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  <b>
  
  <p align="justify">Europe-wide ban on corporal punishment of children </p>
  <p align="justify">Doc. 10199<br>
  </b>4 June 2004</p>
  
  <b>
  
  <p align="justify">Report<br>
  </b>Social, Health and Family Affairs Committee<br>
  Rapporteur: Mrs Helena Bargholtz, Sweden, Liberal, Democratic and Reformers&#146; 
  Group</p>
  </font>
  </span>
  <font SIZE="2">
<hr size="1">
  
  <font SIZE="2" face="Verdana">
  <p align="justify"><i>Summary</i></p>
  <p align="justify">Striking a human being is banned in European society. 
  Children are human beings. Yet hitting and deliberately humiliating children 
  remains a common practice approved in a majority of member states. The social 
  and legal acceptance of corporal punishment of children must be ended.</p>
  <p align="justify">The Parliamentary Assembly invites member states to enact 
  legislation prohibiting the corporal punishment of children, particularly 
  within the family.</p>
  <p align="justify">It notes the success the Council of Europe has had in 
  abolishing the death penalty in Europe and the Assembly calls on its member 
  states to make Europe, as soon as possible, a corporal punishment-free zone 
  for children.</p>
  <p align="justify"><b>I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Draft recommendation </b></p>
  <p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Parliamentary Assembly notes that, according to the European Committee of 
  Social Rights, in order to comply with the European Social Charter and the 
  Revised Social Charter, states must ban all forms of corporal punishment and 
  any other forms of degrading punishment or treatment of children.&nbsp;
  <span lang="EN-GB">Five member states fail to meet these requirements because 
  they have not effectively prohibited all forms of corporal punishment.&nbsp;
  </span><span lang="FR">Collective complaints have been lodged against five 
  other member states on the same grounds. </span></p>
  <p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Assembly also notes that the European Court of Human Rights has found in 
  successive judgments that corporal punishment violates children's rights under 
  the Convention for the Protection of Human Rights and Fundamental Freedoms.&nbsp;
  <span lang="FR">These decisions applied initially to corporal punishment in 
  young offenders' institutions, then in schools, including private schools, and 
  most recently within the family home.&nbsp; Moreover, both the European 
  Commission of Human Rights and the Court have emphasised that banning all 
  corporal punishment does not breach the right to private or family life or 
  religious freedom.</span></p>
  <p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; All 
  member states have ratified the United Nations Convention on the Rights of the 
  Child which requires them to protect children from all forms of physical or 
  mental violence while in the care of adults.&nbsp; <span lang="FR">The 
  Committee on the Rights of the Child, which monitors compliance with the 
  Convention, has consistently interpreted the latter as requiring states both 
  to prohibit all forms of corporal punishment of children and to educate and 
  inform the public on the subject.</span></p>
  <p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Assembly welcomes the global initiative to end all corporal punishment of 
  children and wishes to add its support to that already given by UNICEF, 
  UNESCO, the United Nations High Commissioner for Human Rights, the 
  Commissioner for Human Rights of the Council of Europe, the European Network 
  of Ombudsmen for Children (ENOC)&nbsp; and numerous national and international 
  human rights institutions and non-governmental organisations across Europe.</p>
  <p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Assembly considers that any corporal punishment of children is in breach of 
  their fundamental right to human dignity and physical integrity.&nbsp;
  <span lang="FR">The fact that such corporal punishment is still lawful in 
  certain member states violates their equally fundamental right to the same 
  legal protection as adults.&nbsp; </span>Striking a human being is prohibited 
  in European society and children are human beings.&nbsp; <span lang="FR">The 
  social and legal acceptance of corporal punishment of children must be ended.</span></p>
  <p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Assembly is concerned to note that, so far, only a minority of the 45 member 
  states have formally prohibited corporal punishment in the family and in all 
  other settings. While they have all banned corporal punishment in schools, 
  including private schools and other educational institutions, this does not 
  necessarily extend to residential and all other forms of child care.&nbsp;
  <span lang="FR">Nor are such bans systematically and universally respected.</span></p>
  <p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The 
  Assembly therefore invites the Council of Europe's Committee of Ministers to 
  launch a co-ordinated and concerted campaign in all the member states for the 
  total abolition of corporal punishment of children.&nbsp; <span lang="EN-GB">
  The Assembly notes the success of the Council of Europe in abolishing the 
  death penalty and the Assembly now calls on it to make Europe, as soon as 
  possible, a corporal punishment-free zone for children.</span></p>
  <p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It 
  invites the Committee of Ministers and the other Council of Europe bodies 
  concerned, as a matter of urgency, to establish strategies, including 
  technical assistance, for achieving this objective in conjunction with member 
  states, with a particular emphasis on:</p>
  <blockquote>
    <p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    making children, those who live and work with them and the general public 
    aware of the total ban on corporal punishment and other forms of humiliating, 
    inhuman and degrading treatment of children;</p>
    <p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    ensuring general awareness of children's fundamental rights, in particular 
    their right to human dignity and physical integrity;</p>
    <p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    encouraging positive, non-violent forms of child-rearing, education and 
    conflict resolution among future and existing parents, other carers and the 
