Committee on the Rights of the Child, session 71 (2016)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 71 (11-29 January 2016)

Benin

(29 January 2016, CRC/C/BEN/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth state party report, paras. 34, 35, 60, 61, 68 and 69)

“While the Penal Code and the Children’s Act prohibit corporal punishment, the Committee is concerned that corporal punishment continues to be considered an acceptable way of disciplining children.  It is further concerned that few students, teachers and other staff members have knowledge of the legal ban on corporal punishment, legislation on sexual harassment, and have access to information on respect for children’s rights.

“In the light of its general comment No. 8 (2006) on corporal punishment, the Committee urges the State Party to implement both the Penal Code and the Children’s Act as a matter of priority.  The Committee further recommends that the State Party ensure a large dissemination of the legislation prohibiting corporal punishment, especially in public and private schools and vocational training structures, and also ensure that an educational program be developed against corporal punishment, and for the promotion within the society, of positive, non-violent and participatory forms of child-rearing and discipline.

“While commending the State party's efforts in education, in particular in terms of numbers of children attending school, the Committee is concerned at the insufficient budget allocations for primary and secondary education. It is concerned at the high illiteracy rate in the State Party, the large number of dropouts, in particular among girls, the low transition rate to secondary education, and at problems of violence and sexual harassment in schools.... 

“The Committee recommends that the State Party, in the light of its general comment No. 1 (2001) on the aims of education: ...

c) take preventive measures against corporal punishment, violence and sexual harassment in schools....

“While noting with satisfaction the provisions of the Children's Act to restrict the periods of retention at the police station and the duration of pre-trial detention, and the two pilot child friendly courts established in the jurisdictions of Abomey-Calavi and Abomey, the Committee is concerned about inhumane and degrading detention conditions for juveniles, especially in the Abomey-Calavi prison, and at a number of practices contradicting the Convention, including:  children without a lawyer undergoing long periods of preventive detention;  no separation of children from adults in detention; long periods of confinement, especially at night, in cells that are often overcrowded;  in some cases more than 12 hours of incarceration;  use of physical and psychological violence, including the use of force, threats and corporal punishment, especially at the time of arrest;  and use of containment cells....

“In light of its general comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party: ...

c) Investigate all allegations of torture or ill-treatment, prosecute and punish law enforcement officers responsible for such abuses against children deprived of liberty....”

Brunei Darussalam

(29 January 2016, CRC/C/BRN/CO/2-3 Advance Unedited Version, Concluding observations on second/third report, paras. 6, 9, 10, 39, 40, 69 and 70)

“The Committee recommends that the State party take all measures necessary to address its previous recommendations of 2003 (CRC/C/15/Add.219) which have not been implemented or not sufficiently implemented and, in particular, those related to independent monitoring structures (para.17), data collection (para.19), definition of the child (para.23), birth registration (para.34), nationality (para.36), corporal punishment (para.38), and children in conflict with the law (para.56).

“The Committee is deeply concerned about the State party’s restrictive interpretation of Sharia law and about the adverse impact on human rights in general, and on children’s rights in particular, of the recently adopted Syariah Penal Code Order 2013, which under its second and third phases of implementation will impose capital punishment, hand cutting and whipping of children for several crimes.

“The Committee urges the State party to:

a) review without delay the new Syariah Penal Code Order 2013 with a view to repealing its direct and indirect discriminatory provisions affecting children;

b) compile information on best practices of States parties with similar legal systems and cultural and religious backgrounds, where more progressive interpretations of Islamic law have been codified in legislative reforms;

c) undertake law reform to eliminate all discrimination against children, including through partnerships and collaboration with Islamic legal research institutions, children’s non-governmental organizations and community leaders;

d) allocate sufficient human, technical and financial resources for the full dissemination of child-related laws and develop institutional capacity for their effective implementation.

“The Committee notes the information provided by the State party that corporal punishment of children has been prohibited in schools. However, the Committee remains concerned about the persistence of this practice in families, schools and institutions, in particular by school headmasters and principles, in alternative care settings and penal institutions and as a sentence for crime.

“In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment, in which the Committee underlined that all forms of violence against children, however light, are unacceptable and that the prerogatives of parents should in no way undermine the rights of children to be protected from corporal punishment, the Committee urges the State party to:

a) explicitly prohibit corporal punishment in all settings;

b) ensure that laws prohibiting corporal punishment in schools 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 children 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.

