Committee on the Rights of the Child: Georgia

Session 074 (2017)

(9 March 2017, CRC/C/GEO/CO/4, Concluding observations on fourth report, paras. 5, 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 and child abuse (paras. 21-22), sexual exploitation and abuse (paras. 23-24), family environment (paras. 26-27), children with disabilities (paras. 29-30), health and health services (paras. 31-32) and internally displaced children (paras. 38-39).”

“While welcoming the efforts made by the State party to combat domestic violence, including amendments to the law on combating domestic violence and the new child protection referral mechanism adopted in 2016, the programme on the identification and prevention of violent and behavioural disorder, piloted from 2016 onwards, and the standing programme on violence against children and the redirection procedures in case of the need for child protection, implemented since 2015, the Committee is strongly concerned by:

(a)The prevalence of corporal punishment in the home as well as schools and institutions;

(b)The lack of legislation criminalizing corporal punishment and of awareness-raising activities to combat that practice...

“In the light of its general comments No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and No. 13 (2011) on the right of the child to freedom from all forms of violence and taking note of target 16.2 of the Sustainable Development Goals on ending abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee urges the State party to:

(a) Adopt legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including educational institutions, alternative care institutions and the home;

(b) Further strengthen programmes and policies combating violence against children, including community-based programmes and campaigns aimed at preventing and tackling domestic violence, child abuse and neglect, and involve children, former child victims, volunteers and community members in their implementation so as to promote positive, non-violent and participatory forms of child-rearing and discipline…”

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Session 048 (2008)

(23 June 2008, CRC/C/GEO/CO/3, Concluding observations on third report, paras. 31 and 32)

"While noting the legal prohibition of corporal punishment in school as stipulated in Article 19 of the Law on General Education, the Committee notes with concern that corporal punishment in the home remains lawful. Furthermore the Committee concerned that corporal punishment continues to occur in the home as well as schools and institutions.

"The Committee recommends that the State party adopt legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns against corporal punishment and promote positive, non-violent forms of discipline as an alternative to corporal punishment, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006)."

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Session 034 (2003)

(27 October 2003, CRC/C/15/Add.222, Concluding observations on second report, paras. 44 and 45)

"The Committee welcomes the fact that the State party considers corporal punishment totally unacceptable and inadmissible. However, the Committee notes that the prohibition of corporal punishment, referred to in the second periodic report of Georgia to the Human Rights Committee (see CCPR/C/GEO/2000/2, paragraph 117), refers only to the educational system and institutional care establishments, and regrets that corporal punishment is not explicitly prohibited in the family.

"The Committee encourages the State party expressly to prohibit corporal punishment in the family in legislation and to fully implement the prohibition of the use of violence, including corporal punishment, in schools and institutions, inter alia, by promoting positive, non-violent forms of discipline, especially in families, schools and care institutions in light of article 28 (2) of the Convention."

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Session 024 (2000)

(28 June 2000, CRC/C/15/Add.124, Concluding observations on initial report, paras. 42 and 43)

"While the Committee notes that corporal punishment in schools is prohibited by law and that there is an intention also to prohibit its use within the family, it is concerned that this type of punishment continues to be used in schools, families and care institutions.

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, schools and care institutions. The Committee further recommends that the State party, through, for example, public awareness campaigns, promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in families, the schools and care institutions."

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