Global summary of legal status of corporal punishment of children

Prepared by the Global Initiative to End All Corporal Punishment of

Children (www.endcorporalpunishment.org), June 2007

Please note: The following information has been compiled from many sources,
including reports to and by the United Nations human rights treaty bodies.
Information in square brackets is unconfirmed. We are very grateful to government
officials, UNICEF and other UN agencies, NGOs and human rights institutions,
and many individuals who have helped to provide and check information. Please let us know if you
believe any of the information to be incorrect: info@endcorporalpunishment.org.

STATE Prohibited in Prohibited Prohibited in penal system Prohibited in

the home in schools As sentence As disciplinary alternative care
measure settings
Afghanistan NO1 NO2 YES NO3 NO4
Albania NO YES YES YES5 NO
Algeria NO YES YES [NO] NO
American Samoa (US) NO NO6 YES NO NO
Andorra NO7 YES8 YES YES NO
Angola NO YES YES9 NO NO
Anguilla (UK) NO NO YES YES NO10
Antigua & Barbuda NO NO NO NO NO
Argentina NO11 NO12 YES NO13 NO14
Armenia NO15 YES YES YES NO
Aruba (Netherlands) NO NO YES NO16 NO
Australia17 NO18 SOME19 YES SOME20 SOME21

1
Government committed to full prohibition (2006)
2
Ministry of Education announced in June 2006 that “the use of any form of violent behaviour and beating and humiliation
of children is strictly prohibited”, though this is yet to be confirmed in legislation; government committed to full
prohibition (2006)
3
Prohibited by policy and practice in the Children’s Rehabilitation Centre and as at September 2005 Regulations for the
Children’s Rehabilitation Centre were under discussion; government committed to full prohibition (2006)
4
Government committed to full prohibition (2006)
5
But no explicit prohibition
6
Prohibited in public schools by Education Department policy
7
Government has claimed existing laws prohibit in all settings (2004), but no explicit prohibition in legislation
8
No explicit prohibition, but education law and regulations recognise dignity of the child
9
Prohibited for persons under 16 years; prohibition for 16 and 17 year olds unconfirmed
10
As at April 2005, legislation was being drafted for day care centres
11
2005 Law on Full Protection of the Rights of Children and Young People recognises right to dignity and personal,
physical and moral integrity and to protection from torture, abuse, humiliating and intimidating treatment, and cruel or
degrading treatment, but no explicit prohibition of corporal punishment
12
See previous note
13
See previous note
14
See previous note
15
1996 Rights of the Child Act recognises right to protection from any form of violence, but not interpreted as prohibiting
corporal punishment in the home
16
Review of juvenile criminal law was due for completion in 2003
17
See appendix 1
18
In 2003, Law Reform Institute in Tasmania recommended abolition of reasonable correction defence from criminal and
civil law; as at April 2007, no changes in the law had been made; 2002 law in New South Wales prohibits force to head or
neck of child and to any part of the body where likely to cause harm lasting more than a short period
19
Prohibited in state schools and independent schools in Australian Capital Territory, Tasmania and Victoria; prohibited by
Ministerial guidelines in New South Wales and by policy in Queensland and Western Australia but “reasonable
chastisement” defence potentially available
20
“Reasonable chastisement” defence potentially available in Queensland and Tasmania
21
Prohibited in child care centres except in Northern Territory; prohibited in residential centres in New South Wales,
Queensland, South Australia and Victoria; prohibited in foster care in Queensland, South Australia, Tasmania and New
South Wales, but “reasonable chastisement” defence available in all but New South Wales
1
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Austria YES22 YES YES YES YES
Azerbaijan NO YES YES YES NO
Bahamas NO NO NO NO NO
Bahrain NO YES YES ??? ???
Bangladesh NO23 NO24 NO25 NO26 NO27
Barbados NO NO NO NO SOME28
Belarus NO29 YES YES YES SOME30
Belgium NO31 YES YES YES SOME32
Belize NO NO YES SOME33 SOME34
Benin NO NO35 YES [YES] NO
Bermuda (UK) NO NO YES YES NO
Bhutan NO36 NO37 ??? 38 NO39 NO40
Bolivia NO NO41 SOME 42
NO NO
Bosnia and Herzegovina NO YES43 YES YES NO
Botswana NO NO NO NO NO
Brazil NO44 NO45 YES NO46 NO47
British Virgin Islands (UK) NO NO YES YES NO
Brunei Darussalam NO NO48 NO NO NO
Bulgaria YES49 YES YES YES YES
Burkina Faso NO YES YES YES SOME50
Burundi NO NO YES NO NO

