{"id":2336,"date":"2017-12-13T14:52:00","date_gmt":"2017-12-13T14:52:00","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=2336"},"modified":"2021-07-27T14:59:49","modified_gmt":"2021-07-27T13:59:49","slug":"spain","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/spain\/","title":{"rendered":"Spain"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d799694f295\">\n            <div class=\"container\">\n                <section>\n                    \n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-6 col-md-3\" style=\"background: transparent  \">\n\t\n\n\n<a href=\"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/spain-es\/\" target=\"_self\" style=\"border-radius: 100px;\" class=\"btn btn-default  \">\n     Leer en espa\u00f1ol<\/a>\n\n<div class=\"feature-box text-center media-box \">\n    <div class=\"fbox-media\">\n                    <img decoding=\"async\" data-no-retina src=\"\/\/www.endcorporalpunishment.net\/wp-content\/uploads\/2018\/05\/flag-antigua.gif\" alt=\"\" width=\"\" height=\"\" class=\"img-responsive\" \/>\n        \t<\/div>\n\t<div class=\"fbox-desc\">\n        <h2><\/h2>\n        <span class=\"subtitle\"><\/span>\n        \n    <\/div>\n<\/div><\/div>\n\n<div class=\"col-xs-12 col-sm-12 col-md-9\" style=\"background: transparent  \">\n\t\n<div class=\"heading-block text-left heading-block-line\">\n\t<h2 class=\"special-heading\" >Country Report for Spain<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: July 2021<\/p><\/div><\/div><\/div>\n\n\n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-12\" style=\"background: transparent  \">\n\t\n<div class=\"vertical\">    <ul class=\"nav nav-tabs\" role=\"tablist\">\n                    <li class=\"active\"><a href=\"#tabs-69d7996950e3b0\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7996950e3b1\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d7996950e3b2\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7996950e3b3\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d7996950e3b4\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d7996950e3b0\">\n                <p>Law reform has been achieved. Corporal punishment is prohibited in all settings, including the home.<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7996950e3b1\">\n                <h3>Prohibition of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is prohibited in the home. The First Schedule to Law No. 54\/2007 on International Adoption amended the Civil Code to remove the \u201cright\u201d of parents and guardians to use \u201creasonable and moderate\u201d forms of \u201ccorrection\u201d from articles 154 and 268 of the Civil Code. These articles of the Code now state that parents\/guardians must exercise their authority with respect for the child\u2019s physical and psychological integrity. The explanatory memorandum to the law clarifies that the purpose of the amendment is to address the concerns of the UN Committee on the Rights of the Child that the \u201cpower to correct\u201d breaches article 19 of the Convention on the Rights of the Child.<\/p><p>Extensive amendments to the child protection system in 2015 included in the Organic Act on the Legal Protection of Minors an obligation on public administrations to protect children from all forms of violence, including physical and humiliating punishment (art. 11.2(i)).<\/p><p>In June 2021, a comprehensive law on the protection of children and adolescent against violence<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> was adopted. The new law includes corporal punishment in the definition of violence against children (article 1). In its article 26, the law requires public administrations to adopt programmes aimed at eradicating corporal punishment (unofficial translation).The comprehensive law on the protection of children and adolescent against violence came into force in July 2021. A Code on Minors is also being drafted.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a><\/p><p><strong>\u00a0<\/strong><\/p><h3>Alternative care settings<\/h3><p>Corporal punishment is unlawful in alternative care settings under the 2007 amendments to the Civil Code (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is unlawful in day care settings under the 2007 amendments to the Civil Code (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment in schools has been unlawful since 1985, under article 6 of the Right to Education (Organization) Act 8\/1985. Article 17 of Royal Decree 732\/1995, the statutory framework regulating social relations in schools, states that \u201call pupils have the right to respect for their physical and moral integrity, and may in no circumstances be subjected to humiliating or degrading treatment\u201d. Article 43.2 prohibits \u201cpunishments inconsistent with the physical integrity and personal dignity of the pupil\u201d. Under Organic Law 10\/2002 on the Quality of Education, students have the right to be shown respect for their personal integrity and dignity and are protected against all physical or moral aggression (art. 2.2).