Committee on the Rights of the Child, session 66 (2014)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 66th session

India

(7 July 2014, CRC/C/IND/CO/3-4, Concluding observations on third/fourth report, paras. 47, 48, 50 and 56)

"The Committee notes the legal prohibition of corporal punishment in all educational and care institutions. However, it remains concerned that:

a) such prohibition in educational institutions only applies to children between 6 and 14 years;

b) corporal punishment is still lawful in non-institutional care settings;

c) corporal punishment as a disciplinary measure and as a sentence for a crime is not prohibited throughout the State party;

d) despite the State party’s efforts, corporal punishment continues to be widely used within the family, alternative care and school settings and within the penal system.

"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 and its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee recommends that the State party:

a) explicitly prohibit all forms of corporal punishment of children under 18 years in all settings throughout its territory;

b) introduce comprehensive and continuous public education, awarenessraising and social mobilization programmes, involving children, families, communities and traditional 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;

c) ensure that legal proceedings are systematically initiated against those responsible for ill-treating children and that they are duly prosecuted;

d) promote positive, non-violent and participatory forms of child-rearing and discipline;

e) strengthen existing complaints mechanism with a view to ensuring that they are confidential and child-friendly.

"In line with its previous recommendations (CRC/C/15/Add.228, para. 51), the Committee urges the State party to: ...

c) establish a national database of all cases of violence against children with special emphasis on sexual abuse and corporal punishment in all settings, in particular schools, and undertake a comprehensive assessment of the extent, causes and nature of such violence....

"Recalling the Guidelines for the Alternative Care of Children (General Assembly resolution 64/142, annex), the Committee emphasizes that financial andmaterial poverty, or conditions directly imputable thereto, should not be the sole justification for removing a child from parental care. The Committee recommends that the State party:

a) establish adequate support services for parents, as well as adopt and implement awareness-raising and training programmes on parenting skills, including on alternatives to corporal punishment...."

Indonesia

(10 July 2014, CRC/C/IDN/CO/3-4, Concluding observations on third/fourth report, paras. 7, 8 and 60)

"While welcoming the State party’s efforts to follow up the Committee’s concluding observations of 2004 on its second periodic report (CRC/C/15/Add.223), 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 contained in the concluding observations on its second periodic report under the Convention that have not been implemented or only partially addressed. In particular, the Committee reiterates its recommendations (CRC/C/15/Add.223, paras. 23, 25, 44, 52 and 72 (a)) that the State party: ...

c) In the light of 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 and articles 19, 28, paragraph 2, 37, among others, of the Convention, amend its current legislation to prohibit corporal punishment everywhere, including in the family, schools and childcare settings; 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....

"Building on its previous recommendation (CRC/C/15/Add.223, para. 63), the Committee urges the State party to take prompt measures to ensure that quality education is accessible by all children in the State party. It further urges the State party to: ...

e) take all necessary measures, including developing school-specific action plans and regular school inspections, aimed at putting an end to corporal punishment and other forms of violence in school, including bullying."

Jordan

(8 July 2014, CRC/C/JOR/CO/4-5, Concluding observations on fourth/fifth report, paras. 27 and 28)

"The Committee welcomes the initiatives of the State party, such as the 'Together for a safe school environment' campaign aimed at informing teachers of positive educational techniques. The Committee is, however, concerned that the amended version of article 62 of the Criminal Code still allows parents and guardians to discipline their children within 'culturally acceptable norms' as long as it does not lead to physical injury, and that the 2012 Jordan Population and Family Health Survey revealed that 89 per cent of children were subjected to violent forms of discipline.

"The Committee draws the attention of the State party 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, in which the Committee underlined that all forms of violence against children, however light, are unacceptable and that the prerogatives of the parents should in no way undermine the right of children to be protected from corporal punishment. The Committee urges the State party to:

a) repeal without delay article 62 of the Criminal Code and unequivocally prohibit corporal punishment in all settings;

b) ensure that laws prohibiting corporal punishment are implemented effectively and that legal proceedings are systematically initiated against those who inflict corporal punishment;

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

d) ensure the involvement and participation of the whole society, including children, in the design and implementation of preventive strategies with regard to corporal punishment of children. "

Kyrgyzstan

(7 July 2014, CRC/C/KGZ/CO/3-4, Concluding observations on third/fourth report, paras. 32 and 33)

"The Committee notes that corporal punishment is unlawful in schools, penal institutions and residential care institutions, but is concerned that the implementation of the laws prohibiting corporal punishment is ineffective. The Committee also regrets that corporal punishment is not expressly prohibited in the home and in foster and day care.

"In the light of its general comment No. 8 (2008) 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 prohibit in law the use of all forms of corporal punishment in all settings, in particular in the home and foster care, and provide for enforcement mechanisms under its legislation, including providing appropriate sanctions in cases of violation. It also 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."

St Lucia

(13 June 2014, CRC/C/LCA/CO/2-4 Advance Unedited Version, Concluding observations on second-fourth report, paras. 6, 7, 28 and 29)

"The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2005 (CRC/C/15/Add.258) on the State party’s initial report (CRC/C/28/Add.23), notes with regret that many of the recommendations contained therein have not been fully addressed.

"The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the initial report (CRC/C/15/Add.258) under the Convention that have not been implemented or sufficiently implemented, particularly those related to training/dissemination of the Convention, corporal punishment, parental guidance and responsibilities, children deprived of a family environment, abuse and neglect, adolescent health, economic exploitation of children, including child labour, sexual exploitation and abuse and juvenile justice.

"The Committee notes efforts to address the issue of corporal punishment, such as the recent national consultations on the abolition of corporal punishment, and the project ‘Fostering the positive behavioural management of children in inclusive child-friendly classrooms in Saint Lucia’, which includes parenting skills training and training for principals and teachers.  The Committee, however, reiterates its concern that corporal punishment is still seen as a lawful way of disciplining children, both under the 1972 Children and Young Persons Act and the 1999 Education Act, that corporal punishment continues to be practised within the family, schools and in institutions and is widely accepted in society (CRC/C/15/Add.158, para. 34).   

"In line with 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, and general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee recommends that the State party:

a) strengthen and expand its efforts through awareness-raising campaigns to inform the public in general about the negative impact of corporal punishment on children and actively involve children and the media in the process;

b) promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment, and expand parenting education programmes and training for principals, teachers, and other professionals working with and for children, and especially the Child Friendly School project; and  

c) finally amend its legislation to explicitly prohibit corporal punishment in the family, schools and institutions."

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