22
Prohibited in 1989 by section 146a of General Civil Code
23
Government committed to full prohibition (2006)
24
Ministerial directives advise against use; government committed to full prohibition (2006)
25
Government committed to full prohibition (2006)
26
See previous note
27
See previous note
28
Prohibited in state-arranged foster care and pre-school settings, and in day care centres and children’s residential centres
run by Child Care Board, but lawful in private foster care
29
1994 Rights of the Child Act prohibits “all forms of exploitation, physical or mental violence, cruel, harsh or negligent
treatment, sexual exploitation or sexual perversion, including on the part of parents, persons acting in loco parentis or
relatives….”, but no explicit prohibition of corporal punishment
30
Prohibited in boarding institutions; not prohibited in foster care
31
2000 Constitutional amendment recognises children’s physical integrity, but no explicit prohibition; as at 2005, a
proposed amendment to Civil Code pending before Senate
32
Prohibited in institutions and foster care by decrees in some communities; not prohibited in non-institutional childcare
33
Prohibited in “Youth Hostel” detention centre but lawful in prisons and by law enforcement officials
34
Prohibited in residential care facilities and in day care centres
35
Prohibited in formal education by government circular
36
Government committed to full prohibition (2006)
37
See previous note
38
See previous note
39
See previous note
40
See previous note
41
Prohibited by regulation
42
Prohibited in state laws, but ordered by community elders in traditional Indian justice systems
43
No explicit prohibition, but unlawful under child protection laws
44
Prohibited in 2003 Bill No. 2,654, formally approved by three commissions in House of Representatives (January 2006)
and as at February 2007 in lower chamber pending approval
45
See previous note
46
See previous note
47
See previous note
48
In 2003, discipline guidelines for teachers which made no reference to corporal punishment being prepared by Ministry
49
Prohibited in 2000 Child Protection Act (amended 2003) and 2003 Regulation on the Implementation of the Child
Protection Act
50
Prohibited in institutions; not prohibited in foster care
2
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Cambodia NO SOME51 YES YES NO52
Cameroon NO YES YES YES NO
Canada53 NO54 YES55 YES YES SOME56
Cape Verde NO NO57 YES YES [YES]
Cayman Islands (UK) NO NO YES YES NO
Central African Republic NO NO ??? ??? ???
Chad NO NO YES NO NO
Chile NO NO YES NO NO
China NO YES58 YES YES ???
Colombia NO NO59 SOME60 NO61 NO
Comoros NO NO [YES] NO NO
Congo, Republic of NO [YES] YES NO NO
Cook Islands NO NO YES NO NO
Costa Rica NO62 NO63 YES YES NO64
Cote d’Ivoire NO ??? YES YES NO
Croatia YES65 YES YES YES YES
Cuba NO NO YES NO NO
Cyprus YES66 YES YES YES YES
Czech Republic NO NO YES YES67 NO
DPR Korea NO NO68 YES YES ???
DR Congo NO YES YES SOME69 NO
Denmark YES70 YES YES YES YES
Djibouti NO [YES] ??? NO ???
Dominica NO NO NO NO NO

51
Prohibited in primary schools but not explicitly in secondary schools; prohibited in draft Education Law (2005)
52
Prohibited in draft Minimum Standards
53
See appendix 2
54
2004 Supreme Court ruling upheld parents’ right to administer corporal punishment to children aged 2-12 years, but not
using objects and not involving slaps or blows to the head; right of correction removed from civil law in Quebec
55
2004 Supreme Court ruling limited use of force by teachers to restraint and removal and excluded corporal punishment,
but this not reflected in legislation in all provinces and territories; as at March 2007, no legal prohibition in private schools,
or in any schools in Alberta, Manitoba and Ontario
56
Prohibited in state provided care in Alberta, British Colombia and Manitoba; in Ontario prohibited in provincially-
licensed childcare programmes and foster homes and for all children receiving services from a child protection agency or
other service provider licensed or approved by the province; in Quebec no right of correction under the Civil Code but right
of correction in Federal Criminal Code applies
57
Prohibited by Ministry of Education guidelines
58
But in September 2006 the media confusingly reported China’s intention to prohibit corporal punishment in schools
59
But corporal punishment resulting in injury is prohibited
60
Prohibited in laws of the Republic, but under Constitutional case law permitted among indigenous Indian communities
61
But corporal punishment resulting in injury is prohibited
62
2005 ruling by Criminal Court of Cassation, San Jose, stated legal duty on those with paternal authority over children to
moderately correct them did not entail right to hurt them; prohibited in 2004 draft Law on the Abolition of Corporal
Punishment Against Minors
63
See previous note
64
See previous note
65
Prohibited in 1998 Family Act, replaced by 2003 Family Act which prohibits “degrading measures, mental or physical
violence, or abuse” (article 88) and states parents must protect children from “humiliating treatments and physical
punishment of other persons” (article 92)
66
Prohibited in 1994 Violence in the Family (Prevention and Protection of Victims) Law, reiterated in 2000 Act on
Violence in the Family; response to governmental questionnaire in UN Secretary General’s Study on Violence against
Children (August 2005) stated Children Law provides for “right to administer punishment”, but this provision expected to
be removed following review
67
But no explicit prohibition
68
Prohibited in policy, but as at April 2004 not in law
69
Prohibited in Antoinette Sassou-Nguessou Re-education Centre
70
Prohibited in 1997 amendment to 1995 Parental Custody and Care Act
3
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Dominican Republic NO YES YES NO ???
Ecuador NO YES YES71 NO SOME72
Egypt NO YES YES YES73 NO
El Salvador NO YES YES YES ???
Equatorial Guinea NO NO ??? ??? NO
Eritrea NO NO NO74 ??? NO
Estonia NO YES75 YES YES NO
Ethiopia NO YES76 YES YES SOME77
Falkland Islands (UK) NO YES YES78 YES NO
Faroe Islands (Denmark) NO NO79 YES NO NO
Fiji NO80 YES81 YES82 YES NO
Finland YES83 YES YES YES YES
France NO NO84 YES YES85 NO
French Guiana (France) NO [NO] [YES] [YES] NO
French Polynesia (France) NO [NO] [YES] [YES] NO
Gabon NO YES ??? ??? ???
Gambia NO86 NO87 YES NO88 NO
Georgia NO89 YES90 YES YES SOME91
Germany YES92 YES YES YES YES
Ghana NO NO YES NO NO
Gibraltar (UK) NO NO YES NO NO
Greece YES93 YES YES YES YES
Greenland (Denmark) NO YES YES YES SOME94
Grenada NO NO NO NO SOME95
Guadeloupe (France) NO [NO] [YES] [YES] NO
Guam (US) NO NO YES [YES] NO
Guatemala NO NO YES NO NO