    public at large;</p>
    <p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    offering children and young persons the opportunity to express their views 
    and be involved in planning and implementing activities to eradicate 
    corporal punishment;</p>
    <p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    making sure that parents, particularly those experiencing child-rearing 
    difficulties, are offered the necessary advice and support;</p>
    <p align="justify"><span lang="FR">vi.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
    </span>offering children confidential advice, counselling and legal 
    representation so that they can respond to violence against them;</p>
    <p align="justify">vii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; offering 
    effective and appropriate protection to children who are particularly 
    vulnerable to harmful and humiliating punishment, such as disabled children 
    and children in institutions or detention facilities;</p>
  </blockquote>
  <p align="justify"><span lang="FR">viii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>ensuring that corporal punishment and other harmful and humiliating 
  forms of discipline inflicted on children are included in the definition of 
  domestic or family violence and that strategies to combat the violent 
  punishment of children form an integral part of strategies against domestic or 
  family violence.</p>
  <p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Finally, 
  the Assembly invites the Committee of Ministers to recommend that the member 
  states:</p>
  <blockquote>
    <p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    enact appropriate legislation prohibiting the corporal punishment of 
    children, particularly within the family;</p>
    <p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    monitor the effectiveness of abolition through regular research into 
    children's experience of violence at home, in the school and elsewhere, the 
    effectiveness of child protection services and parents&#146; experience of and 
    attitudes to violence against children;</p>
    <p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    ensure that relevant judgments of the European Court of Human Rights and 
    conclusions of the European Committee of Social Rights are fully applied.</p>
  </blockquote>
  <p align="justify"><b><span lang="EN-GB">II.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Explanatory memorandum by Mrs Bargholtz<a href="#_ftn1" name="_ftnref1" title>[1]</a></span></b></p>
  <p align="justify"><b><span lang="EN-GB">Introduction</span></b></p>
  <p align="justify"><span lang="EN-GB">1.</span><font SIZE="2" face="Verdana"><span lang="EN-GB">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>
  </font><span lang="EN-GB">Hitting people is wrong. Hitting people breaches 
  their fundamental rights to respect for their physical integrity and human 
  dignity. Children are small people who share these human rights with adults. 
  Yet hitting and deliberately humiliating children remains a common practice, 
  socially and legally approved, in a majority of member states of the Council 
  of Europe. This Parliamentary Assembly recommendation promotes action to 
  achieve as quickly as possible a Europe-wide ban on all corporal punishment 
  and all other degrading punishment or treatment of children. Its first and 
  urgent purpose is to uphold children&#146;s human rights. </span></p>
  <p align="justify"><span lang="EN-GB">2.</span><font SIZE="2" face="Verdana"><span lang="EN-GB">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>
  </font><span lang="EN-GB">The European Committee of Social Rights states that 
  conformity with the European Social Charter requires prohibition of all 
  corporal punishment and all other degrading forms of punishment or treatment. 
  Judgments of the European Court of Human Rights have progressively condemned 
  corporal punishment including in the family. The United Nations Convention on 
  the Rights of the Child requires states to protect children from all forms of 
  physical or mental violence, while in the care of parents and others. The 
  Committee of Ministers has called for law reform and other actions to end the 
  use of corporal punishment in a series of recommendations, the earliest in 
  1985.</span></p>
  <p align="justify"><span lang="EN-GB">3.</span><font SIZE="2" face="Verdana"><span lang="EN-GB">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>
  </font><span lang="EN-GB">Despite the clearly established human rights 
  standards requiring action, only a minority of the 45 member states of the 
  Council of Europe have explicitly prohibited all corporal punishment including 
  in the family. </span></p>
  <p align="justify"><span lang="EN-GB">4.</span><font SIZE="2" face="Verdana"><span lang="EN-GB">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>
  </font><span lang="EN-GB">Ending corporal punishment is a key to improving 
  children&#146;s status and an essential strategy for preventing all other forms of 
  violence and exploitation. In many member states there has been no research 
  into violence against children in the family; where there have been studies 
  they reveal very high prevalence of corporal punishment, including severe 
  assaults causing injuries.</span></p>
  <p align="justify"><span lang="EN-GB">5.</span><font SIZE="2" face="Verdana"><span lang="EN-GB">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
  </span>
  </font><span lang="EN-GB">The process of eliminating corporal punishment 
  requires explicit legislation linked to awareness-raising of children&#146;s rights 
  to protection and promotion of positive, non-violent forms of discipline.</span></p>
  <p align="justify"><b><span lang="EN-GB">The importance of the issue</span></b></p>
  <p align="justify"><span lang="EN-GB">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The persisting legal and social acceptance of corporal punishment is now 
  recognised as a breach of children&#146;s human rights. Available research suggests 
  that where corporal punishment has not been clearly challenged by law reform 
  and public education, it remains extremely common (see paragraph 9). Across 
  Europe, the fundamental rights of millions of children are being 
  systematically breached on a gigantic scale. All corporal punishment breaches 
  children&#146;s rights to respect for their human dignity and physical integrity. 
