Fundamental rights of human dignity and physical integrity of children : comparative legal lessons for enhacing the effectivity of the Greek ban on parental corporal punishment

Abstract

This study addresses the issue of corporal punishment of children within families. It demonstrates that, according to human rights instruments, universal and regional, as well as according to human rights bodies, the use of corporal punishment is a straightforward violation of children’s rights to human dignity and physical integrity. Children are bearers of these human rights as well as of the right to equal respect and this fact has been recognised in the Convention on the rights of the Child. Moreover Article 19 of the Convention requires States to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical violence while in the care, among others, of parent(s). Thus States, in order to comply with their human rights obligations, should take all the measures needed to eradicate the use of corporal punishment. Therefore legal provisions prohibiting its use as well as public education campaigns are needed. These coordinated actions have been emphasised by the Committee of the Convention on the rights of the Child. Hence this study will identify, examine and evaluate the law reform supporting measures that Sweden, Austria as well as other countries adopted towards that aim. The objective will be to find out the most effective measures that could apply in Greece’s case in order to make the recent ban on corporal punishment (24 January 2007) successful in ensuring and realising children’s rights.