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Doc. 10507
22 April 2005
Europe-wide ban on corporal punishment of children
Recommendation 1666 (2004)
Reply from the Committee of Ministers
adopted at the 924th meeting of the Ministers’ Deputies (20 April 2005)
1. The Committee of Ministers takes note of Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children, which it has studied with interest and transmitted to the member states’ governments. The European Committee for Social Cohesion (CDCS) and the Steering Committee for Education (CD-ED) have submitted opinions on the Recommendation, which are contained in Appendices I and II to this reply.
2. The Committee of Ministers wishes to underline the importance it attaches to this issue and its commitment to protect children, a group in need of special protection in society, from all forms of violence. It recalls its Recommendations Nos. R (85) 4 on violence in the family, R (90) 2 on social measures concerning violence within the family, and R (93) 2 on the medico-social aspects of child abuse, which emphasise the general condemnation of corporal punishment and other forms of degrading treatment as a means of education.1
3. The present Polish Chairmanship of the Committee of Ministers has reflected these concerns in its Programme, recognising that much remains to be done in the sphere of children’s rights and stating that Poland will contribute to a discussion on ways of ensuring the protection of children against all forms of violence.
4. The Committee of Ministers observes that in the Council of Europe member states taken as a whole, the population below the age of eighteen is around 155 million individuals. The United Nations Convention on the Rights of the Child has been ratified by all member states and they are all expected to develop national action plans to ensure its full implementation. The Committee of Ministers considers that the complexity of the issues at stake calls for a comprehensive strategy to coordinate the efforts of all key actors and to mobilise resources.
5. The Committee of Ministers shares the view of the Parliamentary Assembly as to the need to begin, in all member states, a coordinated and concerted campaign for the abolition of all violence against children. For this reason it has recently approved a transversal three year programme of action on "Children and violence" that will pursue three objectives, which are to (1) assist member states in implementing international standards at national and local levels, in particular the United Nations Convention on the Rights of the Child, the European Social Charter and the European Convention on the Exercise of Children's Rights; (2) by 2007, to propose a coherent and comprehensive set of instruments and methodological guidelines covering all aspects of the question as well as to (3) improve the visibility and the impact of Council of Europe's work in the field. As rightly underlined by the Assembly, both the United Nations Convention and the European Social Charter, aim to protect children against all forms of violence.
6. The above-mentioned programme will focus on three priority fields, which are: (1) the identification of strategies and measures aiming at the integration of the “Children and violence” dimension in the policies related to social exclusion, children in institutional care, education and media, abandoned, displaced and stateless children, family, in particular effective parenting and urban life and intercommunity relations; (2) promotion of children's rights in general, notably within education systems, youth movements, social work and judicial proceedings and (3) effective legal protection of children against all forms of violence. The programme will thus, as recommended by the Assembly, heighten the awareness of children, those who live and work with them and the general public inter alia on the need to protect children from all forms of violence. It will also ensure general awareness of children’s fundamental rights, in particular their right to human dignity and physical integrity (paragraph 8 (i-ii, vii-viii)).
7. The three-year Integrated Project on "Responses to Violence in Everyday Life in a Democratic Society", that was concluded at the end of 2004, resulted in twelve general principles for use in formulating national policies on preventing violence in everyday life. These principles constitute guidelines that will be taken as background orientations within the programme on “Children and violence”.
8. The Committee of Ministers is pleased to be able to inform the Assembly that the programme will be implemented in coordination with external partners, international governmental and non governmental organisations, and that particular attention will be paid to the need to involve children. It agrees with the Assembly that children and young people should be given the opportunity to express their views and be involved in planning and implementing activities to eradicate violence against children also at the national level (paragraph 8 (iv)).
9. The need to encourage positive, non-violent forms of child-rearing and conflict resolution referred to by the Assembly, cannot be underestimated, nor can the importance of offering advice and support to parents experiencing difficulties with child-rearing (paragraph 8 (iii and v)). The Committee of Ministers has previously noted that children's rights are mostly infringed by persons who are supposed to be caring for them and who hold authority over them. It therefore welcomes the recommendations made by the Parliamentary Assembly in this respect.
