Committee on the Rights of the Child: Panama

Session 058 (2011)

(21 December 2011, CRC/C/PAN/CO/3-4, Concluding observations on third/fourth report, paras. 45 and 46)

"The Committee is concerned that the law does not expressly prohibit corporal punishment in the home and in schools. Furthermore, the Committee is concerned that the Family Code (1994, art. 319) and the Civil Code (art. 188) confer the right of parents and guardians in alternative care settings to ‘correct’ children ‘reasonably and moderately’ and that the Family Code (art. 443) authorizes guardians to ‘moderately correct’ their wards. 

"The Committee reiterates its recommendations to explicitly prohibit in the State party’s legislation all forms of corporal punishment of children and to promote alternative forms of discipline. In this sense the Committee recommends that articles 319 and 443 of the Family Code and article 188 of the Civil Code be revised taking into account the Committee’s General comment number 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."

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Session 036 (2004)

(30 June 2004, CRC/C/15/Add.233, Concluding observations on second report, paras. 33, 34 and 40)

"While welcoming the prohibition of corporal punishment and other forms of violence against children by the adoption of the Law 38 on domestic violence and mistreatment of children and adolescents, which allows for the removal of the alleged perpetrator of violence against the child from the home, the Committee is concerned at the lack of specific measures for its full implementation.

"The Committee recommends that the State party takes the necessary measures:

a) for the full implementation of the Law 38, inter alia, through public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in the family, the schools and other institutions as an alternative to such punishment;

b) to strengthen complaints mechanisms for children in institutions to ensure that complaints of ill-treatment are dealt with effectively and in a child-sensitive manner by an independent body;

c) to ensure sufficient financial and other resources for the effective implementation of this law.

"The Committee reiterates the following recommendation to the State party:

a) that effective public awareness campaigns be developed and that measures be adopted to provide information, parental guidance and counselling with a view, inter alia, to preventing violence against their children, including the use of corporal punishment…."

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Session 014 (1997)

(24 January 1997, CRC/C/15/Add.68, Concluding observations on initial report, paras. 16 and 30)

"The Committee is concerned by the persistence of violence against children within the family, including the use of corporal punishment. In the light of article 17 of the Convention, the Committee is also concerned about the need for further measures to protect children from media information and material injurious to their wellbeing.

"The Committee recommends that effective public awareness campaigns be developed and that measures be adopted by the State party to provide appropriate assistance to the family in the performance of its child-rearing responsibilities, including parental guidance and counselling, with a view, inter alia, to preventing domestic violence and to prohibiting the use of corporal punishment as well as to preventing early pregnancies…."

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