Committee on the Rights of the Child: Nicaragua

Session 055 (2010)

(20 October 2010, CRC/C/NIC/CO/4, Concluding observations on fourth report, paras. 6, 7, 48, 49 and 50)

"The Committee notes with concern that various concerns and recommendations made upon consideration of the State party’s third periodic report (CRC/C/15/Add.265) of 21 September 2005 have been insufficiently addressed. The Committee notes that those concerns and recommendations are reiterated in the present document.

"The Committee urges the State party to take all necessary measures to address the recommendations contained in the concluding observations on the third periodic report that have not been sufficiently implemented, including those related to … corporal punishment….

"The Committee is very concerned that while article 155 of the Penal Code prohibits corporal punishment it makes an exception for ‘disciplinary correction.’ It is also concerned at the inadequate application of MINED administrative regulations that prohibit physical punishment in school.

"The Committee strongly recommends that the State party amend article 155 of the Penal Code to explicitly state that all corporal punishment – in the family, alternative care settings, school, public administration and judicial settings – constitutes an offence. Furthermore, the Committee urges the State party to ensure that the Education Law and the administrative regulations concerning alternative methods of positive and participatory discipline are enforced, and that abusers are severely punished. Regarding the police and the judiciary, the Committee recommends that appropriate standards be set and enforced to prevent and severely sanction corporal punishment of children and adolescents while in police custody and during judicial proceedings.

"With reference to the United Nations study on violence against children (A/61/299), the Committee recommends that the State party take all necessary measures to implement the recommendations contained in the report of the independent expert, while taking into account the outcome and recommendations of the regional consultation on violence against children, held in Buenos Aires from 30 May to 1 June 2005. In particular, the Committee urges the State Party to pay particular attention to the following recommendations:

a) prohibit all forms of violence against children in all settings, including all corporal punishment…."

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Session 039 (2005)

(21 September 2005, CRC/C/15/Add.265, Concluding observations on third report, paras. 43 and 44)

"While the Committee notes that there is legislation in place prohibiting all forms of violence against children, including corporal punishment, it expresses concern that this legislation does not seem to be interpreted as prohibiting all forms of corporal punishment and that corporal punishment is still widely accepted in society.

"The Committee recommends that the State party introduce – and enforce where applicable – legislation explicitly prohibiting all forms of corporal punishment of children in the home, schools and all other institutions and forms of childcare. The State party should also conduct awareness-raising and public education campaigns against corporal punishment and promote non-violent, participatory forms of discipline."

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