10. As the European Committee for Social Cohesion (CDCS) points out in its opinion, it will take account of the Assembly’s concerns in its activities in this field. A report prepared within the Forum for Children and Families on: “Protecting children against corporal punishment – awareness-raising campaigns”, has just been issued, and another report on “Eliminating Corporal Punishment: a human rights imperative for Europe’s children” is to be issued soon. At the end of 2004, it launched a new project that is directly related to the issue in question, namely “Supporting parenting in the best interests of the child”. Within this framework the possibility of drawing up guidelines for peaceful parenting without the use of physical force, will be considered. A working party on parental skills, especially for preventing and combating violence affecting children, was set up in January 2005 inter alia for this purpose.
11. It should also be recalled that in the framework of the 2005 European Year of Citizenship through Education, specific attention is being given to the promotion of the Charter for democratic schools without violence of the Council of Europe, which is a tool that children can use themselves for asserting their rights in a very practical way.
12. Like the Parliamentary Assembly, the Committee of Ministers considers that it is of crucial importance that children who have been exposed to violence be offered confidential advice, counselling and legal representation so that they can respond to violence against them (paragraph 8 (iv)). It has recently approved specific terms of reference for a Group of Specialists on Assistance to Victims and Prevention of Victimisation (PC-S-AV), which will update Recommendation No. R (87) 21 on assistance to victims and the prevention of victimisation. It has already asked the Group of Specialists to consider inter alia the problem of repeat victimisation, especially in connection with domestic violence, trafficking and property offences. It will instruct the Group to consider the particular situation of children that are victims of violence.
13. The Committee of Ministers underlines the important role that non-governmental institutions can play particularly in providing confidential advice and counselling. The question of legal representation is usually brought up after the child has received advice and counselling, if a criminal procedure is starting. The Committee of Ministers agrees with the Assembly that it is important that legal aid and advice is free of charge for the child. In this respect it refers to the European Convention on the Exercise of Children's Rights (CETS No. 160).
14. With respect to the Assembly’s invitation to the Committee of Ministers to recommend that member states enact appropriate legislation prohibiting corporal punishment of children, particularly within the family (paragraph 9 (i)), it recalls that Article 17 of the European Social Charter, according to the European Committee of Social Rights, requires a prohibition in legislation against any forms of violence against children.2 The Committee of Ministers also wishes to underline the importance of appropriate legislation in this field in accordance with international standards, although the ban on violence against children, may well be included in the general criminal provisions covering assault and battery. It again wishes to stress the importance of information campaigns raising awareness about children’s rights in this respect.
15. The Committee of Ministers supports the Assembly in its call for member states to conduct regular research into children’s experience of violence at home, in school and elsewhere, the effectiveness of child protection services and parents’ experience of and attitudes to violence against children (paragraph 9 (ii)).
16. As regards its role in supervising the implementation of the judgments of the European Court of Human Rights and the conclusions and decisions of the European Committee of Social Rights, the Committee of Ministers stresses that it considers this to be one of its most important tasks to which it pays the utmost attention (paragraph 9 (iii)).
17 Finally, the Committee of Ministers wishes to inform the Parliamentary Assembly that it recently held an exchange of views with Professor Pinheiro, Independent expert appointed by the United Nations Secretary General to lead the United Nations Secretary General's Study on Violence against Children. He has been entrusted with the task of providing ”an in-depth global picture of violence against children and propose clear recommendations for the implementation and improvement of legislation, policy and programmes relating to the prevention of and responses to violence against children.” The Council of Europe has been invited by UNICEF to collaborate for the organisation of the regional consultation for Europe and Central Asia and the Government of Slovenia has agreed to host the consultation, which will take place in Ljubljana on 5-7 July 2005. The Council of Europe will therefore play a key role in the organisation of the regional consultation and will have an important impact on the United Nations Study.
Appendix I to the reply
Opinion of the European Committee for Social Cohesion (CDCS) on Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children
(Adopted at the CDCS’s 13th meeting, 2-3 November 2004)
1. The European Committee for Social Cohesion (CDCS) has closely examined Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children. Through its Strategy for Social Cohesion, in particular the revised version of March 2004, the Committee continues to assert its commitment to protecting children and ensuring that all children develop to their full potential.
