European Committee of Social Rights: Slovakia

2015

(January 2016, Conclusions 2015)

“In its previous conclusion (Conclusions 2011) the Committee held that the situation was not in conformity with the Charter as all forms of corporal punishment were not explicitly prohibited in the home.

“The Committee notes from the report that the Ministerial Committee for Children stated that a cooperation between the Ministry of Labour, Social Affairs and Family and the Ministry of Justice was established to prepare an amendment of the Civil Code and the Penal Code to explicitly prohibit all forms of corporal punishment of children in the home.

“The Re-codification Commission has been invited by the Minister of Labour, Social Affairs and Family to prepare a draft amendment of the Civil Code and the Penal Code in this respect.

“The Committee further notes from the Global Initiative to End Corporal Punishment that the Family Act 1963 (amended 2002) does not explicitly prohibit corporal punishment. Rather, it authorises the use of “adequate” childrearing methods, stating in Article 31(2) that in exercising their parental rights and duties, parents “must rigorously protect the child’s interests, manage his or her behaviour and exercise a surveillance over him or her in accordance with the level of his or her development” and that they “may use adequate upbringing measures so that the child’s dignity is not violated and his or her health, emotional, intellectual and moral development are not endangered”.

“The Committee also notes from the National report submitted to the UN Human Rights Council Working Group on the Universal Periodic Review (Eighteenth session 27 January – 7 February 2014) that since 2009, the so-called zero tolerance of physical punishment of children has been introduced into legislation. It means that according to the Act on Social and Legal Protection of Children and on Social Care, it is prohibited to use any forms of physical punishment against children and other gross or degrading forms of treatment or punishment which cause or may cause physical or mental injury. Everybody has the obligation to report violations of children’s rights to the socio-legal protection authority. The ban of physical punishment in exercising parental rights and obligations is proposed to be included in the new Civil Code, which is under preparation.

“The Committee wishes to be informed of the follow up given to this legislative initiative.

“In the meantime, it considers that the situation which it has previously found not to be in conformity with the Charter has not changed. Therefore, it reiterates its previous finding of non-conformity on the ground that not all forms of corporal punishment are prohibited in the home.”

“The Committee concludes that the situation in the Slovak Republic is not in conformity with Article 17§1 of the Charter on the grounds that:

all forms of corporal punishment are not prohibited in the home…”

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2011

(January 2012, Conclusions 2011)

"The Committee previously concluded (Conclusions XVI-2) that the situation in the Slovak Republic was not in conformity with Article 17 of the Charter, as the corporal punishment of children was not prohibited.

"The Committee notes from the CRC Concluding Observations that corporal punishment in schools, alternative care contexts, and the penal system is unlawful and notes that the new Penal Code protects children from physical and psychological violence, insults, abuse, neglect and mistreatment without referring explicitly to corporal punishment.

"According to the report, Act No. 305/2005 Coll. on Social-Legal Protection of Children and Social Guardianship, as amended by Act No. 27/2009, forbids the use any form of corporal punishment of the child and other cruel or degrading forms of treatment and forms of chastisement of the child, which cause or may cause the child the physical or mental harm. However, the Global Imitative to End All Corporal Punishment of Children2 have established that this is interpreted as providing for state intervention only when corporal punishment reaches a certain degree of severity and ‘light’ physical punishment by parents is not covered by the new legislation. Provisions against violence and abuse in the Penal Code (2005), the Civil Code (2002), the Family Act and the Constitution (1992) are not interpreted as prohibiting all corporal punishment in childrearing.

"Consequently, the Committee concludes that the situation in the Slovak Republic is not in conformity with Article 17§1 of the Charter, as all forms of the corporal punishment of children in the home are not explicitly prohibited.

"The Committee concludes that the situation in the Slovak Republic is not in conformity with Article 17§1 of the Charter on the grounds that:

- all forms of corporal punishment of children are not explicitly prohibited in the home…."

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2003

(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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2001

(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."

Read more from 2001
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