  Corporal punishment frequently results in physical injury, disability and in 
  some cases death; research suggests it may also cause psychological damage to 
  children; its use is associated with the development of violent attitudes and 
  actions, in childhood and later life. It is extraordinary that children, whose 
  developmental state makes them particularly vulnerable to physical and 
  psychological injury should have less legal protection from assault in a 
  majority of member states than adults have.</span></p>
  <p align="justify"><span lang="EN-GB">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Traditional attitudes to slaves, servants and women were also reflected, only 
  a century or two ago, in the legal &#147;rights&#148; of their masters and husbands to 
  beat them.<a href="#_ftn2" name="_ftnref2" title>[2]</a> There is no more 
  symbolic demonstration of the persisting low status of children in many 
  European societies than the widespread belief that corporal punishment is 
  legitimate. The implication that children&#146;s physical integrity and human 
  dignity can be invaded with impunity makes other forms of violence against 
  children, including sexual abuse, exploitation and trafficking, more likely. 
  Ending legalised violence against children &#150; corporal punishment &#150; is a key 
  strategy for the prevention of all other forms of violence. </span></p>
  <p align="justify"><b><span lang="EN-GB">The scale of the problem</span></b></p>
  <p align="justify"><span lang="EN-GB">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The only way of discovering the extent of violence against children within the 
  family is through detailed interview studies with parents and children. 
  Retrospective studies, interviewing adults about their childhood, can also 
  provide information but will not reveal what happens in early childhood. 
  Opinion polling can test attitudes to the use of corporal punishment. 
  Measuring progress towards the elimination of corporal punishment requires 
  regular research studies with representative groups of parents and children.</span></p>
  <p align="justify"><span lang="EN-GB">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In many member states there has been no research on violence against children 
  in the family. Studies from a limited number of states suggest that corporal 
  punishment, including severe corporal punishment, is extremely common unless 
  its use has been systematically challenged. For example:</span></p>
  <p align="justify"><b><span lang="EN-GB">Croatia:</span></b><span lang="EN-GB"> 
  a sample of 1000 university students were surveyed in 1997/98 on their 
  childhood experiences of physical and sexual abuse; 93% reported corporal 
  punishment; 27% reported assaults causing injury.<a href="#_ftn3" name="_ftnref3" title>[3]</a>. 
  Croatia explicitly prohibited corporal punishment in 1999.</span></p>
  <p align="justify"><b><span lang="EN-GB">Greece: </span></b>
  <span lang="EN-GB">in a national cohort of 8,158 children aged seven, one in 
  three was spanked at least once a week and one in six daily (1993).<a href="#_ftn4" name="_ftnref4" title>[4]</a>
  </span></p>
  <p align="justify"><b><span lang="EN-GB">Poland:</span></b><span lang="EN-GB"> 
  a nationwide survey of adults in 2001 found that 80% had experienced corporal 
  punishment.<a href="#_ftn5" name="_ftnref5" title>[5]</a></span></p>
  <p align="justify"><b><span lang="EN-GB">Romania:</span></b><span lang="EN-GB"> 
  of a sample of 423 children aged 11 &#150; 13, 75% had been subject to corporal 
  punishment, with 5% reporting they needed medical treatment following it.<a href="#_ftn6" name="_ftnref6" title>[6]</a> 
  In another study 84% of a sample of children stated they had been subjected to 
  corporal punishment by their parents, including 20% who had been beaten with 
  objects and 15% who were afraid to go home because of the beatings.<a href="#_ftn7" name="_ftnref7" title>[7]</a></span></p>
  <p align="justify"><b><span lang="EN-GB">Slovakia:</span></b><span lang="EN-GB">&nbsp; 
  Attitudinal research among a sample of adults in 2002 found 75.3% believing 
  that parents should be allowed to use &#147;occasional slaps&#148;; 41.7% believing that 
  occasional beating with an implement is acceptable, and 22.9% believing that 
  repeated beating is acceptable.<a href="#_ftn8" name="_ftnref8" title>[8]</a></span></p>
  <p align="justify"><b><span lang="EN-GB">UK:</span></b><span lang="EN-GB"> A 
  large-scale interview study in the 1990s found that overall 91% of the 
  children had been hit; only 25% of babies aged under one had never been 
  smacked by their mothers, and 14% of one year olds had been smacked with 
  &#147;moderate severity&#148;. In two-parent families where both parents were 
  interviewed, one fifth of the children had been hit with an implement and over 
  one third had experienced a punishment rated as &#147;severe&#148; (punishment which was 
  intended to, had the potential to or actually did cause physical and/or 
  psychological injury or harm to the child).<a href="#_ftn9" name="_ftnref9" title>[9]</a></span></p>
  <p align="justify"><span lang="EN-GB">The European Social Charter of the 
  Council of Europe</span></p>
  <p align="justify"><span lang="EN-GB">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The European Committee of Social Rights, monitoring member states&#146; compliance 
  with the European Social Charter and Revised Social Charter, stated in 2001 
  that: &#147;Article 17 requires a prohibition in legislation against any form of 
  violence against children, whether at school, in other institutions, in their 
  home or elsewhere. It furthermore considers that any other form of degrading 
  punishment or treatment of children must be prohibited in legislation and 
  combined with adequate sanctions in penal or civil law.<i>&#148;</i><a href="#_ftn10" name="_ftnref10" title>[10]</a></span></p>
  <p align="justify"><span lang="EN-GB">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The Committee has for some years been enquiring about legislation and practice 
  to protect children from ill-treatment under Articles 7 and 17 of the 
  Charters. In its 2001 statement, the Committee notes that the Committee on the 
