Committee on the Rights of the Child, session 76 (2017)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 76 (11 - 29 September 2017)

Denmark

(29 September 2017, CRC/C/DNK/CO/5, Concluding observations on fifth report, Advance unedited version, para. 18)

“While noting with appreciation that corporal punishment is unlawful, the Committee, in view of reports that violence against children within the family continues to occur, draws the State party’s attention to its general comment No. 8 (2006) on corporal punishment and recommends that the State party:

(a) Increase its efforts to raise awareness about the unlawfulness of violence against children, including corporal punishment, and adequately implement this prohibition, and, in collaboration with the media and the education sector, ensure that children are informed about their right to be free from violence;

(b) Promote positive, non-violent and participatory forms of child-rearing and discipline and provide support to parents who have problems with their childrearing duties.”

DPR Korea

(29 September 2017, CRC/C/PRK/CO/5, Concluding observations on fifth report, Advance unedited version, paras. 27, 45 and 46)

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

(a) Promptly review its legislation to unequivocally prohibit all forms of corporal punishment in all settings, including the home, child-related institutions and all types of penal institutions, including political prison camps;

(b) Ensure the ban on corporal punishment in all educational facilities is strictly implemented and monitored;

(c) Ensure that corporal punishment is not an element of “social education” measures applicable to children aged 15-17 and that children under 18 years are not subjected to adult criminal sanctions under the Criminal Law that may include or amount to corporal punishment;

(d) Strengthen the measures to promote positive, non-violent and participatory forms of child-rearing and discipline, among parents and educational staff.”

“The Committee notes the adoption of the Law on General Secondary Education in 2011, the Ordinance on the Enforcement of Universal 12-year Compulsory Education in 2012, and of the Education Strategy (2015-2032) in 2014. The Committee, however, remains seriously concerned about consistent reports on…

(d) Children being victims of verbal and physical punishment and discrimination by teachers when the child is unable to achieve the ‘economic assignment’ or unable to participate in the mass mobilization;…

“With reference to its general comment No. 1 (2001) on the aims of education and taking note of goal 4 of the Sustainable Development Goals, the Committee urges the State party to:

(d) Promptly strengthen monitoring systems in schools to ensure that teachers do not ill-treat or punish students, implement in practice the ban on corporal punishment, and investigate and discipline school staff who fail to respect the child’s right to physical and mental integrity”

Ecuador

(29 September 2017, CRC/C/ECU/CO/5-6, Concluding observations on fifth/sixth report, Advance unedited version, paras. 23 and 24)

“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 expedite the adoption of the draft Organic Law for a Childhood and Adolescence Free of Physical Punishment and Degrading Treatment, criminalizing corporal punishment in all settings, including the home.”

“The Committee remains extremely concerned about: … (c) The continued use of violence and corporal punishment against children as a form of discipline at home, in school and other settings”

Republic of Moldova

(29 September 2017, CRC/C/MDA/4-5, Concluding observations on fourth/fifth report, Advance unedited version, para. 19)

“While noting efforts to combat corporal punishment as a means of discipline, which is still widespread and culturally acceptable in the State party, the Committee, with reference to 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, urges the State party to enforce the legislative prohibition of corporal punishment in all settings, including through awareness-raising programmes; and also recommends the expansion of parenting education programmes, and training for professionals working with and for children to promote positive, non-violent and participatory forms of child-rearing and discipline.”

Tajikistan

(29 September 2017, CRC/C/TJK/CO/3-5, Concluding observations on third/fifth 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: corporal punishment (para. 22), family environment (para. 25), children with disabilities (para. 29), health and health services, in particular, nutrition (paras. 31 and 33), and administration of juvenile justice (para. 47).”

“The Committee notes the adoption of the Act on Parental Responsibility for the Education and Raising of Children (2011), Prevention of Domestic Violence Act (2013) and its accompanying strategic plan (2014-2023), Education Act (2013) and Children’s Rights Act (2015). It is, however, deeply concerned that:

(a) The legislative framework does not explicitly prohibit corporal punishment against children, including in the home, alternative care, day care settings and penal institutions;

(b) Although corporal punishment against children is prohibited in school, implementation of the prohibition under the Education Act (2013) remains inadequate due to the absence of an established reporting mechanism.

“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 by law corporal punishment of children in all settings;

(b) Reinforce the capacity and number of officers throughout the country dedicated to preventing family violence and expand their mandate to include all settings where violence is perpetrated against children to ensure that the prohibition of violence against children, including corporal punishment, is adequately monitored and enforced in all settings;

(c) Establish reporting mechanisms for the use of corporal punishment in all settings and ensure that investigations, administrative and legal proceedings are initiated promptly and systematically in relation to cases of all violence against children, and that data on cases and their resolution is collected and disaggregated;

(d) Strengthen support for child victims of violence and ensure their access to adequate services for recovery and counselling;

(e) Promote positive, non-violent and participatory forms of child-rearing and discipline through awareness campaigns and trained officers working with families.”

Vanuatu

(29 September 2017, CRC/C/VUT/CO/2-4, Concluding observations on second/fourth report, Advance unedited version, paras. 4 and 25)

“The Committee recommends that the State party take all measures necessary to address its previous recommendations of 1999 (CRC/C/15/Add.111) which have not been implemented or not sufficiently implemented and, in particular, those related to budget allocation (para. 11), training and dissemination (para. 12) and corporal punishment (para.16).”

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

(a) Amend existing legislation, in particular the Family Protection Act, and the Penal Code and explicitly prohibit corporal punishment in all settings;

(b) Immediately and effectively implement the Education Act prohibiting corporal punishment in schools and strengthen teacher training on alternative forms of discipline and ensure it is part of pre- and in-service training programmes;

(c) Develop Guidelines for the implementation of the prohibition of corporal punishment in accordance with the Education Act and vigorously prosecute offenders;

(d) Provide programmes for parents, teachers, the police and professionals that work with and for children to encourage the use of alternative non-violent forms of discipline;

(e) Provide children with a complaints mechanism in schools so that they can safely and confidentially report teachers that continue to use corporal punishment despite the ban;

(f) Strengthen awareness raising programmes, trainings and other activities to promote the change of mind set with regard to corporal punishment, particularly in schools, family and at the community level.”

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