Committee on the Rights of the Child, session 80 (2019)

Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 80 (14 January - 1 February 2019)

Bahrain

(1 February 2019, CRC/C/BHR/CO/4-6 Advance unedited version, Concluding observations on fourth/sixth report, para. 28)

“While noting the implementation of awareness-raising programmes on positive forms of child-rearing, the Committee is concerned that corporal punishment is still permitted in alternative care settings, in the home and in the administration of justice, and urges the State Party to:

(a) Explicitly prohibit, through legislative and administrative provisions, the use of corporal punishment, however light, in all settings, including early childhood care institutions, alternative care settings, in the home and in the administration of justice, and ensure that its prohibition is adequately monitored and enforced in all settings;

(b) Strengthen and expand new and existing awareness-raising programmes, including campaigns, among parents, teachers and relevant professional groups to promote positive, non-violent and participatory forms of child-rearing and discipline, and to promote a change in the mindset with regard to corporal punishment in all settings.”

Belgium

(1 February 2019, CRC/C/BEL/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 22)

“Noting the Flemish Act on the status of minors in youth care (2004) already explicitly prohibits corporal punishment in alternative care, the Committee regrets that the Bill to amend article 371/1 of the Civil Code has not been approved and with reference to its general comment No. 8 (2006) on corporal punishment, the Committee reiterates its previous recommendation (CRC/C/BEL/CO3-4, para. 40) and urges the State party to:

(a) Explicitly prohibit corporal punishment, however light, by law, at home and in alternative care in the whole country;

(b) Promote positive, non-violent and participatory forms of child-rearing and discipline, including through awareness-raising programmes and campaigns, targeting children, parents and childcare professionals.”

Guinea

(1 February 2019, CRC/C/GIN/CO/3-6 Advance unedited version, Concluding observations on third/sixth report, para. 24)

“Referring to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party:

(a) Ensure that corporal punishment, however light, against children in all settings, is explicitly prohibited by law;

(b) Review and implement the three-year plan (2017-2019) with a view to providing the necessary human, technical and financial resources;

(c) Repeal article 398 of the Civil Code on the “right to correction” of parents;

(d) Promote positive, non-violent and participatory forms of child-rearing and discipline.”

Italy

(1 February 2019, CRC/C/ITA/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, para. 20)

“Taking note of target 16.2 of the Sustainable Development Goals, the Committee, with reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, reiterates its previous recommendations (CRC/C/ITA/CO/3-4, para. 35) and urges the State party to:

(a) Explicitly prohibit corporal punishment, however light, by law in all settings;

(b) Raise awareness among parents and the general public on the harmful effects of corporal punishment for the well-being of children;

(c) Promote alternative positive, non-violent and participatory forms of child-rearing and discipline.”

Japan

(1 February 2019, CRC/C/JPN/CO/4-5 Advance unedited version, Concluding observations on fourth/fifth report, paras. 4, 25 and 26)

“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: … corporal punishment (para. 26)...”

“The Committee notes that corporal punishment in schools is prohibited by law. However, it is seriously concerned that:

(a) The prohibition in schools is not effectively implemented;

(b) Corporal punishment in the home and in alternative care settings is not fully prohibited by law;

(c) The Civil Code and the Child Abuse Prevention Act, particularly, allow the use of appropriate discipline and are unclear as to the permissibility of corporal punishment.

“With reference to its general comment No. 8 (2006) on corporal punishment, the Committee recalls its previous concluding recommendation (para. 48) and urges the State party to:

(a) Explicitly and fully prohibit all corporal punishment, however light, in law, particularly in the Child Abuse Prevention Act and the Civil Code, in all settings, including in the home, in alternative care and day care settings and in penal institutions;

(b) Strengthen its measures to eliminate corporal punishment in practice in all settings, including by intensifying its awareness-raising campaigns and promoting positive, non-violent and participatory forms of child-rearing and discipline.”

Syrian Arab Republic

(1 February 2019, CRC/C/SYR/CO/5 Advance unedited version, Concluding observations on fifth report, para. 29)

“The Committee is concerned that the interpretation of article 170 of the Personal Status Code is not clear and corporal punishment remains legal, and that violent discipline and violence at home is prevalent in the State party. With reference to its general comment No. 8 (2006) on corporal punishment, and recalling its previous recommendation (CRC/C/SYR/CO/3-4, para. 54), the Committee recommends that the State party:

(a) Explicitly prohibit corporal punishment in all settings, and repeal without further delay article 170 of the Personal Status Code and the provisions of the Penal Code that authorize corporal punishment of children;

(b) Strengthen public education, awareness-raising and social mobilization programmes on the harmful effects, both physical and psychological, of corporal punishment, and promote positive, non-violent and participatory forms of child-rearing and discipline.”