“Explicit prohibition of corporal punishment in all areas in order to further strengthen the protection of children (Denmark); Stay informed: Subscribe to our free weekly e-newsletter Subscribe to all our articles online and receive our monthly print newspaper, La Connexion, delivered to your home. Analysis of current events, reports and practical help for English speakers in France In the Federal Republic of Germany in 1980, parents were prohibited from bringing up their children with “degrading measures” (it was not clear what “degrading” meant), the common understanding being that corporal punishment of children was always permitted as long as it was not “degrading”. 1. In July 1998, corporal punishment was prohibited by a new law stipulating that “degrading educational measures, in particular physical and psychological abuse, are inadmissible”; The common understanding of this law was that parents always had the right to use corporal punishment against their children. In November 2000, this law was replaced by a new, clearer and stricter law stating that “children have the right to a non-violent education. Corporal punishment, psychological violence and other degrading educational measures are inadmissible. [37] [38] In 1783, Poland became the first country in the world to ban corporal punishment in schools. According to article 40 of the Polish Constitution of 1997, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The use of corporal punishment is prohibited.
[62] However, there has been controversy over whether parents` right to use corporal punishment against their children was supported by law until it was explicitly prohibited in 2010. In 2014, the Harare Supreme Court ruled that corporal punishment in all areas violated Zimbabwe`s Constitution and asked the Constitutional Court to uphold its decision. [108] In 2017, Zimbabwe`s Supreme Court ruled that corporal punishment of children at home and at school was unconstitutional, but the Constitutional Court did not uphold this decision. [109] [110] Corporal punishment in schools was banned in 1813 and punishment for physical pain lasted until the 1980s. The instruments were vines, slaps and the like. [11] [12] All corporal punishment was prohibited by a 2014 law that came into force in January 2016. [13] It is estimated that about 5% of Swedish children continue to be beaten illegally, but in addition to its illegitimacy, corporal punishment of children is now considered socially unacceptable. [78] On March 23, 2021, the Colombian Senate voted unanimously in favor of a law prohibiting corporal punishment, cruel, humiliating or degrading acts, and violence as forms of correction for the education of children and adolescents in Colombia. [29] In Napoleonic times, parents were expressly authorized to physically punish their children.
Spanking was popular, with 85% of French parents admitting to using it. However, in 2019, the National Assembly passed a bill that introduced a total ban on all forms of corporal punishment of children and required mayors who officiate at civil marriages to remind couples that violence against children is illegal. [5] The law makes corporal punishment a civil, not a criminal, offence. [35] On July 1, 1979, Sweden became the first country in the world to explicitly prohibit corporal punishment of children, thanks to an amendment to the Parenting and Guardianship Act, which stated: “Children have the right to care, security and a good education. However, the autonomous countries of the Faroe Islands and Greenland banned corporal punishment of children in 2007 and 2016 respectively. Sweden became the first country in the world to ban all corporal punishment of children in 1966, when the law allowing parents to use corporal punishment on their children was repealed and completely replaced by the Assault Constitution under the Penal Code. Although the law no longer supports the right of parents to physically punish their children, it is assumed that it is still permissible (since there is no explicit prohibition). Corporal punishment in schools has been prohibited since 1958.
Corporal punishment in schools was banned in 1914. [34] The right of parents to corporal punishment for their children was prohibited in 1969 when the section of the Constitution on assault was removed from the Penal Code, stipulating that “minor assault” is not punishable if committed by parents or others exercising their right to punish a child. In 1983, corporal punishment of children was expressly prohibited. Spanking seems to be common in France. A survey conducted by the public children`s association Fondation Pour L`Enfance found that 85 percent of parents of French people had used some form of spanking, and more than 50 percent said they had beaten their child in some way before their second birthday.