Verso una proibizione delle punizioni corporali su bambini e adolescenti. Norme e raccomandazioni internazionali e la posizione dell’Italia

Abstract

The article updates on international norms and recommendations about the prohibition of corporal punishments on children, namely within the family. Following international campaigns promoted by the United Nations and other international bodies, the number is increasing of states that explicitly prohibit corporal punishments in any context, including the family. The article discusses the reasons for such a ban, based on the recognition of the child’s dignity rights. Italy does not provide an explicit prohibition of violent punishment in the family,although since 1996 courts have consistently stated they are illegal. The point remains however ambiguous as to the existence of an “educational purpose” defence. Both legal and pedagogical considerations suggest Italy should remove any defence and sanction the recourse to the violent punishement of children in the family by enacting a law.