71
But possibly lawful among indigenous communities
72
Prohibited in institutions but lawful in other childcare settings
73
But possibly permitted in social welfare institutions
74
Lawful under Transitional Penal Code but prohibited in Draft Penal Code
75
But no explicit prohibition
76
Prohibited by government directive and Constitution, but “reasonable chastisement” defence potentially available
77
Prohibited in institutions by Constitution, but “reasonable chastisement” defence available
78
But as at April 2005, regulations relating to execution of a sentence of corporal punishment yet to be amended
79
Prohibited by government circular
80
According to Save the Children (January 2007), public request for full prohibition has been made
81
Ruled unconstitutional in 2002 High Court ruling, but as at March 2007 some legislation not amended
82
See previous note
83
Prohibited in 1983 Child Custody and Right of Access Act
84
1889 High Court ruling allowed “right to correction” for teachers; 2000 ruling stated that habitual and non-educational
corporal punishment not covered by this
85
But no explicit prohibition
86
But 2005 Children’s Act provides for the responsibility of parents to “ensure that domestic discipline is administered
with humanity and in a manner consistent with the inherent dignity of the child”
87
Possibly prohibited in 2005 Children’s Act
88
See previous note
89
In 2000 under examination by the Committee on the Rights of the Child government stated intention to prohibit in the
family, and response to governmental questionnaire of the UN Secretary General’s Study on Violence against Children
indicated all corporal punishment is prohibited, but no explicit prohibition in legislation
90
But no explicit prohibition
91
Prohibited in institutional care establishments
92
Prohibited in 2000 amendment to Civil Code
93
Prohibited in Law 3500/2006 on the Combating of Intra-family Violence, in force January 2007
94
Prohibited in foster homes run by Home Rule; no explicit prohibition in private and municipal homes and other care
settings
95
Prohibited in child care homes by licensing requirements
4
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Guernsey (UK) NO SOME96 NO97 YES NO98
Guinea NO99 YES [NO] ??? NO
Guinea-Bissau NO YES YES YES ???
Guyana NO NO100 NO NO NO101
Haiti NO102 YES YES YES YES
Honduras NO YES YES NO NO
Hong Kong (China) NO103 YES YES YES SOME104
Hungary YES105 YES YES YES YES
Iceland YES106 YES YES YES YES
India NO107 SOME108 YES NO109 NO110
111
Indonesia NO NO SOME NO112 NO
Iran, Islamic Republic of NO YES NO NO NO
Iraq NO YES YES ??? ???
Ireland NO113 YES YES YES SOME114
Isle of Man (UK) NO SOME115 YES SOME116 NO117
Israel YES118 YES YES YES YES
Italy YES119 YES YES YES YES
Jamaica NO SOME120 YES YES YES
Japan NO YES YES YES SOME121

96
Prohibited in state schools by Government Directive; prohibited in private schools by policy
97
In June 2006, Government voted to repeal Corporal Punishment (Guernsey) Law (1957)
98
Prohibited in care institutions and foster care by policy; as at March 2005, consideration was being given to explicit
prohibition in all alternative care settings in draft legislation
99
Penal Code punishes “anyone who has deliberately injured or beaten a child under the age of fifteen”, but no evidence of
application to parental corporal punishment
100
Motion calling for prohibition pending before Parliament (February 2007)
101
Prohibited in childcare and childminding services in Children’s Bill, as at February 2005 not in force
102
Possibly prohibited by 2001 law, but no unequivocal confirmation
103
According to Save the Children (January 2007), public request for full prohibition has been made
104
Prohibited in childcare centres and mutual help childcare centres
105
Prohibited in 2004 amendment to Hungarian Child Protection Act
106
Prohibited in 2003 Children’s Act
107
2003 National Charter for Children recognises children’s right to protection from corporal punishment
108
National Policy on Education recommends prohibition; prohibited in Andhra Pradesh, Goa, Tamil Nadu, Chandigarh,
Orissa, Delhi, Himachal Pradesh and West Bengal; in June 2006, it was announced that the Punjab government had decided
to prohibit corporal punishment in schools and it was under consideration in Bihar; 2005 National Plan of Action for
Children includes goal of prohibition in schools; as at April 2006, prohibited at national level in draft Free and Compulsory
Education for Children Bill; government committed to prohibition in schools and other settings outside the home (2006)
109
2005 National Plan of Action for Children includes goal of prohibition in relation to children in difficult circumstances;
prohibited in institutions in Offences Against Children (Prevention) Bill (2006)
110
See previous note
111
Prohibited in Criminal Code but permitted under Shari’a law in Aceh province and in regional regulations based on
Islamic Law in other areas
112
As at January 2005 Penal Code and juvenile justice system were under review
113
Government has stated long-term commitment to prohibition but given no indication of timing
114
Prohibited in pre-school settings except for childminders caring for children of relatives, children of same family or up
to three children from different families; prohibited in foster care and residential care services by guidance
115
Prohibited by law in state schools; prohibited in private school by policy
116
Prohibited by law for young persons aged 17 or 18 years, but only by policy for younger children
117
Prohibited in care institutions and foster care by policy; as at March 2005, explicit prohibition in all alternative care
settings in draft legislation under consideration
118
2000 Supreme Court ruled against all violence in childrearing; “reasonable chastisement” defence removed from
legislation in same year
119
1996 Supreme Court ruling prohibited all violence in childrearing, but as at March 2007 not confirmed in legislation
120
Prohibited in schools for children up to the age of 6 years
121
Prohibited in day care centres and residential institutions (information unconfirmed); lawful in foster care
5
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Jersey (UK) NO NO122 YES YES NO123
Jordan NO124 YES YES YES [YES]
Kazakhstan NO YES YES YES SOME125
Kenya NO YES YES YES126 SOME127
Kiribati NO YES128 NO 129
NO NO
Kuwait NO YES YES130 NO ???
Kyrgyzstan NO YES YES YES SOME131
Lao PDR NO NO YES YES NO
Latvia YES132 YES YES YES YES
Lebanon NO NO133 YES YES SOME134
Lesotho NO NO135 NO NO NO
Liberia NO NO YES NO NO
Libyan Arab Jamahiriya NO YES NO ??? ???
Liechtenstein NO136 YES YES YES SOME137
Lithuania NO138 YES139 YES YES140 YES
Luxembourg NO141 YES YES YES NO
Macao (China) NO ??? YES ??? ???
Madagascar NO NO YES ??? NO
Malawi NO YES142 YES143 YES144 SOME145
146
Malaysia NO NO NO NO147 NO
Maldives NO148 YES NO 149
NO150 SOME151
Mali NO YES YES YES152 NO
Malta NO153 YES154 YES YES NO

