Committee on the Rights of the Child, session 83 (2020)
Recommendations/observations on corporal punishment in the Committee on the Rights of the Child's concluding observations to states examined in session 83 (20 January - 7 February 2020)
Austria
(March 2020, CRC/C/AUT/CO/5-6, Concluding observations on fifth-/sixth report, para. 22)
“While the Committee notes with appreciation that the abolition of corporal punishment has generated a shift in public attitudes on violence against children, it remains concerned that the legal prohibition of certain forms of violence is still unknown to a considerable part of the population. It is further concerned about reports that mental violence is increasing and with reference to its general comment No. 8 (2006) on corporal punishment and other cruel or degrading forms of punishment, the Committee recommends that the State party increase its efforts to raise awareness among children, parents, caregivers, teachers and staff working with and for children regarding the existence, content and sanctions contained in the legal ban on violence, including mental violence.”
Belarus
(12 February 2020, CRC/C/BLR/CO/5-6) Advance unedited version, Concluding observations on fifth-/sixth report, paras. 4 and 21)
“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 violence, including corporal punishment (para. 21)…”
“Recalling its general comments No. 8(2006) on corporal punishment and No. 13(2011) on the right of the child to freedom from all forms of violence and SDG target 16.2, the Committee urges the State party to:
(a) Explicitly prohibit corporal punishment, in law and in practice, in all settings;
(b) Resume consideration of the draft law on domestic violence, in broad consultation with civil society, with a view to its adoption;
(c) Establish liability for all forms of violence against children, including psychological abuse and physical forms of violence that do not leave physical marks;
(d) Formulate, with the involvement of children, a comprehensive strategy for preventing, combating and monitoring all forms of violence against children, including bullying and online violence, with particular attention to LGBT children and children with disabilities;
(e) Train parents, teachers, professionals working with and for children and the public and conduct awareness-raising activities on positive, non-violent forms of child rearing discipline and respect for children’s right to human dignity and physical integrity, with a view to eliminating the acceptance of corporal punishment and promoting zero tolerance to violence against children, non-violent communication and conflict mediation;
(f) Encourage the reporting of all forms of violence against children and establish accessible, confidential, child-friendly and effective reporting channels;
(g) Develop effective mechanisms, procedures and guidelines and build the capacity of the professionals concerned to ensure early identification and prompt and mandatory reporting of all cases of violence against children, taking into account a gender perspective;
(h) Ensure that cases of violence against children are investigated and prosecuted and perpetrators are brought to justice;
(i) Develop programmes and policies for the prevention, recovery and social reintegration of child victims, including by ensuring an effective nationwide three-digit toll-free 24-hour helpline operated by competent and independent specialists allowing for prompt referrals, and promote awareness of how children can access the helpline;
(j) Strengthen data collection on all forms of violence against children; and
(k) Allocate adequate human, financial and technical resources for implementing the above-mentioned recommendations.”
Costa Rica
(7 February 2020, CRC/C/CO/5-6 Advance unedited version, Concluding observations on fifth/sixth report, paras. 24 and 25)
“The Committee recommends that the State party: …
(c) Ensure enforcement of legislation prohibiting corporal punishment, collective sanctions and isolation, and prevent practices of prohibition of family visits to children deprived of liberty;
“The Committee observes with concern that corporal punishment is still a predominant practice in society, despite its legal prohibition. 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, the Committee recommends that the State party:
(a) Ensure continuity, human, technical and financial resources, and national implementation of programmes to promote positive parenting;
(b) Reinforce the application of the Act No. 8654 (2008) ensuring that perpetrators of corporal punishment are being held criminally responsible.”
Hungary
(3 March 2020, CRC/C/HUN/CO/6, Concluding observations on sixth report, para. 25)
“In the light of 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 and recalling its previous recommendations (CRC/C/HUN/CO/3-5, paras. 34), the Committee urges the State party:
(a) To effectively implement the prohibition on the use of all forms of corporal punishment in all settings, including the home, schools and alternative care institutions;
(b) To strengthen its measures to develop awareness raising and education campaigns that promote positive, non-violent and participatory forms of child rearing and discipline, and that underscore the adverse consequences of corporal punishment, targeting in particular children, parents, teachers and social protection professionals.”
Rwanda
(28 February 2020, CRC/C/RWA/CO/5-6, Concluding observations on fifth/sixth report, para. 23)
“While noting with appreciation the repeal of parents’ “right to correction” from legislation and the prohibition of corporal punishment in schools, the Committee remains deeply concerned with the still extensive use of corporal punishment in schools and in the home. The Committee reiterates its previous recommendations (CRC/C/RWA/CO/3-4, para. 28) and urges the State party to:
(a) Explicitly prohibit in legislation the use of corporal punishment in all settings, including in the home, childcare institutions and alternative care settings;
(b) Ensure that the prohibition of corporal punishment is adequately monitored and enforced and that cases of violations are referred to the competent administrative and/or judicial authorities;
(c) Strengthen efforts to raise awareness of parents, teachers, professionals working with and for children and the general public about the harm caused by corporal punishment and to promote positive, non-violent and participatory forms of child-rearing and discipline.”
State of Palestine
(6 March 2020, CRC/C/PSE/CO/1, Concluding observations on initial report, paras. 36 and 37)
“The Committee is seriously concerned that:
(a) Children in the State party, particularly boys, are subjected to corporal punishment, especially in the home and at school;
(b) Corporal punishment is lawful under article 62 of the Penal Code (No. 16 of 1960) in force in the West Bank and is not explicitly prohibited in the Law on Education (2017).
“Bearing in mind 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 urges the State party to:
(a) Amend article 62 of the Penal Code (1960) and the Law on Education (2017) to explicitly and fully prohibit all corporal punishment, however light, in law, in all settings, particularly in the home, educational and residential settings, and in all parts of the State party, and fully implement and enforce article 29 (4) of the Basic Law (2003) that prohibits corporal punishment of children;
(b) Strengthen its measures to develop awareness-raising and education campaigns that promote positive, non-violent and participatory forms of child rearing and discipline, and that underscore the adverse consequences of corporal punishment, targeting in particular children, parents, teachers and social protection professionals.