States respond to recommendations to prohibit corporal punishment made at UPR 22nd session
At the 30th session of the Human Rights Council, held in September/October 2015, the working group reports of states reviewed in the 22nd session of the UPR in May 2015 were adopted and governments responded to the recommendations that were made during their reviews. Ten states received recommendations concerning corporal punishment of children (click on the names of the states for full details):
Andorra noted the recommendation to prohibit and sanction corporal punishment and confirmed that law reform has already been achieved: corporal punishment is prohibited in all settings in Andorra, including the home. Prohibition has also already been achieved in Bulgaria, which accepted the recommendation to promote non-violent childrearing and to ensure the law prohibiting all corporal punishment is enforced.
The Marshall Islands accepted recommendations to prohibit corporal punishment in all settings and to repeal legal defences for its use. This clear acceptance indicates the Government’s commitment to law reform and brings the total number of states committed to full prohibition of corporal punishment to 52. Mongolia accepted recommendations to prohibit corporal punishment in all settings, confirming its commitment to law reform first expressed by accepting similar recommendations at the 1st cycle review in 2010. Panama accepted the recommendation to prohibit all corporal punishment and to repeal the right to “correct” in the Family and Civil Codes.
Jamaica rejected recommendations to prohibit corporal punishment in all settings. The Maldives rejected recommendations to prohibit corporal punishment, including judicial flogging. The USA accepted the recommendation to promote non-violent forms of discipline but rejected the recommendation to prohibit corporal punishment, stating that corporal punishment which is excessive or arbitrary is already prohibited under the Constitution.
Liberia noted the recommendation to prohibit corporal punishment in institutions and all alternative care settings. Libya noted the recommendation to amend legislation that allows corporal punishment, including amputation.
No recommendations specifically on corporal punishment were made to Belarus or Malawi, but general recommendations to bring national law into line with international human rights standards and to protect and promote child rights were made and have been accepted by the respective governments. Also reviewed were Honduras and Croatia, both of which have already achieved prohibition of all corporal punishment.