Committee on the Rights of Persons with Disabilities, session 19 (2018)

Recommendations/observations on corporal punishment in the Committee on the Rights of Persons with Disabilities' concluding observations to states examined in session 19 (14 February - 9 March 2018)

Haiti

(28 February 2018, CRPD/C/HTI/CO/1 Advance unedited version, Concluding observations on initial report, paras. 12 and 13)

“The Committee is seriously concerned by the abandonment and neglect of and violence against children with disabilities, including ill treatment and corporal punishment, within the family, at schools and in residential alternative care facilities…

“The Committee recommends that the State party take concrete legal and other measures to ensure the protection of children with disabilities from abandonment, neglect and abuse, including explicitly prohibiting corporal punishment in all settings. It also recommends that the State party collect and analyse disaggregated data on the situation of children with disabilities, including child abandonment and neglect, with a view to designing appropriate policy responses. In particular the Committee recommends that the State party:

(a) Ensure the inclusion of children with disabilities in the national strategy for the protection of the child;

(b) Increase resources for parents and families with children with disabilities and ensure they benefit from the same social, education, health care, education, and economic services and support on an equal basis with others;

(c) Encourage alternative care in family settings for children with disabilities and, in the meantime, ensure residential alternative care facilities have adequately trained staff and sufficient financial resources to ensure the rights of children with disabilities in those facilities.”

Oman

(2 March 2018, CRPD/C/OMN/CO/1 Advance unedited version, Concluding observations on initial report, paras. 15, 16, 31 and 32)

“The Committee is concerned that:

(a) Both de jure and de facto discrimination of children with disabilities, especially with respect to access to social and health services and equal education opportunities, continues to be problematic in the State party;

(b) Boys and girls with disabilities in the State party reportedly experience high levels of abuse and violence, including corporal punishment, in the home, in schools, in institutions and in alternative and day care settings;…

“The Committee recommends that the State party:

(a) Ensure that all children with disabilities enjoy their rights under the Convention and in line with the best interest of the child principle, both de jure and de facto, including through the amendment of the Child Act of 2014 to explicitly prohibit corporal punishment of children in all settings, and that it intensify efforts to ensure the effective elimination of any form of discrimination against children with disabilities, through awareness-raising programmes, including campaigns and education, especially in the schools and at the community level;

(b) In line with the Convention and Sustainable Development Goal 16 (target 16.2), adopt legislation and concrete measures to ensure that children with disabilities are adequately protected from abuse and violence, and that perpetrators are sanctioned;

(c) Mainstream disability rights in national strategies and action plans for children, including the adoption and implementation of a national plan for the care of children with disabilities, including in cooperation with UNICEF;…”

“The Committee is concerned about insufficient measures to prevent abuse and violence against persons with disabilities in the home, institutions, alternative care and day care settings, that corporal punishment of children is widespread in the State party and that there is insufficient awareness about complaint mechanisms and support services for victims.

“The Committee recommends that the State party:

(a) Adopt and implement legislation, policies and programmes to protect all persons with disabilities, in particular women with intellectual and/or psychosocial disabilities, and children with disabilities from all forms of abuse and violence, including corporal punishment, in particular by stepping-up implementation of the national strategy for protecting children from all types of abuses, and adopting the draft Regulations to the Child Act on female genital mutilation;

(b) Raise awareness about the telephone hotline to report cases of abuse, neglect and violence, and ensure that the e-service complaint mechanism is accessible and inclusive, raise-awareness about the complaint mechanism to persons with disabilities and their families, and ensure the provision of accessible information and victim support services in all parts of the State party, in particular for women and children with disabilities;

(c) Ensure that all cases in which persons with disabilities are exposed to abuse and violence, in particular children, are reported and fully investigated, that perpetrators are prosecuted and appropriately punished and that victims are provided with effective redress, including compensation and rehabilitation;

(d) Ensure regular training on preventing and addressing violence against persons with disabilities for all relevant authorities and other stakeholders, including law enforcement officials, judges, social workers, health professionals and teachers, as well as promote positive, non-violent and participatory forms of child-rearing and discipline as an alternative to corporal punishment, and expand parenting education programmes and support for families with children with disabilities.”

Seychelles

(1 March 2018, CRPD/C/SYC/CO/1 Advance unedited version, Concluding observations on initial report, paras. 16 and 17)

“The Committee notes with concern:

(a) Delays in the review of the Children Act and other child related laws and that corporal punishment has not been prohibited in all settings; …

“The Committee recommends that the State party:

(a) Expedite the revision of the Children Act and ensure the inclusion of a disability perspective in line with the Convention and a ban on corporal punishment in all settings; …”

Slovenia

(5 March 2018, CRPD/C/SVN/CO/1 Advance unedited version, Concluding observations on initial report, paras. 10 and 11)

“The Committee is concerned about:

(a) The lack of an explicit and comprehensive prohibition of corporal punishment of children in all settings in the State party and the absence of specific measures to address violence against children with disabilities; …

“The Committee recalls the concluding observations adopted by the Committee on the Rights of the Child (see CRC/C/SVN/CO/3-4, para. 38), and recommends that the State party:

(a) Explicitly prohibit any kind of corporal punishment of children in all settings, including alternative care institutions, and adopt a strategy to monitor the situation of children with disabilities in alternative care aimed at identifying all instances of violence against children with disabilities. The State party should ensure non-violent and participatory forms of child-rearing that include families with children with disabilities;

(b) Ensure the effective coordination among different actors involved in child protection; …”

Sudan

(2 March 2018, CRPD/C/SDN/CO/1 Advance unedited version, Concluding observations on initial report, paras. 15 and 16)

“The Committee is concerned about:

(a) The lack of measures taken to criminalize violence against children with disabilities, including corporal punishment and sexual violence, in all settings and under all circumstances;

(b) The absence of the rights of children with disabilities in national policies, plans and programs for children; …

“The Committee recommends that the State party:

(a) Criminalize violence against children with disabilities, including corporal punishment and sexual violence, under all circumstances and in all settings, including by amending the Children’s Act of 2010 and the Criminal Code, and adopt and implement measures for sanctioning perpetrators;

(b) Mainstream the rights of children with disabilities in national policies, plans and programs for children…”

In this session

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