Committee on the Rights of Persons with Disabilities, session 17 (2017)

Recommendations/observations on corporal punishment in the Committee on the Rights of Persons with Disabilities' concluding observations to states examined in session 17 (20 March - 12 April 2017)

Bosnia and Herzegovina

(12 April 2017, CRPD/C/BIH/CO/1, Concluding observations on initial report, Advance unedited version, paras. 14 and 15)

“The Committee is concerned that corporal punishment of children, especially children with disabilities, is not explicitly prohibited in the family, alternative care and day care settings in the State party. It is further concerned that there is no universal and equal access to services of early childhood recognition and intervention for children with disabilities.

“The Committee recommends that the State Party:

(a) Explicitly and universally prohibit corporal punishment of children, with particular attention for children with disabilities living in institutions;

(b) Provide children with disabilities with sufficient early childhood intervention and development services in cooperation with organisations of parents with children with disabilities at the local level.”

Iran

(12 April 2017, CRPD/C/IRN/CO/1, Concluding observations on initial report, Advance unedited version, paras. 32 and 33)

“The Committee is concerned about:

(a) The absence of complaint mechanisms for persons with disabilities in cases of torture, cruel, inhuman or degrading treatment particularly in residential institutions or psychiatric hospitals;

(b) The enforcement of mutilation as a form of criminal sentence, and the stigmatization against persons who have impairment as a consequence of such punishment; and,

(c) The absence of measures to protect persons with disabilities against obligatory medical or scientific research/experimentation.

“The Committee recommends that the State party:

(a) Establish a mechanism to file complaints against all forms of torture, cruel, inhuman or degrading punishment and a monitoring mechanism to prevent torture in all settings where persons with disabilities are deprived of their liberty;

(b) Enact legislation to prohibit all corporal punishment of children with disabilities and to protect them from such practice;

(c) Provide explicit guidelines for judges in order to replace the punishment of mutilation for other type of penalties, and combat stigma against persons with physical impairments due to mutilation; and

(d) Introduce the requirement of and protocols to ensure free and informed consent of persons with disabilities concerning scientific research.”

Jordan

(12 April 2017, CRPD/C/JOR/CO/1, Concluding observations on initial report, Advance unedited version, paras. 33 and 34)

“The Committee is concerned that articles 8 and 62 of the Criminal Code (No. 16 of 1960), referring to “discipline and what is permitted by law and allowed by customs”, may, in practice, be used to justify acts of violence against women, girls and boys with disabilities.

“The Committee recommends that the State party:

(a) Repeal articles 8 and 62 of the Criminal Code, to fully prohibit corporal punishment; and,

(b) Mainstream a disability-rights perspective in the System of the National Taskforce on Family Protection against Violence No. 33 of 2016 and in the new draft law on protection against family violence.”

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