  Rights of the Child, monitoring States&#146; compliance with the United Nations 
  Convention on the Rights of the Child, consistently recommends that states 
  should prohibit all corporal punishment, including in the family, in line with 
  the Convention (see paragraph 20). The European Committee of Social Rights 
  also notes the 1998 landmark judgment of the European Court of Human Rights 
  which found that the beating of a young English boy by his stepfather amounted 
  to degrading punishment in breach of Article 3 of the European Convention on 
  Human Rights and Fundamental Freedoms. The Court unanimously found that the UK 
  Government was responsible because its domestic law, allowing &#147;reasonable 
  chastisement&#148;, failed to provide adequate protection (see paragraph 16).</span></p>
  <p align="justify"><span lang="EN-GB">12.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The European Committee of Social Rights also observes that corporal punishment 
  has been explicitly prohibited by law in several member states (see paragraph 
  25 below) and that recommendations of the Committee of Ministers have 
  condemned corporal punishment and other degrading treatment as a means of 
  &#147;education&#148; or discipline (see paragraph 23).</span></p>
  <p align="justify"><span lang="EN-GB">13.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Emphasising the inequality of legal protection available to children as 
  compared with adults in many countries, the Committee states: &#147;The Committee 
  does not find it acceptable that a society which prohibits any form of 
  physical violence between adults would accept that adults subject children to 
  physical violence. The Committee does not consider that there can be any 
  educational value in corporal punishment of children that cannot be otherwise 
  achieved.&#148; </span></p>
  <p align="justify"><span lang="EN-GB">14.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Moreover, in a field where the available statistics show a constant increase 
  in the number of cases of ill-treatment of children reported to the police and 
  prosecutors, it is evident that additional measures to come to terms with this 
  problem are necessary. To prohibit any form of corporal punishment of 
  children, is an important measure for the education of the population in this 
  respect in that it gives a clear message about what society considers to be 
  acceptable. It is a measure that avoids discussions and concerns as to where 
  the borderline would be between what might be acceptable corporal punishment 
  and what is not. </span></p>
  <p align="justify"><b><span lang="EN-GB">The Convention for the Protection of 
  Human Rights and Fundamental Freedoms</span></b></p>
  <p align="justify"><span lang="EN-GB">15.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Successive decisions of the European Commission on Human Rights and the 
  European Court of Human Rights have found that corporal punishment of children 
  breaches the Convention for the Protection of Human Rights and Fundamental 
  Freedoms: first in the 1970s as a sentence of the courts for juvenile 
  offenders; then in schools, including private schools; and most recently 
  within the family home.<a href="#_ftn11" name="_ftnref11" title>[11]</a> 
  Decisions and judgments have emphasised the state&#146;s duty to protect children 
  and their human rights wherever they are. Other decisions have confirmed that 
  banning all corporal punishment in the home is a legitimate interference and 
  does not breach parents&#146; or others&#146; rights to respect for family life or 
  religious freedom.</span></p>
  <p align="justify"><span lang="EN-GB">16.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In September 1998, the European Court unanimously found that corporal 
  punishment of a young English boy by his stepfather had breached article 3. 
  Prosecution of the stepfather in a UK court had failed on the grounds that the 
  punishment was &#147;reasonable chastisement&#148;. The Court found that the UK was 
  responsible because the domestic law allowing &#147;reasonable chastisement&#148; failed 
  to provide children with adequate protection, including &#147;effective 
  deterrence&#148;. The Court ordered the UK to pay �10,000 compensation to the boy, 
  who had been repeatedly hit with a garden cane. </span></p>
  <p align="justify"><span lang="EN-GB">17.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The judgment cites articles of the United Nations Convention on the Rights of 
  the Child, including article 19 which requires states to protect children from 
  &#147;all forms of physical or mental violence&#148; while in the care of parents and 
  others (see paragraph 19). </span></p>
  <p align="justify"><b><span lang="EN-GB">The United Nations Convention on the 
  Rights of the Child</span></b></p>
  <p align="justify"><span lang="EN-GB">18.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The United Nations Convention on the Rights of the Child (UNCRC) was adopted 
  by the UN General Assembly in 1989. By 2001 this Convention had been ratified 
  by 191 States &#150; including all member-states of the Council of Europe. It is 
  the most ratified international human rights treaty and this gives its 
  detailed principles and standards a particular authority in international law.
  </span></p>
  <p align="justify"><span lang="EN-GB">19.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The UNCRC is the first treaty to address directly protection of children from 
  violence. Article 19 of the Convention requires states to take &#147;all 
  appropriate legislative, administrative, social and educational measures to 
  protect the child from all forms of physical or mental violence, injury or 
  abuse, neglect or negligent treatment, maltreatment or exploitation including 
  sexual abuse, while in the care of parent(s) legal guardian(s) or any other 
  person who has the care of the child...&#148;.</span></p>
  <p align="justify"><span lang="EN-GB">20.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The Committee on the Rights of the Child is the monitoring body for the UNCRC 
  and started to examine reports from States Parties to the Convention in 1993. 
