Committee on the Rights of the Child, session 28 (2001)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 28th session

Cabo Verde

(7 November 2001, CRC/C/15/Add.168, Concluding observations on initial report, paras. 35 and 36)

"The Committee is concerned that corporal punishment is widely practiced in the home and in schools, and by the police forces against vulnerable groups such as street children.

"The Committee recommends that the State party:

a) take steps to end the practice of corporal punishment in schools and in the home;

b) conduct, inter-alia, awareness raising and education campaigns to change public attitudes;

c) provide training and information on alternative forms of non-violent, discipline, and ensure that these are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2…."

Cameroon

(12 October 2001, CRC/C/15/Add.164, Concluding observations on initial report, paras. 54 and 55)

"… The Committee is also concerned at the very high prevalence of violence and sexual abuse against children in schools.

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

f) monitor and enforce the ban of corporal punishment at schools and train teachers with alternative measures of discipline;

g) take measures against teachers who are violent and abusive against students…."

Gambia

(6 November 2001, CRC/C/15/Add.165, Concluding observations on initial report, paras. 32 and 33)

"The Committee expresses grave concern that corporal punishment is still practised and accepted in schools, families, and care and juvenile detention institutions, and as a punishment in the penal system.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment as a penal sanction within the juvenile justice system, in schools and care institutions, as well as in families. The Committee encourages the State party to reinforce its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society."

Kenya

(7 November 2001, CRC/C/15/Add.160, Concluding observations on initial report, paras. 33, 34 and 64)

"While the Committee notes that corporal punishment has been formally banned in schools (April 2001) as a matter of policy, it is deeply concerned that this form of punishment continues to be practised in schools, as well as in the juvenile justice system, in the family and in care institutions, with resulting cases of permanent injury and even death.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, in the juvenile justice system, in schools and care institutions, and in the family. The Committee also recommends that the State party monitor the ban on corporal punishment in schools. The Committee encourages the State party to reinforce its public awareness campaigns to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society.

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

e) abolish the use of corporal punishment in the juvenile justice system…."

Mauritania

(6 November 2001, CRC/C/15/Add.159, Concluding observations on initial report, paras. 29 and 30)

"The Committee is concerned that corporal punishment of children is widely practised in the family. It further notes that it is not expressly banned in schools and institutions.

"In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the State party to:

a) develop measures to raise awareness on the harmful effects of corporal punishment and engage in the promotion of alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention; and

b) explicitly prohibit corporal punishment in the family, in schools and in other institutions."

Oman

(6 November 2001, CRC/C/15/Add.161, Concluding observations on initial report, paras. 35 and 36, 47 and 48)

"The Committee welcomes the introduction of the new system for reporting incidents of child abuse and neglect and the establishment of the Family Counselling and Guidance Department. However, the Committee remains concerned that there is insufficient information and awareness in Oman of the ill-treatment and abuse of children within the family and institutions.

"The Committee recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;

b) take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family and in institutions;

c) carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment…

"Noting that the Organizational Statutes of the General Education Schools bans corporal punishment, the Committee remains concerned that this issue is not effectively addressed.

"The Committee recommends that the State party raise awareness of the negative impact of corporal punishment among teachers and other professionals working in schools, and take other appropriate measures for its prevention and elimination."

Paraguay

(6 November 2001, CRC/C/15/Add.166, Concluding observations on second report, paras. 31 and 32)

"The Committee is concerned that corporal punishment of children remains socially acceptable in Paraguay and that it is still practised in families, schools and other institutions.

"In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the State party to:

a) develop measures to raise awareness about the harmful effects of corporal punishment and encourage use of alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention; and

b) explicitly prohibit corporal punishment in the family, in schools and in other institutions."

Portgual

(6 November 2001, CRC/C/15/Add.162, Concluding observations on second report, paras. 26 and 27)

"Noting its 1995 concluding observations, the Committee is concerned that corporal punishment continues to be practiced within the family, there is a lack of legislation prohibiting such punishment, and that insufficient measures have been adopted to prevent corporal punishment in this context.

"The Committee recommends that the State party:

a) adopt legislation prohibiting corporal punishment in the family and in any other contexts not covered by existing legislation;

b) develop mechanisms to end the practice of corporal punishment, including the use of information campaigns targeting parents, teachers and children;

c) promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society;

d) develop mandatory reporting systems for professionals working with children who detect the use of corporal punishment in the family."

Qatar

(6 November 2001, CRC/C/15/Add.163, Concluding observations on initial report, paras. 43, 44, 45, 46, 53 and 54)

"The Committee is seriously concerned that, contrary to article 37 (a) of the Convention, under the 1994 Juvenile Act there is a possibility that persons under 18 may be subject to judicial sanctions such as flogging.

"The Committee recommends that the State party take immediate steps to ensure that the law prohibits the imposition of flogging and other forms of cruel, inhuman or degrading treatment or punishment on persons who may have committed crimes when they were under 18.

"The Committee is concerned that there is insufficient information about and awareness of the ill-treatment of children within the family and institutions.

"The Committee recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it; 

b) take legislative measures to prohibit all forms of physical and mental violence against children, including corporal punishment and sexual abuse in the family and in institutions; 

c) carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment…. 

"Noting the 1993 Ministerial Decree which bans corporal punishment in schools, the Committee remains concerned that this issue is not addressed effectively.

"The Committee recommends that the State party raise awareness of the negative impact of corporal punishment among teachers and other professionals working in schools, and take other appropriate measures to prevent and eliminate it."

Uzbekistan

(7 November 2001, CRC/C/15/Add.168, Concluding observations on initial report, paras. 39, 40, 45 and 46)

"The Committee is deeply concerned by numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, including for purposes of extorting confessions. The Committee deplores the insufficient efforts to investigate allegations of torture, as well as the failure to prosecute alleged perpetrators.

"In the light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169 of 17 December 1979, the Committee urges the State party to:

a) take all necessary effective steps to prevent incidents of ill-treatment from occurring;

b) implement the recommendations made by the Human Rights Committee (CCPR/CO/71/UZB), and the Committee against Torture (A/55/44, paras. 76-81);

c) provide the militia with training on how to deal with persons under 18;

d) ensure children are adequately informed of their rights when they are arrested and detained;

e) ensure that complaints procedures are simplified so that responses are appropriate, timely and child-sensitive, and provide rehabilitative support for victims.

"The Committee is concerned that there is insufficient information and awareness of the ill-treatment and abuse of children within the family, schools and institutions.

"The Committee recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address them;

b) take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in institutions, taking into account WHO’s ‘European Strategies and Recommendations for Child Protection’;

c) carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment…."

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