122
Prohibited by government guidance
123
Prohibited in care institutions and foster care by policy
124
In September 2006, government stated corporal punishment by parents prohibited in new legislation, but no explicit
prohibition and Penal Code allows for parental discipline within limits established by “general custom” (article 62)
125
Prohibited in children’s villages, youth homes and other institutions, but no prohibition in foster care
126
But as at March 2007 some legislation not amended
127
Prohibited in institutions
128
Statutory provisions allowing for corporal punishment repealed but no explicit prohibition in legislation
129
Government committed to prohibition (2006)
130
But reintroduction possibly proposed
131
Prohibited in residential institutions
132
Prohibited in 1998 Children’s Rights Protection Law
133
Government committed to law reform (2006)
134
Prohibited in day care centres (information unconfirmed) but not in other alternative care settings
135
Prohibited in Education Bill (2006)
136
Penal Code prohibits physical and psychological harm and government has stated (January 2006) corporal punishment
not permitted, but no explicit prohibition
137
Prohibited in state alternative care settings but not in privately run alternative care settings
138
Government has stated intention to introduce explicit prohibition in legislation (2006)
139
But no explicit prohibition
140
See previous note
141
Government has stated intention to prohibit
142
Prohibited in Constitution
143
Prohibited in Constitution, but permitted in other legislation
144
See previous note
145
Prohibited in state institutions by Constitution
146
Government committed to prohibition (2007)
147
See previous note
148
Government committed to full prohibition (2006)
149
Government has stated commitment to prohibition but also to retaining corporal punishment under Islamic law (2006)
150
Government committed to full prohibition (2006)
151
Prohibited in the Education and Training Centre for Children; government committed to full prohibition (2006)
152
But no explicit prohibition
153
As at March 2005, draft Children Act reportedly prohibited physical punishment (information unconfirmed)
154
But no explicit prohibition
6
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Marshall Islands NO YES YES YES NO
Martinique (France) NO [NO] [YES] [YES] NO
Mauritania NO NO155 ???156 NO NO
Mauritius NO YES YES NO NO
Mexico NO157 NO158 YES NO NO
Micronesia, Federated States NO [YES] YES NO NO
Monaco NO NO YES YES159 NO
Mongolia NO160 YES YES NO NO
Montenegro NO YES YES YES NO
Montserrat (UK) NO NO YES NO NO
Morocco NO NO161 YES YES NO162
Mozambique NO NO163 YES [NO] NO
Myanmar NO NO164 YES165 NO NO
Namibia NO YES YES YES166 SOME167
168
Nauru NO ??? SOME NO ???
Nepal NO169 NO170 SOME171 NO172 NO173
Netherlands YES174 YES YES YES YES
Netherlands Antilles NO NO175 YES YES NO
New Caledonia (France) NO [NO] [YES] [YES] NO
New Zealand YES176 YES YES YES YES
Nicaragua NO177 NO178 YES YES NO179
Niger NO NO [YES] [NO] NO
Nigeria NO NO SOME180 [NO] NO
Niue NO ??? YES ??? ???
Northern Mariana Islands NO NO YES [YES] ???
(US)

155
Prohibited by Ministerial Order
156
Possibly lawful under Islamic law
157
But “right of correction” removed from the Civil Code of the Federal Territory
158
Except possibly in Sonora
159
But no explicit prohibition
160
Government is considering prohibition (2007)
161
Prohibited by Ministerial direction
162
No prohibition in foster care; possibly no prohibition in other alternative care settings
163
Prohibited by Government directives
164
Prohibited by government directive
165
But some legislation not amended/repealed
166
Declared unconstitutional in 1991 Supreme Court ruling; as at May 2007 not confirmed in legislation though Child
Justice Bill under discussion
167
Unlawful in state institutions under 1991 Supreme Court ruling, but not confirmed in legislation; not prohibited in
privately administered settings
168
Prohibited for children under 16 years, but permitted for older children
169
2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; government committed
to full prohibition (2006)
170
2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; legislation prohibiting
corporal punishment in schools possibly in preparation (December 2006); government committed to full prohibition (2006)
171
Prohibited in state laws, but permitted in Maoist courts
172
2005 Supreme Court ruling removed legal defence available to parents, guardians and teachers; government committed
to full prohibition (2006)
173
See previous note
174
Prohibited in 2007 amendment to the Civil Code
175
Prohibited by policy
176
Prohibited by Crimes (Substituted Section 59) Amendment Act, in force July 2007
177
Bill proposing full abolition being drafted by Children’s Ombudsman’s office (February 2007)
178
See previous note
179
See previous note
180
Prohibited as sentence in 2003 Child Rights Act, but this not enacted in all states and other legislation not amended
7
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Norway YES181 YES YES YES YES
Oman NO YES ??? NO NO
Pakistan NO182 SOME183 SOME184 NO185 NO186
Palau NO NO YES NO NO
Palestine NO NO187 YES188 NO NO
Panama NO NO YES YES NO
Papua New Guinea NO YES189 YES NO190 NO
Paraguay NO NO191 YES YES NO
Peru NO192 NO193 YES NO194 NO195
Philippines NO196 YES YES YES SOME197
Pitcairn Islands (UK) YES198 YES YES YES YES
Poland NO199 YES200 YES YES YES201
Portugal NO202 YES YES YES NO
Puerto Rico (US) NO YES YES YES NO
Qatar NO NO203 NO NO NO
Republic of Korea NO NO YES YES NO
Republic of Moldova NO YES YES YES204 NO
Réunion (France) NO NO YES YES NO
Romania YES205 YES YES YES YES
Russian Federation NO YES YES YES NO
Rwanda NO NO206 YES YES SOME207

