and violence against children, the Committee remains concerned about the prevalence of violence against women and girls. The Committee is also concerned that corporal punishment of children remains lawful at home. (arts. 2, 12 and 16)

The Committee recommends that the State party enhances its efforts to prevent, prosecute and punish all forms of violence against women and children, including domestic violence, and ensure effective and full implementation of the existing laws and the national strategies adopted to that end, including the National Programme of Family Violence Prevention for the period 2009-2014. The Committee also recommends that the State party accelerate the adoption of the draft Marriage and Family Act, which prohibits corporal punishment of children in the home. Furthermore, the State party is encouraged to conduct broader awareness-raising campaigns and training on domestic violence for law enforcement agencies, judges, lawyers and social workers who are in direct contact with the victims as well as for the public at large.”
(June 2011, Advanced Unedited Version, Concluding observations on third report, para. 15)

European Committee of Social Rights

“The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must be combined with adequate sanctions in penal or civil law.

“The Committee notes no change regarding the fact that no legislation exists prohibiting all forms of corporal punishment of children within the family. The Committee finds the situation not to be in conformity with the Revised Charter on this point.

…

“The Committee concludes that the situation in Slovenia is not in conformity with Article 17 of the Revised Charter on the grounds that:

- corporal punishment of children within the family is not prohibited….”
(March 2005, Conclusions, 2005)

“According to additional information received from the authorities there is no particular legislation prohibiting the corporal punishment of children within the family. The Committee finds the situation not to be in conformity with the Revised Charter in this respect….

“The Committee concludes that the situation is not in conformity with the Charter as the corporal punishment of children within the family is not expressly prohibited….”
(1 October 2003, Conclusions 2003 Vol. 1, page 511)

Universal Periodic Review

Slovenia was examined under the Universal Periodic Review process in 2010. The Government accepted the recommendations to prohibit all corporal punishment of children.