Summary of law reform necessary to achieve full prohibition

Corporal punishment is prohibited in all settings, including the home.

Current legality of corporal punishment

Home

Corporal punishment is prohibited in the home. Article 150(7) of the Family Code (2003, in force 2004), explicitly prohibits all corporal punishment of children by parents: “Physical punishment of the child by the parents, as well as other inhuman or degrading treatment or punishment are prohibited.”

Schools

Corporal punishment is unlawful in schools.

Penal system

Corporal punishment is unlawful as a sentence for crime and as a disciplinary measure in penal institutions.

Alternative care

Corporal punishment is prohibited in alternative care settings.

Prevalence research

According to statistics from UNICEF on violence in the family, 70% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 32% experienced physical punishment and psychological aggression, 33% experienced psychological aggression only and 5% experienced physical punishment only. In total, 36% of children experienced physical punishment, while only 16% of mothers and caregivers believe that physical punishment is necessary in childrearing. Of girls and women aged 15-49, 4% think that a husband is justified in hitting or beating his wife under certain circumstances; 11% of boys and men aged 15-49 believe this. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee welcomes the new Protection of Domestic Violence Act 2001, but remains concerned that it has not yet been implemented.

“The Committee recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment, abuse and neglect of children in the home, and design policies and programmes to address them;

b) establish effective procedures and mechanisms to receive, monitor, and investigate complaints, including intervening where necessary, and investigate and prosecute instances of ill-treatment and all forms of domestic violence, including corporal punishment, ensuring that the abused child is not victimized in legal proceedings and that his/her privacy is protected….

d) take into consideration the recommendations of the Committee adopted at its days of general discussion on violence against children (CRC/C/100, para.688 and CRC/C/111, paras.701-745).

e) carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment.”
(9 October 2002, CRC/C/15/Add.191, Concluding observations on second report, paras. 41 and 42)

“The Committee regrets that appropriate measures have not yet been taken to effectively prevent and combat ill-treatment of children in schools or in institutions where children may be placed. The Committee is also preoccupied by the existence on a large scale of child abuse and violence within the family and the insufficient protection afforded by the existing legislation and services in that regard. The problem of sexual exploitation of children also requires special attention....

“The Committee further suggests that the clear prohibition of torture or other cruel, inhuman or degrading treatment or punishment, as well as a ban on corporal punishment in the family, be reflected in the national legislation. The Committee also suggests the development of procedures and mechanisms to monitor complaints of maltreatment and cruelty within or outside the family….”
(27 November 1995, CRC/C/15/Add.42, Concluding observations on initial report, paras. 14 and 29)