181
Prohibited in 1987 amendment to 1981 Parent and Child Act; but 2005 Supreme Court decision interpreted Penal Code
as allowing “lighter smacks”; government is reviewing this provision
182
Prohibited in draft Protection of Children Act 2005, under discussion (May 2007); 2005 National Child Policy
recognises right of the child to protection from corporal punishment
183
Prohibited in North West Frontier Province, by Federal Ministerial directive and by directives in Punjab and Sindh
Provinces; 2005 National Child Policy recognises right of the child to protection from corporal punishment; prohibited in
draft Protection of Children Act 2005, under discussion (May 2007)
184
Prohibited in 2000 Juvenile Justice System Ordinance but as at June 2006 this not implemented in tribal areas and other
legislation not amended; 2005 National Child Policy recognises right of the child to protection from corporal punishment;
prohibited in draft Protection of Children Act 2005, under discussion (May 2007)
185
See previous note
186
Prohibited in draft Protection of Children Act 2005, under discussion (May 2007); 2005 National Child Policy
recognises right of the child to protection from corporal punishment
187
Prohibited by Ministerial direction
188
But possibly permitted under Shari’a law
189
But as at April 2005, right of correction still in Criminal Code
190
Prohibited in draft Juvenile Justice Act, as at April 2005 intended to replace the Juvenile Courts Act
191
Legislation protects dignity but does not explicitly prohibit corporal punishment
192
Legislation prohibiting all corporal punishment, including in the family, under discussion (2006)
193
Prohibited by Decree, but not in law; legislation prohibiting all corporal punishment, including in the family, under
discussion (2006)
194
Legislation prohibiting all corporal punishment, including in the family, under discussion (2006)
195
See previous note
196
According to Save the Children (January 2007), public request for full prohibition has been made
197
Prohibited in residential institutions and day care centres
198
Prohibited in 2003 Children Ordinance
199
Prohibited in 1997 Constitution, but not confirmed in law
200
Prohibition in private schools unconfirmed
201
Prohibition in private institutions unconfirmed
202
1994 Supreme Court ruling stated parents have no right to use physical aggression in childrearing but in 2006 Supreme
Court ruled corporal punishment in childrearing lawful and necessary; government since announced it will prohibit
explicitly and Criminal Code under review (January 2007)
203
Prohibited by Ministerial Decree
204
But no explicit prohibition
205
Prohibited in 2004 Law on Protection and Promotion of the Rights of the Child
206
Legislation is in preparation (2005)
207
Prohibited in child care centres
8
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Saint Helena (UK) NO YES YES YES SOME208
Saint Kitts & Nevis NO NO NO NO NO
Saint Lucia NO NO YES NO NO
Saint Pierre & Miquelon NO [NO] [YES] [YES] NO
(France)
Saint Vincent & the NO NO NO NO NO
Grenadines
Samoa NO NO209 YES [YES] NO
San Marino NO210 YES YES YES NO
Sao Tome and Principe NO [YES] SOME211 ??? NO
Saudi Arabia NO NO212 NO NO NO
Senegal NO YES YES SOME213 NO
Serbia NO214 YES YES YES NO
Seychelles NO NO215 YES [YES] [YES]
Sierra Leone NO216 NO217 NO218 NO219 NO
Singapore NO NO NO NO SOME220
Slovakia NO221 YES YES YES YES
Slovenia NO222 YES YES YES SOME223
Solomon Islands NO NO YES NO NO
Somalia NO NO NO YES NO
South Africa NO224 YES YES YES YES
Spain NO225 YES YES YES NO
Spitzbergen (Svalbard) YES226 YES YES YES YES
(Norway)
Sri Lanka NO227 NO228 YES YES NO229
Sudan NO NO230 NO NO NO

