Committee on the Rights of the Child, session 36 (2004)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 36th session

Dominica

(30 June 2004, CRC/C/15/Add.238, Concluding observations on initial report, paras. 28, 29, 46 and 48)

"The Committee is deeply concerned at the wide use of corporal punishment in the State party. It also notes with concern that corporal punishment is mentioned in the Education Act of 1997 and that the Magistrate Code of Procedure allows the whipping of a male child or a young person.

"The Committee recommends that the State party:

a) remove all provisions from laws that allow corporal punishment and explicitly prohibit corporal punishment by law in the family, schools and other institutions;

b) continue the constructive dialogue with political leaders and the judiciary with the aim of abolishing corporal punishment;

c) continue to strengthen public education campaigns among community leaders, school administrators and parents about the negative consequences of corporal punishment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment;

d) establish an effective mechanism, either separate or as a part of a mechanism that includes dealing with child abuse, to receive, monitor and investigate complaints, including intervening where necessary, and ensure that victims of corporal punishment have access to assistance for recovery….

"The Committee is concerned at the lack of juvenile courts and at the fact that children may be sentenced to a penalty at the ‘President’s pleasure’, to life imprisonment and to whipping in private.

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

b) abolish the sentences of whipping and life imprisonment…."

DPR Korea

(1 July 2004, CRC/C/15/Add.239, Concluding observations on second report, paras. 7, 36 and 37)

"The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.88) made upon the consideration of the State party’s initial report (CRC/C/3/Add.41) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, … corporal punishment (para.13) … have not been given sufficient follow-up. The Committee notes that these concerns and recommendations are reiterated in the present document.

"While welcoming the positive steps taken by the State party and the information that it has almost eliminated corporal punishment through, inter alia, public campaigns, the Committee remains concerned that owing to traditional customs, corporal punishment may still be practised and accepted in schools, families, and care institutions.

"The Committee encourages the State party to continue to reinforce its public awareness campaigns to promote positive, participatory and non-violent forms of discipline as an alternative to corporal punishment at all levels of society."

El Salvador

(30 June 2004, CRC/C/15/Add.232, Concluding observations on second report, paras. 35, 36, 43 and 44)

"The Committee is deeply concerned about the incidence of torture and ill-treatment and the generalized disrespect for fundamental human rights in centres for juvenile offenders in the State party….

"The Committee urges the State party to take immediate and effective measures to bring an end to the occurrence of torture and other cruel, inhuman and degrading treatment, in particular of juvenile offenders. The State party must ensure that:

a) the fundamental rights and guarantees of juveniles who have committed a criminal offence set out in the Juvenile Offenders Act are respected, in particular, the prohibition, under all circumstances, of inhuman or degrading disciplinary measures, including: corporal punishment, detention in dark cells or solitary confinement, reduction of food rations, denial of contact with relatives, collective punishment and punishment more than once for the same disciplinary offence….

"While welcoming the measures taken by the State party to combat domestic violence, the Committee remains concerned at persistent large-scale abuse and violence within the family as well as the prevalence of corporal punishment.

"The Committee recommends that the State party strengthen current efforts to address the problem of domestic violence and child abuse, including through:

a) ensuring the effective implementation of the Domestic Violence Act, including the elimination of corporal punishment;

b) public education campaigns about the negative consequences of ill-treatment and preventive programmes,"

France

(30 June 2004, CRC/C/15/Add.240, Concluding observations on second report, paras. 38 and 39)

"The Committee welcomes the fact that the State party considers corporal punishment totally unacceptable and inadmissible, however it remains concerned that corporal punishment is not explicitly prohibited in the family, in schools, in institutions and in other childcare settings.

"The Committee encourages the State party to expressly prohibit corporal punishment by law in the family, in schools, in institutions and in other childcare settings. It further recommends awareness-raising and promotion of positive, non-violent forms of discipline, especially in families, schools and care institutions in light of article 28, paragraph 2, of the Convention."

