Committee Against Torture, session 65 (2018)
RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE COMMITTEE AGAINST TORTURE'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 65 (12 NOVEMBER - 7 DECEMBER 2018)
Maldives
([December 2018], CAT/C/MDV/CO/1 Advance unedited version, Concluding observations on initial report, paras. 13, 14, 31, 32, 41 and 42)
“The Committee is concerned at information concerning children in conflict with the law in the State party, such as penal legislation according to which criminal responsibility starts at 10 years of age; that concerning sharia law, children are considered responsible from the age of 7; that minors can be sentenced to flogging even in cases when they are the victims (such as rape) and for fornication. Furthermore, the Committee is concerned at reports that juveniles are detained in conditions that are in violation of the Convention (arts. 1, 2, 4 and 16).
“The State party should align its penal legislation concerning minors in conflict with the law with the provisions and rules contained in international standards, and in particular with the Convention and should repeal all provisions that contravene the Convention.”
“The Committee is seriously concerned about the practice of “judicial flogging” administered under a restrictive and/or hard line interpretation of sharia penalties, which is also allowed under the Penal Code, mostly as punishment for consensual extramarital sex. It is gravely concerned that this corporal punishment is also used against survivors of sexual abuse and assault and that 85 per cent of persons punished in this way are women and girls (arts. 2 and 16).
“The State party should immediately enact a moratorium on flogging and other corporal punishment and should consider reviewing its laws with a view to prohibiting the practice as a matter of priority.”
“The Committee is concerned that corporal punishment of children is allowed in all settings, including the home, provided that the force “does not create a substantial risk of causing death, serious bodily injury, extreme or unnecessary pain or mental distress, or humiliation” and that the State party has reportedly not taken adequate measures to protect the children. It is also concerned that the Domestic Violence Act and the Family act do not prohibit corporal punishment (arts. 2 and 16).
“The State party should:
(a) Explicitly prohibit in law the corporal punishment of children in all settings, including in the home, alternative care settings, day care settings, school and penal institutions, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention, as a sentence for crime or for disciplinary purposes; and ensure that it is not applied under sharia law;
(b) Ensure the abolition of flogging of children;
(c) Conduct public awareness-raising campaigns about the harmful effects of corporal punishment;
(d) Promote positive non-violent forms of discipline as an alternative to corporal punishment.”
Peru
([December 2018], CAT/C/PER/CO/7 Advance unedited version, Concluding observations on seventh report, para. 5, in Spanish only)
“5… d) La promulgación, el 30 de diciembre de 2015, de la Ley Nº 30403 que prohíbe el uso del castigo físico y humillante contra los niños, niñas y adolescentes, así como la aprobación en junio de 2018 del reglamento que la desarrolla (Decreto Supremo Nº 003- 2018-MIMP).”
Viet Nam
([December 2018], CAT/C/VNM/CO/1 Advance unedited version, Concluding observations on initial report, paras. 30, 31, 36 and 37)
“The Committee is concerned at reports about:
(c) The use of “security rooms” and “disciplinary rooms” where prisoners can be isolated in solitary confinement or small groups for up to three months; with reported use of corporal punishment, shackling, and harsh disciplinary measures against inmates by prison officials or other prisoners who act under their instructions;
“The State party should:
(c) Establish strict rules for the use of “security rooms” and “disciplinary rooms” and refrain from corporal punishment, shackling, and harsh disciplinary measures; and inform prison staff that they and prisoners acting under their instructions will be held accountable for committing acts of ill-treatment and torture”
“The Committee is concerned that corporal punishment of children is not prohibited in the home, in alternative care and in day care settings (arts. 2 and 16).
“The Committee recommends that the State party amend its legislation to expressly prohibit corporal punishment of children in all settings, including in the home and in particular in public institutions, through acts or omissions by State agents and others who engage the State’s responsibility under the Convention. In that context, it invites the State party to include a provision on the prohibition of corporal punishment in all settings in the draft amendments to the Law on the Protection, Care and Education of Children.”