Corporal punishment
The Council of Europe calls for a legal prohibition of corporal punishment of children in law and in practice. Corporal punishment conveys the wrong message to children and can cause serious physical and psychological harm to a child. Corporal punishment if directed at an adult would constitute criminal assault. One of the most basic human rights principles is the right to live free from the threat of violence. Article 19 of the United Nations Convention on the Rights of the Child (UNCRC) guarantees this right to every child and obliges States Parties to take appropriate measures to protect the child from all forms of violence.
The Committee on the Rights of the Child, the monitoring body of the UNCRC, has emphasised that effective protection of human rights require the elimination of all corporal punishment and all cruel or degrading treatment of children.
The Council of Europe’s Parliamentary Assembly, which brings together representatives from all 46 member states’ parliaments, has adopted a Recommendation calling for Europe to become a “corporal punishment-free zone”. The social and legal acceptance of corporal punishment of children must come to an end. The campaign "Raise your hand against smacking“ provides member states with awareness raising material to promote the abolition of corporal punishment and encourage positive, non-violent parenting.
Member states who have abolished corporal punishment are encouraged to share with the Council of Europe good practices they have developed to promote non-violent parenting. This can be audio-visual and campaign materials, publications, training materials and other useful tools.
Ensuring Full Prohibition
Eliminating all corporal punishment of children requires a combination of explicit law reform, protection and prevention policies, and other, primarily educational, measures to move societies on from accepting violent and humiliating punishment.
Effective prohibition of corporal punishment of children means that it is explicitly prohibited in laws affecting children’s protection. Laws are needed to prohibit corporal punishment in all settings – in the home, in schools, in penal systems and alternative care settings. Without law reform, the idea will persist that breaching a child’s human dignity and physical integrity is acceptable.
Prohibition in law is essential but alone it is not enough to guarantee children’s human rights. Professionals working with children, parents, children themselves and the public at large need to be informed of the law and of children’s right to protection. Governments should therefore provide a range of policy measures to support the law’s implementation. The laws need also to be accompanied with extensive awareness raising actions which will challenge existing social acceptance of adults hitting children and inflicting other humiliation treatment on them as “reasonable punishment and correction of children”. Striking a human being is prohibited in European societies and children are human beings.
State services to combat domestic violence must broaden to include combating corporal punishment. This entails educating parents, child service providers, teachers, social workers and protection agencies about the negative effects and unlawfulness of corporal punishment. It also entails providing support interventions to parents and educating about alternatives to using corporal punishment in child rearing, alternatives such as positive and non-violent parenting.
Much progress has been achieved in recent years. A majority of the Council of Europe member states have now committed themselves to put an end to all corporal punishment of children. The aim of bringing about a continent wide ban on corporal punishment of children has not yet been reached, however.
Off the books! Guidance for Europe's parliaments on law reform to eliminate corporal punishment of children: English - French - Macedonian
Judgments and Decisions
European Court of Human Rights
The European Court of Human Rights first challenged corporal punishment of children in 1978. In Tyrer v. UK the Court held that the judicial birching of a 15 year-old boy breached his right to protection from degrading punishment. In the following two decades the Court condemned school corporal punishment, first in state schools in decision Campbell and Cosans v UK (view a documentary on the subject) and later in private schools in its judgment Costello-Roberts v. UK .
The first case on corporal punishment in the home came before the Court in 1998, in A v. UK. It was brought against the UK by a young boy who had been beaten by his stepfather with a cane. The father had been acquitted due to the common law defence of “reasonable chastisement”. The European Court of Human Rights found that the UK had violated Article 3 of the Convention by failing to protect the child’s right to protection from degrading punishment. The UK law allowing for “reasonable chastisement” was deemed to be in contravention to the protection of the rights and freedoms guaranteed in the Convention.
The European Committee of Social Rights (ECSR)
The European Committee of Social Rights (ECSR), which monitors the European Social Charter, has stated that corporal punishment is not in accordance with human rights standards as defined by the Social Charter. Article 17 of the European Social Charter requires states to protect children from all forms of ill-treatment. The European Committee of Social Rights has interpreted this article as requiring a prohibition in legislation against any form of violence against children, including corporal punishment in all settings (home, schools and institutions).
The Committee in its latest decision on the matter, Association for the Protection of All Children (APPROACH) v. France, took note of the wide consensus at both the European and international level that corporal punishment of children should be expressly prohibited in law. In doing so it decided that French law was in contravention of Article 17 of the Social Charter by not providing for a sufficiently clear, binding and precise prohibition of corporal punishment.
In the following decisions, brought under the Additional Protocol to the Social Charter by the World Organisation against Torture, the Social Charter found a violation of Article 17 for lack of adequate provisions in legislation prohibiting corporal punishment.
Council of Europe legal standards
The Committee of Ministers
The Committee of Ministers of the Council of Europe first condemned corporal punishment of children in 1985 through the adoption of the Recommendation No. R (85) 4 on violence in the family which urges member states to review their legislation on the power to punish children in order to limit and ultimately prohibit corporal punishment. Since then, a number of Recommendations have been adopted by the Committee of Ministers with the aim of achieving a legal framework Europe wide to protect children from corporal punishment.
The Council of Europe recommendation on policies to promote positive parenting, calls on member states to recognise the importance of providing parents with sufficient support in bringing up their children. States need to create the necessary conditions for good parenting by implementing policies that engender support for parenting and remove any barriers that may impede positive parenting efforts. Public authorities should create structures and services that enable parents to learn and practice good parenting skills.
