Henvendelse fra organisasjonen End Corporal Punishment om klapsing av barn

H.E. Mr. Knut Storberget, Minister of Justice
The Ministry of Justice and the Police
Postboks 8005 Dep
N-0030 OSLO

December 21 2005

I guess that many Norwegians were as shocked as I was to hear of the Supreme Court's recent decision, which holds that Norwegian law allows parents to use lighter forms of physical punishment. The Children's Ombudsman has shared with me his letter to you (I act as an Adviser to the European Network of Ombudspeople for Children). I have also heard that you have since indicated in a broadcast that you hope Norway will legislate to outlaw all smacking.

I just wanted to emphasise how important it is for the campaign against all corporal punishment of children, across Europe and beyond, that law reform is implemented as quickly as possible to ensure that all corporal punishment is prohibited and that children have the same protection as adults under the law on assault.

As you will know, the Committee on the Rights of the Child has consistently interpreted the Convention on the Rights of the Child as requiring prohibition of all corporal punishment, however light, and has particularly criticised legal provisions, such as those in the UK, which justify some level of violence against children. I note that Norway's first report to the Committee, back in 1993, stated (para. 239): "The general provisions of the Penal Code concerning bodily harm also apply to children. Violence against children and other violations of their physical integrity are punishable pursuant to these provisions. Moreover, corporal punishment is not permitted in connection with child-rearing. Section 30 of the Children's Act expressly states that the child must not be subjected to violence or in any other way be treated so as to endanger his mental and physical health."

I and other campaigners on this issue have long promoted Norway, along with Sweden, Finland and a few other European countries, as the pioneers in prohibiting all physical punishment of children. I know that Norway is prominently involved in

supporting the Council of Europe's new programme on children's rights including the right to protection from all forms of violence, and that working towards a corporal-punishment-free Europe is one of the aims of the project.

Prohibiting and eliminating all corporal punishment is also being pursued in the context of the current UN Secretary General's Study on Violence against Children and I know that Ragne Birte Lund, in her role as Ambassador for Children, has been promoting this particular aim in discussion with other states.

It would be very valuable, in the light of the Supreme Court's decision, to have a clear statement from the Norwegian Government that it intends to introduce legislation to Parliament at the first opportunity to clarify that children do have equal protection under the law on assault and that no form of physical punishment is permitted.

If there is any way I can assist with information on laws in other states, do please let me know.

With all good wishes,

Yours sincerely,

Peter Newell

Coordinator

peter@endcorporalpunishment.org

Also sent to:

H. E. Ms. Karita Bekkemellem,
Ministry of Children and Family Affairs
Ragne Birte Lund
Ambassador

http://www.endcorporalpunishment.org/

Oppdatert: 28.02.2008 15:22