Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, penal institutions and alternative care settings.

There appears to be no confirmation in legislation that parents have a right to administer “reasonable punishment” or any other similar provision, but legal provisions against violence and abuse are not interpreted as prohibiting all corporal punishment in childrearing. The law should explicitly prohibit all corporal punishment and other cruel or degrading forms of punishment by all persons with authority over children, including parents.

Explicit prohibition should be enacted of corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law and in all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and abuse in the Constitution (1998), the Criminal Code (1995), the Family Code (2003) and the Law “On Measures Against Violence in Family Relations” (2006) are not interpreted as prohibiting all corporal punishment in childrearing.

In September 2008, government and parliamentary representatives signed the Council of Europe’s petition against corporal punishment.

Schools

Corporal punishment is explicitly prohibited in schools in article 36.2 of the Fundamental Normative Provision, based on Law No. 7952 “For the Pre-University Educational System” (1995, amended 2000).

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not a permitted punishment under the Criminal Code.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions under various protections from cruel treatment or degrading treatment in the Criminal Procedure Code (1995) and the Constitution, but there is no explicit prohibition in relation to juvenile detention facilities.

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings.

Prevalence research

According to statistics from UNICEF on violence in the family, 49% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 10% experienced physical punishment and psychological aggression, 2% experienced psychological aggression only and 37% experienced physical punishment only. In total, 47% of children experienced physical punishment, while only 6% of mothers and caregivers believe that physical punishment is necessary in childrearing. Disabled children were more likely to experience harsh discipline: 12% of disabled children aged 2-9 were hit on the face, head or ears, hit repeatedly or hit hard, compared with 8% of non-disabled children. Of girls and women aged 15-49, 30% think that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Research in 2000 by the Children’s Human Rights Centre of Albania, involving interviews with 35 children in detention centres, found that the use of torture by police officers during arrest and investigation was widespread. (Hazizaj, A. & Thornton Barkley, S., 2000, Awaiting Trial: A report on the situation of children in Albanian police stations and pre-trial detention centres, Children’s Human Rights Centre of Albania)

Interview research with juveniles in prisons by the Children’s Human Rights Centre of Albania found that corporal punishment was commonly used as a punishment when internal prison rules were broken. (Coku, B. & Kotorri, V., 2000, Juveniles in Albanian Prisons: A report on the situation of juveniles in Albanian prisons, Children’s Human Rights Centre of Albania)

Recommendations by human rights treaty bodies

“The Committee is concerned that corporal punishment remains lawful in the family, and continues to be used as a disciplinary method.

“The Committee urges the State party to expressly prohibit by law all corporal punishment in the family. The State party is further encouraged to undertake awareness-raising campaigns and education programmes on non-violent forms of discipline, and to conduct research into the prevalence of corporal punishment of children in the family.”
(31 March 2005, CRC/C/15/Add.249, Concluding observations on initial report paras. 50 and 51)