Committee on the Rights of the Child, session 82 (2019)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 82 (9 - 27 September 2019)

Australia

(30 September 2019, CRC/C/AUS/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 28)

“The Committee recall its previous recommendations (CRC/C/AUS/CO/4, paras. 44-45) and urges the State party to:

(a) Explicitly prohibit corporal punishment in law in all settings, including in homes, public and private schools, detention centres and alternative care settings, and repeal the legal defence of “reasonable chastisement”.

(b) Develop awareness-raising and education campaigns to promote positive and alternative forms of discipline, and the adverse consequences of corporal punishment.”

Bosnia and Herzegovina

(30 September 2019, CRC/C/BIH/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 24)

“With reference to its general comment No. 8 (2006) on corporal punishment, the Committee recalls its previous recommendations (CRC/C/BIH/CO/2-4, para. 40) and recommends that the State party:

a) Explicitly prohibit corporal punishment in all settings by law;

b) Raise awareness among parents and the general public on the harmful effects of corporal punishment for children so as to promote alternative positive, nonviolent and participatory forms of child-rearing and discipline;

c) Collect and disaggregate data on all cases of corporal punishment and their resolution in a coherent manner using the same definition across the administrative units.”

Mozambique

(1 October 2019, CRC/C/MOZ/CO/3-4 Advance unedited version, Concluding observations on third/fourth report, paras. 4 and 25)

“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: … violence against children (paras. 25-29)…”

“Noting with deep concern the extensive use of corporal punishment and the application of legal provisions which are interpreted as justification for such forms of discipline, the Committee urges the State party to:

a) Prioritize the explicit prohibition, through legislative and administrative measures, of corporal punishment in all settings, including in the home, in schools and in day-care and alternative care settings

b) Repeal all legislative provisions, including Article 24 of the Law on the Promotion and Protection of Children’s Rights, Article 51 of the Regulation on Basic Education and Article 179 of the Penal Code, which are interpreted as a justification for the use of corporal punishment

c) Strengthen its efforts to train parents, teachers, professionals working with children and the public on positive, non-violent forms of discipline and respect for children’s right to human dignity and physical integrity, with a view to eliminating the acceptance of the use of corporal punishment

Portugal

(27 September 2019, CRC/C/PRT/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 23)

“Welcoming the launch of the ‘Adelia Project’ to support positive parenting and prevent corporal punishment and with reference to its general comment No. 8 (2006) on corporal punishment, the Committee urges the State party to:

a) Ensure the complete prohibition of corporal punishment, however light, in all settings, including in family settings, in law and in practice;

b) Strengthen awareness-raising among children, parents, legal guardians and teachers, on the illegality of all forms of corporal punishment, without any distinction between the level of severity of the violence used, and on reporting procedures;

c) Build the capabilities of professionals that work with and for children, on positive, non-violent and participatory forms of child-rearing, and reinforce actions to promote these forms of child-rearing in society.”

Republic of Korea

(27 September 2019, CRC/C/KOR/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, paras. 5, 26 and 27)

“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: …violence against children (para. 27)…”

“While welcoming the adoption of the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, the increase in the child abuse prevention budget, local child protection agencies, shelters and psychotherapists, the Committee remains concerned at:

(a) The high prevalence of child abuse, including online violence and violence in school;

(b) The high incidence of repeated child abuse in the family without effective measures to prevent reoffending;

(c) The fact that corporal punishment is still legal in certain settings;

(d) The underreporting of child abuse;,

(e) Shortage of reliable data on child abuse;

(f) The absence of a comprehensive policy and strategy to address all forms of violence and abuse against children;

(g) Shortage of local child protection agencies, shelters, counsellors, psychologists and lawyers specialised in child abuse;

(h) Shortage of specialised support, including shelters, for migrant children and children with disabilities, who are victims of abuse.

“With reference to its general comments No. 13 (2011) on the right of the child to freedom from all forms of violence, No 8 (2006) on corporal punishment and SDG target 16.2 on ending abuse, exploitation, trafficking and all forms of violence against and torture of children, the Committee recommends that the State party:

(a) Establish a national database on all cases of violence and abuse against all children and undertake a comprehensive assessment of their extent, causes and nature;

(b) Formulate a comprehensive strategy and an action plan for preventing, combating and monitoring all forms of violence and abuse against children, including online violence;

(c) Explicitly prohibit corporal punishment, including “indirect corporal” and “disciplinary” punishment, in law and practices in all settings, in all territories of the State Party;

(d) Intensify awareness-raising and education programmes on all forms of violence and abuse; promote non-violent communication and conflict mediation in schools and positive, non-violent and participatory forms of child-rearing; and encourage the reporting of violence and abuse;

(e) Train professionals concerned to identify and adequately respond to cases of violence and child abuse, including psychological abuse, taking into account a gender perspective; and establish reporting guidelines;

(f) Ensure that cases of violence and child abuse are investigated and appropriately addressed;

(g) Ensure the development of programmes and policies for the prevention, recovery and social reintegration of child victims of abuse, including by: (i) further increasing the number of local child protection agencies and shelters, counsellors, clinical psychologists and lawyers dealing with child abuse cases; (ii) providing free legal representatives for child victims; (iii) ensuring access of migrant children and children with disabilities to shelters;

(h) Allocate adequate human, financial and technical resources for implementing the above mentioned recommendations and reducing regional disparities.”