Summary of law reform necessary to achieve full prohibition

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

We have been unable to establish whether or not legislation confirms a right of parents and others with parental authority to administer physical punishment, but legal provisions against violence are not interpreted as prohibiting all corporal punishment in childrearing. The near universal acceptance of corporal punishment in “disciplining” children necessitates a clear statement in law that all corporal punishment, however “light”, is prohibited.

Explicit prohibition should be enacted of corporal punishment in all schools, public and private, all institutions accommodating children in conflict with the law, and 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. The Llei qualificada on adoption and other forms of protection of abandoned minors states that the purpose of parental authority is to protect the child’s safety, health and morals, and parents have a right and duty to care for, watch over, maintain and educate the child (articles 27-28). The Criminal Code (2005, amended 2008) punishes domestic violence and physical ill-treatment, including physical assault which does not cause injury (articles 114 and 476) but we have no evidence that these provisions are interpreted as prohibiting all corporal punishment in childrearing.

Schools

There is no explicit prohibition of corporal punishment in schools, but the qualified law on education (1993), the law regulating the Andorran educational system (1994), the regulations for private teaching centres (1994), the regulations for safety in schools (2000) and the law guaranteeing the rights of the disabled (2002) provide for the respect of freedom and basic rights, including the dignity of the person.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in the Criminal Code.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions. It is not among permitted sanctions in Law 3/2007 on the Penitentiary, but it is not explicitly prohibited.

Alternative care

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

Prevalence research

None identified.

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

 “...while noting that corporal punishment in school is prohibited under law, [the Committee] remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools.

“In light of article 19, the Committee recommends that the State party:

e) Prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children’s rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2.”
(7 February 2002, CRC/C/15/Add.176, Concluding observations on initial report, paras. 39 and 40)