Committee on the Rights of the Child, session 35 (2004)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 35th session

Armenia

(26 February 2004, CRC/C/15/Add.225, Concluding observations on second report, paras. 39 and 40)

"While taking note that the Children’s Rights Act and the Criminal Code include provisions which protect children against violence and abuse, the Committee reiterates its concern that the State party has not yet introduced legislative and other measures which specifically address the issue of violence against children. The Committee is concerned about the lack of data on cases of abuse, including sexual abuse and neglect, and illtreatment of children, which may occur in child institutions and families, as well as information on specific programmes of systematic control of mechanisms in place to avoid institutional impunity in cases of abuse and ill-treatment. It is also concerned at the lack of complaints mechanisms to which children could have recourse and the fact that only medical professionals are responsible for reporting cases of abuse and neglect.

"The Committee encourages the State party to adopt specific legislation and take other measures to prevent violence against children in all circumstances, including corporal punishment. It also recommends that the State party strengthen programmes for the recovery and reintegration of abused children and establish adequate procedures and mechanisms to receive complaints and to monitor, investigate and prosecute cases of illtreatment. The Committee urges the State party to ensure that all people working with children, such as teachers and care personnel, are made responsible for reporting cases of abuse and neglect. The Committee recommends that the State party launch awareness-raising campaigns on the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the family, schools and other institutions and ensure that all people working with children, including law enforcement officials, judges and health professionals, undergo training in how to identify, report and manage cases of ill-treatment."

Germany

(26 February 2004, CRC/C/15/Add.226, Concluding observations on second report, para. 40)

"The Committee welcomes the introduction in 2000 of the law to prohibit violence in the upbringing of children, which prohibits corporal punishment within the family, and of various other legal instruments to fight against domestic violence (e.g. 2002 Act for Further Improving Children’s Rights) but remains concerned that there is a lack of comprehensive data and information on the impact of the new legislation…."

Guyana

(26 February 2004, CRC/C/15/Add.224, Concluding observations on initial report, paras. 31 and 32)

"The Committee expresses its concern at the fact that corporal punishment is still widely practised in the family, in schools, and in institutions, and that domestic legislation does not prohibit its use.

"The Committee recommends that the State party:

a) expressly prohibit corporal punishment by law in the family, schools and other institutions;

b) conduct awareness-raising campaigns to 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 article 28(2);

c) seek international technical assistance from, among others, UNICEF in this regard."

India

(26 February 2004, CRC/C/15/Add.228, Concluding observations on second report, paras. 44 and 45)

"The Committee notes the decision of the New Delhi High Court of December 2000 regarding prohibition of corporal punishment in the schools under its jurisdiction, but remains concerned that corporal punishment is not prohibited in the schools of other states, in the family, nor in other institutions for children, and remains acceptable in society.

"The Committee strongly recommends that the State party prohibit corporal punishment in the family, in schools and other institutions and undertake education campaigns to educate families, teachers and other professionals working with and/or for children on alternative ways of disciplining children."

Indonesia

(26 February 2004, CRC/C/15/Add.223, Concluding observations on second report, paras. 43, 44 and 61)

"The Committee is deeply concerned that corporal punishment in the family and in schools is widespread, culturally accepted and still lawful.

"The Committee recommends that the State party:

a) amend its current legislation to prohibit corporal punishment everywhere, including in the family, schools and childcare settings;

b) 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.

"… the Committee is very concerned: ...

e) at the high incidence of violence against children in the schools, including bullying and fighting among students, and that no specific law exists to regulate school discipline and protect children against violence and abuse in the school."

Japan

(26 February 2004, CRC/C/15/Add.231, Concluding observations on second report, paras. 35 and 36)

"The Committee notes with concern that corporal punishment, although legally prohibited in schools, is widely practised in schools, institutions and the family.

"The Committee recommends that the State party:

a) prohibit corporal punishment in institutions and the home;

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

c) strengthen complaints mechanisms for children in institutions and schools to ensure that they deal with complaints of ill-treatment effectively and in a child-sensitive manner."

Netherlands

(26 February 2004, CRC/C/15/Add.227, Concluding observations on second report, paras. 43 and 44)

"… The Committee is also concerned that there is no legal prohibition on corporal punishment in the family.

"The Committee recommends that the State party:

d) explicitly prohibit corporal punishment in law throughout the State party and 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."

Papua New Guinea

(26 February 2004, CRC/C/15/Add.229, Concluding observations on initial report, paras. 37 and 38)

"The Committee is deeply concerned that corporal punishment of children is rather widespread in the State party and not prohibited by law.

"The Committee recommends that the State party:

a) Carry out public education campaigns about the negative consequences of corporal punishment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment;

b) Expressly prohibit corporal punishment by law in the family and other institutions."

Slovenia

(26 February 2004, CRC/C/15/Add.230, Concluding observations on second report, paras. 40 and 41)

"The Committee is concerned that there is no legislation explicitly prohibiting corporal punishment within the home and that the latest draft amendments to the Marriage and Family Relations Act do not envisage such a prohibition.

"The Committee recommends that the State party strengthen its efforts to address ill-treatment of children in the family, including by raising awareness of alternative non-violent forms of discipline through public campaigns. The Committee also urges the State party to consider introducing an explicit prohibition on corporal punishment of children in the family, either in the draft amendments to the Marriage and Family Relations Act or in the special act on preventing violence in the family currently in preparation."

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