Committee Against Torture, session 49 (2012)

Recommendations/observations on corporal punishment in the Committee Against Torture's concluding observations to states examined in session 49 (29 October - 23 November 2012)

Gabon

(17 January 2013, CAT/C/GAB/CO/1, Concluding observations on initial report, paras. 25 and 26)

"While taking note of the information provided by the State party’s delegation which indicates that children are safeguarded by the Minors Protection Code, by the law on domestic, school-related and institutional violence and by the awareness campaigns conducted in Libreville, Owendo, Makokou and Oyem on the worst forms of corporal punishment inflicted upon schoolchildren, the Committee is concerned by reports indicating that corporal punishment continues to be practised in homes and schools. (art. 16)

 The State party should takes steps to ensure the effective enforcement of its legislation in order to make certain that corporal punishment is not practised under any circumstances. It should also step up its campaigns aimed at raising public awareness about the harmful effects of corporal punishment and about the fact that it is prohibited.

"The Committee regrets … the fact that it does not have full, reliable information on … corporal punishment ....

The State party should compile statistics that can be used to assess the application of the Convention at the national level. ... Statistics should also be provided on … corporal punishment .…"

Peru

(21 January 2013, CAT/C/PER/CO/6, Concluding observations on fifth/sixth report, para. 20)

"The Committee is concerned that violence against children, including domestic and sexual violence, is widespread and that corporal punishment of children in the home, schools, penal institutions and care settings is not explicitly prohibited (arts. 2 and 16).

The Committee recommends that the Code on Children and Adolescents and the Penal Execution Code be amended to explicitly prohibit violence against children, and in particular sexual violence, and define corporal punishment in all settings as an offence under the law."

Qatar

(25 January 2013, CAT/C/QAT/CO/2, Concluding observations on second report, para. 12)

"While noting that the new Act regulating penitentiaries and correctional institutions (Act No. 3 of 2009) makes no provision for the use of flogging as a disciplinary sanction unlike the previous law (Act No. 3 of 1995), the Committee remains concerned that flogging and stoning continue to be punishments under article 1 of the Criminal Code. According to information before the Committee, and which the State party did not dispute, at least 45 people were given flogging sentences between 2009 and 2011 (art. 2).

The State party should put an end to its imposition of corporal punishment, which constitutes a breach of the Convention, and modify its legislation accordingly. The State party should ensure that criminal sanctions are in full conformity with the Convention."

Senegal

(17 January 2013, CAT/C/SEN/CO/3 Concluding observations on third report, para. 15)

"The Committee … remains concerned about the reported persistence of corporal punishment in Senegal (arts. 11 and 16).

The State party should: …

b) amend the Family Code, particularly article 285, to explicitly ban corporal punishment anywhere at all, including in the home, and punish offenders in accordance with the law, while offering legal protection and psychological help to child victims."

Tajikistan

(21 January 2013, CAT/C/TJK/CO/2, Concluding observations on second report, para. 16)

"The Committee is deeply concerned about the lack of any domestic legislation criminalizing acts of violence against women, despite the existence since 2009 of a draft law on ‘social and legal protection against domestic violence’; reports of high prevalence of domestic violence; difficulties in filing complaints; and the reluctance of law enforcement officials to intervene in such cases. It is further concerned about the lack of domestic legislation prohibiting corporal punishment of children, despite allegations of its widespread use in the family, schools and other educational establishments (arts. 2, 12, 13 and 16).

The State party should strengthen its efforts to prevent, combat and punish violence against women and children, inter alia, by: ...

c) adopting legislation to explicitly prohibit corporal punishment in all settings; ...

f) organizing awareness-raising campaigns on the negative impact of corporal punishment of children, as well on domestic and sexual violence."

Togo

(11 December 2012, CAT/C/TGO/CO/2, Concluding observations on second report, para. 19)

"The Committee is concerned that corporal punishment of children is prohibited in schools but not in social or family situations, where it is reported to be “common and socially acceptable provided that it remains proportionate” (art. 16).

The State party should amend its criminal legislation, particularly Act No. 2007-017 of 6 July 2007 on the Children’s Code, so as to prohibit and criminalize all forms of corporal punishment of children in all environments and contexts, in accordance with international standards."

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