“The Committee reiterates its previous concern (CRC/C/15/Add.219, para.56) that the minimum age of criminal responsibility is very low (7 years). The Committee also remains deeply concerned that no progress has been made towards the abolishment of the sentence of whipping of boys. The Committee is further concerned at the lack of adequate training to probation officers working with children.

“In the light of its general comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to:

a) raise without delay the minimum age of criminal responsibility to an internationally acceptable standard;

b) abolish the sentence of whipping/flogging for boys;

c) ensure that staff working with children, in particular probation officers, specialized judges, legal representatives and social workers, are provided with appropriate training;

d) make use of the technical assistance tools developed by the Interagency Panel on Juvenile Justice and its members, including the United Nations Office of Drugs and Crime, UNICEF, OHCHR and NGOs, and seek technical assistance in the area of juvenile justice from the members of the Panel.”

France

(29 January 2016, CRC/C/FRA/CO/5 Advance Unedited Version, Concluding observations on fifth report, paras. 6 and 44)

“The Committee recommends that the State party adopt all the measures necessary to address those previous recommendations that have been partly, insufficiently, or not implemented at all (CRC/C/FRA/CO/4), such as those relating to corporal punishment, minimum age of responsibility, the juvenile justice system, and unaccompanied migrant children, and regrets in particular that the State party has not withdrawn its reservation to article 30 and its two declarations to articles 6 and 40.

“The Committee reiterates its recommendation to the State party to explicitly prohibit corporal punishment in all settings, including in the family, in schools, day cares and in alternative care (CRC/C/FRA/CO/4, para. 58). In the light of its general comment no. 8 (2006) on the right of the child to protection from corporal punishment, the Committee reminds the State party that no violence against children is justifiable and that corporal punishment is a form of violence, invariably degrading and preventable, and urges the State party to promote positive, non-violent and participatory forms of child-rearing and discipline, including through public education campaigns.”

Haiti

(29 January 2016, CRC/C/HTI/CO/2-3 Advance Unedited Version, Concluding observations on second/third report, paras. 32 and 33)

“The Committee, while welcoming the adoption in 2014 of the national action plan to prevent and respond to violence against children, is concerned that corporal punishment is still extensively practised in all settings, including the usage of different forms of whips against children, and widely accepted as a form of discipline. The Committee is also concerned that the law prohibiting corporal punishment lacks clarity whether all forms of corporal punishment are prohibited, and that the existing prohibitions of corporal punishment are insufficiently implemented, leading to frequent impunity for perpetrators.

“In the light of its general comments No. 8 (2006) on corporal punishment and No. 13 (2011) on the right of the child to freedom from all forms of violence, as well as  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 urges the State party to:

a) explicitly prohibit corporal punishment in all settings and vigorously enforce this prohibition and monitor the ban of corporal punishment in all settings on a frequent basis;

b) raise awareness about the prohibition of violence among teachers, including by developing a code of conduct for teachers and by training teachers on positive and non-violent forms of discipline;

c) develop a comprehensive national strategy to prevent and address all forms of violence against children;

d) promote positive, non-violent and participatory forms of child-rearing and discipline and strengthen awareness-raising and education programmes, including campaigns, on the prohibition of corporal punishment, including with the involvement of children.”

Iran

(29 January 2016, CRC/C/IRN/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 31, 47, 53, 54, 55 and 56)

“The Committee is also concerned ... that the same sex sexual behaviour of adolescents above the actual age of criminal responsibility is criminalized and punished with penalties ranging from flogging to death penalty.

“The Committee is concerned at the reports that content-based offenses such as ‘propaganda against the state’ or ‘insulting Islam’ are not clearly defined and interpreted and can incur prison terms, flogging, and even death sentences, thus limiting the right of children to freedom of expression....