The Parliamentary Assembly
Parliaments across Europe have a crucial role to play in ridding states of corporal punishment of children. To support the protection of children from corporal punishment and the promotion of prohibition and elimination of it throughout Europe, the The Parliamentary Assembly of the Council of Europe adopted a resolution in 2004 calling for a “Europe-wide ban on corporal punishment”.
In this Recommendation the Assembly proclaims its support to the Global Initiative to End all Corporal Punishment of children by expressing that it considers that corporal punishment of children is in breach of their fundamental right to human dignity and physical integrity.
Progress across Europe
34 of the 46 Council of Europe member states have now achieved full prohibition of corporal punishment in all settings, including the home.
The Global Initiative to End All Corporal Punishment of Children has partnered with the Council of Europe to monitor progress towards a full prohibition of corporal punishment across Europe.
View a documentary on the impact of the Campbell and Cosans v UK case.
Campaign material
“Raise your hand against smacking!” is a Council of Europe campaign against corporal punishment of children. The Council of Europe is challenging corporal punishment by campaigning for its total abolition and by promoting positive, non-violent parenting in its 46 member states. The aim is to bring about a continent-wide ban on corporal punishment against children.
The Council of Europe believes that through active promotion of positive parenting and awareness-raising it is possible to abolish corporal punishment. The campaign materials shed light on the issue of corporal punishment by defining it and debunk myths that sustain the existence and "legitimacy" of violent discipline. The pack promotes three approaches needed to successfully challenge corporal punishment – awareness raising, legal reform and policy reform – and educates parents about positive parenting.
34 member states have abolished corporal punishment all together and many more are committed to follow. Many well-known persons, including heads of state and artists, have lent their names to support the campaign. The Council of Europe hopes you will join us in spreading the message and show your support online.
Abolishing corporal punishment of children – Questions and answers
English - Armenian - Croatian - Estonian - French - Greek - Italian - Lithuanian - Macedonian - Polish - Portuguese - Romanian - Russian - Serbian - Slovakian - Slovenian - Spanish - Turkish
Abolishing corporal punishment of children – Key points
English - French - Hungarian - Polish (stickers in Polish) - Serbian - Slovenian
Off the books! Guidance for Europe's parliaments on law reform to eliminate corporal punishment of children
English - French - Macedonian
Information leaflet on positive parenting: English - French - German - Portuguese
Bilingual (English-French) campaign posters by Saatchi & Saatchi-London: poster 1 - poster 2 - poster 3
"Raise your hand against smacking!" TV spot
Three campaign posters "Your hands should nourish not punish" : poster 1 - poster 2 - poster 3
Positive parenting
Positive parenting is a form of parenting which supposes respect for children‘s rights and is based on the best interests of the child. It provides nurturing, empowerment, recognition and guidance, and involves setting boundaries to enable the full development of the child. Positive parenting supposes respect for children's rights and a non-violent environment where parents do not use corporal or psychologically demeaning punishment to resolve conflict or teach discipline and respect. True discipline cannot be taught with violence.
Positive parenting is:
Nurture
Structure and guidance
Recognition
Empowerment
A non-violent upbringing
The Council of Europe recommendation on policies to promote positive parenting, calls on member states to recognise the importance of providing parents with sufficient support in bringing up their children. States need to create the necessary conditions for good parenting by implementing policies that engender support for parenting and remove any barriers that may impede positive parenting efforts. Public authorities should create structures and services that enable parents to learn and practice good parenting skills.
The Council of Europe in cooperation with the European Commission has created a repository of educational and awareness raising tools promoting non-violent parenting which brings together a variety of good practices from member states.
Council of Europe resources
Parenting in the digital age - positive parenting strategies for different scenarios (2020)
Parenting in the digital age - Parental guidance for the online protection of children from sexual exploitation and sexual abuse (2017) accompanied by a set of video tutorials providing information and advice in order to better understand the risks incurred by children, on the following themes:
- Online protection of children
- Online sexual exploitation of children (sextortion)
- Self-generated sexually explicit images and materials involving children (Sexting)
- Sex-chatting
- Grooming
- Sexualised images used in revenge (Revenge porn)
Position Paper by the Council of Europe Commissioner for Human Rights (2010)
The Council of Europe Commissioner for Human Rights called for a prohibition of corporal punishment stating that such a legal prohibition would send a clear signal that any kind of violence against children is unacceptable.
Memorandum by Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe (2008)
The Council of Europe Commissioner for Human Rights visited the United Kingdom where he discussed the issue of corporal punishment with State authorities and non-governmental organisations.
Children and corporal punishment: “The right not to be hit, also a children’s right” (2008)
This Issues paper published by the Council of Europe Commissioner for Human Rights explains why corporal punishment should be prohibited and provides background information on steps already taken by international and European human rights mechanisms towards a full prohibition.
Off the books! Guidance for Europe's parliaments on law reform to eliminate corporal punishment (2008): English - French - Macedonian
Abolishing corporal punishment of children – Questions and answers (2007)
English - Armenian - Croatian - Estonian - French - Greek - Italian - Lithuanian - Macedonian - Polish - Portuguese - Romanian - Russian - Serbian - Slovakian - Slovenian - Spanish - Turkish
Information leaflet on positive parenting: English - French - German - Portuguese
Parenting in contemporary Europe: a positive approach (2007)
