European Committee of Social Rights: Cyprus

2011

(January 2012, Conclusions 2011)

"The Committee notes from another source that corporal punishment was made unlawful in the home in 1994, in the Violence in the Family (Prevention and Protection of Victims) Law (1994) which prohibits ‘any unlawful act or controlling behaviour which results in direct actual physical, sexual or psychological injury to any member of the family’ (Article 3) and was interpreted as prohibiting all corporal punishment in childrearing. The provision was reiterated in the new Act on Violence in the Family adopted in 2000. However, the Children Law (1956) provides for ‘the right of any parent, teacher or other person having the lawful control or charge of the child to administer punishment to him’ (Section 54).

"In June 2009 a new draft Law for the Welfare, Care and Protection of Children, intended to replace the Children Law and to harmonise domestic legislation with the Convention on the Rights of the Child, was expected to be submitted to the House of Representatives in 2010.

"According to the report, the Children Law was amended in 1999 and 2002 and explicitly prohibits corporal punishment and includes no defences. The Committee asks whether the above mentioned draft law entered into force and if so, whether it explicitly prohibits corporal punishment in the home. In the meantime it reserves its position on this point."

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2006

(2006, Conclusions 2006, vol. 1, pages 152-153)

"As regards corporal punishment of children, the report refers to the Violence in the Family (Prevention and Protection of Victims) Law 2000 which defines violence as any action, omission or behaviour which causes physical, sexual or psychological damage. Further the report states that the UN Convention on the Rights of the Child, which has superior force to domestic law prohibits all forms of corporal punishment of children in all settings. However the Committee notes that in Cyprus’s response to the UN Secretary General’s Study on violence against children (submitted August 2005) according to the Children Law (Cap.352) the parent, teacher or other person having lawful control or care of a child have a right to administer punishment to him. Although the response states that the law is under review and the new legislation will explicitly prohibit corporal punishment and will include no defenses whatsoever. The Committee asks for further information on the situation i.e. the inter relationship between the legislation and the UN Convention on the Rights of the Child, as well as information on the repeal of the defence.  Meanwhile it reserves its position on the situation."

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2004

(30 September 2004, Conclusions 2004 Vol. 1, page 102)

"The Committee asks whether corporal punishment outside the family is also explicitly prohibited by the existing legislation…. 

"Pending receipt of the information requested, the Committee concludes that the situation in Cyprus is in conformity with Article 7.10 of the Revised Charter."

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