Lawfulness of corporal punishment

Home

Corporal punishment is lawful in the home. The rights of parents and children are governed by articles 65-75 of the Family Code (1998), and the Civil Code (1996). The Criminal Code (amended 2003) punishes perpetrators of bodily harm. As at 2006, two bills on children’s rights, prepared with the support of UNICEF, were under consideration.

Schools

Corporal punishment is unlawful in schools, which are governed by the Education Act (1997).

Penal system

Corporal punishment is unlawful as a sentence for crime. Under articles 1-10 of the Criminal Code, punishment and other legal sanctions are not intended to cause physical suffering or to degrade human dignity. However, minors who commit offences are often dealt with by the mahallyas (associations of families living in the same area acting as organs of local authority) rather than the courts. We have been unable to ascertain if this includes the use of corporal punishment.

Corporal punishment is unlawful as a disciplinary measure in penal institutions. The Code of Criminal Procedure provides for the protection of suspects against cruel treatment (articles 11-27). Article 17 states that “judges, procurators, and persons carrying out initial inquiries or pre-trial investigations are under an obligation to respect the honour and dignity of persons involved in a case” and that: “[n]o one shall be subjected to torture, violence or other cruel, humiliating or degrading treatment. It is prohibited to perform acts or hand down judgement that humiliate or demean a person, lead to the dissemination of details of his or her private life, thereby endangering the person’s health, or cause unjustified physical or mental suffering.” The Penal Enforcement Code (1997, amended 2003) regulates the rights and obligations of administrations of penal institutions and all related issues.

Alternative care

There is no explicit prohibition of corporal punishment in other institutions and forms of childcare.

Workplace

No information.

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting that corporal punishment is prohibited in schools, the Committee notes with concern the reports that it is widely practiced in the family and in institutions.

“The Committee recommends that the State party take into account its general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (2006), and:

1. prohibits corporal punishment by law in institutions and the family and ensure that legislation is properly enforced in schools and institutions, and complied with in the family;
2. carries out public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in schools, in institutions and at home.”

(2 June 2006, CRC/C/UZB/CO/2, Concluding observations on second report, paras. 44 and 45 (a and b))

“The Committee is deeply concerned by numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, including for purposes of extorting confessions. The Committee deplores the insufficient efforts to investigate allegations of torture, as well as the failure to prosecute alleged perpetrators.

“In the light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169 of 17 December 1979, the Committee urges the State party to:

1. take all necessary effective steps to prevent incidents of ill-treatment from occurring;
2. implement the recommendations made by the Human Rights Committee (CCPR/CO/71/UZB), and the Committee against Torture (A/55/44, paras. 76-81);
3. provide the militia with training on how to deal with persons under 18;
4. ensure children are adequately informed of their rights when they are arrested and detained;
5. ensure that complaints procedures are simplified so that responses are appropriate, timely and child-sensitive, and provide rehabilitative support for victims.

“The Committee is concerned that there is insufficient information and awareness of the ill-treatment and abuse of children within the family, schools and institutions.

“The Committee recommends that the State party:

1. conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address them;
2. take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in institutions, taking into account WHO’s ‘European Strategies and Recommendations for Child Protection’;
3. 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….”

(7 November 2001, CRC/C/15/Add.168, Concluding observations on initial report, paras. 39, 40 (a, b, c, d and e) 45 and 46 (a, b and c))

Human Rights Committee

“The Committee expresses its concern about cases of children being detained, arrested and held in custody without being able to exercise their right to a lawyer, and subjected to ill-treatment and unlawful investigative methods, in contravention of articles 7, 10 and 24 of the Covenant. The Committee is also concerned about the lack of information on this subject and on the policy the State party intends to pursue to address this problem.

The State party should include more information, in its next report, on the situation of children held in custody and progress being made in this area. The State party should enact a new criminal procedure law to deal specifically with juveniles.”
(26 April 2001, CCPR/CO/71/UZB, Concluding observations on initial report, para. 21)