Committee on the Rights of the Child: Spain

Session 055 (2010)

(3 November 2010, CRC/C/ESP/CO/3-4, Concluding observations on third/fourth report, paras. 34 and 35)

"The Committee highly welcomes the amendment of article 154 of the Civil Code on corporal punishment, in line with the Committee’s previous recommendations (CRC/C/15/Add. 185), which deletes the provision stipulating that parents could reasonably and moderately correct their children, and includes the provision stipulating that parental authority shall always be exercised for the benefit of children, according to their personality ‘and with respect for their physical and psychological integrity.’ It further welcomes the efforts made through sensitization campaigns such as ‘Corregir no es Pegar’ to promote positive, non-violent forms of discipline, but reiterates its concern that corporal punishment, in particular in the home, continues to be socially accepted.

"The Committee recommends that the State party continue its efforts through awareness-raising campaigns and parenting education programmes to ensure that positive, non-violent forms of discipline are used in a manner consistent with the child’s human dignity, in conformity to the Convention, especially article 28, paragraph 2, and taking due account of general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel and degrading forms of punishment."

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Session 030 (2002)

(13 June 2002, CRC/C/15/Add.185, Concluding observations on second report, paras. 30 and 31)

"... the Committee deeply regrets that article 154 of the Civil Code, stating that parents ‘may administer punishment to their children reasonably and in moderation’, has not yet been revised….

"The Committee reiterates its previous recommendation to amend article 154 in order to delete the reference to reasonable chastisement. It further recommends that the State party:

a) prohibit all forms of violence, including corporal punishment, in the upbringing of children, in conformity with article 19 of the Convention;

b) conduct awareness campaigns and promote alternative forms of discipline in families."

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Session 007 (1994)

(24 October 1994, CRC/C/15/Add.28, Concluding observations on initial report, paras. 10 and 18)

"Furthermore, the Committee expresses concern at the wording of article 154 of the Spanish Civil Code which provides that parents ‘may administer punishment to their children reasonably and in moderation’, which may be interpreted to allow for actions in contradiction with article 19 of the Convention....

"Furthermore, the Committee encourages the Spanish authorities to pursue the law reform to ensure full compliance of the domestic legislation with the provisions of the Convention. In this regard, the Committee recommends that the law reform include the review of the language used in legal provisions and, in particular, the revision of article 154 of the Spanish Civil Code stating that parents ‘may administer punishment to their children reasonably and in moderation’, in order to bring it into full conformity with article 19."

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