European Committee of Social Rights: Spain

2015

(January 2016, Conclusions 2015)

“The Committee notes that corporal punishment continues to be prohibited in all settings, including in the home.”

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2011

(January 2012, Conclusions 2011)

"In its previous conclusion (Conclusions 2005) the Committee held that the situation in Spain was not in conformity with the Charter as corporal punishment was not prohibited in the home. The Committee notes that the report does not provide any information on this point.

"However, the Committee notes from another source that corporal punishment is now prohibited in the home. The First Schedule to Law No. 54/2007 on International Adoption amended the Civil Code to remove the ‘right’ of parents and guardians to use ‘reasonable and moderate’ forms of ‘correction’ from Articles 154 and 268 of the Civil Code. These Articles of the Code now state that parents/guardians must exercise their authority with respect for the child’s physical and psychological integrity. The explanatory memorandum to the law clarifies that the purpose of the amendment is to address the concerns of the UN Committee on the Rights of the Child that the ‘power to correct’ breaches Article 19 of the Convention on the Rights of the Child.

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

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2005

(March 2005, Conclusions XVII-2)

"With regard to corporal punishment in schools and educational institutions, the 1985 Organic Law regulating the right to education grants pupils the right to their personal integrity and dignity. Pupils are also protected against all physical or moral aggression as a basic right. The Committee asks whether legislation prohibits corporal punishment of children in other institutions.

"The Committee notes that there has been no amendment to Article 154 of the Spanish Civil Code which reads that parents ‘may administer punishment to their children reasonably and in moderation’.

"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 this prohibition must [be] combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Spain is not in conformity with Article 17 of the Charter.

"The Committee concludes that the situation in Spain is not in conformity with Article 17 of the Charter on the ground that corporal punishment in the home is not prohibited."

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2001

(1 January 2001, Conclusions XV-2 vol. 2, pages 536-538)

"The Committee notes from the Concluding Observations of the Committee on the Rights of the Child in respect of Spain’s first report under the Convention on the Rights of the Child, that Article 154 of the Spanish Civil Code provides that parents ‘may administer punishment to their children reasonably and in moderation’. The Committee notes that this would permit the corporal punishment of children, which is in breach of Article 17 of the Charter and it refers to its general observations on Article 17 in the General introduction. The Committee wishes to know whether this provision of the Civil Code has been amended, and further whether legislation prohibits the corporal punishment of children in schools, institutions and elsewhere. Meanwhile, it defers its conclusion...

"Pending receipt of information on the corporal punishment of children, the Committee defers its conclusion."

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