Committee on the Rights of the Child: Guatemala

Session 055 (2010)

(1 October 2010, CRC/C/GTM/CO/3-4, Concluding observations on third/fourth report, paras. 53, 54 and 55)

"While noting that Article 53 of the PINA Law prohibits corporal punishment, the Committee remains concerned that corporal punishment continues to be practiced in the home and in alternative care settings, and that there is no explicit prohibition of corporal punishment in schools. It is also concerned at the social acceptance of corporal punishment as a normal form of discipline.

"The Committee recommends that the State party amend Article 13 of the PINA Law as well as Article 253 of the Civil Code, and specifically prohibit corporal punishment and other forms of  cruel punishment  of children in all settings. It further recommends that the State party develop and implement information and awareness-raising campaigns among the population, in order to change the notion of disciplining through violence and the practice of violence present in many families. It further recommends the creation of an effective abuse detection system in the educational, health and alternative care systems, with appropriate instruments and means in order to provide assistance to children and training for the staff of the relevant institutions. The Committee brings to the State party’s attention 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.

"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:

i. Prohibit by law all forms of violence against children in all settings, including all corporal punishment...."

Read more from Session 055 (2010)

Session 012 (1996)

(7 June 1996, CRC/C/15/Add.58, Concluding observations on initial report, paras. 8 and 33)

"The decades of conflict affecting society have resulted in the frequent use of violence, including within the family.

"The Committee recommends that a comprehensive public information campaign be developed and implemented urgently to combat the abuse of children in the family and within society as well as the use of corporal punishment in schools."

Read more from Session 012 (1996)
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