  From early on, it showed particular concern over persisting legal and social 
  acceptance of corporal punishment of children, in their homes, schools, other 
  institutions and penal systems.</span></p>
  <p align="justify"><span lang="EN-GB">21.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The Committee has consistently stated that corporal punishment of children, 
  within the family and in any other setting, is not compatible with the 
  Convention and has recommended prohibition of all corporal punishment and 
  education campaigns to encourage positive, non-violent child-rearing and 
  education to more than 130 States in all continents, including industrialised 
  and developing countries.<a href="#_ftn12" name="_ftnref12" title>[12]</a></span></p>
  <p align="justify"><b><span lang="EN-GB">The Council of Europe Committee of 
  Ministers recommendations condemning corporal punishment</span></b></p>
  <p align="justify"><span lang="EN-GB">22.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The Committee of Ministers first condemned corporal punishment of children in 
  a recommendation to member states on violence in the family adopted in 1985. 
  The recommendation notes in its preamble that &#147;the defence of the family 
  involves the protection of all its members against any form of violence, which 
  all too often occurs among them&#148;. Violence affects &#147;in particular children on 
  the one side and women on the other, though in differing ways&#148; and &#147;children 
  are entitled to special protection by society against any form of 
  discrimination or oppression and against any abuse of authority in the family 
  and other institutions&#148;. The recommendation proposes that member states should 
  &#147;review their legislation on the power to punish children in order to limit or 
  indeed prohibit corporal punishment, even if violation of such a prohibition 
  does not necessarily entail a criminal penalty&#148;. The explanatory memorandum to 
  the recommendation describes corporal punishment as &#147;an evil which must at 
  least be discouraged as a first step towards outright prohibition. It is the 
  very assumption that corporal punishment of children is legitimate that opens 
  the way to all kinds of excesses and makes the traces and symptoms of such 
  punishment acceptable to third parties.&#148;<a href="#_ftn13" name="_ftnref13" title>[13]</a>
  </span></p>
  <p align="justify"><span lang="EN-GB">23.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In a 1990 recommendation to member states on &#147;Social measures concerning 
  violence within the family&#148;, the Committee notes that &#147;trends towards the 
  democratisation of the family, implying respect for members of the family as 
  individuals with equal rights and equal opportunities, can help to discourage 
  violence&#148;. Under &#147;Measures for children&#148;, the recommendation states: &#147;The 
  general condemnation of corporal punishment and other forms of degrading 
  treatment as a means of education, and of the need for violence-free 
  education, should be emphasised.&#148;<a href="#_ftn14" name="_ftnref14" title>[14]</a>
  </span></p>
  <p align="justify"><span lang="EN-GB">24.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In 1993, in a recommendation on &#147;The medico-social aspects of child abuse&#148; the 
  Committee of Ministers, noting the United Nations Convention on the Rights of 
  the Child, urges member states &#147;to emphasise the rights of all children and 
  young people to freedom from abuse and the need to change patterns of 
  upbringing and behaviour which threaten this&#148; and &#147;to minimise levels of 
  violence within society and the resort to violence in child-rearing 
  practices&#148;.<a href="#_ftn15" name="_ftnref15" title>[15]</a></span></p>
  <p align="justify"><b><span lang="EN-GB">The progress of law reform 
  prohibiting all corporal punishment</span></b></p>
  <p align="justify"><span lang="EN-GB">25.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The human rights standards established by the Council of Europe mechanisms and 
  by the UN Convention on the Rights of the Child require abolition of all 
  corporal punishment and other degrading treatment or punishment. By March 
  2004, it appears that at least 12 member states have legislation which clearly 
  prohibits all corporal punishment of children, including in the family: <b>
  Austria</b> (1989), <b>Bulgaria</b> (2000), <b>Croatia</b> (1999), <b>Cyprus</b> 
  (1994), <b>Denmark</b> (1997), <b>Finland</b> (1983), <b>Germany</b> (2000),
  <b>Iceland</b> (2003), <b>Latvia</b> (1998), <b>Norway</b> (1987), <b>Sweden</b> 
  (1979), <b>Ukraine</b> (2002). In at least another nine states, the penal law 
  prohibits assault and there is no defence in legislation for assaulting 
  children in the name of discipline &#150; but in practice the law is not 
  interpreted as prohibiting all parental corporal punishment. </span></p>
  <p align="justify"><span lang="EN-GB">26.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  These are the essential legal steps for prohibiting all corporal punishment:</span></p>
  <blockquote>
    <p align="justify"><span lang="EN-GB">a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    Ensuring there are no existing defences, in statute or common law, that 
    justify corporal punishment by parents or others;</span></p>
    <p align="justify"><span lang="EN-GB">b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    Ensuring that the criminal law on assault applies equally to punitive 
    assaults on children;</span></p>
    <p align="justify"><span lang="EN-GB">c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    Enacting an explicit prohibition of all corporal punishment and of all other 
    degrading or humiliating treatment or punishment of children, normally in 
    civil law;</span></p>