<\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>Corporal punishment is unlawful as a disciplinary measure in penal institutions under the Criminal Code, Organic Law 5\/2000 regulating minor criminal liability and the 2007 amendments to the Civil Code (see under \u201cHome\u201d).<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime under the Criminal Code and article 15 of the Constitution 1978.<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1] <\/a>https:\/\/www.boe.es\/diario_boe\/txt.php?id=BOE-A-2021-9347#<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 12 November 2019, A\/HRC\/WG.6\/35\/ESP\/1, National report to the UPR, para. 61<a href=\"#_ftnref4\" name=\"_ftn4\"><\/a><\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7996950e3b2\">\n                <h3>Universal Periodic Review of Spain\u2019s human rights record<\/h3><p>Spain was examined in the first cycle of the Universal Periodic Review in 2010 (session 8). No recommendations were made specifically concerning corporal punishment of children.<\/p><p>The second cycle review took place in 2015 (session 21). No recommendations were made specifically on corporal punishment.<\/p><p>Third cycle examination took place in 2020 (session 35). No recommendations were made specifically on the issue of corporal punishment, but the following recommendations were made:<a href=\"#_ftn1\" name=\"_ftnref1\"><sup>[1]<\/sup><\/a><\/p><p style=\"padding-left: 40px;\">\u201cContinue to protect the rights of children and continue to work on a draft bill for the protection of children from violence (Bosnia and Herzegovina);<\/p><p style=\"padding-left: 40px;\">\u201cExpedite the adoption of the legislation guaranteeing comprehensive protection of children against violence and ensuring its application at all levels (Maldives)\u201d<\/p><p style=\"padding-left: 40px;\">\u201cAdopt a legislation guaranteeing comprehensive protection of children against violence and ensuring its application at all levels (State of Palestine);<\/p><p style=\"padding-left: 40px;\">\u201cAchieve the prompt adoption of the general law for the protection and elimination of violence against children, as recommended by the Committee on the Rights of the Child in its concluding observations of 2018 (Uruguay)\u201d<\/p><p style=\"padding-left: 40px;\">\u201cContinue to reform the special laws for the comprehensive protection in cases of violence against children (Libya);<\/p><p style=\"padding-left: 40px;\">\u201cExpedite the adoption of legislation guaranteeing comprehensive protection of children against violence (Ukraine)\u201d<\/p><p>The Government will examine the recommendations and respond by the 44<sup>th<\/sup> session of the Human Rights Council in June 2020.<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 5 February 2020, A\/HRC\/WG.6\/35\/L.4 Unedited version, Draft report of the Working Group, paras. 150(199), 150(200), 150(202), 150(203), 150(205) and 150(206)<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7996950e3b3\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><h3><em>Committee on the Rights of the Child<\/em><\/h3><p>(2 February 2018, CRC\/C\/ESP\/CO\/5-6 Advance unedited version, Concluding observations on fifth\/sixth report, para. 21)<\/p><p>\u201cWhile noting with appreciation that corporal punishment is prohibited in all settings, the Committee notes with concern that corporal punishment, particularly in the home, persists. Recalling its previous recommendation (CRC\/C\/ESP\/CO\/3-4, para. 35) the Committee draws the State party\u2019s attention to its General comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and recommends that the State party:<\/p><p>(a) Continue to raise awareness about the unlawfulness of corporal punishment and its negative effects on child development and to promote positive, nonviolent and participatory forms of child-rearing and discipline;<\/p><p>(b) Adequately monitor and enforce the prohibition of corporal punishment.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(3 November 2010, CRC\/C\/ESP\/CO\/3-4, Concluding observations on third\/fourth report, paras. 34 and 35)<\/p><p>\u201cThe Committee highly welcomes the amendment of article 154 of the Civil Code on corporal punishment, in line with the Committee\u2019s previous recommendations (CRC\/C\/15\/Add. 185), which deletes the provision stipulating that parents could reasonably and moderately correct their children, and includes the provision stipulating that parental authority shall always be exercised for the benefit of children, according to their personality \u2018and with respect for their physical and psychological integrity.