Committee on the Rights of the Child, session 37 (2004)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 37th session

Angola

(3 November 2004, CRC/C/15/Add.246, Concluding observations on initial report, paras. 32, 33, 36 and 37)

"The Committee is concerned at the common use of corporal punishment in families and in schools and other institutions for children.

"The Committee recommends that the State party take effective measures to enforce the ban on corporal punishment in schools and other institutions; to prohibit the use of violence against children, including corporal punishment, by parents and other caregivers; and to undertake campaigns to educate families, teachers, and other professionals working with and for children on alternative ways of disciplining children.

"The Committee is concerned about the growing cases of abuse and violence against children, including sexual abuse in their homes, in schools and in other institutions.

"The Committee recommends that the State party strengthen current efforts to address the problem of child abuse, including by ensuring that:

b) public education campaigns about the negative consequences of ill-treatment and preventive programmes, including family development programmes, promoting positive, non-violent forms of discipline are conducted…."

Antigua and Barbuda

(3 November 2004, CRC/C/15/Add.247, Concluding observations on initial report, paras. 35, 36 and 48)

"The Committee is seriously concerned about the Corporal Punishment Act and the 1973 Education Act which provides for corporal punishment, which is in clear contravention of article 19 of the Convention. The Committee is concerned that corporal punishment is still widely practised in the family, in schools and in other institutions.

"The Committee recommends that the State party:

a) consider the immediate repeal of, or amendment to, the Corporal Punishment Act and the Education Act;

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

c) conduct awareness-raising campaigns to inform the public about the negative impact of corporal punishment on children and actively involve children and the media in the process; and

d) ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society.

"The Committee recommends that the State party take the necessary measures to prevent child abuse and neglect by, inter alia:

a) carrying out public education campaigns that raise awareness of the consequences of ill-treatment of children and alternative measures of disciplining children, addressing sociocultural barriers that inhibit victims from seeking assistance...."

Botswana

(3 November 2004, CRC/C/15/Add.242, Concluding observations on initial report, paras. 36 and 37)

"The Committee notes with deep concern that corporal punishment is permissible under the State party laws and is used as a way of disciplining children at home, as a disciplinary measure by schools as stipulated in the Education Act and as a sanction in the juvenile justice system.

"The Committee strongly recommends that the State party take legislative measures to expressly prohibit corporal punishment in the family, schools and other institutions and to conduct awareness-raising campaigns to ensure that positive, participatory, non-violent forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2, as an alternative to corporal punishment at all levels of society."

Brazil

(1 October 2004, CRC/C/15/Add.241, Concluding observations on initial report, paras. 42 and 43)

"The Committee expresses its concern that corporal punishment is widely practised in the State party and that no explicit legislation exists in the State party to prohibit it. Corporal punishment is used as a disciplinary measure in penal institutions, ‘reasonable’ punishment is carried out in schools and ‘moderate punishment’ is lawful in the family.

"The Committee recommends that the State party explicitly prohibit corporal punishment in the family, school and penal institutions, and to undertake education campaigns that educate parents on alternative forms of discipline."

Croatia

(3 November 2004, CRC/C/15/Add.243, Concluding observations on second report, paras. 49 and 50)

"The Committee welcomes the adoption of the Law on the Protection against Domestic Violence (2003), which prohibits corporal punishment within the family, and of various other legal instruments to prevent and combat domestic violence (e.g. Criminal Code, Family Act) but remains concerned about incidents of domestic violence.

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

a) undertake a comprehensive study on violence, more particularly, on sexual abuse and violence at home and in school, in order to assess the extent, the causes, scope and nature of these violations;

b) strengthen awareness-raising and education campaigns with the involvement of children in order to prevent and combat child abuse and to promote positive, non-violent forms of discipline and respect for children’s rights, while raising awareness about the negative consequences of corporal punishment…."

Equatorial Guinea

(3 November 2004, CRC/C/15/Add.245, Concluding observations on initial report, paras. 34 and 35)

"The Committee is concerned that corporal punishment is not expressly prohibited by law and is widely practised and socially accepted. It also notes with concern the lack of available data on ill-treatment of children, including corporal punishment, beating and depriving children of their liberty as a punishment.

"The Committee recommends that the State party:

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

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;

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

Kyrgyzstan

(3 November 2004, CRC/C/15/Add.244, Concluding observations on second report, paras. 37, 38, 43, 44, 45 and 46)

"The Committee is concerned that persons below 18 allegedly continue to be subjected to torture and cruel treatment, in many cases when in police custody or awaiting trial….

"The Committee recommends that the State party:

a) undertake all necessary measures to prevent acts of torture and inhuman or degrading treatment or punishment, in particular through training of the police forces;

b) take measures to investigate, prosecute and sanction those involved in committing acts of torture and inhuman or degrading treatment or punishment against children and young persons….

"While commending the State party for the adoption of the Law on Protection from Violence (2003), the Committee expresses its concern about the abuse and neglect that take place in families, in particular with regard to children and against adolescent girls….

"The Committee recommends that the State party:

a) enforce and closely monitor the Law on Protection from Violence;

b) carry out effective public-awareness campaigns and adopt measures to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against children, including the use of corporal punishment….

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

"The Committee urges 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."

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