    <p align="justify"><span lang="EN-GB">d.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
    Providing guidance on appropriate enforcement of these laws which focuses on 
    protection and promotion of the human rights of children in general and on 
    the best interests of affected children in particular. </span></p>
  </blockquote>
  <p align="justify"><span lang="EN-GB">27.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Corporal punishment in schools and in penal systems for young offenders has 
  been prohibited throughout Europe, although enforcement is not uniformly 
  effective. Many states have also prohibited corporal punishment in residential 
  institutions. All states have legislation prohibiting severe assaults by 
  parents and other carers, but in many there are defences for parents who use 
  less severe forms of corporal punishment, and where parental corporal 
  punishment remains lawful, this will extend to foster-carers and some other 
  informal carers, unless there is legislation explicitly prohibiting it.</span></p>
  <p align="justify"><b><span lang="EN-GB">The process of eliminating corporal 
  punishment</span></b></p>
  <p align="justify"><span lang="EN-GB">28.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  The process of law reform to end parental corporal punishment in Europe 
  started almost 50 years ago in 1957 in Sweden, when the criminal law provision 
  excusing parents who caused minor injuries through physical punishment was 
  removed. In 1966 Sweden removed a provision allowing &#147;reprimands&#148; from its 
  parenthood code. Sweden went on to become the first country in the world to 
  explicitly prohibit all corporal punishment in its family law in 1979, when a 
  provision was added to the Parenthood and Guardianship Code which now reads:
  <i>&#147;</i>Children are entitled to care, security and a good upbringing. 
  Children are to be treated with respect for their person and individuality and 
  may not be subjected to corporal punishment or any other humiliating 
  treatment&#148;.</span></p>
  <p align="justify"><span lang="EN-GB">29.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  Explicit law reform prohibiting all corporal punishment and other degrading 
  punishment or treatment sends a vital message to children, parents and the 
  public. The purpose of this law is primarily educational: to send a clear 
  message that hitting children is as unacceptable and unlawful as hitting 
  adults. Prosecuting parent is very seldom in the interests of their children 
  and there is no likelihood of prosecutions of parents for minor assaults, any 
  more than there is between adults. On the other hand, removing any existing 
  defences or justifications for instance will make prosecution easier in those 
  few cases in which it is necessary to protect children.</span></p>
  <p align="justify"><span lang="EN-GB">30.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  There is ample evidence now from some member states that it is possible to 
  change attitudes and practice within families and to very substantially reduce 
  violence against children within the family if law reform is linked to 
  sustained awareness-raising and public education.<a href="#_ftn16" name="_ftnref16" title>[16]</a>
  </span></p>
  <p align="justify"><span lang="EN-GB">31.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  First, the law needs to be well-publicised and clearly and positively 
  interpreted by politicians, community leaders and the judiciary as prohibiting 
  all corporal punishment and other degrading punishment or treatment of 
  children. There needs to be ongoing awareness-raising of children&#146;s rights to 
  protection and public and parent education to promote positive, non-violent 
  forms of child-rearing and discipline. The United Nations Convention on the 
  Rights of the Child requires states which have ratified it (all member states 
  of the Council of Europe) to &#147;make the principles and provisions of the 
  Convention widely known, by appropriate and active means, to adults and 
  children alike&#148; (article 42). </span></p>
  <p align="justify"><span lang="EN-GB">32.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  In all states there are health and welfare programmes which target future and 
  new parents. Promotion of understanding of the law and children&#146;s rights to 
  protection can be built into these, together with information on child 
  development and the dangers of corporal punishment. Those working with young 
  children in day care can practice and promote positive discipline. In various 
  member states, non-governmental organisations have developed public education 
  campaigns against corporal punishment which governments can learn from, 
  support and extend. The media can play a crucial role in supporting 
  awareness-raising and public education, through news items, documentaries, 
  educational programmes and specialist parenting magazines.</span></p>
  <p align="justify"><span lang="EN-GB">33.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 
  These are some of the key educational components in working to eliminate 
  corporal punishment:</span></p>
  <ul>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring comprehensive 
    awareness-raising of the prohibition of all corporal punishment and other 
    inhuman or degrading treatment of children among children and all who live 
    and work with them and among the general public;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring comprehensive 
    awareness-raising of children&#146;s human rights, including the right to respect 
    for their human dignity and physical integrity;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Promoting positive, non-violent forms 
    of child-rearing, conflict resolution and education to future parents, 