“While welcoming the 2013 Islamic Penal Code abolishing corporal punishment and flogging of children under the age of 18 years for the crimes under the ta’zir category, the Committee remains  seriously concerned that this Code retains the punishment of children who reached the legal age of criminal responsibility (9 lunar years for girls and 15 years for boys) for crimes under the categories of Hudud and Qisas with sentences involving torture or cruel, degrading treatment or punishment,  which has been and continue to be applied to children.  While recognizing the decree of the Supreme Leader not to have children witnessing public executions, the Committee is concerned about the negative impact of still ongoing public executions witnessed by children on their mental health and well-being. Furthermore, it is concerned at the reports that LGBTI children are subjected to electroshocks, hormones and strong psychoactive medications for the purpose of ‘curing’ them.

“In light of its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence and taking note of Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee strongly urges the State party to immediately repeal all provisions which authorize or condone cruel, inhuman and degrading treatment of children. It also recommends that the State party put an end to public executions that have irreversible negative effect on the mental health of witnessing children by implementing the above mentioned decree. Furthermore, the Committee urges the State party to ensure that LGBTI children are not subjected to cruel and degrading treatment such as electroshocks, hormones and strong psychoactive medications and that those responsible for these acts be held accountable.

“The Committee is seriously concerned that articles 1173 and 1179 of the Civil Code allow for ‘reasonable punishment of children for correction or protection purposes’ and that article 158 (d) of the Islamic Penal Code of 2013 provide for disciplining children by parents or guardians ‘within normal and shariah-sanctioned boundaries’. Furthermore, it is concerned that corporal punishment is not prohibited in schools. 

“In the light of its General Comment No. 8 (2006) on corporal punishment, the Committee urges the State party to review its legislation with a view to prohibiting all forms of corporal punishment irrespective of its purpose, including by parents, guardians and teachers, and instead promote positive, non-violent and participatory forms of child-rearing and discipline.”

Ireland

(29 January 2016, CRC/C/IRL/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, para. 4)

“The Committee notes with appreciation the adoption of the following legislative measures: ...

b) the Children First Act 2015: to improve child protection measures....”

Kenya

(2 February 2016, CRC/C/KEN/CO/3-5, Concluding observations on third-fifth report, paras. 6, 33 and 34)

“The Committee recommends that the State party take all necessary measures to address its previous recommendations of 2007 (CRC/C/KEN/CO/2) that have not been implemented or sufficiently implemented, in particular, those related to non-discrimination (para. 25), corporal punishment (para 35), harmful traditional practices (para 54), and administration of juvenile justice (para 68).

“The Committee welcomes the enactment of the National Police Service Act (2011) which prohibits torture and degrading treatment by the police, the Basic Education Act (2013) which outlaws corporal punishment at schools, the Protection Against Domestic Violence Act (2015) and the Prevention of Female Genital Mutilation Act (2011). The Committee also welcomes the establishment of a toll free, 24 hour child help lines. Nevertheless, the Committee is concerned at:

a) repeated reports of police violence against children, including at Langa’ata Road primary school and Dadaab refugee camp;

b) high prevalence of domestic violence against boys and girls, and gender-based violence against girls, including sexual and physical violence both in public and domestic spheres;

c) persistent practice of corporal punishment at home and schools despite prohibition under the Constitution, and some legislations, which authorize corporal punishment, still pending for revision;

d) lack of access to justice by children victims of violence, in particular in cases of sexual violence and harmful practices, due to social stigma, the pressure from family members, low rate of investigation and prosecution, frequent delays in court proceedings, lineate sanctions posed, the risk of re-victimization in the justice system and the lack of legal aid and other supports;

e) limited support available for children victims of violence and girls escaping from harmful practices, including the provision of safe accommodation and support for access to education.

“With reference to the Committee’s general comments No. 8 (2006) on corporal punishment and No. 13 (2011) on the right of the child to freedom from all forms of violence and/or general comment No. 18 (2014) on harmful practices, adopted jointly with the Committee on the Elimination of Discrimination against Women, the Committee urges the State party to:

a) develop a comprehensive national strategy and a national coordinating framework to prevent and address all forms of violence against children;

b) effectively enforce the National Police Service Act (2011) to prevent and prohibit ill-treatment of children by the police and investigate thoroughly and promptly all allegations so as to ensure that perpetrators are held accountable;

c) revise all laws and regulations, which authorize corporal punishment, promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment and raise awareness of parents, guardians, teachers and general public on negative impact of corporal punishment on children;

d) promptly investigate, prosecute and punish perpetrators of all forms of violence against children in accordance with the severity of the violation, and actively discourage the use of mediation in cases of sexual violence and domestic violence;

e) provide legal aid to child victims of violence and children who need protection;

f) reinforce sustainable public education and awareness-raising on harmful effects of violence against children, including corporal punishment, harmful practice and domestic violence; 

g) establish more Child Protection Centres for child victims of violence and children in need of care and protection, including those fleeing from harmful practices and allocate adequate human, technical and financial resources to the provision of protection and support services.”