2. Its subordinate committee, the Forum for Children and Families, held a symposium in November 2002, with contributions from children, on the corporal punishment that all too many children suffer throughout Europe. The issue of corporal punishment remains sensitive and divides not only teachers, guardians and parents, but also lawmakers. This is precisely the point that the Assembly brings to the Committee of Ministers’ attention.
3. Within its field of responsibility, the European Committee for Social Cohesion regards children as fully fledged human beings with individual rights enshrined in numerous international and national texts. The CDCS refers in particular to the European Social Charter and the Revised Social Charter, essential instruments in the field of social rights, from which ensues the obligation to protect children against ill-treatment, including corporal punishment. It hopes that Contracting Parties will fully observe their commitments in this respect.
4. The Committee supports the idea of children enjoying equal protection before the law. While therefore recognising the human rights dimension of the issue, the CDCS wishes to underline that the image of children and their status are constantly evolving in all areas of life and that, since the adoption of the United Nations Convention on the Rights of the Child in particular, the overall trend has been towards greater respect, protection and attention for children.
5. The CDCS understands that the Assembly Recommendation is motivated by internationally recognised concerns about the defence of children’s fundamental rights. In the private sphere of bringing up children, however, it believes that the Council of Europe’s role should primarily be to help raise awareness of the issue and draw up recommendations and guidelines on positive forms of child rearing.
6. Having opted for this approach, the CDCS makes sure that the texts drawn up under its auspices include the recommendation that children’s human dignity should be respected and they should be brought up without the use of corporal punishment. The CDCS is also intending shortly to publish two relevant reports prepared within the Forum for Children and Families following its debate of November 2002: one on awareness-raising campaigns, “Protecting children against corporal punishment – awareness-raising campaigns”, and the other on progress towards the abolition of corporal punishment in Europe, “Eliminating Corporal Punishment: a human rights imperative for Europe’s children”.
7. In addition, the CDCS will be launching a new project by the end of 2004 that is directly related to the issue in question, namely “Supporting parenting in the best interests of the child”. If the Committee of Experts on Children and Families (CS-EF) deems this to be a priority, it will be possible under the project to draw up guidelines for peaceful parenting without the use of physical force.
8. The CDCS therefore welcomes the recommendations made by the Parliamentary Assembly in paragraph 8 of Recommendation 1666 (2004). It believes that the issues of bringing up children are crucially important and should occupy a key place in the inter-sectoral project on “Children and violence” beginning in 2005. The CDCS will make sure that the activities in its field take account of the Assembly’s concerns.
Appendix II to the reply
Opinion of the Steering Committee for Education on Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children
The Steering Committee for Education:
1. Having taken note with great interest of Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children;
2. Considers the subject of the Recommendation to be highly relevant, particularly paragraphs 1 to 6;
3. Welcomes Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children, which fits in with the general philosophy of the work of the Steering Committee for Education;
4. Subscribes, where all the recitals are concerned, to this Recommendation and points out that it is in conformity with the national legislation in force in a number of member states;
5. Shares the view of the Parliamentary Assembly as to the need to begin, in all member states, a coordinated and concerted campaign for the abolition of all corporal punishment inflicted on children;
6. Nevertheless draws attention to the importance of a precise definition of the "corporal punishment" covered by the Recommendation, in order to avoid abuses thereof;
7. Would like it to be made clear to which category of penalty (administrative, criminal, etc) any teaching staff making use of such corporal punishment would be liable;
8. In respect, more particularly, of paragraph 4:
8.1 notes that the concern of the Parliamentary Assembly is akin to that expressed in the provisions of Article 3 of the United Nations Convention on the Rights of the Child;
8.2 nevertheless notes with regret that this Convention is not always applied;
9. Welcomes the idea of beginning a coordinated and concerted campaign in all member states to achieve the final abolition of corporal punishment of children;
10. Would like such information campaigns to be run in schools, educational associations and the NGOs which work in the education sector;
11. Calls for greater participation and involvement of parents in every stage of the process intended to eradicate such corporal punishment from schools.
1 Appendix, point 14.
2 Conclusions XV-2, Vol. 1, p. 29.