Committee Against Torture, session 63 (2018)
RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE COMMITTEE AGAINST TORTURE'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 63 (23 APRIL - 18 MAY 2018)
([May 2018], CAT/C/BLR/CO/5 Advance unedited version, Concluding observations on fifth report, paras. 40 and 41)
“While noting article 32 of the Constitution and article 9 of the Law on the Rights of the Child, which protect children from acts of violence and exploitation, the Committee is concerned at reports of incidents of violence against children in juvenile facilities, closed schools, home and day care settings. The Committee regrets that legislation does not explicitly prohibit corporal punishment against children in all settings and that the State party lacks a specific national policy in this regard (arts. 2, 4 and 16).
“The State party should enact legislation to explicitly and clearly prohibit corporal punishment in all settings, including juvenile facilities, closed schools, and child welfare facilities, in all parts of the country, and take the measures necessary to prevent such punishment.”
(4 June 2018, CAT/C/QAT/CO/3, Concluding observations on third report, paras. 31 and 32)
“While taking note of the explanation given by the delegation that, although article 1 of the Criminal Code still contains vague provisions authorizing flogging, stoning and other corporal punishment as criminal sanctions, such punishment is not applied in practice, the Committee is concerned that these penalties have not yet been abolished, as recommended in its previous concluding observations (see CAT/C/QAT/CO/2, para. 12). The Committee is also concerned at reports that corporal punishment of children is still permitted in the home, in alternative care and day-care settings and schools (arts. 2, 4 and 16).
“The State party should:
(a) Legally abolish corporal punishment as a sentence for crime;
(b) Enact legislation to explicitly and clearly prohibit corporal punishment of children in all settings.”
([May 2018], CAT/C/TJK/CO/3 Advance unedited version, Concluding observations on third report, paras. 39, 40, 43 and 44)
“While noting the adoption of the Programme for Reform of the Juvenile Justice System 2017-2021 and the existing capacity building programs on juvenile justice, the Committee is concerned that the criminal juvenile system lacks juvenile courts and judges specialized in juvenile justice. It is further concerned about reports that children are frequently placed in pretrial detention and isolation cells in the Juvenile Colony as a disciplinary measure; cases of ill-treatment, including corporal punishment, continue to be reported and there are no effective complaints mechanisms available for detained minors (arts. 11, 12 and 16).
“The Committee urges the State party to:
(a) Establish an effective and well-functioning juvenile justice system in compliance with international standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines);
(b) Bring its legislation and practice on solitary confinement into line with international standards by abolishing solitary confinement of juveniles both in law and practice
(c) Take effective measures to prevent ill-treatment and corporal punishments against children in detention, including by investigating such acts and ensuring that appropriate disciplinary or penal measures are taken and by establishing a complaint mechanism for minors detained in pre-trial and correctional facilities
(d) Strengthen existing and develop new educational and rehabilitation programs aimed at reducing juvenile recidivism and encouraging pro-social behaviour and provide adequate meaningful activities conducive to their social integration;
(e) Reduce the use of pretrial detention for juveniles and use non-custodial measures, in line with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules).”
“The Committee is concerned at the absence of amendments to national legislation to prevent all corporal punishment of children, particularly in public institutions, by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity that engage the State’s responsibility in accordance with the Convention (arts. 2 and 16).
“The State party should amend national legislation in order to clearly prohibit and prevent all corporal punishment of children, in particular in public institutions through acts or omissions by State agents and others that engage the State’s responsibility in accordance with the Convention. It should promote non-violent disciplinary methods in the education, bringing up of and caring for children through awareness-raising and public education campaigns about the harmful effects of corporal punishment.”