European Committee of Social Rights, 2003

Observations/decisions on corporal punishment in the European Committee of Social Rights' conclusions on states examined in 2003

Czech Republic

(2003, Conclusions XVI-2, page 173)

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

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

France

(1 October 2003, Conclusions 2003 Vol. 1, page 173)

"As regards corporal punishment of children, the Committee notes that according to the report corporal punishment of children is not explicitly prohibited in the home, in school or in other institutions. Although the Penal Code prohibits violence against the person and provides for increased penalties where the victim is under 15 years of age or where the perpetrator is related to the child or has authority over the child. The Committee notes that these provisions of the Penal Code do not necessarily cover all forms of corporal punishment and therefore finds that the situation is not in conformity with the Revised Charter….

"The Committee concludes that the situation in France is not in conformity with Article 17.1 of the Revised Charter as the corporal punishment of children is not prohibited."

Hungary

(2003, Conclusions XVI-2, page 442)

"As regards corporal punishment of children, the Committee wishes to know whether legislation prohibits corporal punishment of children in schools, in institutions, in the home or elsewhere, as it finds the report unclear on this point….

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

Italy

(1 October 2003, Conclusions 2003 Vol. 1, page 300)

"As regards corporal punishment of children, the Committee notes that the Corte di Cazzione declared all corporal punishment to be unlawful in a judgment of 18 March 1996. It wishes to know what the effect of this decision is….

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

Poland

(30 September 2003, Conclusions XVI-2, page 658)

"Ministerial Regulations prohibit the corporal punishment of children in public schools. The Committee requests information about the situation in private schools and in institutions; it notes that the corporal punishment of children in the home is not prohibited. Therefore, the situation is not in conformity with the Charter in this respect….

"The Committee concludes that the situation in Poland is not in conformity with Article 17 of the Charter on the following grounds:

- corporal punishment of children in the home is not prohibited…."

Romania

(1 October 2003, Conclusions 2003 Vol. 1, page 406)

"The Committee notes that legislation exists protecting children against any form of violence, ill treatment, abuse or neglect while in their parents care. However it notes that all corporal punishment of children in the family is not prohibited. It notes in this respect that there is a draft children’s law including a provision explicitly prohibiting corporal punishment in the family. It wishes to be kept informed of its progress. Meanwhile the Committee concludes that the situation is not in conformity with the Revised Charter on this point.

"The Committee concludes that the situation in Romania is not in conformity with Article 17.1 of the Revised Charter as the corporal punishment of children within the family is not prohibited…"

Slovakia

(30 September 2003, Conclusions XVI-2, page 804)

"The Committee previously asked whether the corporal punishment of children in the home, in schools, institutions and elsewhere was prohibited by legislation. The current report provides no information on this subject, however the Committee notes that the concluding observations of the Committee on the Rights of the Child in respect of the Slovak Republic recommend such a prohibition. Therefore, the Committee notes that there is no prohibition yet in place and concludes that the situation is not in conformity with the Charter on this point….

"The Committee concludes that the situation in the Slovak Republic is not in conformity with Article 17 of the Charter, as the corporal punishment of children is not prohibited."

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