Committee Against Torture, session 39 (2007)

RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE COMMITTEE AGAINST TORTURE'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 39 (12-23 NOVEMBER 2007)

Benin

(19 February 2008, CAT/C/BEN/CO/2, Concluding observations on second report, para. 23)

"While noting that the State party’s legislation prohibits corporal punishment in schools (Circular No. 100/MEN/CAB of 1962), the Committee remains concerned about the absence of legislation prohibiting such punishment in the family and in institutions other than schools. The Committee is also concerned at the frequent use of this practice in education in Benin (art. 16).

The State party should extend legislation prohibiting corporal punishment to the family and to institutions other than schools. The State party should ensure that legislation prohibiting corporal punishment is strictly enforced and awareness-raising and educational campaigns should be conducted to that effect."

Portugal

(19 February 2008, CAT/C/PRT/CO/4, Concluding observations on fourth report, para. 15)

"The Committee is concerned about reports received of numerous cases of domestic violence affecting women and children, as well as a high number of deaths among women due to such violence. Moreover, the Committee is deeply concerned at the Supreme Court decision of 5 April 2006, according to which ‘moderate corporal punishment of a minor by a duly entitled person for solely appropriate educational purposes is not illegal’ in the family context (art. 16).

The State party should strengthen its efforts to establish a national strategy to prevent and combat domestic violence against women and children. It should take the necessary legislative measures to prohibit corporal punishment of children in the family. The State party should: guarantee that women and children who have been victims of violence have access to complaints mechanisms; punish the perpetrators of these acts in an appropriate manner; and facilitate the physical and psychological rehabilitation of the victims.

The State party should also ensure that public law enforcement agents receive ongoing and targeted training on the issue of violence against women and children."