208
Prohibited in residential institutions
209
Prohibited by policy
210
Government has stated Penal Code provision for “abuse of the powers of correction or discipline” (article 234)
effectively prohibits corporal punishment, but no explicit prohibition in law
211
Prohibited for persons under the age of 17 years, but possibly lawful for those aged 17 years
212
Prohibited by Ministerial circulars
213
Prohibited in prisons and in training centres but possibly lawful in other penal institutions
214
2005 Serbian Family Act states: “Parents may not subject the child to humiliating actions and punishments which insult
the child's human dignity and have the duty to protect the child from such actions taken by other persons” (article 69). We
have been unable to substantiate reports that this prohibits all corporal punishment, including in the home
215
Prohibited by policy
216
Sierra Leone Truth and Reconciliation Commission has recommended prohibition in the home and schools (2004)
217
Sierra Leone Truth and Reconciliation Commission has recommended prohibition in the home and schools (2004);
possibly prohibited in 2005 Child Rights Bill, under discussion (May 2007)
218
Prohibited in 2005 Child Rights Bill, under discussion (May 2007)
219
Possibly prohibited in 2005 Child Rights Bill, under discussion (May 2007)
220
Prohibited in child care centres
221
Government has stated intention to prohibit corporal punishment in the home (2005); prohibition to be included in new
Family Code expected to be publicly debated January/February 2007
222
Prohibited in draft Family Act (2007)
223
Prohibited in day care centres and residential schools
224
Law Commission and others have proposed removal of “reasonable chastisement” defence but as at April 2007, debate
continuing
225
Government has stated intention to pursue law reform (2004)
226
Norwegian law applies
227
Government committed to full prohibition (2006)
228
Prohibited by government circular; court ordered corporal punishment for truancy prohibited by 2005 Act No. 23;
government committed to full prohibition (2006)
229
Government committed to full prohibition (2006)
230
1993 School Regulations prohibit for girls but allow four lashes for boys
9
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
Suriname NO NO231 YES YES NO232
Swaziland NO NO233 NO NO NO
Sweden YES234 YES YES YES YES
Switzerland NO235 YES236 YES YES YES
Syrian Arab Republic NO NO237 YES ??? NO
Taiwan NO238 YES YES YES ??? 239
Tajikistan NO NO YES NO NO
Thailand NO YES YES YES240 NO
TFYR Macedonia NO241 YES YES YES YES
Timor-Leste, DR NO NO242 YES YES NO243
Togo NO NO244 SOME245 YES NO
Tokelau (New Zealand) NO ??? YES ??? ???
Tonga NO YES NO NO NO
Trinidad and Tobago NO NO246 YES NO NO247
Tunisia NO NO248 YES YES NO
Turkey NO YES YES YES NO
Turkmenistan NO249 YES YES YES ???250
Turks & Caicos Islands (UK) NO NO YES YES NO
Tuvalu NO NO YES NO NO
Uganda NO251 NO252 YES YES NO
Ukraine YES253 YES YES YES YES
United Arab Emirates NO YES NO NO NO
UK NO254 YES YES YES SOME255
United Republic of Tanzania NO NO NO NO NO

231
Prohibited by government directives
232
Prohibited in private and state institutions in draft Children’s Home Bill due for presentation early 2005
233
Prohibition proposed in new legislation due for presentation late 2006
234
Prohibited in 1979 amendment to Parenthood and Guardianship Code
235
2003 Federal Court ruling stated repeated and habitual corporal punishment unacceptable, but did not rule out right of
parents to use corporal punishment
236
Prohibited by federal law pursuant to cantonal legislation; 1991 Federal Court ruled it permissible in certain
circumstances, but this considered impossible under current (2005) legislation
237
Ministry of Education advises against its use
238
Government committed to full prohibition (2005)
239
See previous note
240
As at May 2006, legislation being amended
241
2000 Law on Protection of Children prohibits corporal maltreatment, punishment and other inhuman treatment and
abuse, but not interpreted as prohibiting parental corporal punishment
242
Government committed to prohibition (2005)
243
Prohibited by policy in child care centres, orphanages and boarding houses from April 2005
244
Prohibited in 1980 Ministerial Order
245
Prohibited in state legislation but used in traditional courts
246
Prohibited by 2000 Children (Amendment) Act, as at February 2007 not in force
247
Prohibited in health care and psychiatric institutions by policy
248
Prohibited by Ministerial circular
249
Possibly prohibited under 2002 Rights of the Child (Guarantees) Act
250
See previous note
251
According to ANPPCAN (November 2006), Children Act under review and full prohibition likely to be proposed
252
Prohibited in state schools by Ministerial circular
253
Prohibited in 2001 Law on Prevention of Domestic Violence
254
Scotland: 2003 Criminal Justice (Scotland) Act restricts common law defence by introducing concept of “justifiable
assault” of children and defining blows to head, shaking and use of implements as unjustifiable; England and Wales: 2004
Children Act maintains “reasonable punishment” defence for cases of common assault; similar provision introduced in
Northern Ireland by the 2006 Law Reform (Miscellaneous Provisions) (Northern Ireland) Order
255
Prohibited in residential care institutions and foster care arranged by local authorities or voluntary organisations, and in
day care institutions and childminding in England and Wales and Scotland; prohibited by guidance in day care institutions
and childminding in Northern Ireland; not prohibited in private foster care
10
STATE Prohibited in Prohibited Prohibited in penal system Prohibited in
the home in schools As sentence As disciplinary alternative care
measure settings
USA256 NO SOME257 YES SOME258 SOME259
US Virgin Islands (US) NO NO YES YES NO
Uruguay NO260 NO261 YES NO262 NO263
264
Uzbekistan NO YES YES YES NO
Vanuatu NO YES SOME265 [YES] NO
Venezuela NO266 YES YES YES NO267
Viet Nam NO NO YES YES NO
Wallis & Futuna Islands NO [NO] [YES] [YES] NO
(France)
Western Sahara NO [NO] [YES] [YES] [NO]
Yemen NO YES NO NO NO
Zambia NO YES YES268 YES269 NO
Zimbabwe NO NO NO NO NO

256
See appendix 3
257
Prohibited in public and private schools in Iowa and New Jersey, in public schools in a further 26 states and District of
Columbia, and in some large city school districts in other states
258
Prohibited in 31 states
259
Prohibited in all alternative care settings in 30 states and in some settings in other states and District of Columbia
260
Bill prohibiting all corporal punishment has been introduced in parliament, and expected before Legislation and
Constitution Commission in Senate March 2007; government has pledged unconditional support to the bill and has publicly
committed to implement all UN Study recommendations
261
See previous note
262
See previous note
263
See previous note
264
But possibly permitted under mahallyas system
265
Used in rural areas for punishment of young boys and girls found to have broken village or custom rules
266
Legislation prohibiting all corporal punishment, including in the family, expected to be enacted in 2007
267
See previous note
268
Ruled unconstitutional by Supreme Court in 1999, but as at May 2007 some legislation not amended
269
See previous note
11
Appendix 1: Australia
State/territory Prohibited in the Prohibited in Prohibited in penal system Prohibited in
home schools As sentence As disciplinary alternative care
measure settings
Australian Capital NO YES YES N/A1 SOME2
Territory
New South Wales NO3 YES YES YES YES4
Northern NO NO YES YES NO
Territory
Queensland NO NO5 YES YES6 YES7
South Australia NO NO8 YES YES YES9
Tasmania NO10 YES YES YES11 SOME12
Victoria NO YES YES YES SOME13
Western Australia NO NO14 YES NO SOME15