Latvia

(29 January 2016, CRC/C/LVA/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth report, paras. 36 and 37)

“The Committee welcomes the amendments to the different laws aimed at protecting children from violence through increased sanctions towards perpetrators as well as the programmatic measures to prevent violence. The Committee notes the educational and awareness-raising programmes by the State party to reduce violence against children, including the use of corporal punishment. The Committee is however concerned about the:

a) lack of a comprehensive information system on violence against children, including cases reported, investigations, prosecutions and sanctions applied;

b) lack of detailed information regarding the response to known cases of violence, namely the 1768 cases reported to the helpline in 2014.

c) the limited role assumed by medical staff in identifying and reporting cases of violence against children.

“The Committee, taking note of the Sustainable Development Goal 16.2 to, inter alia, end all forms of violence against of children, recommends that the State party:

a) establish an integrated information system for the comprehensive analysis of violence against children, monitor the efficiency of targeted measures and develop an evidence-based policy to prevent and address violence against children;

b) promptly investigate all reported cases of violence against children, and prosecute and sanction perpetrators;

c) establish a clear procedure for medical staff to record and report cases of violence against children.”

Maldives

(29 January 2016, CRC/C/MDV/CO/4-5 Advance Unedited Version, Concluding observations on fourth/fifth report, paras. 30, 40, 41, 42, 43, 44, 68 and 69)

“The Committee is gravely concerned that: ...

e) the November 2015 circulars establishing automatic appeal for death penalty and flogging cases, while positive in general, are not adequately disseminated among those that can benefit from them, and also reduce the period of appeal to the Supreme Court from 60 days to 30 days.

“While noting that Article 54 of the Constitution prohibits torture, the Committee is concerned that under the 2014 Regulation on Conducting Trials, Investigations and Sentencing Fairly for Offences Committed by Minors (articles 4 and 5) children who have reached puberty may be punished by flogging for committing certain hadd offences. The Committee is seriously concerned that minors continue being flogged or sentenced to flogging and that there is a gender bias in the application of this punishment as in the majority of cases only women and girls who have been convicted for sex out of marriage are sentenced to flogging. The Committee is further concerned that child offenders may also be lawfully sentenced to life imprisonment, banishment, or flogging for consensual same-sex relations.

“The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3, para. 56) and with reference to the Committee’s General Comment No. 8 (2006) on corporal punishment it urges the State party:

a) to take all the necessary measures to ensure that persons who committed crimes while under the age of 18 are not subjected to any form of torture, including corporal punishment, and that corporal punishment as a disciplinary measure is prohibited by law in the home, alternative care settings, justice institutions, schools and workplace settings;

b) to amend the 2014 Regulation on Conducting Trials, Investigations and Sentencing Fairly for Offences Committed by Minors (articles 4 and 5) to prohibit flogging....

“While welcoming the adoption in 2012 of the Domestic Violence Act and the activities carried out to raise awareness about its provisions, the Committee is concerned that the Act is not interpreted as prohibiting corporal punishment of children. The Committee is particularly concerned that:

a) violence against children, abuse and neglect are widespread at home, at school, and in the community;

b) reporting of cases of domestic violence is low, and law enforcement officers are often reluctant to take action and arrest perpetrators of domestic violence, believing such violence is justified in Islam....

“With reference to General Comment No. 13 (2011) on the right of the child to freedom from all forms of violence and the Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee recommends that the State party:

a) ensure that corporal punishment is unambiguously prohibited under the Domestic Violence Act;

b) ensure the enforcement and implementation of the 2012 Domestic Violence Act, including by establishing the required shelters, adequately funding protection services centers and safe houses, providing adequate capacity-building for law enforcement officials on violence against girls within the family, and increasing reporting through awareness-raising efforts;

c) establish a national database on all cases of domestic violence against children, and undertake a comprehensive assessment of the extent, causes and nature of such violence;

d) institutionalize, as also recommended by the United Nations Special Representative of the Secretary General on Violence against Children during her visit in May 2013, a high-level platform where all leading departments and institutions responsible for child protection concerns meet periodically and formulate a comprehensive strategy, stipulating concrete budgeted interventions, for preventing and combating violence against children and child abuse, including with focus on gang-related violence;

e) create a unified, co-ordinated and comprehensive child protection system;

f) take all necessary measures to prevent violence against children as well as their exposure to violence during political protests;

g) prevent intimidation and threats directed towards LGBTI children.

