Committee on the Rights of the Child, session 64 (2013)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 64th session

China

(29 October 2013, CRC/C/CHN/CO/3-4, Concluding observations on third/fourth report, paras. 6 and 7)

"The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2005 on its second periodic report (CRC/C/CHN/CO/2), notes with regret that some of the recommendations contained therein have not been fully addressed. 

"Recalling its previous recommendations, the Committee recommends that the State party take all necessary measures to address those recommendations that have not been implemented or not sufficiently implemented, and urges it to:  ...

c) explicitly prohibit by law corporal punishment in the family, schools, institutions and all other settings, including penal institutions."

Kuwait

(29 October 2013, CRC/C/KWT/CO/2, Concluding observations on second report, paras. 41 and 42)

"The Committee welcomes the information that corporal punishment of children is strictly prohibited in the school system and that clear instructions have been provided to all school staff in this respect. The Committee is however concerned that article 26 of Act No. 16/1960 (the Penal Code) provides for the right of a person to discipline a child, if that person is authorized by law to do so, on the condition that boundaries are maintained and the intention of the beating is directed solely towards disciplining, and that corporal punishment remains lawful in home and in alternative care settings. The Committee is further concerned that violence in schools, including the use of corporal punishment by teachers, has been increasing in all six governorates of the country. 

"In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to repeal article 26 of Act No. 16/1960 and prohibit corporal punishment unequivocally in all settings as it committed to do in 2010 in the framework of the universal periodic review (A/HRC/15/15, para. 79.10). The State party should also: 

a) introduce sustained public education, awareness-raising and social mobilization programmes, involving children, families, communities and religious leaders, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice; promote positive, non-violent and participatory forms of child-rearing and discipline; and establish a child-friendly complaints mechanism; 

b) take active measures to address violence in schools; and 

c) ensure the involvement and participation of the whole society, including children, in the design and implementation of preventive strategies against corporal punishment of children."

Lithuania

(30 October 2013, CRC/C/LTU/CO/3-4, Concluding observation on third/fourth report, paras. 24 and 25)

"The Committee takes note that the State party plans to introduce a full prohibition of corporal punishment under the draft Law on Child Protection. Nevertheless, the Committee is concerned that corporal punishment is currently lawful in the home and in alternative care settings. Although the existing legislation stipulates that acts of physical and mental torture and other cruel behaviour must be avoided in the home, the Committee is concerned that the relevant provision is not interpreted as prohibiting corporal punishment and that there is widespread acceptance of corporal punishment as a parenting technique. 

"The Committee draws the State party’s attention to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. The Committee urges the State party to ensure that the new legislation prohibits the use of all forms of corporal punishment in all settings, particularly the home and alternative care institutions, and provides for enforcement mechanisms, including appropriate sanctions in cases of violation. It further recommends that the State party strengthen and expand awareness-raising and education programmes and campaigns, in order to promote positive, non-violent and participatory forms of child rearing and discipline. "

Luxembourg

(29 October 2013, CRC/C/LUX/CO/3-4, Concluding observations on third/fourth report, paras. 3, 30 and 31)

"The Committee welcomes the adoption of the following legislative measures: ...

d) the Act of 16 December 2008 on support for children and the family establishing a legal framework for child welfare, creating the National Children’s Bureau (ONE), and expressly prohibiting corporal punishment.

"While welcoming the State party’s efforts to combat violence against children at school, on the Internet, and in other contexts, the Committee is concerned about the lack of information, including statistics, about the extent of violence against children in the family, including corporal punishment, in the State party. 

"Recalling the recommendations of the United Nations study on violence against children of 2006 (A/61/299), the Committee recommends that the State party prioritize the elimination of all forms of violence against children. The Committee further recommends that the State party take into account its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, and in particular, that it: 

a) develop a comprehensive national strategy to prevent and address all forms of violence against children, especially in the family, and promote alternative discipline strategies; 

b) adopt a national coordinating framework to address all forms of violence against children, including on the Internet; 

c) cooperate with the Special Representative of the Secretary-General on violence against children and other relevant United Nations institutions."

Monaco

(29 October 2013, CRC/C/MCO/CO/2-3, Concluding observations on second/third report, paras. 6, 7, 28 and 29)

"The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2001 on the State party’s initial report (CRC/C/15/Add.158), notes with regret that some of the recommendations contained therein have not been fully addressed.

"The Committee recommends that the State party take all necessary measures to address those recommendations from the concluding observations of the initial periodic report under the Convention that have not been implemented or sufficiently implemented, in particular with regard to … corporal punishment. 

"Despite the fact that the State party’s criminal law provisions prohibit different forms of violence against children, the Committee regrets that the State party continues to lack legislation explicitly prohibiting corporal punishment in all settings, including the home, institutions and all alternative care settings, as previously recommended by the Committee (CRC/C/15/Add.158, para. 27). 

"The Committee urges the State party to introduce provisions expressly prohibiting corporal punishment in all settings, and to strengthen its efforts to promote positive, non-violent and participatory forms of child-rearing and discipline."

Sao Tome and Principe

(29 October 2013, CRC/C/STP/CO/2-4, Concluding observations on second-fourth report, paras. 6 and 7)

"While welcoming the State party’s efforts to implement the Committee’s concluding observations of 1 July 2004 on the State party’s initial report (CRC/C/15/Add.235), the Committee notes with regret that some of the recommendations contained therein have not been fully addressed. 

"The Committee urges the State party to take all necessary measures to address the recommendations in the concluding observations (CRC/C/15/Add.235) that have not been implemented or sufficiently implemented, and in particular, it recommends and urges the State party to: …

d) amend the current legislation to explicitly prohibit corporal punishment in all settings, including in the home, schools and other childcare settings, defining what constitutes ill-treatment and prohibiting such practices in all settings; 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, in light of article 28, paragraph 2, of the Convention."

Tuvalu

(4 October 2013, CRC/C/TUV/CO/1 Advance Unedited Version, Concluding observations on initial report, paras. 35, 36, 62 and 63)

"The Committee is deeply concerned that the Constitution and the Penal Code allow parents and guardians to use corporal punishment to discipline children and that corporal punishment is still widely practiced in the homes and schools. The Committee is further concerned that Island Courts can authorize physical punishment as a criminal sentence. 

"With reference to the Committee’s general comment Nº 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to: 

a) undertake awareness-raising programmes, including campaigns, about the negative impact of corporal punishment on the psychological development of children, especially concerning their dignity, with a view to changing adult perceptions and societal attitudes towards corporal punishment;

b) bring all laws, policies, and regulations in full conformity with the Convention with a view to banning corporal punishment in all schools, homes and communities; 

c) abolish the physical punishment as a criminal sentence by the Island Courts; and

d) promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment and seek the assistance of UNESCO and UNICEF in this regard in order to build on other successful initiatives in the Pacific Region or elsewhere in the world. 

"The Committee is concerned that: ...

b) The Island Courts Act permits the court to order a parent or guardian to cane a child and that the Penal Code stipulates life imprisonment for child offenders; 

"The Committee strongly urges the State party to bring its juvenile justice system in full accordance with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Guidelines for Action on Children in the Criminal Justice System, and the Committee’s general comment No. 10 (2007). The Committee recommends in particular that the State party: ...

c) Repeal the provisions that allow corporal punishment and life imprisonment for child offenders…."

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