Committee on the Rights of the Child, session 30 (2002)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 30th session

Belarus

(13 June 2002, CRC/C/15/Add.180, Concluding observations on second report, paras. 39 and 40)

"The Committee expresses its concern about the insufficient information and awareness of the ill-treatment and abuse of children in the home, in schools and in other institutions.

"In light of article 19 of the Convention and in line with its previous recommendation (ibid., para. 40), the Committee recommends that the State party: ...

d) prohibit all forms of corporal punishment at home, in schools and other institutions and develop measures to raise awareness on the harmful effects of corporal punishment, and 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…."

Belgium

(13 June 2002, CRC/C/15/Add.178, Concluding observations on second report, paras. 23 and 24)

"The Committee notes with satisfaction the numerous initiatives taken in the area of child abuse, including sexual abuse, such as the Law on the Criminal Protection of Minors (of 28 November 2000), amendments to the Criminal Code and the adoption of article 22 bis of the Constitution concerning the protection of the child’s moral, physical and sexual integrity. But it remains concerned that corporal punishment is not expressly prohibited by law.

"The Committee recommends that the State party:

a) take legislative measures to prohibit corporal punishment of children in the family, in schools and in institutions;

b) continue to carry out public education campaigns about the negative consequences of corporal punishment, and promote positive, non-violent forms of discipline;

c) establish effective procedures and mechanisms to receive, monitor and investigate complaints, and to intervene where necessary...."

Guinea-Bissau

(13 June 2002, CRC/C/15/Add.177, Concluding observations on initial report, paras. 4, 30 and 31)

"The Committee also welcomes: … the prohibition, under law, of corporal punishment in the family and schools and other contexts.

"The Committee is concerned that:

b) … corporal punishment is widely practiced in the family.

"The Committee recommends that the State party:

c) … combat the practice of corporal punishment of children in the family, including through the use of information campaigns on the harm it can cause and on the importance of alternative measures of discipline."

Niger

(13 June 2002, CRC/C/15/Add.179, Concluding observations on initial report, paras. 44 and 45)

"The Committee is concerned at the lack of awareness of and information on domestic violence, ill-treatment and abuse (sexual, physical and psychological) of children, and the insufficient financial and human resources allocated to programmes to combat the abuse of children.

"In the light of article 19, the Committee recommends that the State party:

b) prohibit corporal punishment at home, in schools, in institutions and in the penal procedures…."

Spain

(13 June 2002, CRC/C/15/Add.185, Concluding observations on second report, paras. 30 and 31)

"... the Committee deeply regrets that article 154 of the Civil Code, stating that parents ‘may administer punishment to their children reasonably and in moderation’, has not yet been revised….

"The Committee reiterates its previous recommendation to amend article 154 in order to delete the reference to reasonable chastisement. It further recommends that the State party:

a) prohibit all forms of violence, including corporal punishment, in the upbringing of children, in conformity with article 19 of the Convention;

b) conduct awareness campaigns and promote alternative forms of discipline in families."

St Vincent and the Grenadines

(13 June 2002, CRC/C/15/Add.184, Concluding observations on initial report, paras. 28, 29, 52 and 53)

"The Committee is deeply concerned that corporal punishment is widely practised in schools, in the administration of justice, in other institutions and within the family, and that it is regulated by law and used against children from an early age.

"The Committee recommends that the State party urgently:

a) prohibit through legislative and administrative provisions the use of corporal punishment in all contexts, including in schools, in the administration of justice, in other institutions and within the family;

b) make use of information and education campaigns to sensitize parents, professionals working with children and the public in general to the harm caused by corporal punishment and to the importance of alternative, nonviolent, forms of discipline, as provided for in article 28.2 of the Convention.

"While recognizing the State party’s efforts in this domain the Committee remains concerned that:

h) the Corporal Punishment of Juveniles Act allows for the caning of juveniles who have been found guilty of crime.

"The Committee recommends that the State party:

f) urgently prohibit the corporal punishment of children in the context of the juvenile justice system…."

Switzerland

(7 June 2002, CRC/C/15/Add.182, Concluding observations on initial report, paras. 32 and 33)

"While noting that corporal punishment is prohibited in schools, the Committee is concerned that according to the jurisprudence of the Federal Tribunal, corporal punishment is not considered as physical violence if it does not exceed the level generally accepted by society. In addition, the Committee is concerned that corporal punishment within the family is not prohibited under law.

"The Committee recommends that the State party explicitly prohibit all practices of corporal punishment in the family, schools and in institutions and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children’s rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28, paragraph 2."

Tunisia

(13 June 2002, CRC/C/15/Add.18, Concluding observations on second report, paras. 33 and 34)

"While noting the provision in the Code of Child Protection regarding ill-treatment (art. 24) and the relevant provision in the Penal Code (art. 224), as well as the Ministerial Circular of December 1997 banning all forms of corporal punishment and practices hurting the dignity of children, the Committee is concerned that, as noted by the delegation, corporal punishment is only a crime if it is prejudicial to the health of the child. It notes with concern that violence as a means of discipline in the home and at school continues to be acceptable in the State party. The Committee regrets that no follow-up to the Committee’s previous recommendation has been initiated to protect children from ill-treatment (ibid., para. 17). The Committee is furthermore concerned that there is insufficient information about and awareness of domestic violence and its harmful impact on children.

“The Committee urges the State party to:

a) take all legislative measures to prohibit in the most effective way possible all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, in the schools and in institutions;

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

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…."

United Arab Emirates

(13 June 2002, CRC/C/15/Add.183, Concluding observations on initial report, paras. 32, 33, 34 and 35)

"Contrary to article 37 (a) of the Convention, the Committee is seriously concerned that there is a possibility that persons under 18 may be subjected to judicial sanctions such as flogging.

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

"The Committee is concerned that there is insufficient information and awareness of the ill-treatment of children, including corporal punishment, 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 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, schools 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…."

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