Committee on the Rights of the Child: TFYR Macedonia

Session 054 (2010)

(23 June 2010, CRC/C/MKD/CO/2, Concluding observations on second report, paras. 38, 39, 40 and 41)

"While welcoming the strengthening of anti-torture provisions through amendments of the Criminal Code and the amending of the Law on the Ombudsman in 2009 to bring the institution into line with the Optional Protocol to the Convention against Torture, the Committee is deeply concerned about allegations of solitary confinement, corporal punishment and use of batons in the Educational-Correctional Institution.

"The Committee recommends that the State party take immediate measures to remove batons and to abolish the use of corporal punishment in the Educational-Correctional Institution. In line with article 37 (c), the State party should review or limit as far as possible the use of solitary confinement in the institution.

"While noting the prohibition of corporal punishment in schools and the penal system, the Committee is concerned that applicable law is not interpreted as prohibiting corporal punishment in the home and is further concerned about the high prevalence of physical punishment and aggression in the family.

"The Committee recommends that the State party:

a) prohibit corporal punishment in the home as a matter of urgency;

b) undertake a review of current legislation with a view to identifying protection gaps and ending the use of corporal punishment in all areas, including in schools, in the home, in the penal system, and in alternative care settings;

c) take due account of 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 (CRC/C/GC/8)."

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Session 023 (2000)

(23 February 2000, CRC/C/15/Add.118, Concluding observations on initial report, paras. 23 and 24)

"Recognising the State party’s efforts to end corporal punishment practices in schools, the Committee is nevertheless concerned that such practices have not been entirely ended in schools and also continue outside of the school context.

"The Committee urges the State party to continue its efforts to end corporal punishment practices in schools, to monitor and record the use of corporal punishment against children in all contexts, and to make every effort to prevent the practice of corporal punishment including through its prohibition by law. The Committee further encourages the State party to undertake campaigns to raise the awareness of parents, in particular, of the harmful effects of corporal punishment."

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