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THIRTY-FIRST SESSION: OCTOBER 2002
Argentina (Second Report)
"The Committee notes with concern that there is no explicit prohibition of corporal punishment under law and that it is still widely practiced in the home and in some institutions.
"The Committee recommends that the State party expressly prohibit corporal punishment in the home and all institutions, and carry out public education campaigns to promote positive, non-violent forms of discipline as an alternative to corporal punishment".
(4 October 2002, Unedited version CRC/C/15/Add.187, paras. 38 and 39)
Burkina Faso (Second Report)
"While noting that child abuse is prohibited under the Penal Code, the Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children...
"The Committee recommends that the State party:
- undertake a study on violence, including sexual violence, against children within the family, at schools and in other institutions in order to assess the scope, nature and causes of these practices with a view to adopting and implementing a comprehensive plan of action and effective measures and policies, in conformity with article 19 of the Convention, and to changing attitudes;
- take all necessary steps to introduce the legal prohibition of the use corporal punishment in schools and other institutions and at home... "
(4 October 2002, unedited version CRC/C/15/Add.193, paras 36 and 37 (a and b))
Israel
"The Committee welcomes the many efforts of the State party to prevent and combat all forms of violence and abuse within the family, in schools and other institutions which care for children, but it is concerned at the apparently limited impact of these efforts due to, among other things, a lack of a comprehensive strategy and the allocation of adequate resources.
"The Committee recommends that the State party establish a national and comprehensive strategy to prevent and combat violence and abuse within the family, in schools and other institutions caring for children, which should
include, among other things:
- a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address it;
- 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... "
(4 October 2002, unedited version CRC/C/15/Add.195, paras 37 and 38 (a and b))
Moldova
"The Committee notes the establishment of a National Centre for the Prevention of Child Abuse, but is nevertheless concerned about the extent of domestic violence, the absence of legislative framework, and the lack of standardised procedures for the identification, reporting, investigation, and prosecution of cases of neglect, illtreatment and abuse, the lack of legal prohibition of corporal punishment in schools, institutions, and at home, and the limited skilled services for the support of victims.
"In light of article 19 of the Convention, the Committee recommends that the State party:
- Undertake studies on domestic violence, violence against children, ill-treatment and abuse, including sexual abuse in order to assess the extent, scope and nature of these practices;
- take all necessary steps to introduce the legal prohibition of the use corporal punishment in schools and other institutions and at home;
- Adopt and implement effectively adequate multidisciplinary measures and policies, including public campaigns, and contribute to changing attitudes;
- Investigate effectively cases of domestic violence and ill-treatment and abuse of children, including sexual abuse within the family, within a child-sensitive inquiry and judicial procedure in order to ensure better protection of child victims, including the protection of their right to privacy... "
(4 October 2002, unedited version CRC/C/15/Add.192, paras. 31 and 32(a-d))
Poland (Second Report)
"The Committee notes the establishment of the "Blue Card" program to address family violence... the Committee
is concerned that corporal punishment is widely practiced in the home, in schools and in other institutions such as prisons and in alternative care contexts.
"The Committee recommends that the State party:
- Expressly prohibit corporal punishment in the home, schools and all other institutions;
- Carry out public education campaigns about the negative consequences of illtreatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment".
(4 October 2002, unedited version CRC/C/15/Add.194, paras. 34 and 35 (d and e))
Seychelles
"While noting that the State party has prohibited corporal punishment, the Committee remains concerned children may still be subject to violence in the home, schools or institutions, and that corporal punishment may be reintroduced in schools.
"The Committee recommends that the State party:
- 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;
- Provide further training for all professional groups working with or for children, including police and detention officials, on alternative forms of discipline and on how to detect and address signs of ill-treatment in a child-sensitive manner... "
(4 October 2002, Unedited version CRC/C/15/Add.189, paras 32 and 33 (a, b and c))
Sudan (Second Report)
"The Committee is concerned that corporal punishment is widely practiced in the State party, including within the family, schools, and other institutions; that children have been the victims of violence by, among others, the police; and that instances of torture, rape and other cruel, inhuman and degrading treatment have been committed against children
in the context of the armed conflict.
"The Committee recommends that the State party:
- Prohibit under law the practice of corporal punishment in the family, in schools and in all other contexts and make use of legislative and administrative measures, as well as public education initiatives to end the use of corporal punishment including, inter-alia, the provision of information on alternative non-violent methods of discipline.
- Prevent all forms of violence against children and make sure that perpetrators of violence against children, including the police are prosecuted... "
(4 October 2002, CRC/C/15/Add.190, paras. 35 and 36 (a and b))
United Kingdom (Second Report)
"The Committee welcomes the abolition of corporal punishment in all schools in England, Wales and Scotland, following its 1995 recommendations (ibid., para. 32) but is concerned that this abolition has not yet been extended to cover all private schools in Northern Ireland.
"It welcomes the adoption by the national Assembly for Wales of regulations prohibiting corporal punishment in all forms of day-care, including childminding, but is very concerned that legislation prohibiting all corporal punishment in this context is not yet in place in England, Scotland or Northern Ireland.
"In light of its previous recommendation (ibid., para. 31), the Committee deeply regrets that the State party persists in retaining the defence of "reasonable chastisement" and has taken no significant action towards prohibiting all corporal punishment of children in the family. The Committee is of the opinion that governmental proposals to limit rather than to remove the "reasonable chastisement" defence do not comply with the principles and provisions of the Convention and the aforementioned recommendations, particularly since they constitute a serious violation of the dignity of the child. [see similar observations of the of the Committee on Economic, Social and Cultural Rights, E/C.12/1/Add.79, para 36]. Moreover, they suggest that some forms of corporal punishment are acceptable and therefore undermine educational measures to promote positive and non-violent discipline.
"The Committee recommends that the State party:
- with urgency adopt legislation throughout the State party to remove the "reasonable chastisement" defence and prohibit all corporal punishment in the family and in any other contexts not covered by existing legislation;
- promote positive, participatory and non-violent forms of discipline and respect for children's equal right to human dignity and physical integrity, engaging with children and parents and all those who work with and for them, and carry out public education programmes on the negative consequences of corporal punishment".
(4 October 2002, unedited version CRC/C/15/Add.188, paras. 35 and 36 (a and b))
Ukraine (Second Report)
"The Committee welcomes the new Protection of Domestic Violence Act 2001, but remains concerned that it is not yet implemented.
"The Committee recommends that the State party:
- Conduct a study to assess the nature and extent ill-treatment, abuse and neglect of children in the home, and design policies and programmes to address it;
- Establish effective procedures and mechanisms to receive, monitor, and investigate complaints, including intervening where necessary; investigate and prosecute instances of ill-treatment, and all forms of domestic violence including corporal punishment, ensuring that the abused child is not victimized in legal proceedings and his/her privacy is protected...
- 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".
(4 October 2002, unedited version CRC/C/15/Add.191, paras. 40 and 41 (a,b and e)