Committee Against Torture, session 52 (2014)

Recommendations/observations on corporal punishment in the Committee Against Torture's concluding observations to states examined in session 52 (28 April - 23 May 2014)

Lithuania

([May 2014], CAT/C/LTU/CO/3 Advance Unedited Version, Concluding observations on third report, para. 24)

"The Committee is concerned that corporal punishment of children is not prohibited in national law in the home and in alternative and day care settings. (arts. 2 and 16)

The State party should amend its national legislation to prohibit and criminalize all forms of corporal punishment of children in all environments and settings, in accordance with international standards, conduct public awareness-raising campaigns about its harmful effects, and promote positive non-violent forms of discipline as an alternative to corporal punishment."

Montenegro

([May 2014], CAT/C/MNE/CO/2 Advance Unedited Version, Concluding observations on second report, para. 21)

"While welcoming Montenegro’s commitment, made during the UPR, to explicitly prohibit corporal punishment of children in all settings (A/HRC/23/12/Add.1, para.21), the Committee notes that corporal punishment of children is not explicitly prohibited in the home and alternative care settings and that corporal punishment is still widely practised in society and acceptance as form of discipline in Montenegro. (art. 16)

The State party should adopt and implement legislation explicitly prohibiting corporal punishment in all settings, supported by the necessary awareness-raising and educational campaigns about the negative impact of corporal punishment on children."

Sierra Leone

(20 June 2014, CAT/C/SLE/CO/1, Concluding observations on initial report, paras. 27 and 30)

"The Committee is highly concerned at information indicating that cases of violence and deaths in custody have not been sufficiently investigated, including the death in custody of Lamin Kamara, allegedly as a consequence of torture. The Committee is also concerned at the alleged use of corporal punishment and solitary confinement for prisoners, as permitted by the Prison Ordinance Act of 1960 and the Prison Rules of 1961, as well as reduction in diet and the use of handcuffs and other means of restraint as a punishment (arts. 2, 11 and 16).

The State party should:

a) ensure that the Correctional Services Bill, aimed at replacing the Prison Ordinance Act of 1960 and the Prison Rules of 1961, is promptly adopted and complies with the commitment taken by the State delegation to eliminate corporal punishment and solitary confinement....

"While acknowledging that the current Correctional Services Bill includes the prohibition of corporal punishment in prisons and section 33 of the Child Rights Act 2007 prohibits torture and inhuman and degrading treatment of children, the Committee is concerned that corporal punishment has not yet been explicitly prohibited in the Child Rights Act or any other act in force and is culturally entrenched and lawful in all settings, including the home, schools, day care, alternative care settings and in penal institutions (art. 16).

The Committee reminds the State party of the commitment it made during the dialogue with the Committee and recommends that it take the necessary legislative measures to explicitly prohibit corporal punishment in all settings, conduct public awareness-raising campaigns about its harmful effects, and promote positive nonviolent forms of discipline as an alternative to corporal punishment."

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