“The Committee welcomes the enactment in 2009 of the Special Provisions Act to Deal with Child Sexual Abuse, the subsequent online publishing by the Ministry of Law and Gender in November 2015 of a registry of convicted sex offenders and the increase in reporting of child sexual abuse. The Committee is however concerned that: ...

g) there have been a number of cases of sexually abused children who were sentenced to flogging on charges of fornication.

“The Committee notes that the newly adopted Penal Code (9/2014) considers immaturity of a child as a justifiable defence for children below the age of 15 years, with the exception of Hadd offences, and that the implementation of sentencing for any child between the ages of 15-18 years who is found guilty of an offence under the Penal Code is to be deferred to a time until she/he is above 18 years of age. The Committee is seriously concerned that the age of criminal responsibility remains low at 10 years. The Committee is also concerned that:

a) judges in the State party tend to use the attainment of physical puberty rather than the minimum legal age to establish criminal responsibility;

b) flogging remains lawful as a sentence for crime....

“With reference to General Comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party:

a) not to apply penalties for hadd offenses to children below the age of 18; ...

d) abolish flogging as a sentence for crime....”

Oman

(21 January 2016, CRC/C/OMN/CO/3-4 Advance Unedited Version, Concluding observations on third/fourth report, paras. 6, 35 and 36)

“The Committee recommends that the State party take all necessary measures to address its previous recommendation of 2006 (CRC/C/OMN/CO/2) which have not been implemented or only partially implemented and, in particular, those related to non-discrimination (para. 25); right to identity (para. 32); corporal punishment (para. 34); children with disabilities (para. 44); harmful practices (para. 52); children of migrant workers (para. 60); economic exploitation, including child labour (para. 62); sexual exploitation and trafficking (para. 66); and administration of juvenile justice (para. 68).

“The Committee welcomes information that the Child Act prohibits any form of violence against a child by any person and that penal legislation has been enacted to address violence against children. It also welcomes awareness-raising initiatives of the Ministry of Education on positive methods in dealing with student behaviour. The Committee, however, is concerned that corporal punishment is not explicitly prohibited in the Child Act and is widely accepted in society as a way for disciplining children in the home, schools and residential institutions.

“In line with its general comment No. 8 (2006) on the right of the child to protection from corporal 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) amend the Child Act to explicitly prohibit corporal punishment in all settings, and repeal article 38(2) of the Penal Code which authorizes punishment within the limit of public customs, as well as implement policies to ensure that corporal punishment is prohibited in all settings, including in the family, schools and institutions;

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

c) strengthen and expand its efforts through awareness-raising programmes, including 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.”

Peru

(29 January 2016, CRC/C/PER/CO/4-5 Advance Unedited Version, Concluding observations on fourth/fifth report, paras. 6, 39 and 40)

“The Committee notes with appreciation the adoption of the following legislative measures:

a) Law No 30403 prohibiting the use of corporal and other humiliating punishment against children and adolescents, on 29 December 2015; ...

“The Committee welcomes the adoption of the Law No 30403 prohibiting the use of corporal and other humiliating punishment against children and adolescents in December 2015, but is concerned that, despite improvements, the application and social acceptance of corporal punishment remains widespread.

“In the light of its general comment No. 8 (2006) on corporal punishment, the Committee recommends that the State party ensure effective implementation of the new law and strengthen its efforts to raise awareness on the harmful effects, both physical and psychological, of corporal punishment and promote positive, non-violent and participatory forms of child-rearing and discipline. The State party should also provide training to principals, teachers and other persons working with and for children in order to ensure that they can identify and provide adequate support to child victims of corporal punishment.”

