Current legality of corporal punishment

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Corporal punishment is considered lawful in the home until the revised Civil Code, adopted in September 2025, comes into force in 2026.[1]

In September 2025, the Council of States (Conseil des États) adopted the Civil Code Amendment Bill which explicitly prohibits corporal punishment of children in the home. The revised article 302 (1) of the Civil Code states: “Parents are required to raise the child according to their abilities and means and have the duty to promote and protect their physical, intellectual and more development. In particular, they are required to raise [the child] without resorting to violence, including corporal punishment or other degrading treatment (unofficial translation).  In a new section, article 302 (4) requires cantons to ensure that parents and children, together or separately, can access support services in case of difficulties in childrearing.  Corporal punishment of children will be considered unlawful in the home once the revised Civil Code comes into force in 2026. National awareness campaigns are also planned to support the law reform.[2]

The law reform process started in December 2022 with the introduction of motion 21.3185 in Parliament, which resulted in a vote supporting a law reform to explicitly ban corporal punishment in the home. In August 2023, the Government released the Civil Code Amendment Bill which aimed to achieve prohibition of corporal punishment in the home. The revised article 304 (1) explicitly stated: “…[parents] are required to raise the child without resorting to corporal punishment or other forms of degrading violence"[3] (unofficial translation). In a new section, article 304 (4) required cantons to ensure that parents and children, together or separately, can access support services in case of difficulties in childrearing. During the fourth UPR cycle of Switzerland in 2023, the Government supported all recommendations to prohibit corporal punishment in all settings and confirmed that law reform was under way.[4] Following a series of nationwide consultations in 2023, the Government finalised the Civil Code Amendment Bill which was respectively tabled in the two chambers of the Parliament, i.e. the National Council and the Council of States, in September 2025.

Alternative care settings

Corporal punishment is considered unlawful in alternative care settings under Federal Court judgement BGE 117 IV 14 (see under “Schools”), but there is no explicit prohibition in law. The Civil Code, amended in 2025, only prohibits corporal punishment inflicted by parents. Prohibition of corporal punishment by parents in alternative care provision involving family placements will be confirmed once the revised Civil Code comes into force in 2026.

Day care

Corporal punishment is considered unlawful in early childhood care and in day care for older children under Federal Court judgement BGE 117 IV 14 (see under “Schools”), but there appears to be no explicit prohibition in law. The Civil Code amended in 2025, only prohibits corporal punishment inflicted by parents.

Schools

Corporal punishment is considered unlawful in schools. In some of the 26 cantons, corporal punishment is explicitly prohibited in school laws; in others it is prohibited in regulations, and in others there are school rules which state that it should not be used. The Government has acknowledged the fragmented nature of legislation relating to corporal punishment in schools.[5]In 1991, the Federal Court ruled that corporal punishment may be permissible in some cantons in certain circumstances if it does not exceed the level generally accepted by society.[6] However, a ruling in 1991 stated there can be no customary law that would allow teachers or other persons taking care of children to exercise corporal punishment against them.[7]

Penal institutions

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions but there appears to be no explicit prohibition. The Federal Act on Juvenile Criminal Procedure 2009 and the Juvenile Criminal Code 2003 do not explicitly prohibit corporal punishment.

Sentence for crime

Corporal punishment is unlawful as a sentence for crime. It is not available as a sentence under the Criminal Code, the Criminal Procedure Code (in force 2011), the Federal Act on the criminal status of minors (in force 2007) or the Constitution.

[1] https://www.fedlex.admin.ch/eli/fga/2025/2892/fr

[2] https://www.20min.ch/fr/story/suisse-l-education-sans-violence-entre-de-le-code-civil-103411998

[3] https://www.admin.ch/gov/fr/accueil/documentation/communiques.msg-id-97409.html (accessed 24 August 2023)

[4] 9 June 2023, A/HRC/53/12/Add.1, Report of the Working Group

[5] 30 October 2013, CRC/C/CHE/2-4, Second-fourth state party report, para. 160

[6] Cited in 3 June 2002, CRC/C/SR.791, Summary record of 791^st meeting, para. 66

[7] BGE 117 IV 14

Universal Periodic Review of Switzerland’s human rights record

Switzerland was examined in the first cycle of the Universal Periodic Review in 2008 (session 2). The following recommendation was made and was accepted by the Government:[1]

“To consider the explicit prohibition of all practices of corporal punishment of children (Italy)”

In accepting the recommendation, the Government stated: “The Federal Constitution specifically protects the corporal integrity of children and young people. In Switzerland, degrading treatment of children and any corrective methods that harm the child’s physical, psychological or spiritual integrity are prohibited by judgement of the Federal Tribunal. The Criminal Code punishes assault in general and also stipulates that repeated assault against children by their guardians or supervisors is automatically prosecuted.”[2]

