Last updated: December 2016
Flag of Faroe Islands Country report for Faroe Islands

Summary of law reform necessary to achieve full prohibition

Law reform has been achieved. Corporal punishment is prohibited in all settings, including the home.

Legality of corporal punishment

Home

Corporal punishment is unlawful in the home. A 1997 amendment to the Danish Parental Custody and Care Act 1995 states explicitly that the child “may not be subjected to corporal punishment or any other degrading treatment”. The Act entered into force in the Faroe Islands in 2007. In Denmark, the Act has been replaced by the Act on Parental Responsibility 2007, which reiterates the prohibition. In reporting to the Human Rights Committee in 2015, the Government of Denmark confirmed that the 2007 Act on Parental Responsibility applied in the Faroe Islands.[1]

 

Alternative care settings

Corporal punishment is unlawful in alternative care settings. The prohibition of corporal punishment in the Danish Act on Parental Responsibility 2007 (see under “Home”) applies to all persons with parental authority over children.

 

Day care

Corporal punishment is unlawful in early childhood care and in day care for older children. The prohibition of corporal punishment in the Danish Act on Parental Responsibility 2007 (see under “Home”) applies to all persons with parental authority over children.

 

Schools

Corporal punishment is prohibited in schools though we have yet to identify the prohibiting legislation. Government Circular No. 1 on School Discipline of 12 January 1994 states that corporal punishment must not be used in schools.

 

Penal institutions

Corporal punishment is unlawful as a disciplinary measure in penal institutions, but we have no details of prohibiting legislation.

 

Sentence for crime

Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in criminal law.

 

Universal Periodic Review of Denmark’s human rights record

Denmark was examined in the first cycle of the Universal Periodic Review in 2011 (session 11). No recommendations were made specifically concerning corporal punishment of children. However, the following recommendation was made and was accepted by the Government:[2]

“Continue its efforts to combat domestic violence, especially against vulnerable groups such as women and children (Republic of Korea);

“Establish specific mechanisms and formulate specific programmes geared to addressing the issue of violence against women and children, including by harmonizing national legislation with international human rights standards (Indonesia)”

Examination in the second cycle took place in 2016 (session 24). No recommendations were made specifically on corporal punishment of children. The Government informed the UPR that prohibition was expected to be achieved in Greenland in 2016.[3]

 

Prevalence/attitudinal research for Faroe Islands in the last 10 years

None identified.

Footnotes

[1] 10 November 2015, CCPR/C/DNK/6, Sixth report, paras. 235-236

[2] 11 July 2011, A/HRC/18/4, Report of the working group, paras. 106(83) and 106(86)

[3] 1 February 2016, A/HRC/WG.6/24/L.7 Unedited Version, Draft report of the working group, para. 118

Child population

[not available]

National and regional advocacy for law reform

n/a

Forthcoming treaty body examinations and UPRs

Information relating to Denmark:

Universal Periodic Review (UPR): 2021, session 38, deadline for briefing tbc

Committee on the Rights of the Child: 2017, session 76, deadline for LOI briefing has passed (1 November 2016), deadline for exam briefing 15 August 2017

Notes

The Faroe Islands is a self-governing country within the Kingdom of Denmark.

This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.