    parents and other carers and to the general public;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring that children and young 
    people have the opportunity to express their views and participate in 
    planning and in actions to eliminate corporal punishment;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring that advice and appropriate 
    support is available for all parents and in particular for those who are 
    finding child-rearing stressful;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring that children have access to 
    confidential advice and counselling as well as advocacy to challenge 
    violence against them;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring effective and appropriate 
    forms of protection for children who may be particularly vulnerable to 
    harmful and humiliating punishment &#150; for example disabled children and 
    children in institutions and in prison;</span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Ensuring that corporal punishment and 
    all other harmful and humiliating forms of discipline of children come 
    within the definition of domestic or family violence and that strategies to 
    eliminate punitive violence against children are built into strategies 
    challenging domestic or family violence; </span></li>
    <li>
    <p align="justify"><span lang="EN-GB">Monitoring the effectiveness of 
    abolition by regular research into children&#146;s experience of violence in 
    their homes, schools and other activities, and of child protection services 
    and of parents&#146; experience of and attitudes to violence against children.</span></li>
  </ul>
  <hr color="#000000" size="1" width="50%">
  <p align="justify"><i>Reporting committee:</i> Social, Health and Family 
  Affairs Committee</p>
  <p align="justify"><i>Reference to committee:</i>
  <a href="../doc03/EDOC9716.htm">Doc. 9716</a>, Ref No. 2816 of 31 March 2003</p>
  <p align="justify"><i>Draft recommendation </i>unanimously adopted on 1<sup>st</sup> 
  June 2004</p>
  <p align="justify">Members of the committee: <b>MM. Glesener</b>(Chair), 
  Surjan (1st Vice-Chair), <b>Mrs McCafferty </b>(2nd Vice-Chair<i>), </i><b>Mr 
  Ma&#154;t�lka</b> (3rd Vice-Chair), Mrs Ahlqvist, MM. Arnau, Arzilli, <b><i>Mrs 
  Azevedo</i>, <i>Mrs Bargholtz</i></b>, Mrs Belohorsk�, MM. Berzin&#154;, Bojovic, 
  Mrs Bolognesi, MM. Braghis, Brunhart, Buzatu (alternate :<b>Ionescu</b>), 
  Y�ksel �avusoglu, Chernyshenko, Christodoulides, Mrs Cliveti, MM. Colombier, 
  Cox (alternate : <b>Mr Vis</b>), Daban Alsina, Mrs D&#146;Amato (alternate : <b>Mr 
  Falzon</b>), MM. <b>Dees</b>, Donabauer, Dragassakis, <b>Evin, Flynn</b>, 
  Geveaux, Giertych, Glukhovskiy, Gregory (alternate : <b>Mrs Ormonde</b>), MM.
  <b>G�l�i�ek</b>, Irfan G�nd�z, Gusenbauer, Hegyi, Herrera, Hladiy, H�ie, <b>
  Mrs Hurskainen</b>, MM. <b>Jacquat,</b> Klympush, Baroness Knight of 
  Collingtree (alternate : <b>Mr Hancock</b>), MM. Kocharyan, Letica, Mrs Lotz, 
  MM. Makhachev, <b>Markowski</b>, Mrs Milicevic, Mrs Milotinova, MM. Mladenov, 
  Monfils, <b>Mrs Oskina</b>, MM. Ouzk�, Padilla, Padobnik, <b>Popa</b>, Poty, 
  Poulsen, Provera (alternate : <b>Tirelli</b>), Pysarenko, Mrs 
  Radulovic-&#138;cepanovic, MM. Rauber, Riester, <b>Rigoni</b>, Rizzi, Mrs Roseira, 
  Mrs Saks, MM. Schmied (alternate : <b>Dupraz</b>), Seyidov, Mrs 
  Shakhtakhtinskaya, MM. Skarph�dinsson, Stathakis, Sysas, Mrs Tevdoradze, Mrs 
  Topalli, Mrs Vermot-Mangold, Mrs Wegener, MM Van Winsen, Zernovski, ZZ&#133;</p>
  <p align="justify"><i>NB: The names of those members present at the meeting 
  appear in bold.</i></p>
  <p align="justify"><i>Secretariat of the Committee:</i> Mr Mezei, Ms Nollinger 
  Ms Meunier, Ms Karanjac, Mr Chahbazian</p>
  <hr color="#000000" size="1">
  <p align="justify"><a href="#_ftnref1" name="_ftn1" title><span lang="EN-GB">
  [1]</span></a> The Rapporteur is most grateful to Mr Peter Newell, Joint 
  Co-ordinator for the Global Initiative to End All Corporal Punishment of 
  Children, for having helped to draft this explanatory memorandum.</p>
  <p align="justify"><a href="#_ftnref2" name="_ftn2" title><span lang="FR">[2]</span></a><span lang="FR"> 
  See, for example, discussion on husbands&#146; rights to beat their wives &#147;not in 
  violent or cruel manner&#148;, in Blackstone&#146;s Commentaries, page 445.</span></p>
  <p align="justify"><span lang="EN-GB"><a href="#_ftnref3" name="_ftn3" title>
  [3]</a> </span>Pecnik, N. (2003), &#147;Intergenerational transmission of child 
  abuse&#148; (in Croatian) (Slap: Jastrebarsko).</p>
  <p align="justify"><a href="#_ftnref4" name="_ftn4" title><span lang="EN-GB">
  [4]</span></a> Agathonos-Georgopoulou, H. (1997), &#145;Child Maltreatment in 
  Greece: A Review of Research&#146;, &#147;Child Abuse Review&#148;, vol.6, pp.257-271.</p>
  <p align="justify"><a href="#_ftnref5" name="_ftn5" title><span lang="EN-GB">
  [5]</span></a> Fluderska, G. et al (2001), &#147;The Problem of Child Abuse in 
  Poland: Attitudes and Experiences&#148; (Warsaw: Nobody&#146;s Children Foundation).</p>
  <p align="justify"><a href="#_ftnref6" name="_ftn6" title><span lang="EN-GB">
  [6]</span></a> Alexandrescu, G. et al. (2000), &#147;Child abuse and neglect &#147;(Save 
  the Children Romania).</p>
  <p align="justify"><a href="#_ftnref7" name="_ftn7" title><span lang="EN-GB">
  [7]</span></a> Romanian Government, Save the Children &amp; UNICEF (2000), 
  &#147;National Study on sexual abuse of children&#148; (Save the ChildrenRomania).</p>
  <p align="justify"><a href="#_ftnref8" name="_ftn8" title><span lang="EN-GB">
  [8]</span></a> The prevalence of violence in Slovakia, Bratislava, in progress.</p>
  <p align="justify"><a href="#_ftnref9" name="_ftn9" title><span lang="EN-GB">
  [9]</span></a> Gavin Nobes and others, &#147;Physical punishment of children in 
  two-parent families&#148;, <i>Clinical Child Psychology and Psychiatry</i>, Vol. 