\u2019 It further welcomes the efforts made through sensitization campaigns such as \u2018Corregir no es Pegar\u2019 to promote positive, non-violent forms of discipline, but reiterates its concern that corporal punishment, in particular in the home, continues to be socially accepted.<\/p><p>\u201cThe Committee recommends that the State party continue its efforts through awareness-raising campaigns and parenting education programmes to ensure that positive, non-violent forms of discipline are used in a manner consistent with the child\u2019s human dignity, in conformity to the Convention, especially article 28, paragraph 2, and taking due account of general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel and degrading forms of punishment.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(13 June 2002, CRC\/C\/15\/Add.185, Concluding observations on second report, paras. 30 and 31)<\/p><p>\u201c... the Committee deeply regrets that article 154 of the Civil Code, stating that parents \u2018may administer punishment to their children reasonably and in moderation\u2019, has not yet been revised\u2026.<\/p><p>\u201cThe Committee reiterates its previous recommendation to amend article 154 in order to delete the reference to reasonable chastisement. It further recommends that the State party:<\/p><p>a)\u00a0prohibit all forms of violence, including corporal punishment, in the upbringing of children, in conformity with article 19 of the Convention;<\/p><p>b)\u00a0conduct awareness campaigns and promote alternative forms of discipline in families.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(24 October 1994, CRC\/C\/15\/Add.28, Concluding observations on initial report, paras. 10 and 18)<\/p><p>\u201cFurthermore, the Committee expresses concern at the wording of article 154 of the Spanish Civil Code which provides that parents \u2018may administer punishment to their children reasonably and in moderation\u2019, which may be interpreted to allow for actions in contradiction with article 19 of the Convention....<\/p><p>\u201cFurthermore, the Committee encourages the Spanish authorities to pursue the law reform to ensure full compliance of the domestic legislation with the provisions of the Convention. In this regard, the Committee recommends that the law reform include the review of the language used in legal provisions and, in particular, the revision of article 154 of the Spanish Civil Code stating that parents \u2018may administer punishment to their children reasonably and in moderation\u2019, in order to bring it into full conformity with article 19.\u201d<\/p><p>&nbsp;<\/p><h3><em>European Committee of Social Rights<\/em><\/h3><p>(March 2020, Conclusions 2019)<\/p><p>\u201cThe Committee notes that corporal punishment continues to be prohibited in all settings, including in the home.\u201d<\/p><p>&nbsp;<\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(January 2016, Conclusions 2015)<\/p><p>\u201cThe Committee notes that corporal punishment continues to be prohibited in all settings, including in the home.\u201d<\/p><p>&nbsp;<\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(January 2012, Conclusions 2011)<\/p><p>\u201cIn its previous conclusion (Conclusions 2005) the Committee held that the situation in Spain was not in conformity with the Charter as corporal punishment was not prohibited in the home. The Committee notes that the report does not provide any information on this point.<\/p><p>\u201cHowever, the Committee notes from another source that corporal punishment is now prohibited in the home. The First Schedule to Law No. 54\/2007 on International Adoption amended the Civil Code to remove the \u2018right\u2019 of parents and guardians to use \u2018reasonable and moderate\u2019 forms of \u2018correction\u2019 from Articles 154 and 268 of the Civil Code. These Articles of the Code now state that parents\/guardians must exercise their authority with respect for the child\u2019s physical and psychological integrity. The explanatory memorandum to the law clarifies that the purpose of the amendment is to address the concerns of the UN Committee on the Rights of the Child that the \u2018power to correct\u2019 breaches Article 19 of the Convention on the Rights of the Child.<\/p><p>\u201cThe Committee considers that the amendments have brought the situation into conformity with the Charter.\u201d<\/p><p><em>\u00a0<\/em><\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(March 2005, Conclusions XVII-2)<\/p><p>\u201cWith regard to corporal punishment in schools and educational institutions, the 1985 Organic Law regulating the right to education grants pupils the right to their personal integrity and dignity. Pupils are also protected against all physical or moral aggression as a basic right. The Committee asks whether legislation prohibits corporal punishment of children in other institutions.<\/p><p>\u201cThe Committee notes that there has been no amendment to Article 154 of the Spanish Civil Code which reads that parents \u2018may administer punishment to their children reasonably and in moderation\u2019.