Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home under a 2007 amendment to the Civil Code. The Code had previously recognised the “right” of parents and guardians to use “reasonable and moderate” forms of “correction” but these provisions have been removed from the law and article 154 now states that in the exercise of their responsibility, parents/tutors must respect the physical and psychological integrity of their children.

Schools

Corporal punishment in schools has been unlawful since 1985, under article 6 of the Right to Education (Organization) Act (8/1985). Article 17 of Royal Decree 732/1995, the statutory framework regulating social relations in schools, states that “all pupils have the right to respect for their physical and moral integrity, and may in no circumstances be subjected to humiliating or degrading treatment”. Article 43.2 prohibits “punishments inconsistent with the physical integrity and personal dignity of the pupil”. Under Organic Law 10/2002 on the Quality of Education, students have the right to be shown respect for their personal integrity and dignity and are protected against all physical or moral aggression (article 2.2).

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions under article 15 of the Constitution (see above), the Criminal Code and Organic Law 5/2000 regulating minor criminal liability.

Alternative care

Corporal punishment is prohibited in other institutions and forms of childcare under the 2007 amendments to the Civil Code (see above).

Workplace

Corporal punishment is unlawful.

Prevalence research

Research in 2004 by the National Social Research Centre found that 25.6% of adults believed it necessary to smack children to impose discipline, with 74.4% believing it unnecessary. However, 58.9% stated that it may be sometimes necessary to smack a child. (Reported in International Save the Children Alliance, 2005, Ending Physical and Humiliating Punishment of Children – Making it Happen: Global Submission to the UN Study on Violence against Children, Save the Children Sweden)

A study in Madrid in 1998 found that 27.7% of parents had hit their children in the month before the research, with an average of three times per month; 2.7% of parents admitted having severely hit their children. (Reported in International Save the Children Alliance, 2005, Ending Physical and Humiliating Punishment of Children – Making it Happen: Global Submission to the UN Study on Violence against Children, Save the Children Sweden)

A nationwide survey in 1997 on attitudes towards maltreatment in the home found that 2% of parents believed it was essential to use corporal punishment often, 47.2% believed it was necessary sometimes, and 53.2% felt it was not a necessary part of childrearing, although this did not mean that they never used it. Women were more likely to use corporal punishment, especially on small children. (Ministerio de Trabajo y asuntos socials, 1997, Spaniards’ Attitudes Towards Physical Punishment in Children, Ministerio de Trabajo y asuntos sociales)

In a study reported in 1995 comprising interviews with 426 undergraduate students, 57% reported experiencing physical punishment before the age of 13 years, with 7.8% reporting severe physical abuse. (de Paul, Milner & Mugica, 1995, “Childhood maltreatment, childhood social support, and child abuse potential in a Basque sample”, Child Abuse & Neglect, vol. 19, no. 8)

According to a consultation carried out by Save the Children Spain in the years following the campaign “Educate, do not punish”, public support for physical and psychological punishment fell from 47% to 27%. (Reported by Save the Children Spain, March 2005)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“... the Committee deeply regrets that article 154 of the Civil Code, stating that parents ‘may administer punishment to their children reasonably and in moderation’, has not yet been revised….

“The Committee reiterates its previous recommendation to amend article 154 in order to delete the reference to reasonable chastisement. It further recommends that the State party:

1. prohibit all forms of violence, including corporal punishment, in the upbringing of children, in conformity with article 19 of the Convention;
2. conduct awareness campaigns and promote alternative forms of discipline in families.”

 (13 June 2002, CRC/C/15/Add.185, Concluding observations on second report, paras. 30 and 31(a and b))

“Furthermore, the Committee expresses concern at the wording of article 154 of the Spanish Civil Code which provides that parents ‘may administer punishment to their children reasonably and in moderation’, which may be interpreted to allow for actions in contradiction with article 19 of the Convention....

“Furthermore, the Committee encourages the Spanish authorities to pursue the law reform to ensure full compliance of the domestic legislation with the provisions of the Convention. In this regard, the Committee recommends that the law reform include the review of the language used in legal provisions and, in particular, the revision of article 154 of the Spanish Civil Code stating that parents ‘may administer punishment to their children reasonably and in moderation’, in order to bring it into full conformity with article 19.”
(24 October 1994, CRC/C/15/Add.28, Concluding observations on initial report, paras. 10 and 18)

European Committee of Social Rights

“With regard to corporal punishment in schools and educational institutions, the 1985 Organic Law regulating the right to education grants pupils the right to their personal integrity and dignity. Pupils are also protected against all physical or moral aggression as a basic right. The Committee asks whether legislation prohibits corporal punishment of children in other institutions.

“The Committee notes that there has been no amendment to Article 154 of the Spanish Civil Code which reads that parents ‘may administer punishment to their children reasonably and in moderation’.

“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. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Spain is not in conformity with Article 17 of the Charter.

…

“The Committee concludes that the situation in Spain is not in conformity with Article 17 of the Charter on the ground that corporal punishment in the home is not prohibited.”
(March 2005, Conclusions XVII-2)

“The Committee notes from the Concluding Observations of the Committee on the Rights of the Child in respect of Spain’s first report under the Convention on the Rights of the Child, that Article 154 of the Spanish Civil Code provides that parents ‘may administer punishment to their children reasonably and in moderation’. The Committee notes that this would permit the corporal punishment of children, which is in breach of Article 17 of the Charter and it refers to its general observations on Article 17 in the General introduction. The Committee wishes to know whether this provision of the Civil Code has been amended, and further whether legislation prohibits the corporal punishment of children in schools, institutions and elsewhere. Meanwhile, it defers its conclusion….

...

“Pending receipt of information on the corporal punishment of children, the Committee defers its conclusion.”
(1 January 2001, Conclusions XV-2 vol. 2, pages 536-538)