Committee on the Rights of the Child, session 79 (2018)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 79 (17 September - 5 October 2018)

El Salvador

(11 October 2018, CRC/C/SLV/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 25)

“The Committee is deeply concerned that corporal punishment of children is still lawful and culturally justified, and that the multiple indicator cluster survey for 2014 showed that forty per cent of children suffered corporal punishment at home. With reference to its general comment No. 8 (2006) on corporal punishment and recalling its previous recommendations (CRC/C/SLV/CO/3-4, para. 55), the Committee urges the State party to:

(a) Promptly adopt a law prohibiting corporal punishment in all settings;

(b) Review article 215 of the Family Code, article 204 of the Criminal Code, and article 38 of the Law for the Integral Protection of Children and Adolescents to criminalize corporal punishment without exceptions;

(c) Take measures to promote positive, non-violent and participatory forms of child-rearing and discipline.”

Lao PDR

(11 October 2018, CRC/C/LAO/CO/3-6 Advance unedited version, Concluding observations on third/sixth report, para. 22)

“The Committee takes note with appreciation of the adoption of the Law on Preventing and Combatting Violence against Women and Children in 2015, which prohibits all forms of violence against women and children in all settings, but is concerned that corporal punishment is still practised in the State party. Recalling its General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party ensure that corporal punishment, however light, against children in all settings is explicitly prohibited in the draft Penal Code. Furthermore, the Committee recommends that the State party conduct awareness-raising programmes for parents, professionals and the public in general to promote positive, non-violent and participatory forms of child- rearing and discipline as an alternative to corporal punishment. The programmes should include awareness of the physical and psychologically harmful effects of corporal punishment.”

Mauritania

(11 October 2018, CRC/C/MRT/CO/3-5 Advance unedited version, Concluding observations on third/fifth report, para. 25)

“In view of the fact that corporal punishment is not prohibited in all settings and is still widely accepted as a means of disciplining children, the Committee reiterates its previous recommendations (see CRC/C/MRT/CO/2, para. 41) and urges the State Party to:

(a) Revise its legislation, including the Criminal Code and Order No. 2005- 015 on the judicial protection of children, to prohibit the imposition of corporal punishment, including whipping and amputation, as a sentence for any offence committed while the offender was under 18 years of age;

(b) Explicitly prohibit the use of corporal punishment by law in all settings;

(c) Promote positive, non-violent and participatory forms of child-rearing and discipline, and raise the awareness of parents, professionals working with children and the public in general to the harm caused by corporal punishment;

(d) Ensure that offenders are expeditiously prosecuted and appropriately sanctioned by the relevant administrative and judicial authorities.”

Niger

(11 October 2018, CRC/C/NER/CO/3-5 Advance unedited version, Concluding observations on third/fifth report, para. 22)

“With reference to its general comment No. 8 (2006) on corporal punishment, the Committee recalls its previous recommendation (CRC/C/NER/CO/2, para 38) and urges the State party to:

(a) Explicitly prohibit corporal punishment by law in all settings including in the home and in Koranic schools, and ensure that those laws are effectively implemented and that legal proceedings are systematically initiated against those responsible for mistreating children;

(b) Conduct a comprehensive study to assess the causes, nature and extent of corporal punishment;

(c) Introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice, and promote positive, nonviolent, participatory forms of child-rearing and education;

(d) Ensure that an educational programme be undertaken against corporal punishment, insisting both on child rights and the psychological aspects;

(e) Ensure recovery and social reintegration of victims of corporal punishment;

(f) Take appropriate measures to address ill-treatment of children in Koranic schools and prosecute perpetrators in accordance with the criminal law.”