Human Rights Committee, session 125 (2019)

RECOMMENDATIONS/OBSERVATIONS ON CORPORAL PUNISHMENT IN THE HUMAN RIGHTS COMMITTEE'S CONCLUDING OBSERVATIONS TO STATES EXAMINED IN SESSION 125 (4 - 29 MARCH 2019)

Angola

(8 May 2019, CCPR/C/AGO/CO/2, Concluding observations on second report, paras. 47 and 48)

“(…) The Committee is also concerned that all forms of corporal punishment are not yet prohibited in all settings…”

“(…) The State party should take practical steps, including through legislative measures, to put an end to all forms of corporal punishment in all settings…”

Niger

(16 May 2019, CCPR/C/NER/CO/2, Concluding observations on second report, paras. 44 and 45)

“While noting the information provided by the State party on the regulatory framework on child labour, the Committee remains concerned about:

(a) the large number of children employed as domestic workers who are at risk of abuse;

(b) the number of children in street situations, who are also at risk of all forms of violence;

(c) the specific situation of talibé children handed over to marabouts in Qur’anic schools and forced to beg; and

(d) the persistence of the practice of child slavery based on descent. Lastly, the Committee notes with concern that corporal punishment is still permitted at home and in schools, including Qur’anic schools (arts. 6, 7, 8, 16 and 24).

“The State party should take the necessary measures to:

(a) protect minors against all forms of abuse, including through the care and rehabilitation of children in street situations or involved in begging;

(b) publicly condemn the practice of forced begging and raise awareness of the issue among religious and traditional leaders and parents with a view to eradicating this practice;

(c) continue its efforts to strictly control and regulate child labour;

(d) enforce the criminalization of slavery by systematically prosecuting all perpetrators of the crime of child slavery based on descent; and

(e) take practical steps, including through legislative measures, to put an end to corporal punishment in all settings.”

St Vincent and the Grenadines

(9 May 2019, CCPR/C/VCT/CO/2, Concluding observations in the absence of a report, paras. 30, 31, 32 and 33)

“The Committee remains concerned that under the Corporal Punishment of Juveniles Act and the Education Act, corporal punishment of children remains permissible in all settings, including private homes, alternative care settings, schools and penal institutions (arts. 7 and 24).

“The State party should take all necessary measures, including legislative reform and practical steps, to prohibit corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment and should conduct public information campaigns to raise awareness about its harmful effects.

“The Committee is concerned about the low age of criminal responsibility (8 years old), the lack of legal guarantees that the deprivation of liberty of children is used only as a measure of last resort and for the shortest possible period of time, the fact that children can be caned as a criminal sanction and reports that convicted juveniles are detained together with adults (arts. 7, 9, 10 and 24).

“The State party should reform its juvenile justice system in accordance with international standards, including by taking steps to:

… (b) Eliminate corporal punishment as a criminal sanction for children…”