Examination in the second cycle took place in 2012 (session 14). During the review the following recommendations were made:[3]

“Increase its efforts to carry out public-awareness campaigns on the negative effects of violence against children, especially corporal punishment (Iran (Islamic Republic of));

“Establish an explicit legal ban on corporal punishment of children in the home (Liechtenstein)”

The Government accepted the recommendation concerning awareness raising. However, the recommendation to prohibit corporal punishment in the home was rejected: “Rejected. Corporal punishment is explicitly prohibited by the rules and regulations of schools and institutions. Likewise, assault and, by extension, bodily harm, are punishable under criminal law. For this reason, in 2008, Parliament decided not to follow up a proposal to enact specific legislation to this effect. This matter has been re-examined in the Report of the Federal Council last year, which did not lead to a different conclusion.”[4]

Third cycle examination took place in 2017 (session 28). The national report stated “The Civil Code currently in effect does not expressly prohibit the corporal punishment of children, but it is in conformity with the widespread view that corporal punishment is no longer a method of upbringing compatible with the well-being of the child. Switzerland therefore believes that it is not necessary to explicitly incorporate this principle in the Civil Code or to amend the criminal law, since repeated acts of violence against dependants, including children, have been prosecuted automatically since 1990, while bodily harm inflicted intentionally is always prosecuted automatically. The parliament has consistently rejected attempts to introduce such a prohibition.”[5] The following recommendations were extended:

“Prohibit all practices of corporal punishment (Kyrgyzstan)”

“Adopt legislation which explicitly prohibits corporal punishment of children in all settings, including in the home (Sweden)”

The Government supported the first of the recommendations but “noted” the second one. [6]

Examination in the fourth cycle took place in 2023 (session 53). During the review the following recommendations were made:[7]

“Prohibit corporal punishment of children by law in all settings, including at home and in schools, childcare institutions, alternative care settings and penal institutions (Croatia);

“Prohibit explicitly corporal punishment in law in all settings, including in the home, schools, childcare institutions, alternative care settings and penal institutions (Denmark);

“Prohibit explicitly corporal punishment of children in law in all settings, including in the home, schools, childcare institutions, alternative care settings and penal institutions (Estonia);

“Extend the prohibition of corporal punishment in its laws to explicitly also cover corporal punishment of children in all settings, including in the home, schools, childcare institutions, alternative care settings and penal institutions (Liechtenstein);

“Introduce explicit legal provisions that prohibit corporal punishment as an educational measure in all settings, including at home and in schools, childcare institutions, alternative care settings and penal institutions (Poland).”

The Government supported all recommendations and responded:[8] “The right to inflict corporal punishment on children was abolished in 1978. Repeated assaults and acts of aggression against children are automatically prosecuted. Motion 19.4632 calling on the Federal Council to incorporate the right to education without violence into the Civil Code was adopted by the Swiss Parliament on 14 December 2022. Drafting work is currently under way.”

[1] 28 May 2008, A/HRC/8/41, Report of the working group, para. 57(23)

[2] 25 August 2008, A/HRC/8/41/Add.1, Report of the working group: Addendum, para. 25

[3] 7 December 2012, A/HRC/22/11, Report of the working group, paras. 122(44) and 123(81)

[4] 5 March 2013, A/HRC/22/11/Add.1, Report of the working group: Addendum, para. 123(81)

[5] 11 July 2017, A/HRC/WG.6/28/CHE/1, National report, para. 22

[6] 29 December 2017, A/HRC/37/12, Report of the working group, paras. 146(103) and 148(61)

[7] 31 March 2023, A/HRC/53/12, Report of the Working Group, paras. 39(263), 39(264), 39(265), 39(266) and 39(267)

[8] 9 June 2023, A/HRC/53/12/Add.1, Report of the Working Group

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

(24 September 2021, CRC/C/CHE/5-6, Concluding observations on the fifth and sixth periodic report, paras. 26 and 27)

“The Committee remains deeply concerned that corporal punishment is legally and socially acceptable in the State party. It regrets the State party’s persistent position that an explicit prohibition of corporal punishment in the Civil Code is not necessary because existing laws on violence and abuse are sufficient in protecting children from corporal punishment. The Committee is of the view that such legislative provisions do not guarantee the protection of children from corporal punishment, and that clear prohibition in applicable sectoral legislation is essential.

“The Committee reiterates its previous recommendations and strongly urges the State party to:

Explicitly prohibit, as a matter of priority, corporal punishment in law in all settings, including in the home, schools, childcare institutions, alternative care settings and penal institutions.

