Committee on the Rights of the Child: Iraq

Session 068 (2015)

(4 February 2015, CRC/C/IRQ/CO/2-4, Concluding observations on second-fourth report, paras. 38 and 39)

"The Committee is concerned that children are routinely subjected to corporal punishment in the State party and that corporal punishment remains lawful in schools, in alternative care settings, and that while it is prohibited in detention and prison facilities, it is not explicitly prohibited in other institutions accommodating children in conflict with the law, including the Surveillance Centre, the Rehabilitation School for Preadolescents, the Rehabilitation Centre for Adolescents and the Juvenile Rehabilitation Centre. The Committee furthermore notes with concern that corporal punishment remains lawful in the home and that a husband has the legal right to discipline his wife by beating according to article 41 of the Penal Code (Act No. 111 (1969)).

"With reference to general comment No. 8 (2006) on protection from corporal punishment, the Committee urges the State party to explicitly prohibit corporal punishment in all settings and to:

a) ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are promptly initiated and systematically conducted against those responsible of mistreating children; and

b) introduce sustained public education, awareness-raising and social mobilization programmes, involving children, families, communities and religious leaders, on both the physical and psychological harmful effects of corporal punishment with a view to changing the attitude towards this practice and promote positive, non-violent and participatory forms of child-rearing and discipline."

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Session 019 (1998)

(26 October 1998, CRC/C/15/Add.94, Concluding observations on initial report, para. 20)

"In the light of article 19 of the Convention, the Committee expresses its concern that corporal punishment is not expressly prohibited in domestic legislation. The Committee recommends that the State party take all appropriate measures, including of a legislative nature, with the aim of prohibiting corporal punishment at all levels of society. The Committee also suggests that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention, especially article 28.2."

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