Committee on the Rights of the Child, session 29 (2002)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in the 29th session

Andorra

(7 February 2002, CRC/C/15/Add.176, Concluding observations on initial report, paras. 39 and 40)

"...while noting that corporal punishment in school is prohibited under law, [the Committee] remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools.

"In light of article 19, the Committee recommends that the State party: ...

e) prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children’s rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2."

Bahrain

(7 February 2002, CRC/C/15/Add.175, Concluding observations on initial report, paras. 37 and 38)

"The Committee welcomes information … that the Bahrain Institute for Science has been commissioned to undertake a national study on child abuse. Nevertheless, it is concerned that there is insufficient awareness of the ill-treatment of children within the family, as well as domestic violence and its impact on children.

"The Committee recommends that the State party:

a) ensure that the study is comprehensive, assesses the nature and extent of ill-treatment and abuse of children, as well as domestic violence, and that it is used to design policies and programmes to address this issue;

b) take legislative measures to prohibit all forms of violence, including corporal punishment and sexual abuse of children in the family, schools and in other institutions;

c) carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment…"

Chile

(1 February 2002, CRC/C/15/Add.173, Concluding observations on second report, paras. 31 and 32)

"The Committee is concerned that corporal punishment of children remains socially acceptable in Chile and it is still practised in families, schools and other institutions. It further notes that Chilean legislation does not expressly prohibit corporal punishment.

"In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the State party to:

a) develop measures to raise awareness on the harmful effects of corporal punishment and engage in the promotion of alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention; and

b) explicitly prohibit corporal punishment in the family, in schools and in other institutions."

Gabon

(1 February 2002, CRC/C/15/Add.171, Concluding observations on initial report, paras. 40 and 54)

"The Committee recommends the State party to … undertake a study on violence, including sexual violence, against children within the family, at schools and in other institutions to assess the scope, nature and causes of these practices in order to adopt and implement a comprehensive plan of action, effective measures and policies in conformity with article 19 of the Convention, and to contribute to changing attitudes; … take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home;…

"The Committee recommends that the State party … implement the ban of corporal punishment at schools and train teachers with alternative measures of discipline…."

Greece

(1 Feb 2002, CRC/C/15/Add.170, Concluding observations on initial report, paras. 42 and 43)

"The Committee is concerned that:

a) as indicated in the State party’s report, about 60 per cent of parents practice corporal punishment of children;

b) although corporal punishment is prohibited by law in schools, it is not prohibited in the family.

"The Committee recommends that the State party:

a) prohibit all forms of violence against children, including corporal punishment, by law in all contexts, including in the family;

b) undertake education and awareness campaigns to inform, among others, teachers, parents and medical and law enforcement personnel about the harm of violence, including corporal punishment, and about alternative, nonviolent, forms of educating children."

Lebanon

(21 March 2002, CRC/C/15/Add.169, Concluding observations on second report, paras. 38 and 39)

"The Committee is concerned that violence used as a means of discipline in the home and at school is culturally and legally acceptable in the State party, and regrets that no follow-up to the Committee’s previous recommendation has been initiated (ibid, para. 37). The Committee is furthermore concerned that there is insufficient information and awareness of domestic violence and its harmful impact on children. Finally, the Committee is concerned that despite its prohibition by ministerial decision, corporal punishment is still practised in schools.

"The Committee urges the State party urgently to take all legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family and the schools, and furthermore recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;

b) carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment...."

Malawi

(1 February 2002, CRC/C/15/Add.174, Concluding observations on initial report, paras. 33 and 34)

"The Committee welcomes that section 19 of the Constitution provides that ‘No person shall be subject to corporal punishment in connexion with any judicial proceedings or in any other proceedings before any organ of the State’. While noting that the Head of State made a statement on radio against corporal punishment within the family and that corporal punishment is banned at schools, it remains concerned that corporal punishment is still widely accepted and practiced at schools, within the family, and in the justice system. The Committee is further concerned that some legal Acts contain provisions which allow corporal punishment.

"The Committee recommends that the State party take legislative measures, including amendment to existing Acts which violate the Constitution, to prohibit all forms of physical and mental violence, including corporal punishment within the juvenile justice system, schools and care institutions as well as within the family. The Committee also recommends that the State party monitor the ban of corporal punishment in schools. The Committee encourages the State party to reinforce its public awareness campaigns, including among community leaders to teach on the harmful effects of corporal punishment and to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society."

Mozambique

(7 February 2002, CRC/C/15/Add.172, Concluding observations on initial report, paras. 38 and 39)

"The Committee is concerned:

a) at acts of violence and abuse, including sexual abuse, committed against children in schools and alternative care institutions and by members of the public or the police force in the streets and that boys are not as well protected from sexual offences as girls;

b) that corporal punishment is widely practised in the home, in schools and in other public institutions, such as prisons, and in alternative care contexts….

"The Committee recommends that the State party:

a) take action to address acts of violence and abuse, including sexual abuse, committed against children in the family, in schools and in the streets through, inter alia, the use of training and information campaigns on the impact of violence on children, children’s rights and the prosecution of perpetrators;

b) take action to end the practice of corporal punishment in the home, in schools and in all other contexts, including through legislative and administrative measures, as well as public education initiatives to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment;

c) make every effort to ensure the provision of treatment and rehabilitation to the victims of violence and abuse…."