Committee on the Rights of the Child, session 78 (2018)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 78 (14 May - 1 June 2018)

Angola

(1 June 2018, CRC/C/AGO/5-7 Advance unedited version, Concluding observations on fifth/seventh report, paras. 4, 20 and 21)

“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: (…) all forms of violence against children, including corporal punishment (para. 21)...”

“The Committee is concerned that:

(a) Its previous recommendations have not been implemented, namely explicitly prohibiting corporal punishment in law in all settings;

(b) As a consequence, corporal punishment remains lawful in the State party, except as a sentence for a crime;

(c) The State party submits that corporal punishment is considered a crime in all instances when this statement is not supported by the laws, including the Children’s Act, which provides for the legal defence of “justifiable correction” in its article 10 against the crime of assault when it is inflicted upon children for disciplinary purposes;

(d) It is reported, including by the State party, that corporal punishment is being exercised by teachers in schools.

“Reiterating its concluding observations (see CRC/C/AGO/CO/2-4, para. 37) and with reference to its general comments No. 13 (2011) on the right of the child to freedom from all forms of violence and No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, taking note of target 16.2 of the Sustainable Development Goals on ending all forms of violence against children, and in view of the State party’s acceptance of relevant recommendations from its Universal Periodic Review in 2014, the Committee urges the State party to:

(a) Amend the Children’s Act, including by removing the legal defence of the concept of “justifiable correction”, and the Domestic Violence Act, as well as the Family Code and the Penal Code, both currently under revision as a whole, and any other relevant legislation, to explicitly prohibit the use of corporal punishment in all settings, including at home, in schools, in alternative care settings, in day care institutions and in penal institutions;

(b) Strengthen training programmes for teachers, and public education, awareness-raising and social mobilization programmes involving children, families and communities on the harmful effects of corporal punishment, with a view to changing attitudes and promoting alternative, positive and non-violent forms of child-rearing and discipline.”

Argentina

(1 June 2018, CRC/C/ARG/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 20)

“The Committee welcomes the prohibition of corporal punishment in all settings. 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 recommends that the State party ensure that the prohibition of corporal punishment is adequately monitored and enforced in all settings. It further recommends that positive, non-violent and participatory forms of child rearing and discipline are promoted through awareness campaigns, and that steps be taken to ensure that offenders are brought before the competent administrative and judicial authorities.”

Lesotho

(1 June 2018, CRC/C/LSO/CO/2 Unedited advance version, Concluding observations on second report, paras. 26, 27 and 29)

“The Committee notes that corporal punishment is prohibited in schools by law. However, the Committee is seriously concerned that corporal punishment is not explicitly prohibited by law at home, in alternative care settings, day care or penal institutions and that it continues to be used at school despite prohibition.

“With reference to its general comment No. 8 (2006) on corporal punishment, the Committee urges the State party to:

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

(b) Effectively enforce the prohibition of corporal punishment in schools and provide children with a complaints mechanism in schools so that they can safely and confidentially report cases of corporal punishment;

(c) Provide programmes for parents, teachers, and professionals that work with and for children to encourage the use of alternative non-violent forms of discipline and strengthen, in particular, teacher training and ensure it is part of pre- and in-service training programmes;

(d) Strengthen public awareness raising programmes to promote the change of mindset.”

“With reference to its general comment No.13 (2011) on the right of the child to freedom from all forms of violence and taking note of Sustainable Development Goal 16.2 to end abuse, exploitation, trafficking and all forms of violence and torture of children, the Committee urges the State party to:

(h) Establish a national database on all cases of violence against children, including corporal punishment, ill-treatment, child abuse and neglect, domestic violence and sexual exploitation and abuse.”

Montenegro

(1 June 2018, CRC/C/MNE/CO/2-3 Advance unedited version, Concluding observations on second/third report, paras. 33 and 34)

“The Committee welcomes the prohibition of corporal punishment in all settings and related public education campaigns, but is concerned that the legislation does not provide a clear definition of corporal punishment or specific sanctions for those inflicting corporal punishment. It is also concerned about the persistence of the practice as a widely accepted form of discipline, the lack of enforcement mechanisms and limited protection and assistance for victims.

“The Committee recommends that the State party:

(a) Ensure that the prohibition of corporal punishment is adequately monitored and enforced in all settings, including by explicitly defining corporal punishment in legislation, initiating legal proceedings against those who inflict corporal punishment and ensuring commensurate sanctions;

(b) Raise awareness about the prohibition of violence against children among all professionals working with and for children, and develop a code of conduct for teachers and provide relevant training;

(c) Establish a complaints mechanism in schools so that children can confidentially report teachers who use corporal punishment, and provide training to professionals working with and for children on identifying and providing adequate support for victims;

(d) Strengthen and expand awareness-raising programmes, including campaigns among parents, teachers and relevant professional groups, to promote positive, non-violent and participatory forms of child-rearing and discipline and to promote a change in the mindset on corporal punishment in all settings.”

Norway

(1 June 2018, CRC/C/NOR/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 16)

“While noting with appreciation the many legislative and policy measures by the State party to prevent and address violence against children, the Committee, with reference to its general comment No. 8 (2006) on corporal punishment and target 16.2 of the Sustainable Development Goals on ending abuse, exploitation, trafficking and all forms of violence against and torture of children, recommends that the State party:

(a) Increase efforts to promote positive, non-violent and participatory forms of child-rearing and discipline, with the cooperation of the media and by offering information sessions for parents and parents to be on this topic, and on the illegality of violence against children;

(b) Ensure that children have access to a 24/7 helpline, as well as to other reporting avenues, such as specially designated and trained staff, like school nurses who can be approached confidentially, and special desks at municipality level, and ensure that children are informed about these reporting avenues;

(c) In light of information before the Committee that students have on occasions been subjected to violence from adults in school, investigate the occurrence of violence and threats by teaching and school staff and develop and implement a zero-tolerance policy with a view to ensuring that each allegation of violence is duly investigated;

(d) Ensure that child victims of violence and abuse are provided with adequate support at municipality level and strengthen the capacities of municipalities in this regard.”