European Committee of Social Rights: Poland

2015

(January 2016, Conclusions 2015)

“The report states that a total ban on corporal punishment of children in all settings has been introduced. The situation accordingly remains in conformity with the 1961 Charter.”

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2011

(January 2012, Conclusions 2011)

"In reply to its previous question, the Committee notes from the report that corporal punishment is prohibited in private schools through Chapter 8 of the Act of 7 September 1991 on Education System.

"In its previous conclusion the Committee held that the situation in Poland was not in conformity with the Charter as corporal punishment was not explicitly prohibited in the home. In this regard it notes from another source1 that corporal punishment is now prohibited in the home. Article 2 of the Act of 6 May 2010 'On the Prevention of Family Violence' amends the Family Code (1964) by inserting a new article 96 which prohibits all corporal punishment in childrearing: 'persons exercising parental care, care or alternative care over a minor are forbidden to use corporal punishment, inflict psychological suffering and use any other forms of child humiliation'.

"The Committee considers that these legislative amendments have brought the situation into conformity with the Charter."

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2005

(March 2005, Conclusions XVII-2)

"In its previous conclusion the Committee noted that Ministerial Regulations prohibit corporal punishment of children in public schools. It asked about the situation in private schools and in institutions. The report is not clear on this. The Committee therefore repeats its request for this information.

"The Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that any other form of degrading punishment or treatment of children must be prohibited in legislation and combined with adequate sanctions in penal or civil law. The Committee notes that since corporal punishment is still socially accepted and there is no legislation prohibiting corporal punishment of children in the home, this situation cannot be considered to be in conformity with the Charter

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

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

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2003

(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…."

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2001

(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."

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