Committee on the Rights of the Child, session 32 (2003)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 32nd session

Czech Republic

(18 March 2003, CRC/C/15/Add.201, Concluding observations on second report, paras. 40 and 41)

"The Committee is concerned that there is no legislation explicitly prohibiting corporal punishment, and that it is practised in the family, in schools and in other public institutions, including alternative care contexts.

"The Committee recommends that the State party take action to address ill-treatment and abuse committed against children in the family, in schools, in the streets, in institutions and in places of detention through, inter alia:

f) taking all necessary steps to enact legislation prohibiting the use of corporal punishment in schools, institutions, in the family and in any other context;

g) making use of legislative and administrative measures, as well as public education initiatives to end the use of corporal punishment and ensuring this is adhered to….

i) taking into account the Committee’s recommendations adopted at its day of general discussion on ‘Violence against children within the family and in schools’ (CRC/C/111)."

Estonia

(17 March 2003, CRC/C/15/Add.196, Concluding observations on initial report, paras. 30 and 31)

"…The Committee also notes that all violence against children is prohibited. However, it remains concerned that there is still insufficient information on and awareness of the ill-treatment and abuse of children within the family, in schools and in institutions, as well as of domestic violence and its impact on children. Moreover, it is concerned that current efforts in this regard may have limited impact because of a lack of a comprehensive strategy and the inadequate allocation of resources.

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

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

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

j) take into account the Committee’s recommendations adopted at its day of general discussion on ‘Violence against children within the family and in schools’ (CRC/C/111)."

Haiti

(18 March 2003, CRC/C/15/Add.202, Concluding observations on initial report, paras. 3, 36 and 37)

"The Committee welcomes:

a) the adoption of the 2001 Law prohibiting the use of corporal punishment within the family and in schools….

"The Committee welcomes the Act prohibiting corporal punishment (August 2001) within the family and at schools, but remains concerned at the persistent practice of corporal punishment by parents or teachers and the ill-treatment of child domestics (restaveks). The Committee is further deeply concerned about instances of illtreatment of street children by law enforcement officers.

"The Committee recommends that the State party:

a) take all necessary measures for the effective implementation of the law prohibiting corporal punishment, in particular by making use of information and education campaigns to sensitize parents, teachers, other professionals working with children and the public at large to the harm caused by corporal punishment and to the importance of alternative, non-violent forms of discipline, as foreseen in article 28, paragraph 2, of the Convention;

b) investigate in an effective way reported cases of ill-treatment of children by law enforcement officers and ensure that alleged offenders are transferred from active duty or suspended while they are under investigation, dismissed and punished if convicted;

c) provide for the care, recovery and reintegration of child victims."

Iceland

(31 January 2003, CRC/C/15/Add.203, Concluding observations on second report, para. 29)

"The Committee recommends that the State party:

a) raise awareness among parents, other caretakers, and the public at large of the prohibition of corporal punishment – including in the family – under existing legal provisions;

b) continue to strengthen and expand the coverage of the Children’s House concept throughout the State party;

c) conduct 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…."

Italy

(18 March 2003, CRC/C/15/Add.198, Concluding observations on second report, paras. 43 and 44)

"The Committee … is concerned at the prevalence of bullying in schools and at the lack of consideration of the views of children within education.

"The Committee recommends that the State party: …

d) ensure that legislation throughout the State party reflects article 12 of the Convention and respects children’s rights to express their views and have them given due weight in all matters concerning their education, including school discipline."

Republic of Korea

(18 March 2003, CRC/C/15/Add.197, Concluding observations on second report, paras. 7, 38 and 39)

"The Committee regrets that most recommendations in the concluding observations (CRC/C/15/Add.51), adopted following its consideration of the State party’s initial report (CRC/C/8/Add.21), have been insufficiently addressed, particularly those regarding: ...

d) the prohibition of all forms of corporal punishment (para. 22)….

"The Committee notes with great concern that corporal punishment is officially permitted in schools. The Committee is of the opinion that corporal punishment does not conform with the principles and provisions of the Convention, particularly since it constitutes a serious violation of the dignity of the child (see similar observations of the Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.79, para. 36 [re UK]). The fact that the Ministry of Education guidelines leave the decision on whether to use corporal punishment in schools to the individual school administrators suggests that some forms of corporal punishment are acceptable and therefore undermines educational measures to promote positive, non-violent forms of discipline.

"The Committee recommends that the State party:

a) implement the recommendation of the National Human Rights Commission that the relevant legislation and regulations be amended to expressly prohibit corporal punishment in the home, schools and all other institutions;

b) carry out public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes to corporal punishment, and promote positive, non-violent forms of discipline in schools and at home as an alternative to such punishment."

Romania

(18 March 2003, CRC/C/15/Add.199, Concluding observations on second report, paras. 42 and 43)

"… [The Committee] is also concerned that corporal punishment and other forms of abuse and neglect continue to be practised in the family.

"The Committee recommends that the State party:

a) expressly prohibit corporal punishment in the home, school and institutions;

b) promote alternative methods of discipline;…

g) reinforce its efforts to prevent and combat domestic violence and abuse, including through awareness-raising campaigns designed to change public attitudes."

Viet Nam

(18 March 2003, CRC/C/15/Add.200, Concluding observations on second report, paras. 33 and 34)

"The Committee is concerned that children in the State party are subject to various forms of violence and illtreatment, including child abuse and neglect, and corporal punishment.

"The Committee recommends that the State party:

e) explicitly prohibit corporal punishment in the home, schools and all other institutions;

f) 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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