Committee on the Elimination of Discrimination Against Women, session 71 (2018)

RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 71 (22 OCTOBER - 9 NOVEMBER 2018)

Bahamas

(9 November 2018, CEDAW/C/BHS/CO/6 Advance unedited version, Concluding observations on sixth report, paras. 23 and 24)

“The Committee … is, however, concerned about:

(e) The prevalence of corporal punishment that is widely acceptable as means to discipline children at school and at home;

“Recalling its General Recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and in line with target 5.2 of the Sustainable Development Goals, to eliminate all forms of violence against all women and girls in the public and private spheres, the Committee recommends that the State party:

(d) Prohibit, in law and practice, the use of corporal punishment of girls in schools and at home and strengthen awareness-raising programmes, to promote non-violent forms of child-rearing and discipline”

Mauritius

(9 November 2018, CEDAW/C/MUS/CO/8 Advance unedited version, Concluding observations on eighth report, paras. 17 and 18)

“…The Committee, however, remains concerned at:

(b) The gaps in national legislation on some forms of gender-based violence, including the lack of an explicit prohibition of marital rape (even though marital rape can be prosecuted under section 249 of the Criminal Code and under section 13 (2) of the Protection from Domestic Violence Act) and the limited scope of section 13 (4) of the Child Protection Act of 1 April 1995 (Act No. 30 of 1994) that prohibits corporal punishment only in schools;

“The Committee recalls its General Recommendation No. 35 (2017) on gender-based violence against women, updating general recommendation No. 19, and reiterates its recommendation that the State party:

(b) Amend or adopt legislation to explicitly prohibit marital rape and corporal punishment of children in all settings”

Nepal

(9 November 2018, CEDAW/C/NPL/CO/6 Advance unedited version, Concluding observations on sixth report, paras. 32 and 33)

“The Committee … is concerned, however, at:

(c) The fact that girls suffer sexual harassment, corporal punishment and abuse in school, including by teachers;

“The Committee, taking note of target 4.5 of the Sustainable Development Goals, which calls for the elimination of gender disparities in education, recommends that the State party, in line with its General Recommendation No. 36 (2017) on the right of girls and women to education:

(c) Address safety issues for girls in and out of school, effectively investigate and prosecute acts of corporal punishment, harassment, abuse or gender-based violence against girls at school and endorse the Safe Schools Declaration”

Samoa

(9 November 2018, CEDAW/C/WSM/CO/6 Advance unedited version, Concluding observations on sixth report, paras. 29 and 30)

“The Committee … is, however, concerned that:

(f) Corporal punishment is culturally accepted and practised in schools and that the Infants Ordinance (1961) allows “reasonable punishment” by teachers, notwithstanding the prohibition under the section 23 of the Education Act;

“In line with its General Recommendation No. 36 (2017) on the right of girls and women to education, the Committee recommends that the State party:

(f) Repeal section 14 of the Infants Ordinance (1961) to explicitly prohibit corporal punishment at school and ensure that the prohibition of corporal punishment is adequately monitored and enforced; and strengthen teacher training to promote non-violent forms discipline”