Senegal

(29 January 2016, CRC/C/SEN/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth report, paras. 5, 35 and 36)

“The Committee also welcomes the following institutional and policy measures: ...

k) National Plan of Action for Law Reform to Criminalise Corporal Punishment and All Forms of violence Against Children.

“The Committee welcomes the various measures undertaken by the State party to address and eliminate corporal punishment against children. The Committee also notes with appreciation the existence of a child helpline. However, the Committee is concerned about:

a) the absence of full and explicit prohibition of corporal punishment in the home, schools, including daaras, penal institutions, and alternative care settings;

b) the lack of protection and assistance provided to child victims of corporal punishment and violence; and

c) the lack of effectiveness of awareness-raising programmes to combat corporal punishment and other forms of violence against children.

“With reference 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 (CRC/C/GC/8), the Committee recommends that the State party:

a) repeal all provisions that authorise corporal punishment, including article 285 of the Family Code which appears to condone physical violence against children to ‘a degree compatible with the child’s age and the correction of his/her behaviour’;

b) ensure that corporal punishment is explicitly prohibited in all settings, including within the family, in schools, including in daaras, penal institutions, and alternative care settings, and ensure their effective implementation;

c) sensitize and educate parents, guardians and professionals working with and for children, by carrying out public educational campaigns about the harmful impact of corporal punishment and promote positive, non-violent forms of discipline as an alternative to corporal punishment; and

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

Zambia

(29 January 2016, CRC/C/ZMB/CO/2-4 Advance Unedited Version, Concluding observations on second-fourth report, paras. 33 and 34)

“The Committee notes with appreciation that the State party has outlawed corporal punishment in schools and in the prison system, and that it has carried out a number of awareness-raising activities. However, the Committee is concerned that corporal punishment is not expressly prohibited, that the Juveniles Act allows for the administration of lawful punishment and that it is still practised in the family setting.

“In the light of its general comment No. 8 (2006) on corporal punishment, the Committee recommends that the State party ensure the full implementation of the Criminal Procedure Code (Amendment) Act No.9 and Education Act No. 23 and that it explicitly prohibit by law all forms of violence against children, including corporal punishment, in all settings, including in the family. The Committee further recommends that the State party repeal the ‘right to administer lawful punishment’ in the Juveniles Act, and intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline at all levels of society."

Zimbabwe

(29 January 2016, CRC/C/ZWE/CO/2, Concluding observations on second report, paras. 7, 42, 43, 76 and 77)

“The Committee recommends that the State party take all measures necessary to address its previous recommendations of 1996 (CRC/C/15/Add.55) which have not been sufficiently implemented and, in particular, those relating to reviewing the national legal framework (para. 22), combatting social attitudes and cultural and religious practices hampering the realization of children’s rights (para. 26), forbidding the use of corporal punishment (para. 31), and raising the minimum age of criminal responsibility (para. 33).

“The Committee welcomes the Constitutional guarantee of freedom from torture or cruel, inhuman or degrading treatment or punishment. However it remains deeply concerned (CRC/C/15/Add.55, para. 18) that corporal punishment remains legal and widely practised in the family, in schools and in other settings. The Committee notes with serious concern legislative provisions and Government policy allowing the administration of ‘reasonable’ or ‘moderate’ corporal punishment.

“With reference to its General comment No. 8 (2006) on corporal punishment, the Committee reiterates its previous recommendation (CRC/C/15/Add.55, para. 31) and urges the State party to:

a) repeal or amend, as needed, all legislation and administrative regulations in order to explicitly prohibit corporal punishment in all settings as a correctional or disciplinary measure;

b) sensitize and educate parents, guardians and professionals working with and for children, particularly teachers, on the harmful effects of corporal punishment and the need to end the culture of silence on cases of violence against children;

c) promote positive, non-violent and participatory forms of child-rearing and discipline in all settings, including through providing teachers and parents with training on alternative discipline measures.

“The Committee … remains concerned (CRC/C/15/Add.55, para. 21) about the:…

c) recourse to whipping as a disciplinary measure for boys;

“In the light of its General comment No. 10 (2007) on children’s rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. The Committee reiterates its previous recommendation (CRC/C/15/Add.55, para. 33) and urges the State party to: …

c) adopt a comprehensive policy for juvenile justice based on restorative practices and guided by the right of the child to have his or her best interests taken as a primary consideration….”

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