European Committee of Social Rights: Andorra

2015

(January 2016, Conclusions 2015)

“In its previous conclusion the Committee found that corporal punishment of children was not explicitly prohibited in the home, in schools and in institutions.

“According to the report, corporal punishment of minors is explicitly prohibited in the home, as provided in Article 114 of the Penal Code  which concerns abuse in the home. The report states that the Penal Code in this respect is totally clear and prohibits all forms of physical or psychological violence against people in general, including child abuse and acts causing bodily harm.

“However, the report further states that several international organisations have repeatedly reported that the legislation of Andorra does not expressly prohibit corporal punishment (especially of children), despite the efforts to explain that the conduct constituting a criminal offense under Andorran Penal Code which prohibits any kind of bad bodily treatment (in all environments, institutional, family, school, professional, etc.), includes corporal punishment.

“The Committee notes from another source (Global Initiative to End Corporal Punishment of Children) that the law reform has been achieved. Corporal punishment is unlawful in all settings, including the home.

“In December 2014, Article 476 of the Penal Code was amended to clarify that it applies to corporal punishment, so that it now states: “Whoever mistreats mildly or harms physically, a person, shall be punished by imprisonment or a fine. If the mistreatment consists of a corporal punishment, a sentence of imprisonment shall be imposed.”

“Corporal punishment is therefore now unlawful in all alternative care settings and in the home under Article 476 of the Penal Code 2005, as amended in 2014.

“The Committee notes that with these legislative amendments the situation has been brought into conformity, but outside the reference period. Accordingly, the Committee considers that during the reference period the situation was not in conformity with the Charter as corporal punishment was not prohibited in the home in schools and in institutions.”

“The Committee concludes that during the reference period the situation in Andorra was not in conformity with Article 17§1 of the Charter on the ground that corporal punishment was not prohibited in the home in schools and in institutions.”

Read more from 2015

2011

(January 2012, Conclusions 2011)

"The Committee recalls that under Article 17 of the Charter States' domestic law must prohibit and penalise all forms of violence against children, that is acts or behaviour likely to affect the physical integrity, dignity, development or psychological well being of children. The relevant provisions must be sufficiently clear, binding and precise, so as to preclude the courts from refusing to apply them to violence against children. There will be no sufficient prohibition in law unless a state can demonstrate that legislation is interpreted as prohibiting corporal punishment and effectively applied as such.

"According to the report, Law of 21 February 2005 on the Penal Code prohibits all forms of physical and psychological violence against persons in general, including corporal punishment. Even if no legal text deals with corporal punishment, it is forbidden in the family and educational establishments. "The Committee notes from another source that corporal punishment is lawful in the home. The Llei qualificada on adoption and other forms of protection of abandoned minors states that the purpose of parental authority is to protect the child’s safety, health and morals, and parents have a right and duty to care for, watch over, maintain and educate the child (Sections 27-28). The Criminal Code (2005) punishes habitual and repeated domestic violence and physical ill-treatment, including physical assault which does not cause injury (Articles 114 and 476), but this is not interpreted as prohibiting all corporal punishment in childrearing. The Government accepted the recommendations on the issue during the Universal Periodic Review.

"According to the same source, there is no explicit prohibition of corporal punishment in schools, but the qualified law on education (1993), the law regulating the Andorran educational system (1994), the regulations for private teaching centres (1994), the regulations for safety in schools (2000) and the law guaranteeing the rights of the disabled (2002) provide for the respect of freedom and basic rights, including the dignity of the person.

"The Committee notes from the same source that there is no explicit prohibition of corporal punishment in alternative care settings.

"The Committee considers that the Andorran legislation lacks explicit prohibition of corporal punishment in the home, in schools and in institutions. Therefore, the situation is not in conformity with the Charter on this ground. "The Committee concludes that the situation in Andorra is not in conformity with Article 17§1 of the Charter on the ground that corporal punishment is not explicitly prohibited in the home, in schools and in institutions."

Read more from 2011
This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.