Liberia

(1 July 2004, CRC/C/15/Add.236, Concluding observations on initial report, paras. 42 and 43)

"The Committee is concerned about the incidence of abuse, including sexual and gender-based violence and neglect of children in the State party.

"The Committee recommends that the State party:

a) take all necessary measures to explicitly prohibit corporal punishment in all places, including in the family, in schools and other institutions and childcare settings…."

Myanmar

(30 June 2004, CRC/C/15/Add.237, Concluding observations on second report, paras. 7, 8, 38 and 39)

"The Committee is aware of the efforts undertaken by the State party to amend the Child Law (1993), in particular, the enactment of the Rules and Regulations related to the Child Law in 2001, in order to fully harmonize it with the provisions and principles of the Convention, but is of the view that the Child Law is still not in full compliance with the Convention. The Committee … remains concerned at the fact that the Village and Town Acts are still in existence. This concern is also reiterated regarding the existence of the Citizenship Act and the Whipping Act, despite previous recommendations of the Committee to amend or repeal them.

"In light of the previous recommendations (CRC/C/15/Add.69, para. 28), the Committee recommends that the State party:

b) repeal the Whipping Act and amend the Citizenship Act and the Village and Town Acts….

"The Committee is deeply concerned that article 66 (d) of the 1993 Child Law provides for possible ‘admonition by a parent, teacher, or other person having the right to control the child’ and that corporal punishment continues to be regarded as acceptable in society. The Committee is also concerned that the State party has not repealed the Whipping Act and that the orders prohibiting corporal punishment in schools do not seem to be effective.

"The Committee strongly recommends that the State party repeal article 66 (d) of the 1993 Child Law and prohibit corporal punishment in the family, the schools and other institutions, and undertake education campaigns to educate families and professionals on alternative forms of discipline."

Panama

(30 June 2004, CRC/C/15/Add.233, Concluding observations on second report, paras. 33, 34 and 40)

"While welcoming the prohibition of corporal punishment and other forms of violence against children by the adoption of the Law 38 on domestic violence and mistreatment of children and adolescents, which allows for the removal of the alleged perpetrator of violence against the child from the home, the Committee is concerned at the lack of specific measures for its full implementation.

"The Committee recommends that the State party takes the necessary measures:

a) for the full implementation of the Law 38, inter alia, through public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in the family, the schools and other institutions as an alternative to such punishment;

b) to strengthen complaints mechanisms for children in institutions to ensure that complaints of ill-treatment are dealt with effectively and in a child-sensitive manner by an independent body;

c) to ensure sufficient financial and other resources for the effective implementation of this law.

"The Committee reiterates the following recommendation to the State party:

a) that effective public awareness campaigns be developed and that measures be adopted to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against their children, including the use of corporal punishment…."

Rwanda

(1 July 2004, CRC/C/15/Add.234, Concluding observations on second report, paras. 34 and 35)

"The Committee notes that the Rwandan legislation does not include an explicit prohibition of corporal punishment and is concerned at the persistent practice of corporal punishment by parents, teachers and law enforcement officers.

"The Committee recommends that the State party:

a) introduce legislation explicitly prohibiting corporal punishment;

b) make 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 promote alternative, nonviolent forms of discipline, as foreseen in article 28, paragraph 2, of the Convention;

c) investigate in an effective way reported cases of ill-treatment of children by law enforcement officers and ensure that appropriate legal action is taken against alleged offenders; and

d) provide for the care, recovery and rehabilitation of child victims, in the light of article 39 of the Convention."

Sao Tome and Principe

(1 July 2004, CRC/C/15/Add.235, Concluding observations on initial report, paras. 33 and 34)

"The Committee is deeply concerned that corporal punishment in the family, in schools and other institutions occurs and is still lawful in certain circumstances. The Committee is further concerned that domestic legislation contains no definition of ill-treatment.

"The Committee recommends that the State party:

a) amend the current legislation to prohibit corporal punishment in all places, including in the family, in schools and other childcare settings;

b) amend the current legislation so as to provide a definition of what constitutes ill-treatment and to prohibit such practices in all settings;

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, in light of article 28(2) of the Convention."

This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.