Summary of law reform necessary to achieve full prohibition

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

There appears to be no confirmation in legislation of 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 in legislation relating to disciplinary measures 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. There is no legal defence for its use enshrined in law but provisions against violence and abuse in the Penal Code (2004), the Family Act (1989) and the Charter on Human and Minority Rights and Civil Liberties (2003) are not interpreted as prohibiting all corporal punishment in childrearing.

In 2008, the Deputy Minister of Justice Mr Lukas Redziniak signed the Council of Europe petition against all corporal punishment of children. In the same year, a Bill on Protection from Domestic Violence was under discussion, but we have no details of its provisions.

Schools

Corporal punishment is prohibited in schools under the General Law on Education (article 111), the Law on Primary Education (article 66) and the Law on High School states (article 49).

Penal system

Corporal punishment is unlawful as a sentence for crime under the Criminal Code and the Law on Juvenile Perpetrators of Criminal Acts and on Criminal Legal Protection of Minors, which make no provision for judicial corporal punishment.

Corporal punishment is considered unlawful as a disciplinary measure in penal institution, but we have not identified an explicit prohibition in law.

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, 61% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 35% experienced physical punishment and psychological aggression, 19% experienced psychological aggression only and 7% experienced physical punishment only. In total, 42% of children experienced physical punishment, while only 5% of mothers and caregivers believe that physical punishment is necessary in childrearing. Disabled children were more likely to experience harsh discipline: 8% of disabled children aged 2-9 were hit on the face, head or ears, hit repeatedly or hit hard, compared with 6% of non-disabled children. Of girls and women aged 15-49, 11% 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)

Interviews with young offenders, carried out as part of a UNICEF assessment of the juvenile justice system, revealed that many had experienced physical punishment during custody in penal institutions. (Conragan, C., 2002, Children in conflict with the law: Victims of the transition – An assessment of the juvenile justice systems in the Republics of Serbia and Montenegro, UNICEF)

Recommendations by human rights treaty bodies

Committee Against Torture

“The Committee notes that corporal punishment of children is not explicitly prohibited in the home and in alternative care settings (art. 16).

Taking into account the recommendation in the United Nations Secretary General’s Study on Violence Against Children (A/61/299), the State party should adopt and implement legislation prohibiting corporal punishment in all settings, supported by the necessary awareness-raising and educational campaigns.”
(19 January 2009, CAT/C/MNE/CO/1, Concluding observations on initial report, para. 22)