Committee on the Rights of the Child, session 75 (2017)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 75 (15 May - 2 June 2017)

Antigua and Barbuda

(2 June 2017, CRC/C/ATG/CO/2-4, Concluding observations on second/fourth report, Advance unedited version, paras. 28 and 29)

“The Committee remains deeply concerned that corporal punishment is systematic and widespread in schools, in the home, in alternative care and day care settings and other institutions and continues to be widely accepted in society as a means of disciplining children. It is particularly concerned that provisions within the Education Act 2008 permits the Principal, Deputy Principal, or a teacher within a school to administer corporal punishment.

“The Committee urges the State party to:

a) End all forms of corporal punishment in all settings, in particular in schools, homes and in private and public institutions;

b) Expeditiously repeal relevant provisions within the Education Act 2008;

c) Undertake awareness raising programmes, including education campaigns, to change public attitudes and provide training and information on alternative forms of non-violent discipline and ensure that these are consistent with the child’s human dignity;

d) Train and sensitize educators and other professionals working with and for children on positive behavioural management, with a view to promoting safer and more protective schooling environments.”

Bhutan

(2 June 2017, CRC/C/BTN/CO/3-5, Concluding observations on third/fifth report, Advance unedited version, para. 22)

“In the light of its general comment No. 8 (2006) on corporal punishment, the Committee urges the State party to:

(a) Review the Penal Code of 2004, in particular article 109, to fully prohibit the use of corporal punishment in all settings, including the home, alternative care, monasteries, day care and schools; the Child Care and Protection Act of 2011, the Child Adoption Act of 2012 and the Domestic Violence Prevention Act of 2013 to unequivocally prohibit corporal punishment of children; and

(b) Finalize promptly the Dratshang Lhentshog’s (Commission for Monastic Affairs) initiative to provide for alternative forms of discipline and take all measures necessary to enforce it in practice;

(c) Ensure that investigations, administrative and legal proceedings are promptly and systematically initiated in relation to cases of corporal punishment of children.”

Cameroon

(2 June 2017, CRC/C/CMR/CO/3-5, Concluding observations on third/fifth report, Advance unedited version, para. 24)

“In view of the prevalence of corporal punishment within the family and that violent discipline practices, despite being illegal, remain widespread in schools, the Committee, with reference to its general comment No. 8 (2006) on corporal punishment, reiterates its previous recommendation (see CRC/C/CMR/CO/2, para. 38) and urges the State Party to:

(a) Explicitly prohibit corporal punishment in law in all settings, including in the home and institutions;

(b) Ensure that all cases of corporal punishment of children are investigated and perpetrators are prosecuted;

(c) Introduce sustained public education, awareness-raising and social mobilization programmes, involving children, families, communities and their leaders, on the physically and psychologically harmful effects of corporal punishment, with a view to changing the general attitude towards this practice and promoting positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment.”

Lebanon

(2 June 2017, CRC/C/LBN/CO/4-5, Concluding observations on fourth/fifth report, Advance unedited version, paras. 5, 18 and 19)

“The Committee reminds the State party of the indivisibility and interdependence of all rights under the Convention and emphasizes the importance of all recommendations contained in the present concluding observations. The Committee would, however, like to draw the State party’s attention to the following recommendations that require the adoption of urgent measures: corporal punishment (para. 19)…”

“The Committee remains concerned that corporal punishment as a means of discipline continues to be widespread, culturally acceptable and is not legally sanctioned in the State party.

“Taking into account 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 reiterates its previous recommendations (CRC/C/LEB/CO/3, para. 42) and recommends that the State party:

(a) Amend its legislation, including article 186 of the Penal Code, to explicitly prohibit corporal punishment, however light in all settings, including the family, day care and after school care facilities, all schools, whether public or private, alternative care settings, and residential care;

(b) Adopt and implement the protection policy on children in school;

(c) Conduct awareness-raising programmes to promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment; as well as expand parenting education programmes, and training for principals, teachers, and other professionals working with and for children.”

Mongolia

(2 June 2017, CRC/C/MNG/CO/5, Concluding observations on fifth report, Advance unedited version, paras. 11 and 23)

“With reference to its general comment No. 2 (2002) on the role of independent human rights institutions, the Committee reiterates its previous recommendations (see CRC/C/MNG/CO/3-4, para.16) and further recommends that the State party: …

(c) Implement the recommendations made by the National Human Rights Commission of Mongolia to the State party on issues related to the rights of children, including those regarding horse racing, domestic violence, the right to education of children with disabilities, corporal punishment, regulation and monitoring of child care providers, and issuance of birth certificates.”

“While welcoming the adoption of the revised Law on the Rights of the Child and the Law on Child Protection which make corporal punishment of children in all settings a criminal offence, the Committee remains concerned that corporal punishment continues to be used widely in the home and in schools, and urges the State party to ensure the effective implementation of the law, including through public education and awareness-raising programmes, such as nationwide social mobilization campaigns, as well as training of parents and teachers, to promote positive, non-violent and participatory forms of child-rearing and discipline.”

Qatar

(2 June 2017, CRC/C/QAT/CO/3-4, Concluding observations on third/fourth report, Advance unedited version, paras. 4, 21 and 22)

“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: the definition of the child in relation to child marriage (para. 12), non-discrimination (paras. 14 and 16), nationality (para.20), corporal punishment (para.22), children in situation of migration (para. 34) and administration of juvenile justice (para. 37).”

“The Committee remains deeply concerned that corporal punishment is lawful and widely used in the home, alternative care settings, day care, schools and as a sentence for crime.

“With reference to its general comment No. 8 (2006) on corporal punishment, the Committee urges the State party to:

(a) Explicitly prohibit in the Children’s Bill corporal punishment in all settings, including at home, at schools and in the justice system, without any exception;

(b) Ensure that the prohibition of corporal punishment is adequately monitored and enforced and that offenders are brought before the competent administrative and judicial authorities;

(c) Promote positive, non-violent and participatory forms of child-rearing and discipline at home, strengthen training for teachers and other professionals working with and for children on positive discipline and ensure that behaviour management guidelines are part of the all service training programmes;

(d) Establish a complaints mechanism so that children can safely and confidentially report persons who use corporal punishment;

(e) Conduct awareness-raising programmes, including campaigns, training sessions and other activities to prevent corporal punishment and to promote a positive change in the mindset on corporal punishment in all settings.”

Romania

(2 June 2017, CRC/C/ROU/CO/5, Concluding observations on fifth report, Advance unedited version, para. 24)

“While noting that corporal punishment is prohibited in all settings and with reference to general comment No. 8 (2006) on corporal punishment, the Committee recommends that the State party:

(a) Ensure that the prohibition of corporal punishment is properly enforced in all settings and adequately monitored;

(b) Promote positive, non-violent and participatory forms of child-rearing and discipline through awareness raising programmes and campaigns;

(c) Ensure that offenders are brought before the competent administrative and judicial authorities.”

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