Allocate sufficient resources to awareness-raising campaigns aimed at promoting positive, non-violent and participatory forms of child-rearing and discipline and underscoring the adverse consequences of corporal punishment.”

Committee on the Rights of the Child

(4 February 2015, CRC/C/CHE/CO/2-4 Advance Unedited Version, Concluding observations on second-fourth report, paras. 38 and 39)

“While noting that there have been amendments to criminal and civil legislation which strengthen the protection of children from assault, the Committee regrets that corporal punishment is still not considered as physical violence if it does not exceed the level generally accepted by society, and that it is not explicitly prohibited in all settings.

“The Committee draws the attention of the State party to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and urges the State party to explicitly prohibit all practices of corporal punishment in all settings and strengthen its efforts to promote positive, non-violent and participatory forms of child-rearing and discipline.”

Committee on the Rights of the Child

(7 June 2002, CRC/C/15/Add.182, Concluding observations on initial report, paras. 32 and 33)

“While noting that corporal punishment is prohibited in schools, the Committee is concerned that according to the jurisprudence of the Federal Tribunal, corporal punishment is not considered as physical violence if it does not exceed the level generally accepted by society. In addition, the Committee is concerned that corporal punishment within the family is not prohibited under law.

“The Committee recommends that the State party explicitly prohibit all practices of corporal punishment in the family, schools and in institutions 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, paragraph 2.”

Committee Against Torture

(25 May 2010, CAT/C/CHE/CO/6, Concluding observations on sixth report, para. 23)

“While taking note of information supplied by the State party, according to which the jurisprudence of the Federal Tribunal confirms the ban on corporal punishment, including for educational purposes, and that corporal punishment is also covered by article 126 (2) of the Criminal Code, the Committee notes with concern that corporal punishment is not specifically prohibited under the legislation of the State party (art. 16).

The State party should specifically prohibit corporal punishment in its legislation. To that end, the Committee urges the State party to relaunch the 06.419 Vermont-Mangold parliamentary initiative, aimed at enacting legislation to protect children from corporal punishment and other affronts to their dignity, which was shelved by Parliament. The Committee also calls upon the State party to carry out public-awareness campaigns on the negative effects of violence against children, especially corporal punishment.”

Prevalence/attitudinal research in the last ten years

A 2022 survey conducted by the University of Fribourg on behalf of Child Protection Switzerland found that nearly 40% of children experience physical and/or psychological violence at home. According to the study, conducted among 1013 parents, 'spanking' is the most common punishment, used by 15% of parents. Meanwhile, almost one in six parents regularly resort to psychological violence. Violent insults are the most common, followed by deprivations of affection. 

Université de Fribourg (2022) Fréquence de la violence physique des parents envers leurs enfants: Bulletin des résultats 2/2022

A 2019 study by the University of Fribourg on how parents in Switzerland punish their children found that 4.4% of parents admitted to using physical force regularly (down from 5.79% in 2017), while 23.2% regularly use psychological violence (down from 25.15%), with younger children more likely to experience violence than older children. The study is based on data collected in a survey of a representative sample of 1,523 people. According to the authors, an estimated 130,000 children living in Switzerland could be affected by a regular use of physical violence on the part of their parents.

(Universität Freiburg (2019) Bestrafungsverhalten von Eltern in der Schweiz Physische und psychische Gewalt in Erziehung und Partnerschaft in der Schweiz: Momentanerhebung und Trendanalyse)

Two-thirds of 17- and 18-year-olds in Switzerland have experienced parental violence at some point in their youth. The anonymous survey of 8,317 students across ten Swiss cantons in 2017 found that punishments including slaps to the face and hits were experienced by 41% of respondents; harder violence such as punching, hitting with an object, or serious beatings was reported by 22%. Youths from families that were dependent on unemployment or other welfare benefits were twice as likely to report serious violence as those in wealthier households. Youths from families of immigrants were more than three times as likely to report violence as non-immigrant Swiss children.

(Reported in “Two out of three Swiss teens report corporal punishment”, SwissInfo.ch, August 5, 2018 https://www.swissinfo.ch/eng/discipline_two-out-of-three-swiss-teens-report-corporal-punishment/44302156)

In a 2007 survey of 1,028 people, 68.1% said slapping a child or “smacking” their bottom was a legitimate educational measure (61.8% of 15-34 year olds, 67.7% of 35-5 year olds and 76.8% of 55-74 year olds).

(ISOPUBLIC Institut für Markt- und Meinungsforschung (2007), Jugendkriminalität: GALLUP TELEOmnibus: Befragung vom 11.7-14.7.2007, Schwerzenbach: ISOPUBLIC Institut für Markt- und Meinungsforschung)