Committee on the Rights of the Child, session 84 (2020)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 84 (2 - 6 March 2020)

Cook Islands

(2 April 2020, CRC/C/COK/CO/1, Concluding observations on second/fifth report, paras. 25 and 26)

“While noting that the Education Act prohibits corporal punishment in schools, the Committee is seriously concerned that such punishment remains legal in other settings, including in the home, alternative care settings, some forms of day-care settings and penal institutions. The Committee is concerned in particular that section 32 of the draft crimes bill elaboration in 2017 provides for the so-called “lawful correction of a child”, as does the Crimes Act.

“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 urges the State party to:

a) repeal laws that permit the corporal punishment of children and enact legislation to explicitly prohibit such punishment in all settings;

b) intensify efforts to promote positive, non-violent and participatory forms of child-rearing and discipline, including by strengthening awareness-raising programmes and campaigns targeting children, parents, teachers and traditional, religious and community leaders.

Micronesia

(3 April 2020, CRC/C/FSM/CO/2, Concluding observations on second report, paras. 36 and 37)

“The Committee welcomes the State party’s acceptance of the recommendation made in the context of the second cycle of the universal periodic review, in 2015, to prohibit all forms of corporal punishment of children in all settings. However, the Committee is seriously concerned that, although corporal punishment is prohibited as a sentence for a crime, it is not prohibited in the home, schools, childcare institutions, alternative care settings or penal institutions.

“The Committee urges the State party:

a) To explicitly prohibit, as a matter of priority, corporal punishment in law in all settings, including in the home, schools, childcare institutions, alternative care settings and penal institutions;

b) To develop teacher training on alternative, non-violent forms of discipline and ensure that it is part of pre-service and in-service training programmes;

c) To provide children with a complaint mechanism, especially in schools, to safely and confidentially report teachers and others who use corporal punishment;

d) To conduct awareness-raising programmes for parents and professionals working with and for children to promote attitudinal change, within the family and at the community level, with regard to corporal punishment and to encourage the use of alternative, non-violent forms of discipline.

Tuvalu

(31 March 2020, CRC/C/TUV/CO/2-5, Concluding observations on second/fifth report, paras. 27 and 28)

“According to the information given by the State party delegation during the constructive dialogue, the Committee notes with appreciation that following the amendments made to the Education Act and the Island Court Act, it is no longer legal to exercise corporal punishment in schools and as a form of criminal sentence. It also welcomes the awareness-raising programmes against corporal punishment, including campaigns, carried out in schools in Funafuti. However, the Committee is seriously concerned that corporal punishment remains legal in the home and in the community under article 226 (4) of the Penal Code.

“With reference to 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 urges the State party to:

a) Repeal article 226 (4) of its Penal Code and take the legislative and policy measures necessary to explicitly prohibit corporal punishment in all settings;

b) Promote positive, non-violent and participatory forms of child-rearing and discipline, including by strengthening awareness-raising programmes and campaigns targeting children, parents, teachers and traditional, religious and community leaders.