Committee on the Rights of the Child, session 40 (2005)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 40th session

Algeria

(12 October 2005, Concluding observations on second report, CRC/C/15/Add.269, paras. 41 and 42)

"The Committee notes with concern that corporal punishment is lawful in the home and that, according to a survey in 1999, it is widely accepted in society as a form of discipline. The Committee also notes with concern the lack of an explicit prohibition of corporal punishment in alternative care settings. Notwithstanding the fact that corporal punishment is prohibited in schools, the Committee remains concerned that it is still used as a disciplinary measure.

"The Committee urges the State party to adopt legislation explicitly prohibiting corporal punishment in the home, in public and private alternative care, in schools and in all other settings, and to conduct public education and awareness-raising campaigns promoting children’s right to protection from all forms of violence as well as alternative, participatory, non-violent forms of discipline. In addition, the Committee recommends that the State party improve the effectiveness of the monitoring system in order to ensure that abuse of power by teachers or other professionals working with and for children does not take place in schools or other institutions."

Australia

(20 October 2005, Concluding observations on second and third report, CRC/C/15/Add.268, paras. 5, 35 and 36)

"The Committee notes with satisfaction that most of its concerns and recommendations (CRC/C/15/Add.79) made upon the consideration of the State party’s initial report (CRC/C/8/Add.31) in 1997 have been addressed. However, it notes that some concerns and recommendations have been insufficiently or partly addressed regarding, inter alia, ... corporal punishment....

"The Committee notes with concern that corporal punishment in the home is lawful throughout Australia under the label “reasonable chastisement” and other similar provisions in states’ legislation. Furthermore, the Committee is concerned that while corporal punishment has been prohibited in government schools and some private ones in most states and territories, it is still lawful in many private education institutions and in both government and private schools in South Australia and the Northern Territory.

"The Committee recommends that the State party:

a) take appropriate measures to prohibit corporal punishment at home and in public and private schools, detention centres and all alternative care settings in all states and territories;

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

China

(24 November 2005, Concluding observations on second report on China (including Hong Kong and Macau Special Administrative Regions), CRC/C/CHN/CO/2, paras. 46, 47 and 48)

"The Committee is concerned that in mainland China the existing regulations banning corporal punishment in schools are unevenly implemented. It is also concerned that corporal punishment in the home is not banned and continues to be socially acceptable.

"The Committee is concerned that corporal punishment within the family is not prohibited by law and continues to be practised in the home in the Hong Kong and Macau SARs.

"The Committee urges the State party, in all areas under its jurisdiction:

a) to explicitly prohibit by law corporal punishment in the family, schools, institutions and all other settings, including penal institutions;

b) to expand public education and awareness-raising campaigns, with the involvement of children, on alternative non-violent forms of discipline in order to change public attitudes about corporal punishment."

Russian Federation

(23 November 2005, CRC/C/RUS/CO/3, Concluding observations on third report, paras. 7, 36, 37, 46 and 47)

"The Committee regrets that some of the concerns it expressed and the recommendations it made (CRC/C/15/Add.110) after its consideration of the State party’s second periodic report (CRC/C/65/Add.5) have not been sufficiently addressed, inter alia those concerning ... protection from torture and corporal punishment....

"The Committee is concerned that corporal punishment is not prohibited in the family and in alternative care settings. It is also concerned that corporal punishment of children remains socially acceptable in the State party and it is still practised in families and in places where it has been formally prohibited, such as schools.

"The Committee urges the State party to:

a) to explicitly prohibit by law all forms of corporal punishment in the family and in alternative care settings;

b) to prevent and combat the practice of corporal punishment of children in the family, in schools and other institutions by effectively implementing legislation;

c) to conduct awareness-raising and public education campaigns against corporal punishment and promote non-violent, participatory forms of discipline.

"The Committee is concerned at reports that a large number of children in institutions are subject to abuse by their educators. The Committee is also concerned that abused children who are exposed to violence within the family and in institutions do not always receive sufficient care and assistance and that not enough is being done with regard to prevention (and prevention interventions) and awareness arising in this area.

"The Committee recommends that the State Party continue to strengthen its efforts to provide adequate assistance to children who are exposed to violence within the family and in institutions, including through: ...

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

Uganda

(23 November 2005, Concluding observations on second report, CRC/C/UGA/CO/2, paras. 39 and 40)

"While taking note that corporal punishment is prohibited in schools by a circular of the Ministry of Education, and in the penal system under the Children’s Act, the Committee remains concerned that corporal punishment is still traditionally accepted and widely practised in the family and in other settings.

"The Committee recommends that the State party explicitly prohibit by law all forms of corporal punishment in all settings, including in the family, the schools and alternative childcare, and implement those laws effectively. It also recommends that the State party conduct awareness-raising campaigns to ensure that alternative forms of discipline are used, in a manner consistent with child’s human dignity and in conformity with the Convention, especially article 28, paragraph 2."

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