Corporal punishment – physical, psychological or verbal violence used by adults for supposed educational purposes – remains legal in Belgium, a concept for which the state will soon face a challenge in court.
The legality and practice of this form of punishment, such as giving children a slap on the backside or on the cheek for misbehaving, violates their fundamental human rights. Under international human rights law, states must enact legislation to prohibit this form of punishment, but, in Belgium, such practices are not banned.
Despite various children's rights organisations sounding the alarm bells, Belgium remains one of the last European countries not to ban corporal punishment and humiliating treatment of children. For this reason, the Belgian branch of Defence for Children International (DCI) will be taking the State and its Justice Minister, Paul Van Tigchelt, to the Brussels Court of First Instance, Le Soir reported.
"The idea here is really to ask the Belgian state to do its job and change the Civil Code and not the Criminal Code, with the aim of pushing Belgium to put down a framework favourable to a change in mentalities and also to the well-being of children," Anna Rodriguez, a member of the NGO, said.
The organisation warned the Belgian State on its requirement to act a few months ago, but it received no response, which is why it has resorted to tougher measures.
No prison sentences for spanking
While spanking and slapping are the most common forms of corporal punishment, it can also take on the form of deprivation of food or affection, blackmail, threats of abandonment, shouting, insults or mockery. This has consequences for the development of the child both mentally and physically, but can also result in them reproducing violence.
Belgium is not totally permissive on these issues, as provisions in the Civil Code, the Criminal Code and even the Constitution allow certain violent behaviours to be prosecuted. Earlier this year, for example, a Belgian mother who slapped her 12-year-old son three years ago was fined €400 and sentenced to four months in prison.
However, specialists have argued that the law is too vague and remains open to interpretation. Bills have been tabled to correct these gaps in the Civil Code, but they have not been passed by the current government. According to DCI-Belgium, there is no significant progress, and the case is completely blocked.
Federal MP Karin Jiroflée, who is behind the two bills tabled in Belgium, explained that the bill would not necessarily allow the state to punish parents, but the idea is to inform parents of the fact that it is not permitted, as well as raise awareness and provide support. "It is more about changing attitudes on this subject."
Van Tigchelt's cabinet told The Brussels Times that the debate within parliament is continuing, but no timetable for a final law was put forward.
