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FORTY SECOND SESSION: May - June 2006
Colombia (Third Report)
“The Committee regrets the lack of statistics on the number of reported cases and is concerned that corporal punishment continues to occur in the school, the home and in institutions.
“The Committee recommends the State party to enforce legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns against corporal punishment and promote non-violent, participatory methods of childrearing and education, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006).”
(2 June 2006, Unedited Version CRC/C/COL/CO/3, paras 61 and 62)
Latvia (Second Report)
“The Committee welcomes the explicit prohibition of corporal punishment in the Law on the Protection of the Rights of the Child, however, is concerned that corporal punishment and other degrading practices continue to be practiced within schools and in other institutions. The Committee is also concerned that while regional inspectors are mandated to investigate cases of corporal punishment, the sanctions they impose may not always be adequate, and that it is difficult to suspend or dismiss the offenders.
The Committee reiterates its previous recommendation to ban from practice corporal punishment and other degrading practices in all settings, and to encourage the State party to strengthen measures to promote alternative forms of discipline in schools and other institutions for children, inter alia, by strengthening sanctions and bringing offenders to justice, including through the suspension of offenders from schools and institutions.”
(2 June 2006, Unedited Version CRC/C/LVA/CO/2, paras 30 and 31)
Lebanon (Third Report)
“Despite the 2001 Memorandum of the Minister of Education which prohibits educational staff from “inflicting corporal punishment, insulting, verbally humiliating, and attacking the honour of their students”, corporal punishment is still used in schools and other institutions. The Committee notes that corporal punishment is unlawful as a sentence for crime and prohibited as a disciplinary measure in penal institutions. However, it notes with concern that according to article 186 of the Penal Code corporal punishment is lawful in the home.
The Committee urges the State party, while taking into account the Committee’s General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment:
- To critically review its current legislation, in particular article 186 of the Penal Code, with a view to prevent and end the use of corporal punishment of children as a method of discipline and to introduce new legislation prohibiting all forms of corporal punishment of children in the family and within all institutions, including public and private schools and the alternative care system; and
- To introduce public education, awareness-raising and social mobilization campaigns on alternative non-violent forms of discipline with the involvement of children in order to change public attitudes to corporal punishment and to strengthen its cooperation with non-governmental organizations, such as Save the Children, in this respect.”
(2 June 2006, Unedited Version CRC/C/LEB/CO/3, paras 41 and 42 (a and b))
Mexico (Third Report)
“The Committee is deeply concerned about the fact that corporal punishment is still lawful in the home, and is not explicitly prohibited in the schools, in penal institutions and in alternative care settings. It is further concerned that children have limited protection from violence and abuse under the law, and consequently that corporal punishment is widely used within the family, in schools and other institutions.
The Committee recommends that the State party, taking into account 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:
- amend all relevant federal and state laws to ensure that corporal punishment is explicitly prohibited in all settings, including the family, schools, penal institutions, and alternative care settings, and ensure the effective implementation of these laws;
- take effective measures, including through public awareness campaigns, to promote alternative, positive, participatory and non-violent forms of discipline.
While welcoming the measures taken to encourage indigenous children to attend schools, the Committee remains deeply concerned at the limited enjoyment of rights by indigenous children....
The Committee recommends that the State party take all necessary measures to protect the rights of indigenous children against discrimination and to guarantee their enjoyment of the rights enshrined in domestic law and in the Convention. The Committee further recommends that the State party provide indigenous communities, with sufficient information, in their own language as well as in a child friendly format, regarding birth registration procedures, child labour, education and health, HIV/AIDS, child abuse and neglect, including corporal punishment....”
(2 June 2006, Unedited Version CRC/C/MEX/CO/3, paras 35, 36 (a and b), 72 and 73)
Turkmenistan
“The Committee, while noting that article 24(3) of the ‘Rights of the Child (Guarantees) Act’ seems to prohibit corporal punishment, expresses concern that it is nevertheless commonly practiced to discipline children.
The Committee, taking into account its General Comment No. 8 on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment, recommends that the State party introduce and enforce legislation and procedures explicitly prohibiting all forms of corporal punishment of children in all settings. The State party should also conduct public and professional awareness raising and education campaigns against corporal punishment and promote non-violent, positive and participatory forms of childrearing and education, including in the home, schools, institutions and in the society.”
(2 June 2006, Unedited Version CRC/C/TKM/CO/1, paras 46 and 47)
United Republic of Tanzania (Second Report)
“The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.156) made upon the consideration of the State party’s initial report (CRC/C/8/Add.14/Rev.1) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, legislation, coordination, corporal punishment, child labour and juvenile justice, have not been given sufficient follow-up. The Committee notes that those concerns and recommendations are reiterated in the present document.
While noting of various initiatives undertaken by the State party in campaigning against corporal punishment, including the establishment of two non corporal punishment pilot schools in Zanzibar, the Committee deeply regrets that corporal punishment is still lawful in schools and in the penal system where its is well described. It is further concerned that corporal punishment is lawful in the family and alternative care institutions.
Taking into account its General Comment No. 1 on the aims of education (CRC/GC/2001/1) and General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), the Committee urges the State party to:
- Explicitly prohibit all forms of corporal punishment in the family, schools, penal system and other institutional settings and alternative care systems as a matter of priority;
- Sensitize and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns about the harmful impact of corporal punishment; and
- Promote positive, non-violent forms of discipline as an alternative to corporal punishment.
The Committee urges the State party ensure the full implementation of juvenile justice standards, in particular article 37(b), article 40 and 39 of the Convention as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and in the light of the Committee’s day of general discussion on the administration of juvenile justice. In this regards, the Committee recommends that the State party:
...
c. Prohibit all forms of corporal punishment for persons below 18 years in penal institutions;....”
(2 June 2006, Unedited Version CRC/C/TZA/CO/2, paras 7, 34, 35 (a, b and c) and 71 (c))
Uzbekistan (Second Report)
“While noting that corporal punishment is prohibited in schools, the Committee notes with concern the reports that it is widely practiced in the family and in institutions.
The Committee recommends that the State party takes into account its General Comment No. 8 on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment, and:
- prohibits corporal punishment by law in institutions and the family and ensure that legislation is properly enforced in schools and institutions, and complied with in the family;
- carries out public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in schools, institutions and at home.”
(2 June 2006, Unedited Version, CRC/C/UZB/CO/2, paras 44 and 45 (a and b))