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[GENEVA, 24 May 2007] - Portugal has breached its human rights obligations by failing to ban all corporal punishment of children at home and in care, a rights watchdog has ruled. The European Committee of Social Rights said the country is in breach of its obligations under the European Social Charter. Article 17 of the European Social Charter requires a prohibition in legislation against any form of violence against children in all settings. The World Organisation Against Torture (OMCT) lodged a collective complaint against Portugal after the Portuguese Supreme Court decided, in April 2006, that "moderate punishments administered to the minor by the person entitled to do it and whose purpose is exclusively educational and adequate to the situation, are not unlawful." The case concerned an allegation of cruelty and ill treatment against children. OMCT's complained on the grounds that the new interpretation of the law, by Portugal's highest Court, amounts to a toleration of corporal punishment and sets a dangerous precedent. "OMCT is pleased with this decision, and we wish that, from now, Portugal will fully conform to its obligations under the European Social Charter by explicitly and effectively prohibiting all corporal punishment of children" said Cécile Trochu Grasso from OMCT. 'Portugal and the rest of Europe must take note' Peter Newell from the Global Initiative to End All Corporal Punishment of Children, said: "Hopefully, Portugal's parliamentarians will take note of this very clear decision. Changes to the Penal Code currently being discussed in the Parliament fail to give children full protection from corporal punishment and need amendment to satisfy Portugal's human rights obligations. "It is important that all the other European States parties to the European Social Charter which still fail to comply with article 17 reform their legislation in order to achieve the right of all European children to equal protection from being hit." OMCT originally lodged a complaint against Portugal in 2003, arguing that the law in question failed to protect children from corporal punishment and other humiliating treatment. However, in its response in June 2005, the European Committee of Social Rights decided that Portugal's caselaw did in fact prohibit all corporal punishment. Second Complaint OMCT complained again in 2006, but its second complaint was declared admissible. The Portuguese Government maintained that its Criminal Code explicitly prohibits violence against children. It added that the Criminal Code is currently being revised to establish a new offence, in articles 152 and 152A, for inflicting physical or psychological ill-treatment, including corporal punishment, in cases where the infliction is "intense or repeated". However, the new ruling by the European of Social Rights, who decided unanimously that Portugal does not ensure the satisfactory application of Article 17 has been welcomed as a significant step forward. In 2007, European countries such as Belgium, Czech Republic, France, Greece, Luxembourg, Malta, Poland, the Slovak Republic, Slovenia, Spain, Switzerland, Turkey and United Kingdom remain in breach of article 17 for not prohibiting all corporal punishment. The decision on complaint 34/2006 World Organisation Against Torture v. Portugal is now available on the Council of Europe website here Further information
pdf: http://www.omct.org/