Human Rights Committee, session 120 (2017)

Recommendations/observations on corporal punishment in the Human Rights Committee's concluding observations to states examined in session 120 (3 - 28 July 2017)

Madagascar

([July 2017], CCPR/C/MDG/CO/4, Concluding observations on fourth report, Advance unedited version, paras. 31 and 32 [in French only])

“Le Comité prend note de la loi n° 2007-023 du 20 août 2007 sur les droits et la protection de l’enfant. Il regrette toutefois qu’à ce jour, les châtiments corporels ne soient formellement prohibés que dans le cadre scolaire (arts. 7 et 24).

“L’État partie devrait prendre des mesures pratiques, notamment d’ordre législatif, pour mettre un terme aux châtiments corporels dans tous les contextes. Il devrait encourager le recours à des formes non violentes de discipline pour remplacer les châtiments corporels et mener des campagnes d’information pour sensibiliser la population aux effets préjudiciables de cette pratique. ”

Mongolia

([July 2017], CCPR/C/MNG/CO/6, Concluding observations on sixth report, Advance unedited version, paras. 17 and 18)

“While welcoming the introduction of criminal punishment for domestic violence by the revised Law on Domestic Violence, the Committee is concerned about reports of violence against women and children, including domestic violence, that remain widespread in the State party. It is also concerned that despite legal prohibition of corporal punishment of children in all settings, corporal punishment continues to be used widely in the home and in schools. (arts. 2, 3, 6, 7, 24 and 26)

“The State party should increase its efforts to prevent and eradicate domestic violence against women, including through implementation of the revised Law on Domestic Violence, and by ensuring that all allegations of domestic violence are reported and promptly, thoroughly and effectively investigated, that the perpetrators are prosecuted and, if convicted, punished with commensurate sanctions and that the victims have access to effective remedies, full reparation and means of protection. The State party should also provide training to State officials, in particular law enforcement officials, judges and prosecutors, to ensure that they are able to respond promptly and effectively to cases of domestic violence. It should ensure effective implementation of prohibition of corporal punishment of children in all settings, including through public education and awareness-raising programmes.”

Pakistan

([July 2017], CCPR/C/PAK/CO/1, Concluding observations on initial report, Advance unedited version, paras. 13 and 14)

“The Committee is concerned that, despite efforts made by the State party, violence against women is still prevalent. It is particularly concerned that so-called honour killings continue to occur; qisas and diyat laws are reportedly applied to some of these cases and some jirgas in remote areas continue to exercise jurisdiction over these cases…

“The State party should continue its efforts to:…

(b)        Effectively enforce anti-honour killings laws, anti-rape law and other relevant laws criminalizing violence against women and domestic violence, and monitor their enforcement throughout the territory;

(c)        Enforce the prohibition of the application of qisas and diyat laws to so-called honour-related crimes and continue to regulate and supervise jirgas;”

Swaziland

([July 2017], CCPR/C/SWZ/CO/1, Concluding observations on initial report, Advance unedited version, paras. 50 and 51)

“While noting that the Children’s Protection and Welfare Act abolished the use of corporal punishment as a judicial sentence for children, the Committee remains concerned that corporal punishment is still lawful in the home, alternative care, day care, schools and penal institutions (arts. 7 and 24).

“The State party should take practical steps, including through legislative measures where appropriate, 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.”

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