<\/p><p>\u201cThe Committee recalls that Article 17 requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition must [be] combined with adequate sanctions in penal or civil law. Therefore, it considers that since there is no prohibition in legislation of corporal punishment in the home, the situation in Spain is not in conformity with Article 17 of the Charter.<\/p><p>\u2026<\/p><p>\u201cThe Committee concludes that the situation in Spain is not in conformity with Article 17 of the Charter on the ground that corporal punishment in the home is not prohibited.\u201d<\/p><p><em>\u00a0<\/em><\/p><p><em>European Committee of Social Rights<\/em><\/p><p>(1 January 2001, Conclusions XV-2 vol. 2, pages 536-538)<\/p><p>\u201cThe Committee notes from the Concluding Observations of the Committee on the Rights of the Child in respect of Spain\u2019s first report under the Convention on the Rights of the Child, that Article 154 of the Spanish Civil Code provides that parents \u2018may administer punishment to their children reasonably and in moderation\u2019. The Committee notes that this would permit the corporal punishment of children, which is in breach of Article 17 of the Charter and it refers to its general observations on Article 17 in the General introduction. The Committee wishes to know whether this provision of the Civil Code has been amended, and further whether legislation prohibits the corporal punishment of children in schools, institutions and elsewhere. Meanwhile, it defers its conclusion\u2026.<\/p><p>...<\/p><p>\u201cPending receipt of information on the corporal punishment of children, the Committee defers its conclusion.\u201d<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d7996950e3b4\">\n                <h3>Prevalence\/attitudinal research in the last ten years<\/h3><p>A 2009 study by the Defensor del Pueblo (ombudsman) of centres for children without parental care found that \u201cdisciplinary regimes\u201d varied widely between centres. While some centres applied positive disciplinary techniques, others relied more on punitive sanctions. In some centres, punishments included tying two children together, preventing children from attending school and isolating children. The report recommends increased regulation at a regional level and states that regulations must not directly or indirectly provide for corporal punishment or other types of punishment which violate children\u2019s rights.<\/p><p>(Defensor del Pueblo (2009), <em>Centros de Protecci\u00f3n de Menores con Trastornos de Conducta y en Situaci\u00f3n de Difficultad Social<\/em>)<\/p><p>A study carried out in 2007 examined five European countries: Sweden, Austria, Germany, France and Spain. Five thousand parents (1,000 in each nation) were interviewed about their use of and attitude towards corporal punishment, their own experiences of violence and their knowledge and beliefs about the law. More than half (55%) the Spanish parents said they had \u201cmildly\u201d slapped their child on the face, 80% on the bottom; 31% had given their child a \u201cresounding\u201d slap on the face, 6.7% had beaten their child with an object. Sixteen per cent of Spanish parents never used corporal punishment; 84% agreed \u201cone should try to use as little corporal punishment as possible\u201d, and 85% agreed that \u201cnon-violent child-rearing is the ideal\u201d.<\/p><p>(Bussmann, K. D. (2009), <em>The Effect of Banning Corporal Punishment in Europe: A Five-Nation Comparison<\/em>, Martin-Luther-Universit\u00e4t Halle-Wittenberg)<\/p>            <\/div>\n            <\/div>\n<\/div><\/div><\/div>\n\n                <\/section>\n            <\/div>\n                    <\/div>\n    \n","protected":false},"excerpt":{"rendered":"<p>Leer en espa\u00f1ol Country Report for Spain LAST UPDATED: July 2021 Summary Legality UPR Treaty bodies Research Law reform has been achieved. Corporal punishment is prohibited in all settings, including the home. Prohibition of corporal punishmentHomeCorporal punishment is prohibited in the home. The First Schedule to Law No. 54\/2007 on International Adoption amended the Civil [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":1301,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"class_list":["post-2336","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2336","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/comments?post=2336"}],"version-history":[{"count":9,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2336\/revisions"}],"predecessor-version":[{"id":21466,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2336\/revisions\/21466"}],"up":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1301"}],"wp:attachment":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/media?parent=2336"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}