Committee on the Rights of the Child: Nepal

Session 072 (2016)

(3 June 2016, CRC/C/NPL/CO/3-5, Concluding observations on fifth report, paras. 30 and 32)

"The Committee welcomes the prohibition of corporal punishment in article 39.7 of the Constitution. However, it remains concerned that corporal punishment is not explicitly prohibited in all legislation relating to children’s rights and remains, de facto, prevalent at home, in schools, and in other institutions and forms of childcare.

"The Committee reiterates its previous recommendation (CRC/C/15/Add.261, para. 48) for the State party to:

a) expressly prohibit corporal punishment and ill-treatment of children by law in the family, schools and other institutions;

b) expedite the process of amending the relevant provision of the Children’s Act and the 1963 Muluki Ain to ensure compliance with article 19 of the Convention;

c) strengthen awareness-raising campaigns to inform parents, teachers and professionals working with children, particularly in institutions, as well as the public at large, about the negative impact of corporal punishment and ill-treatment on children and actively involve children and the media in the process; and,

d) ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, in particular article 28 (2) as an alternative to corporal punishment at all levels of society."

Read more from Session 072 (2016)

Session 039 (2005)

(21 September 2005, CRC/C/15/Add.261, Concluding observations on second and third combined report, paras. 47, 48 and 76)

"The Committee is concerned that corporal punishment and ill-treatment of children is prevalent in the family, in schools and in other institutions. The Committee is concerned about the provisions in the 1992 Children’s Act and the 1963 Muluki Ain (Civil Code) which provide for corporal punishment in the home, in schools and in other institutions and forms of childcare, which is in clear contravention of article 19 of the Convention. The Committee underlines the importance of specific legal prohibition of traditional practices which are harmful to children by law.

"The Committee recommends that the State party:

a) expressly prohibit corporal punishment and ill-treatment of children by law in the family, schools and other institutions;

b) expedite the process of amending the relevant provisions of the Children’s Act and the 1963 Muluki Ain to ensure compliance with article 19 of the Convention;

c) strengthen awareness-raising campaigns to inform parents, teachers and professionals working with children, particularly in institutions, as well as the public at large about the negative impact of corporal punishment and ill-treatment on children and actively involve children and the media in the process;

d) ensure that positive, participatory, non-violent forms of discipline are administrated in a manner consistent with the child’s human dignity and in conformity with the Convention, in particular article 28 (2) as an alternative to corporal punishment at all levels of society.

"The Committee recommends … that the State party:

i) adopt appropriate legislative measures to combat the use of corporal punishment in schools…."

Read more from Session 039 (2005)

Session 012 (1996)

(7 June 1996, CRC/C/15/Add.57, Concluding observations on initial report, paras. 10, 12, 19 and 34)

"The Committee is concerned at the inadequate measures adopted to ensure that national legislation fully conforms with the principles and provisions of the Convention. The Committee notes in particular the lack of conformity of legislative provisions concerning non-discrimination including in relation to marriage, inheritance and parental property, torture and corporal punishment. The Committee is also concerned about the gap between existing legislation and its practical implementation.

"… The Committee also expresses its concern at section 7 of the Children’s Act which allows parents, members of the family and teachers to beat a child ‘if it is thought to be in the interest of the child’, as well as at the fact that, as recognized in the State party’s report, the views of the child are unlikely to be respected. The persistence of such traditional practices and attitudes seriously hampers the enjoyment of the rights of the child.

"The Committee is concerned that appropriate measures have not yet been taken to effectively prevent and combat any form of ill-treatment and corporal punishment of children within the family. It is seriously worried about the absence of adequate legislation and mechanisms designed to ensure the recovery and reintegration of child victims in the light of article 39 of the Convention.

"In the light of article 19 of the Convention, the Committee further recommends that the Government take all appropriate measures, including of a legislative nature, to combat any form of ill-treatment and sexual abuse of children, including within the family. It suggests, inter alia, that the authorities gather information and initiate a comprehensive study to improve the understanding of the nature and scope of the problem and set up social programmes to prevent all types of child abuse and neglect."

Read more from Session 012 (1996)

Country report

This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.