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

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

“The Committee remains deeply concerned that corporal punishment is widespread and administered systematically in schools, in the home, in alternative care and day care settings and other institutions and that it continues to be widely accepted in society as a means of disciplining children. It is particularly concerned that certain provisions of the Education Act (2008) allow the principal, deputy principal or a teacher of 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, in the home and in private and public institutions;

(b) Expeditiously repeal the relevant provisions of 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, ensuring that they are consistent with the child ’ s human dignity;

(d) Train and raise the awareness of 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

(5 July 2017, CRC/C/BTN/CO/3-5, Concluding observations on third/fifth report, paras. 22, 38 and 39)

“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:

(a) Review the Penal Code of 2004, in particular article 109, to prohibit fully 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 prohibit unequivocally corporal punishment of children;

(b) Finalize promptly the initiative of the Dratshang Lhentshog (Commission for Monastic Affairs) 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 initiated promptly and systematically in relation to cases of corporal punishment of children.”

“The Committee welcomes the progress in reaching near universal primary education enrolment and the adoption of the strategic document entitled “Bhutan Education Blueprint 2014-2024”. The Committee is however concerned about:

(f)The lasting practice of corporal punishment in schools, notwithstanding the directive from the Ministry of Education banning it.

“The Committee recommends that the State party:

(f) Adopt national legislation to explicitly prohibit corporal punishment in all educational settings and develop public education and awareness-raising programmes, involving children, families, communities, teachers 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, and to promote positive, non-violent and participatory forms of child-rearing and discipline;

(g) Develop and implement initiatives to combat violence, sexual harassment and bullying among children in schools, including towards lesbian, gay, bisexual, transsexual and intersex children, and train teachers and students to resolve conflicts peacefully, to create an environment of tolerance and respect;

(h) Seek technical assistance from UNICEF in the implementation of these recommendations.”

Cameroon

(6 July 2017, CRC/C/CMR/CO/3-5, Concluding observations on third/fifth report, para. 24)

“In view of the prevalence of corporal punishment within the family and the fact that violent discipline practices, despite being illegal, remain widespread in schools, the Committee, 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, 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

(22 June 2017, CRC/C/LBN/CO/4-5, Concluding observations on fourth/fifth report, 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 and 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 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 reiterates its previous recommendations (see CRC/C/LB N /CO/3, para. 42) and recommends that the State party:

(a) Amend its legislation, including article 186 of the Penal Code, to prohibit explicitly 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, and expand parenting education programmes and training for principals, teachers and other professionals working with and for children.”

Mongolia

(12 July 2017, CRC/C/MNG/CO/5, Concluding observations on fifth report, 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 childcare 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

(22 June 2017, CRC/C/QAT/CO/3-4, Concluding observations on third/fourth report, 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 situations of migration (para. 34) and the 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 penal sentence.

“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, the Committee urges the State party to:

(a) Explicitly prohibit in the bill on the rights of the child 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 on positive discipline for teachers and other professionals working with and for children and ensure that behaviour management guidelines are part of all-service training programmes;

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

(e) Launch 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

(13 July 2017, CRC/C/ROU/CO/5, Concluding observations on fifth report, para. 24)

“While noting that corporal punishment is prohibited in all settings and, 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, 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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