Human Rights Committee, session 108 (2013)

Recommendations/observations on corporal punishment in the Human Rights Committee's concluding observations to states examined in session 108 (8-26 July 2013)

Albania

(22 August 2013, CCPR/C/ALB/CO/2, Concluding observations on second report, para. 11)

"While commending the State party for criminalizing domestic violence and spousal rape in its Criminal Code, the Committee notes with regret the continuing reports of domestic violence against women and children, including corporal punishment. It is particularly concerned at reports of ineffective police investigation into complaints of domestic violence, which in turn result in actual impunity of perpetrators. The Committee is also concerned about the rare number of convictions and the lack of follow-up to protection orders, rendering them largely ineffective. Finally, the Committee is concerned about the lack of a sufficient number of shelters for victims of domestic violence (arts. 3, 7 and 24).

The State party should:

a)     adopt a comprehensive approach to preventing and addressing violence against women and children in all its forms and manifestations;

b)     intensify its awareness-raising measures among the police, judiciary, prosecutors, community representatives, women and men on the magnitude of domestic violence and its detrimental impact on the lives of victims;

c)     encourage non-violent forms of discipline as alternatives to corporal punishment; …."

Czech Republic

(22 August 2013, CCPR/C/CZE/CO/3, Concluding observations on third report, para. 19)

"While welcoming the criminalization of various forms of child abuse, and the various initiatives to prevent these practices, the Committee is concerned at the large number of victims of sexual abuse and the small number of cases that are reported by the victims themselves. The Committee is also concerned that corporal punishment is currently not explicitly prohibited by law in public institutional settings and in the home (arts. 7 and 24).

The State party should further strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse and taking steps to ensure that all cases of abuse of children are effectively and promptly investigated, and that perpetrators are brought to justice. The State party should also take practical steps to put an end to corporal punishment in all settings. It should encourage non- violent forms of discipline as alternatives to corporal punishment, and should conduct more public information campaigns to raise awareness about its harmful effects."

Indonesia

(21 August 2013, CCPR/C/IND/CO/1, Concluding observations on initial report, para. 15)

"The Committee regrets the use of corporal punishment in the penal system, particularly in Aceh province, where the Acehnese Criminal Law (Qanun Jinayah), inter alia, provides for penalties that violate article 7 of the Covenant, such as flogging, for offences against the qanun (by-law) governing attire, the qanun khalwat (prohibiting a man and a woman from being alone in a quiet place) and the qanun khamar (prohibiting the consumption of alcohol). The Committee also regrets that the execution of these sentences by sharia police (Wilayatul Hisbah) disproportionately affects women (arts. 2, 3, 7 and 26).

The State party should take practical steps to put an end to corporal punishment in the penal system and in all settings. In this regard, the State party should repeal the Acehnese Criminal Law (Qanun Jinayah), which permits the use of corporal punishment in the penal system. The State party should act vigorously to prevent any use of corporal punishment under this law as a form of punishment for criminal offences until it is repealed."

Tajikistan

(22 August 2013, CCPR/C/TJK/CO/2, Concluding observations on second report, para. 15)

"The Committee expresses concern that corporal punishment is not explicitly prohibited in schools, and continues to be accepted and practised as a form of discipline by parents and guardians (arts. 7 and 24).

The State party should pursue its intention as stated during the dialogue and amend the Education Act (2004) to explicitly prohibit corporal punishment in schools. The State party should also take practical steps to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects."

This is an automatic translation service. Extracts from laws, treaty body recommendations and Universal Periodic Review outcomes are unofficial translations.