Committee on the Rights of the Child, session 26 (2001)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 26th session

Egypt

(21 February 2001, CRC/C/15/Add.145, Concluding observations on second report, paras. 37 and 38)

"In light of articles 19 and 39 of the Convention, the Committee is concerned at the incidence of ill-treatment of children in schools despite its prohibition, and within the family. It is further concerned that domestic violence is a problem in Egypt and that this has harmful consequences on children.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, the schools, and in care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children, and the promotion of positive, nonviolent forms of discipline as an alternative to corporal punishment…."

Ethiopia

(21 February 2001, CRC/C/15/Add.144, Concluding observations on second report, paras. 6, 38 and 39)

"The Committee notes the interim prohibition by the Ministry of Education of the use of corporal punishment by schools….

"While noting the Ministry of Education’s interim measures prohibiting the use of corporal punishment in schools, the Committee remains concerned that, in practice, corporal punishment remains common in schools and in the context of the family.

"In the light of article 28.2 of the Convention, the Committee recommends that the State party permanently prohibit all forms of corporal punishment, including the context of the school and the family, inter alia, through the enforcement of appropriate legislation, through awareness raising activities for parents, teachers and other relevant groups and through the training of teachers in alternative disciplinary sanctions which are not harmful to children. The Committee recommends that, for this purpose, the State party consider taking advantage of the current drafting of a new penal code. The Committee recommends, in addition, that children be provided with mechanisms through which they can report and complain of corporal punishment practices."

Latvia

(21 February 2001, CRC/C/15/Add.142, Concluding observations on initial report, paras. 27 and 28)

"While noting that the Law on the Protection of the Rights of the Child of 1998 explicitly prohibits corporal punishment, the Committee expresses its concern at the still widespread use of corporal punishment, in particular within the family and in school and other institutions.

"In light of articles 19 and 28(2) of the Convention, the Committee encourages the State party to develop measures to raise awareness on the harmful effects of corporal punishment and to promote alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention. It also recommends the effective enforcement of the ban on corporal punishment in school and other institutions."

Lesotho

(21 February 2001, CRC/C/15/Add.147, Concluding observations on initial report, paras. 31, 32, 61 and 62)

"While noting that corporal punishment is prohibited by law in schools, the Committee remains concerned that the practice continues to be widespread in schools and in the family, in the care and juvenile justice systems and generally in society. The Committee is concerned, in particular, that corporal punishment of children is accepted among the public at large.

"The Committee recommends that the State party take measures to implement effectively legislation prohibiting corporal punishment in schools and in care and juvenile justice institutions, and consider prohibiting corporal punishment in the family. The Committee recommends, in addition, that the State party raise awareness of the negative effects of such punishment and ensure that discipline in families, schools and all institutions is administered in a manner consistent with the child’s dignity and in conformity with the Convention. The Committee recommends, further, that the State party promote the use of alternative disciplinary measures, in accordance with the principles and provisions of the Convention.

"While the Committee notes that a juvenile justice system has been established in the State party, the Committee remains concerned at: ...

k) the legality of corporal punishment as a penalty for boys who have committed criminal offences under the Criminal Procedure and Evidence Act 1981…

"The Committee recommends that the State party: ...

b) amend the law as soon as possible in order abolish the sanction of flogging for juvenile delinquents and, in the meantime, provisionally suspend the application of this form of sanction."

Lithuania

(21 February 2001, CRC/C/15/Add.146, Concluding observations on initial report, paras. 25 and 26)

"The Committee expresses its concern at the widespread use of corporal punishment, in particular within the family and in institutions, due to the generally tolerant attitude towards this practice. Further, it notes the lack of data and information available on this topic.

"In light of articles 19, 28(2) and 37 of the Convention, the Committee recommends that the State party adopt appropriate legislative measures to explicitly prohibit the use of any form of corporal punishment within the family. It also encourages the State party to develop measures to raise awareness on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice. The State party should promote alternative forms of discipline in families, schools and other institutions, administered in a manner consistent with the child’s dignity and in conformity with the Convention. The Committee also recommends that the ban on corporal punishments in schools and other institutions be enforced."

Palau

(21 February 2001, CRC/C/15/Add.149, Concluding observations on initial report, paras. 44 and 45)

"The Committee notes that the Master Plan for Education (2000) is aimed, inter alia, at strengthening the network of guidance and counselling and at discouraging and preventing the use of physical punishment at both the primary and secondary school levels. The Committee is concerned, however, that corporal punishment is still practised and widely accepted in the State party and that domestic legislation generally does not prohibit and eliminate its use in homes and schools.

"The Committee recommends that the State party take all appropriate measures, including of a legislative nature, to prohibit and eliminate all forms of corporal punishment in schools and in homes. The Committee further suggests that awareness raising and education campaigns be conducted to change public attitudes and ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2."

Saudi Arabia

(22 February 2001, CRC/C/15/Add.148, Concluding observations on initial report, paras. 33, 34, 35 and 36)

"In light of article 37 (a) of the Convention, the Committee is seriously concerned that persons under 18 may be subject while in detention to corporal punishment, such as flogging, under article 28 of the 1977 Detention and Imprisonment Regulations. It is also disturbed that persons who committed crimes when they were under 18 may be sentenced to a variety of methods of cruel, inhuman or degrading treatment or punishment such as flogging, stoning and amputation, which are systematically imposed by judicial authorities. The Committee finds that application of such measures is incompatible with the Convention…

"The Committee recommends that the State party take all necessary steps to end the imposition of corporal punishment, including flogging and other forms of cruel, inhuman or degrading treatment and punishment on persons who may have committed crimes when they were under 18. It also recommends that the State party take all appropriate measures to ensure that law enforcement officials respect and protect human dignity and maintain and uphold the human rights of all persons in the course of their duties. 

"In light of articles 19 and 39 of the Convention, the Committee is concerned at the incidence of ill-treatment of children in schools and within the family. It is further concerned that domestic violence is a problem in Saudi Arabia and that this has harmful consequences on children.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, the schools and care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children and the promotion of positive, non-violent forms of discipline as an alternative to corporal punishment…."

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