European Committee of Social Rights, 2001

Observations/decisions on corporal punishment in the European Committee of Social Rights' conclusions on states examined in 2001

Austria

(2001, Conclusions XV-2, page 67)

"The Act No.162/1989 on Parents and Children (Amendment) prohibits the use of force and the infliction of physical and mental suffering on children. Section 146a of the General Civil Code states, ‘the application of violence and the infliction of physical or mental harm are unlawful’."

Belgium

(1 January 2001, Conclusions XV-2 vol. 1, pages 109-112)

"The Committee observes from Summary Record on the 226th meeting of the United Nations Committee on the Rights of the Child that corporal punishment is unlawful in schools in Belgium. There is however no prohibition of corporal punishment of children within the family. The Committee observes that the United Nations Committee encourages Belgium to reform its legislation with a view to ensuring the prohibition of corporal punishment within the family. This would be in line with the relevant provision in the Convention on the Rights of the Child.

"Referring to its general observation with respect to Article 17, the Committee asks the Government whether Belgian legislation contains a prohibition against corporal punishment exercised within the family and in institutions other than schools….

"The Committee defers its conclusion pending an answer to the questions asked about the extent to which legislation in Belgian prohibits the corporal punishment of children."

Denmark

(1 January 2001, Conclusions XV-2 vol. 1, pages 139-142)

"The Committee notes with satisfaction that Act No. 416/1997 abolished corporal punishment in the home; a child may not be punished corporally or exposed to other degrading treatment."

Finland

(1 January 2001, Conclusions XV-2 vol. 1, pages 169-172)

"The Committee recalls that the Child Custody and Right of Access Act 1984 prohibits the abuse of children and that this includes the corporal punishment of children and other humiliating treatment…."

France

(1 January 2001, Conclusions XV-2 vol. 1, pages 220-225)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

Germany

(1 June 2001, Addendum to Conclusions XV-2, pages 59-61)

"The Committee wishes to know whether legislation prohibits the corporal punishment of children in institutions, in schools, in the home and elsewhere…."

Greece

(1 January 2001, Conclusions XV-2 vol. 1, pages 257-258)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

Iceland

(1 January 2001, Conclusions XV-2 vol. 1, pages 281-283)

"The Committee notes that corporal punishment (and mental punishment) is prohibited in homes and institutions for children and youth (Section 53 of the Children and Youth Protection Act). However it wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in the home and elsewhere…."

Ireland

(10 January 2001, Second Addendum to Conclusions XV-2, pages 33-37)

"The corporal punishment of children in schools is prohibited. The Committee wishes to know whether corporal punishment is prohibited in institutions caring for children.

"There is a common law immunity, which permits parents and other persons in loco parentis to use reasonable and moderate chastisement in the correction of their children. The Committee refers to its general observations on Article 17 in the General introduction on this issue. It decides to defer its conclusion on this point pending information as to whether the Government intends to remove this immunity and prohibit all corporal punishment of children….

"The Committee defers its conclusion pending information requested on corporal punishment…."

Italy

(1 January 2001, Conclusions XV-2 vol. 1, pages 315-317)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

Luxembourg

(1 June 2001, Addendum to Conclusions XV-2, pages 91-94)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…

"The Committee defers its conclusion pending receipt of the information requested…."

Malta

(1 June 2001, Addendum to Conclusions XV-2, pages 125-127)

"The Committee asks whether legislation prohibits all forms of corporal punishment of children, in the home, in schools, in institutions, and elsewhere…."

Netherlands

(1 January 2001, Conclusions XV-2 vol. 2, pages 367-369)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere…."

Poland

(1 January 2001, Conclusions XV-2 vol. 2, pages 465-470)

"The Committee wishes to know whether legislation prohibits all forms of corporal punishment of children, in schools, in institutions, in the home and elsewhere….

"Pending the receipt of the information requested, the Committee defers its conclusion."

Slovakia

(1 June 2001, Addendum to Conclusions XV-2, pages 228-230)

"The Committee wishes to know whether legislation prohibits the corporal punishment of children in the home, in schools, institutions, and elsewhere….

"Pending receipt of the requested information the Committee defers its conclusion."

Spain

(1 January 2001, Conclusions XV-2 vol. 2, pages 536-538)

"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."

Turkey

(1 June 2001, Addendum to Conclusions XV-2, pages 271-274)

“The Turkish Penal and Civil Codes have provisions for the protection of children from physical and mental abuse, exploitation and other similar treatment by their parents. The Committee wishes to receive further information on these, especially national case law. In particular the Committee wishes to know whether legislation prohibits all forms of corporal punishment of children in the home, in institutions, in schools and elsewhere….”

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