The Law Banning Corporal Punishment: History and Implementation

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Is physical punishment legally prohibited in Germany? Learn about the law banning violent disciplinary methods, its history and legal provisions, how it is applied in families and schools, and what rights children have to a violence-free environment.

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When Was the Law Adopted?

In the year 2000, the German Parliament passed an important amendment to the German Civil Code (Bürgerliches Gesetzbuch – BGB). Section §1631 (2) BGB states:

“Kinder haben ein Recht auf eine gewaltfreie Erziehung. Körperliche Bestrafungen, seelische Verletzungen und andere entwürdigende Maßnahmen sind unzulässig.”

Meaning:
Children have a right to a non-violent upbringing. Physical punishment, psychological harm and other degrading measures are prohibited.

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What Does the Ban Cover?

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Objectives of the Law

• To protect the child’s dignity and ensure they grow up in a safe environment

• To gradually change educational culture from violence-based discipline to communication and dialogue

• To support parents with alternative parenting methods that do not rely on hitting or intimidation

• To strengthen the role of the Youth Welfare Office (Jugendamt) in intervening when domestic violence is present

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Are Parents Punished Directly?

Criminal penalties are not automatically imposed for every single incident of hitting.
However, in the case of:

• repeated violence,

• injury to the child, or

• a report filed by third parties (von Dritten),

the following bodies may intervene:

• Jugendamt (Youth Welfare Office): to assess the family situation and the child’s safety

• Police and public prosecutor: if there is a real danger or suspicion of a criminal offence

• Family Court (Familiengericht): to decide whether the child needs legal protection or temporary removal from the family

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What Role Do Schools and Kindergartens Play?

• Educators and teachers are strictly forbidden to use any form of physical punishment

• They must report immediately if they suspect that a child is being exposed to domestic violence or abuse

• They can organise classes and workshops on children’s rights and non-violent conflict resolution, helping to promote a culture of education without violence

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Has Social Awareness Changed Since the Law Was Introduced?

Yes – statistics and social research indicate:

• A significant decline in the number of parents who regard “hitting as an acceptable method of upbringing”

• Increased awareness of children’s rights and the importance of non-violent education

• A rise in reports of cases of domestic violence against children, which mainly reflects a stronger reporting culture and greater sensitivity to violence, not necessarily an increase in violence itself

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Educational Alternatives Recommended by Experts

• Positive communication (positive Kommunikation): listening to the child and respecting their feelings

• Clear yet respectful boundaries: being firm in rules without insulting or humiliating the child

• Positive reinforcement instead of punishment: rewarding and encouraging good behaviour instead of focusing solely on punishment

• Family counselling (Familienberatung): seeking support from counselling services when parents are under stress or face parenting difficulties

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Important German Terms

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The editorial team of this website strives to provide accurate information through intensive research and consultation of multiple sources. Nevertheless, errors or unverified details may occur. Therefore, please regard the information in this article as an initial reference only and always consult the competent authorities to obtain confirmed and legally binding information.