Lawfulness of corporal punishment

Home

Corporal punishment is prohibited in the home. Under the Prevention of Domestic Violence Act (2001, in force 2002), all intentional physical and psychological violence against any family member is unlawful. Article 1 defines domestic violence as “any intentional action of one family member against another family member if such action infringes Constitutional and civil rights and freedoms of a family member and injures his physical, mental and moral health, and as well as child’s development”. It defines physical domestic violence as “an intentional beating, body injuring of one family member by another as well as intentional limitation of freedom, place of residence, food, clothing and other normal life conditions, which may result in victim’s death or may cause disturbance of his physical and mental health or may harm his honour and dignity”. 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.”

The Criminal Code (2001) prohibits the infliction of grievous bodily harm constituting cruel treatment or torture, systematic minor ill-treatment resulting in grievous bodily harm, and deliberate beatings or other acts of violence causing physical pain. Article 59 of the Law of Ukraine on Education concerns “Responsibilities of Parents for Development of Child” and places an obligation on parents “constantly to take care about physical health, psychological condition of children, create proper conditions for the development of their natural abilities” and “to respect the dignity of a child, bring up diligence, kindness, mercy”. Article 28 of the Constitution (Fundamental Law of Ukraine) (1996, amended 2004) states: “Everyone has the right to respect of his or her dignity. No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment that violates his or her dignity....” Article 52 states: “Any violence against a child, or his or her exploitation, shall be prosecuted by law.”

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. Applicable law includes the Penal Corrections Code (2004). The Constitutional provisions apply (see above).

Alternative care

Corporal punishment is prohibited in other institutions and forms of childcare.

Workplace

Corporal punishment is prohibited.

Prevalence research

None identified.

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 (a, b, d and e)

“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)