Committee on the Rights of the Child: Senegal

Session 071 (2016)

(29 January 2016, CRC/C/SEN/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth report, paras. 5, 35 and 36)

“The Committee also welcomes the following institutional and policy measures: ...

k) National Plan of Action for Law Reform to Criminalise Corporal Punishment and All Forms of violence Against Children.

“The Committee welcomes the various measures undertaken by the State party to address and eliminate corporal punishment against children. The Committee also notes with appreciation the existence of a child helpline. However, the Committee is concerned about:

a) the absence of full and explicit prohibition of corporal punishment in the home, schools, including daaras, penal institutions, and alternative care settings;

b) the lack of protection and assistance provided to child victims of corporal punishment and violence; and

c) the lack of effectiveness of awareness-raising programmes to combat corporal punishment and other forms of violence against children.

“With reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8), the Committee recommends that the State party:

a) repeal all provisions that authorise corporal punishment, including article 285 of the Family Code which appears to condone physical violence against children to ‘a degree compatible with the child’s age and the correction of his/her behaviour’;

b) ensure that corporal punishment is explicitly prohibited in all settings, including within the family, in schools, including in daaras, penal institutions, and alternative care settings, and ensure their effective implementation;

c) sensitize and educate parents, guardians and professionals working with and for children, by carrying out public educational campaigns about the harmful impact of corporal punishment and promote positive, non-violent forms of 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 with regard to the corporal punishment of children.”

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Session 043 (2006)

(20 October 2006, CRC/C/SEN/CO/2, Concluding observations on second report, paras. 36 and 37)

"While noting that corporal punishment is prohibited in schools, the Committee is concerned that corporal punishment within the family is not prohibited by law and that corporal punishment is used in schools and other institutional settings.

"The Committee recommends that the State party, taking into account its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment:

a) amend all relevant laws to ensure that corporal punishment is explicitly prohibited in all settings, including the family, penal institutions, and alternative care settings, and ensure the effective implementation of these laws, including in schools; and

b) sensitize and educate parents, guardians and professionals working with and for children, by carrying out public educational campaigns about the harmful impact of corporal punishment and promote positive, nonviolent forms of discipline as an alternative to corporal punishment."

Read more from Session 043 (2006)

Session 010 (1995)

(27 November 1995, CRC/C/15/Add.44, Concluding observations on initial report, para. 24)

"The Committee recommends that the State party ensure that national legislation conforms fully to the provisions and principles of the Convention, in the light of the concerns identified by the Committee and of the study on a comprehensive law reform conducted under the auspices of UNICEF. The principles of the Convention including those relating to the best interests of the child and the prohibition of discrimination and of participation of children in matters affecting them should be reflected in domestic law. Specific provisions should be included with a view to clearly forbidding female genital mutilation and any form of torture or cruel, inhuman or degrading treatment or punishment, as well as any form of corporal punishment within the family. Adequate legislative and other measures should also be taken to establish a complaints procedure for children whose fundamental rights have been violated."

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