Committee on the Rights of the Child: Myanmar
Session 059 (2012)
(14 March 2012, CRC/C/MMR/CO/3-4, Concluding observations on third/fourth report, paras. 53 and 54)
"While noting the legal provisions prohibiting corporal punishment in schools and welcoming the ongoing discussion in the State party with a view to prohibiting corporal punishment in all settings, the Committee is concerned that corporal punishment is still lawful within the family and in alternative care settings and is a disciplinary measure in prisons, including for children under 16 years of age.
"With reference to 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 recalls its previous concluding observations (CRC/C/15/Add.237) and urges the State party to:
a) ensure that legal provisions prohibiting corporal punishment in school are effectively implemented and that legal proceedings are systematically initiated against those responsible for ill-treating children;
b) withdraw provisions of the Child Law and the Penal Code authorizing corporal punishment and prohibit unequivocally by law and without any further delay corporal punishment in all settings, including the family, penal institutions, and alternative care settings;
c) strengthen 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 general attitude towards this practice and promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment; and
d) ensure the involvement and participation of the whole society, including children, in the design and implementation of preventive strategies against violence and other forms of abuse."Read more from Session 059 (2012)
Session 036 (2004)
(30 June 2004, CRC/C/15/Add.237, Concluding observations on second report, paras. 7, 8, 38 and 39)
"The Committee is aware of the efforts undertaken by the State party to amend the Child Law (1993), in particular, the enactment of the Rules and Regulations related to the Child Law in 2001, in order to fully harmonize it with the provisions and principles of the Convention, but is of the view that the Child Law is still not in full compliance with the Convention. The Committee … remains concerned at the fact that the Village and Town Acts are still in existence. This concern is also reiterated regarding the existence of the Citizenship Act and the Whipping Act, despite previous recommendations of the Committee to amend or repeal them.
"In light of the previous recommendations (CRC/C/15/Add.69, para. 28), the Committee recommends that the State party:
b) repeal the Whipping Act and amend the Citizenship Act and the Village and Town Acts….
"The Committee is deeply concerned that article 66 (d) of the 1993 Child Law provides for possible ‘admonition by a parent, teacher, or other person having the right to control the child’ and that corporal punishment continues to be regarded as acceptable in society. The Committee is also concerned that the State party has not repealed the Whipping Act and that the orders prohibiting corporal punishment in schools do not seem to be effective.
"The Committee strongly recommends that the State party repeal article 66 (d) of the 1993 Child Law and prohibit corporal punishment in the family, the schools and other institutions, and undertake education campaigns to educate families and professionals on alternative forms of discipline."Read more from Session 036 (2004)
Session 014 (1997)
(24 January 1997, CRC/C/15/Add.69, Concluding observations on initial report, para. 28)
"The Committee recommends that the State party undertake a comprehensive review of the national legislation to bring it into conformity with the principles and provisions of the Convention, especially in the areas of non-discrimination, citizenship, freedom of association, corporal punishment, child labour, adoption and the administration of juvenile justice. The Committee also recommends that the Citizenship Act, the Village and Towns Acts and the Whipping Acts be repealed…."Read more from Session 014 (1997)