Speech for Elocution
ITALY – COUNTRY REPORT
Summary of necessary legal reform to achieve full prohibition
Settings where explicit prohibition is necessary
Home, ?schools, ?penal institutions, ?alternative care settings
Is there a legal defence for corporal punishment which must be repealed?
Yes – The law confirms a right to correction (“jus corrigenda”). A 1996 Supreme Court ruling states that this cannot be used to defend the use of corporal punishment but this has not been confirmed in legislation. The near universal social acceptance of corporal punishment in childrearing necessitates clarity in law that no level of corporal punishment is acceptable. The “right to correction” should be explicitly repealed and prohibition enacted of all corporal punishment and other cruel or degrading forms of punishment, in the home and all other settings where adults have parental authority.
Other legislative measures necessary
Schools – The law should explicitly prohibit corporal punishment in all schools public and private. Penal institutions – The law should explicitly prohibit corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law. Alternative care settings – Explicit prohibition should be enacted in law of corporal punishment in all alternative care settings, including public and private day care, residential institutions, foster care, etc.
1
DETAILED COUNTRY REPORT
Legality of corporal punishment
Home In 1996, a Supreme Court judgment outlawed all violence in childrearing (Judge Ippolito, Supreme Court of Cassation, 18 March 1996). Article 571 of the Criminal Code (1975) states: “Whoever misuses means of correction or discipline to harm a person subject to his authority, or entrusted to him for purposes of education, instruction, treatment, supervision or custody … shall be punished.” The offence of abuse of correctional methods is applicable if there is a relationship of authority between the abuser and the
Summary of necessary legal reform to achieve full prohibition
Settings where explicit prohibition is necessary
Home, ?schools, ?penal institutions, ?alternative care settings
Is there a legal defence for corporal punishment which must be repealed?
Yes – The law confirms a right to correction (“jus corrigenda”). A 1996 Supreme Court ruling states that this cannot be used to defend the use of corporal punishment but this has not been confirmed in legislation. The near universal social acceptance of corporal punishment in childrearing necessitates clarity in law that no level of corporal punishment is acceptable. The “right to correction” should be explicitly repealed and prohibition enacted of all corporal punishment and other cruel or degrading forms of punishment, in the home and all other settings where adults have parental authority.
Other legislative measures necessary
Schools – The law should explicitly prohibit corporal punishment in all schools public and private. Penal institutions – The law should explicitly prohibit corporal punishment as a disciplinary measure in all institutions accommodating children in conflict with the law. Alternative care settings – Explicit prohibition should be enacted in law of corporal punishment in all alternative care settings, including public and private day care, residential institutions, foster care, etc.
1
DETAILED COUNTRY REPORT
Legality of corporal punishment
Home In 1996, a Supreme Court judgment outlawed all violence in childrearing (Judge Ippolito, Supreme Court of Cassation, 18 March 1996). Article 571 of the Criminal Code (1975) states: “Whoever misuses means of correction or discipline to harm a person subject to his authority, or entrusted to him for purposes of education, instruction, treatment, supervision or custody … shall be punished.” The offence of abuse of correctional methods is applicable if there is a relationship of authority between the abuser and the