CORPORAL PUNISHMENT: Full prohibition confirmed in Luxembourg

Summary: Luxembourg has joined the list of countries prohibiting by law all corporal punishment of children, including in the home. This brings the total number of countries worldwide which have achieved full prohibition to 25, including 20 Council of Europe member states.

Luxembourg has joined the list of countries prohibiting by law all corporal punishment of children, including in the home. The new law prohibits all physical violence and inhuman and degrading treatment within families and educative communities (Law on Children and the Family, adopted December 2008, article 2).

A review of the law, official statements and relevant parliamentary debate has confirmed that this is interpreted as prohibiting all corporal punishment, however light, including by parents.

Penal law in Luxembourg does not include a legal defence for the use of corporal punishment in childrearing, which means that provisions against assault in the Penal Code apply to children as to adults. During debate on the bill, it was argued that corporal punishment was already prohibited under the Penal Code. However, referring to the Council of Europe’s recommendation on prohibition of corporal punishment, MPs in parliament decided that it was necessary to confirm in the new law that corporal punishment of children within families is unlawful.

This brings the total number of countries worldwide which have achieved full prohibition to 25, including 20 Council of Europe member states.

For further information, see “Countdown to prohibition”, “States prohibiting”, and the detailed country report on Luxembourg.

Council of Europe recommendation 1666 (2004), Europe-wide ban on corporal punishment of children is available here. Information on the campaign to achieve prohibition in all 47 member states can be found here.

pdf: http://www.crin.org/docs/Luxembourg.pdf

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