1
No juvenile detention centres in Australian Capital Territory; young people accommodated in New South Wales facilities
2
Prohibited in child care centres, but reasonable correction defence potentially available to staff in child care centres and
residential centres and to foster carers
3
Law prohibits force to child’s head or neck and to any part of the body where likely to cause harm lasting more than short
period
4
Prohibited in child care centres and residential centres, except possibly by child’s parent, step-parent, parent’s de facto
partner or parent’s relative; prohibited in foster care
5
Prohibited in government schools by policy
6
But reasonable correction defence possibly available
7
Prohibited in child care centres, residential centres and foster care, but reasonable correction defence available
8
Prohibited in government schools by policy
9
Prohibited in child care centres, residential centres and foster care but reasonable chastisement defence available
10
In 2003 Law Reform Institute recommended abolition of defence of reasonable correction but as at April 2007 no
changes in law had been made
11
But reasonable chastisement defence available
12
Prohibited in residential centres but reasonable chastisement defence available; prohibited by policy in child care centres
and foster care
13
Prohibited in child care centres and residential centres; not prohibited in foster care
14
Prohibited in government schools by policy
15
Prohibited in child care centres; not prohibited in residential centres or foster care
12
Appendix 2: Canada

Province/ Prohibited in Prohibited in Prohibited in penal system Prohibited in alternative

territory the home schools care settings
As sentence As Child care Foster care
disciplinary
measure
Alberta NO NO YES YES YES YES
British Columbia NO YES YES YES YES YES
Manitoba NO NO1 YES YES YES YES
New Brunswick NO YES YES YES NO NO
Newfoundland NO YES YES YES YES NO
Northwest NO YES YES YES YES NO
Territories
Nova Scotia NO YES YES YES YES NO
Nunavit NO YES YES YES YES NO
Ontario NO NO2 YES YES YES3 YES4
Prince Edward NO YES YES YES YES NO
Island
Quebec NO5 YES YES YES YES6 YES7
Saskatchewan NO YES YES YES YES NO
Yukon NO YES YES YES YES NO

1
Prohibited by policy by many school boards
2
Prohibited by policy by many school boards
3
Prohibited in provincially-licensed childcare programmes and foster homes, and for all children receiving services from
child protection agency or other service provider licensed or approved by province
4
Prohibited in provincially-licensed childcare programmes and foster homes, and for all children receiving services from
child protection agency or other service provider licensed or approved by province
5
Reference to “right of correction” removed from Civil Code in 1994, and number of rulings have stated that right of
correction no longer recognised in Quebec’s civil law, but federal Criminal Code, including section 43, apply
6
See previous note
7
See previous note
13
Appendix 3: USA

Notes on table
Homes: In December 2006, a bill was introduced to ban the advertising for sale and selling of devices for
whipping children throughout the US.
Schools: (i) Unless noted otherwise, in states in which there is no state level prohibition of corporal punishment,
such punishment is permitted unless banned by local boards. In most of these states, it is up to local boards and
schools to establish policies regulating the use of corporal punishment. (ii) Unless noted otherwise, state level
prohibitions apply only to public schools.
Penal system: Corporal punishment as a sentence for crime has been ruled unconstitutional by the Supreme
Court, and no federal or state laws permit its use as an element of criminal sentencing. We have identified 31
states which prohibit in law corporal punishment as a disciplinary measure in juvenile detention centres,
together with some which prohibit its use as a matter of policy. In others we have been unable to locate an
explicit prohibition in state laws available on the world wide web, but have not had access to all subsidiary
regulations or policies. The American Correctional Association’s standards for juvenile detention facilities call
for “written policy, procedure, and practice [that] protect juveniles from personal abuse, corporal punishment,
personal injury, disease, property damage, and harassment”. The comment to the standard notes: “In situations
where physical force or disciplinary detention is required, only the least drastic means necessary to secure order
or control should be used.” The National Juvenile Detention Association has passed a resolution which
“opposes any policy or related procedure which advocates, promotes, or authorizes the use of offensive physical
intervention techniques that allows staff to hit, kick, or strike juveniles”.

State Prohibited in the Prohibited in Prohibited in penal system Prohibited in

home schools As sentence As alternative
disciplinary care settings
measure
Alabama NO NO YES NO1 SOME2
Alaska NO YES YES YES YES
Arizona NO NO YES NO YES
Arkansas NO NO YES NO3 SOME4
California NO YES YES YES YES
Colorado NO NO YES YES YES
Connecticut NO YES YES [NO] SOME5
Delaware NO YES YES NO SOME6
District of NO YES YES NO7 SOME8
Columbia
Florida NO NO YES YES SOME9
Georgia NO NO YES NO10 YES
Hawaii NO YES YES [YES] YES

