Committee on the Rights of the Child: Madagascar

Session 059 (2012)

(8 March 2012, CRC/C/MDG/C0/3-4, Concluding observations on third/fourth report, paras. 37 and 38)

"The Committee notes that, although corporal punishment is prohibited in schools, it remains lawful in the home and alternative care settings. The Committee regrets that the State party report provides limited information on corporal punishment. 

"Taking due note of the Committee’s 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 recommends that the State party: 

a) consider enacting legislation to explicitly prohibit corporal punishment of children in all settings, including within the family and in alternative care settings; 

b) ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against those responsible of violence against children; and 

c) introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promote positive, non-violent, participatory forms of child-rearing and education as alternative forms of discipline."

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Session 034 (2003)

(27 October 2003, CRC/C/15/Add.218, Concluding observations on second report, paras. 45 and 46)

"While noting that child abuse is prohibited under the Criminal Code as amended by Act No. 98-024 of 25 January 1999, the Committee is concerned at the incidence of abuse, including sexual abuse, violence against and neglect of children in the State party; that corporal punishment is not prohibited under law; and that insufficient efforts have been made to protect children….

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

b) take all necessary steps to introduce the legal prohibition of corporal punishment in schools and other institutions and at home, and train teachers in the use of alternative measures of discipline…."

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