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.

There is no defence for the use of corporal punishment enshrined in legislation but there is no explicit prohibition. Realisation of children’s rights to equal legal protection from assault and to protection from all forms of violence requires clarity in law that no degree or form of corporal punishment is acceptable or lawful, without exception. Explicit prohibition should be enacted of all corporal punishment and other humiliating and degrading treatment, in the home and all other settings where adults exercise authority over children.

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. Provisions against violence and abuse in the Civil Code (1997), the Code of Administrative Offences, the Criminal Code (1999), the Law on Education (1997), the Law on the Elimination of Domestic Violence (2006) and the Constitution (1995) are not interpreted as prohibiting corporal punishment of children.

In September 2008, the Minister for Education and Science, Mr Giorgi Nodia, signed the Council of Europe’s petition against all corporal punishment of children.

Schools

Corporal punishment is unlawful in schools under article 19 of the Law on General Education, which states that school discipline must respect pupils’ dignity, but there is no explicit prohibition.

Penal system

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

Corporal punishment is unlawful as a disciplinary measure in penal institutions. It is not a permitted disciplinary measure under the Law on Imprisonment, but there is no explicit prohibition.

Alternative care

Corporal punishment is reportedly prohibited in institutional care establishments, but we have no details of applicable law. There is no explicit prohibition of corporal punishment in other forms of childcare.

Prevalence research

According to statistics from UNICEF on violence in the family, 66% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 40% experienced physical punishment and psychological aggression, 18% experienced psychological aggression only and 8% experienced physical punishment only. In total, 48% of children experienced physical punishment, while only 13% of mothers and caregivers believe that physical punishment is necessary in childrearing. 17% of disabled children aged 2-9 were hit on the face, head or ears, hit repeatedly or hit hard, 25% of non-disabled children. Of girls and women aged 15-49, 7% 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)

A study in 2005 on Early Childhood Development and Preschools Education in Georgia found that child rearing and discipline is primarily the responsibility of the mother (75%) and that slapping is the most widespread form of discipline used by parents in Georgia; 60% of families reported corporal punishments as a common and frequent practice with a high (11%) child injury rate at home. (Iltus, S. (2005), “Early Childhood Development and Preschool Education in Georgia: Research Findings and Recommendations”, UNICEF. Reported in Minnesota Advocates for Human Rights & Institute for Policy Studies (2006). Domestic Violence and Child Abuse in Georgia: An Assessment of Current Standings of Law and Practice Regarding Domestic Violence and Child Abuse in Georgia, and Recommendations for Future United Nations Country Team Involvement. UN Country Team of Georgia: Tbilisi and cited in the government Early Childhood Development (ECD) 2007-2009 National Strategic Plan of Action)

A study in 2000 by the Red Cross Committee of Georgia on child abuse and physical and psychological violence against children in the family, institutions (schools, study groups, sport groups) and neighbourhoods involved structured interviews with 4,382 children aged 6-17 years. Almost two in five (39.2%) reported being subject to corporal punishment within the family, mostly by the mother. Almost a third (31.8%) reported experiencing physical punishment in schools, predominantly (in 96% of cases) by school teachers. (Red Cross Committee of Georgia, 2000, “Child Abuse and Neglect”, Red Cross/UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“While noting the legal prohibition of corporal punishment in school as stipulated in Article 19 of the Law on General Education, the Committee notes with concern that corporal punishment in the home remains lawful. Furthermore the Committee concerned that corporal punishment continues to occur in the home as well as schools and institutions.

“The Committee recommends that the State party adopt legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns against corporal punishment and promote positive, non-violent forms of discipline as an alternative to corporal punishment, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006).”
(23 June 2008, CRC/C/GEO/CO/3, Concluding observations on third report, paras. 31 and 32)

“The Committee welcomes the fact that the State party considers corporal punishment totally unacceptable and inadmissible. However, the Committee notes that the prohibition of corporal punishment, referred to in the second periodic report of Georgia to the Human Rights Committee (see CCPR/C/GEO/2000/2, paragraph 117), refers only to the educational system and institutional care establishments, and regrets that corporal punishment is not explicitly prohibited in the family.

“The Committee encourages the State party expressly to prohibit corporal punishment in the family in legislation and to fully implement the prohibition of the use of violence, including corporal punishment, in schools and institutions, inter alia, by promoting positive, non-violent forms of discipline, especially in families, schools and care institutions in light of article 28 (2) of the Convention.”
(27 October 2003, CRC/C/15/Add.222, Concluding observations on second report, paras. 44 and 45)

“While the Committee notes that corporal punishment in schools is prohibited by law and that there is an intention also to prohibit its use within the family, it is concerned that this type of punishment continues to be used in schools, families and care institutions.

“The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, schools and care institutions. The Committee further recommends that the State party, through, for example, public awareness campaigns, promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in families, the schools and care institutions.”
(28 June 2000, CRC/C/15/Add.124, Concluding observations on initial report, paras. 42 and 43)