1
But prohibited by policy
2
Prohibited in all settings, but preschool programmes operated by churches or religious non-profit schools exempt from
licensing
3
Prohibited for adult prisoners but permitted for juveniles
4
Prohibited by licensing requirements in family day care and in day care centres, and in group homes/institutions and foster
care homes licensed by Arkansas Department of Human Services; not prohibited in private group homes/institutions
licensed by Arkansas Child Welfare Agency Review Board; child care facilities operated by churches possibly exempt
from licensing requirements
5
Prohibited in all settings, but some religious based arrangements exempt from child care licensing
6
Prohibited in family day care and in day care centres; prohibited in foster care by agency policy only, but as at June 2005
new regulations carrying explicit prohibition being promulgated
7
Prohibited by policy
8
Prohibited in group homes/institutions and home foster care; prohibited in day care centres by policy only but as at June
2005 regulations carrying explicit prohibition being promulgated; prohibition proposed in family day care
9
Prohibited in all settings, but child care facilities in church or parochial schools exempt from licensing regulations
10
Prohibited by policy
14
State Prohibited in the Prohibited in Prohibited in penal system Prohibited in
home schools As sentence As alternative
disciplinary care settings
measure
Idaho NO NO YES YES SOME11
Illinois NO YES YES YES SOME12
Indiana NO NO YES [NO] SOME13
Iowa NO YES14 YES YES YES
Kansas NO NO YES YES YES
Kentucky NO NO YES YES YES
Louisiana NO NO YES YES SOME15
Maine NO YES YES YES YES
Maryland NO YES YES NO16 SOME17
Massachusetts NO YES YES [NO] SOME18
Michigan NO YES YES YES YES
Minnesota ???19 YES YES YES YES
Mississippi NO NO YES NO20 SOME21
Missouri NO NO22 YES YES SOME23
Montana NO YES YES YES SOME24
Nebraska NO YES YES YES YES
Nevada NO YES YES YES YES
New Hampshire NO YES YES [NO] YES
New Jersey NO YES25 YES YES YES
New Mexico NO NO YES NO26 YES
New York NO YES YES YES YES
North Carolina NO NO27 YES YES SOME28
North Dakota NO YES YES NO29 YES

11
Prohibited in group homes/institutions and home foster care; not prohibited in family day care and day care centres
12
Prohibited in all settings except church-sponsored part-day child care programmes for children over 3 years of age
13
Prohibited in day care centres and home foster care; not prohibited in group homes/institutions, but discouraged through
training and legal interpretation; prohibited in family day care by agency policy, but as at June 2005 prohibition proposed;
possibly not prohibited in unlicensed child care programmes with religious affiliation
14
Prohibited in public and private schools
15
Prohibited in home foster care, Class A (federally funded) day care and residential centres and emergency shelters; not
prohibited in family day care, Class B day care and residential centres
16
Possibly prohibited by policy
17
Prohibited in all state-regulated child care facilities but possibly lawful in private facilities; nursery schools and child
care centres operated by tax-exempt religious organisations exempt from licensing standards
18
Prohibited in family day care, day care centres and group homes/institutions; prohibited in home foster care through
training and legal interpretation but not in law
19
Examination of several laws of Minnesota has led some legal experts to conclude corporal punishment not permitted, but
legislation states parent/legal guardian/caretaker can use reasonable force to restrain or correct a child (Sec. 609.379.[Cr.])
20
Possibly prohibited by policy
21
Prohibited in family day care, day care centres, home foster care and licensed group homes/institutions; not prohibited in
unlicensed group homes/institutions
22
Prohibition proposed in House Bill 289
23
Prohibited in all settings, but child care facilities of religious organisations exempt from licensing
24
Prohibited in family and group day care centres; in home foster care prohibited in agency policy and law states that foster
parents may not use “unusual, severe, cruel, capricious, humiliating or unnecessary punishment” and foster parents must
show evidence of being able to care “without recourse to physical punishment”; as at June 2005 explicit prohibition
proposed
25
Prohibited in public and private schools
26
Possibly prohibited by policy
27
Bill to abolish corporal punishment in public schools to be discussed March 2007
28
Prohibited in family day care, group homes/institutions, home foster care and in licensed day care centres; permitted in
religious-sponsored day care centres; religious child care facilities, including summer day camps, exempt from licensing
29
Law prohibits “excessive corporal punishment”
15
State Prohibited in the Prohibited in Prohibited in penal system Prohibited in
home schools As sentence As alternative
disciplinary care settings
measure
Ohio NO NO YES YES YES
Oklahoma NO NO YES YES YES
Oregon NO YES YES YES YES
Pennsylvania NO YES YES YES YES
Rhode Island NO NO30 YES ??? YES
South Carolina NO NO YES NO31 SOME32
South Dakota NO YES YES [YES] YES
Tennessee NO NO YES NO33 SOME34
Texas NO NO YES YES SOME35
Utah NO YES YES YES SOME36
Vermont NO YES YES ???37 YES
Virginia NO YES YES YES SOME38
Washington NO YES YES ???39 YES
West Virginia NO YES YES YES YES
Wisconsin NO YES YES YES YES
Wyoming NO NO YES NO40 YES

30
Possibly banned by administrative policies or board policies in all districts
31
Information unconfirmed; law prohibits “excessive corporal punishment”
32
Prohibited in home foster care, day care centres and in group homes/institutions for children in state custody or placed by
public agencies; permitted in family day care; bible schools and child care programmes of churches and other religious
organisations not publicly funded exempt from prohibition in licensing requirements
33
Permitted in schools for children in detention run by penal system but prohibited out of school hours
34
Prohibited in family day care, day care centres, child welfare licensed group homes/institutions and foster care; permitted
in Residential Child Care Agencies group homes/institutions, but prohibited in proposed new standards (2005); child care
centres run by religious schools exempt
35
Prohibited in family day care and in day care centres; permitted in group homes/institutions and home foster care
36
Prohibited in all settings, but parochial institutions providing educational care exempt from licensing
37
Prohibited by law for adult inmates, but possibly only by policy for juveniles
38
Prohibited in family day care, day care centres and home foster care; permitted by law in seven licensed group
homes/institutions, though prohibited by policy in all seven
39
Prohibited by law for adult inmates, but possibly only by policy for juveniles
40
Information unconfirmed; law prohibits “excessive or unreasonable” corporal punishment
16