  2(2), 1997, pp. 271 &#150; 281; also summary presented as a poster by Dr Marjorie 
  Smith at the Fifth European Conference on Child Abuse and Neglect 
  (International Society for the Prevention of Child Abuse and Neglect), Oslo, 
  May 1995.</p>
  <p align="justify"><a href="#_ftnref10" name="_ftn10" title>
  <span lang="EN-GB">[10]</span></a> European Committee of Social Rights, 
  General observations regarding articles 7 paragraph 10 and 17, <i>Conclusions 
  XV-2</i>, Vol. 1, General Introduction, p. 26.</p>
  <p align="justify"><a href="#_ftnref11" name="_ftn11" title>
  <span lang="EN-GB">[11]</span></a> European Court of Human Rights, Tyrer v. UK, 
  1978; Campbell and Cosans v. UK, 1982; Costello-Roberts v. UK, 1993; A v. UK<i>,
  </i>1998. All judgments of the Court are available at
  <a href="http://hudoc.echr.coe.int/hudoc/">http://hudoc.echr.coe.int/hudoc/</a>
  </p>
  <p align="justify"><a href="#_ftnref12" name="_ftn12" title>
  <span lang="EN-GB">[12]</span></a> Committee on the Rights of the Child&nbsp;: 
  documents of the Committee including its concluding observations on States 
  Parties&#146; reports under the Convention on the Rights of the Child, are 
  available at <span lang="EN-GB">
  <a href="http://www.unhchr.ch/html/menu2/6/crc/"><span lang="EN-US">
  http://www.unhchr.ch/html/menu2/6/crc/</span></a></span>. The website of the 
  Global Initiative to End All Corporal Punishment of Children includes the text 
  of all the Committee&#146;s recommendations relating to corporal punishment, 
  analysed by session and by state&nbsp;: <span lang="EN-GB">
  <a href="http://www.endcorporalpunishment.org/"><span lang="EN-US">
  www.endcorporalpunishment.org</span></a></span></p>
  <p align="justify"><a href="#_ftnref13" name="_ftn13" title>
  <span lang="EN-GB">[13]</span></a> Council of Europe Committee of Ministers, 
  Recommendation on &#147;Violence in the family&#148;: Recommendation No. R (85) 4&nbsp;; all 
  recommendations are available at <span lang="EN-GB">
  <a href="http://www.coe.int/t/E/Committee_of_Ministers/Home/Documents/">
  <span lang="EN-US">
  http://www.coe.int/t/E/Committee_of_Ministers/Home/Documents/</span></a></span></p>
  <p align="justify"><a href="#_ftnref14" name="_ftn14" title>
  <span lang="EN-GB">[14]</span></a> Council of Europe Committee of Ministers, 
  Recommendation on &#147;Social measures concerning violence within the family&#148;&nbsp;: 
  Recommendation No. R (90) 2.</p>
  <p align="justify"><a href="#_ftnref15" name="_ftn15" title>
  <span lang="EN-GB">[15]</span></a> Council of Europe Committee of Ministers, 
  Recommendation on &#147;The medico-social aspects of child abuse&#148;&nbsp;: Recommendation 
  No. R (93) 2.</p>
  <p align="justify"><a href="#_ftnref16" name="_ftn16" title>
  <span lang="EN-GB">[16]</span></a> The effects of reforms in Sweden have been 
  particularly well-documented. See &#147;Ending CorporalPunishment: Swedish 
  experience of efforts to prevent all forms of violence against children &#150; and 
  the results&#148;, Ministry of Health and Social Affairs and Ministry of Foreign 
  Affairs, Sweden, 2001; Joan E Durrant, &#147;A Generation Without Smacking: The 
  impact of Sweden&#146;s ban on physical punishment&#148;, Save the Children UK, 2000. 
  Also in Germany when explicit prohibition was implemented in 2000, there is 
  research showing significant changes in awareness and attitudes over a short 
  period : Professor Kai D. Bussmann.</p>
  <p align="justify">&nbsp;</p>
  </font>
  </font></font>
  
  </blockquote>
  </body>
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