Committee on the Rights of the Child: Ecuador

Session 053 (2010)

(2 March 2010, CRC/C/ECU/CO/4, Concluding observations on fourth report, paras. 7, 8, 9, 10, 45, 46, 47, 64 and 65)

"The Committee notes that various concerns and recommendations made for the consideration of the State party’s combined second and third periodic report (CRC/C/15/Add.262) have not been given sufficient follow-up. While noting that recent political, constitutional and economic changes in the country are giving a new impetus to some of these areas, the Committee remains concerned at the lack of implementation. 

"The Committee urges the State party to take all necessary measures to address those recommendations contained in the concluding observations on the combined second and third periodic reports that have not yet been implemented, such as those related to ... corporal punishment....

"The Committee takes note with appreciation of the progress made by the State party in the legislative review process. In particular, it notes with satisfaction the new Constitution, which establishes human rights as fundamental. However, the Committee is very concerned that in the legislative reform, the specific rights of children may become subordinated to more general issues and/or disappear under broader structures. It also notes that national legislation is not entirely in conformity with the Convention, for instance, in relation to corporal punishment....

"The Committee recommends that the State party strengthen and expedite its efforts to bring domestic law into full compliance with the Convention by completing a comprehensive review of legislation and its implementation, maintaining the specificity and interdependence of all children’s rights in policy, legislative, institutional and programme terms, in accordance to the Convention on the Rights of the Child.

"While welcoming the prohibition of all forms of violence in the new Constitution, the Committee is concerned that corporal punishment is still not explicitly prohibited in the home and remains a culturally accepted form of discipline in the family and other settings, including schools and other places of care, and that there is no explicit prohibition of corporal punishment as a disciplinary measure against children deprived of liberty. 

"The Committee recommends that the State party introduce and enforce legislation prohibiting corporal punishment in all settings, including in the family, schools and all places of deprivation of liberty. In this respect, it should take into account the Committee’s general comment No. 8 (2007) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment. 

"With reference to the United Nations study on violence against children (A/61/299), the Committee recommends that the State party: 

a) take all necessary measures for the implementation of the recommendations contained in the report of the independent expert for the United Nations study on violence against children while taking into account the outcome and recommendations of the regional consultation for Latin America held in Buenos Aires between 30 May and 1 June 2005. In particular, the Committee recommends that the State party pay particular attention to the following recommendations: 

• Prohibit by law all violence against children, including corporal punishment in all settings....

"The Committee [is] concerned at ... corporal punishment as a form of ‘discipline’ in schools.... 

"The Committee recommends that the State party: ...

d) take measures to prevent corporal punishment and sexual abuse and harassment against children, especially girls, in schools and investigate and, as appropriate, prosecute promptly all such allegations; ...

h) take into account the Committee’s general comment No. 1 (2001) on the aims of education."

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Session 039 (2005)

(13 September 2005, CRC/C/15/Add.262, Concluding observations on second/third report, paras. 37, 38, 39, 73 and 74)

"While taking note that the Childhood and Adolescence Code prohibits corporal punishment in schools and in the penal system as well as the introduction of programmes such as ‘good treatment’, the Committee remains concerned that corporal punishment is still traditionally accepted and widely practised in the family and in other settings as a form of discipline.

"The Committee recommends that the State party introduce and enforce legislation prohibiting all forms of corporal punishment in all settings, including in the family and alternative childcare system, as well as strengthening awareness-raising campaigns to ensure that alternative forms of discipline are administered in a manner consistent with the human dignity of the child and in conformity with the Convention, in particular article 28(2).

"With reference to the United Nations study on violence against children (A/61/299), the Committee recommends that the State party:

a) take all necessary measures for the implementation of the recommendations contained in the report of the independent expert for the United Nations study on violence against children while taking into account the outcome and recommendations of the regional consultation for Latin America held in Argentina between 30 May and 1 June 2005. In particular, the Committee recommends that the State party pay particular attention to the following recommendations:

(i) to prohibit all violence against children, including corporal punishment in all settings….

"The Committee takes note of the various measures undertaken by the State party with regard to indigenous children…. However, the Committee remains concerned … that indigenous children ...

b) are subjected to punishment, including forms of public shaming….

"The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. In this regard, the Committee refers the State party to its recommendations adopted following its day of general discussion on the rights of indigenous children at its thirty-fourth session in 2003. The Committee further recommends that the State party provide indigenous communities, including children with sufficient information regarding birth registration procedures, child labour, HIV/AIDS, child abuse and neglect, including corporal punishment."

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