Penal institutions - Prohibition of corporal punishment should be enacted in legislation relating to disciplinary measures in all institutions accommodating children in conflict with the law.

### Current legality of corporal punishment

#### Home

Corporal Corporal punishment is lawful in the home. Articles 512-525 of the Penal Code 2009 punish crimes against children but corporal punishment is not included. The Code punishes domestic violence, including 'whoever submits his spouse, child or other person living in the same household to cruel, inhuman or degrading treatment' (art. 535), bu t this is not interpreted as prohibiting all corporal punishment in childrearing. Parental authority is regulated in the Code on the Person and the Family 1993: it is silent on the issue of child discipline. The Code of Persons and of the Family was under 2 revision in 2016; we have no further information. The Convention on the Rights of the Child has been incorporated into national legislation through article 19 of the Constitution 2005, which states: 'The rights and duties proclaimed and guaranteed, inter alia, by the Universal Declaration of Human Rights, the International Covenants on human rights and the rights of peoples, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child shall form an integral part of the Constitution of the Republic of Burundi. These fundamental rights may not be the subject of any restriction or derogation, except in certain circumstances justifiable by the general interest of the protection of a fundamental right.' Article 21 of the Constitution provides for respect for human dignity: 'Human dignity is respected and protected. Any violation of human dignity is punishable under the Criminal Code.' Article 25 protects physical integrity: 'Every woman and man has the right to life, security of person and physical integrity. No one may be subjected to torture or cruel, inhuman or degrading treatment or punishment.' Article 44 protects children from 'ill - treatment, abuse or exploitation'. In reporting to the Universal Periodic Review in 2012, the Government implied that corporal punishment 3 is prohibited in all settings, including in families. However, there is no explicit prohibition of corporal punishment in domestic legislation. Drafting of a Code of Child Protection has been under way since 2010 and is still under discussion. In November 2014 the draft was undergoing technical validation and did not include prohibition of corporal punishment. Reporting to the Committee on the Elimination of Discrimination Against Women in 2016, the Government stated that a Code on Children's Rights was being prepared - it 4 seems this referred to the same text. In February 2017 the draft Code of Child Protection did not include prohibition; however during a Government-organised workshop on its drafting, it was suggested to include a provision prohibiting corporal punishment. This provision now needs to be validated for inclusion by the Government, before the finalised draft is presented to the National 5 Assembly. As of November 2018, the Code was still being discussed. The Government signalled its commitment to achieve prohibition by accepting recommendations to prohibit all forms of corporal punishment of children - made during the Universal Periodic Review of Burundi in 2018 and 2023. At the fourth UPR cycle in 2023, in supporting a recommendation to end all corporal punishment, the Government stated that it will expedite the revision of the Persons and Family Code, develop a