FORTY FIFTH SESSION: 21 May – 8 June 2007

Guatemala (Initial Report - on the Optional Protocol on the Involvement of Children in Armed Conflict)

“The Committee is concerned about reports of the use of corporal punishment in military schools and that such punishment is not explicitly prohibited by law. In view of this, the Committee is concerned that adequate impartial complaints mechanisms for children attending military schools appear to be lacking.

“The Committee recommends that the State party;

1. ensure that all children in military schools receive education according to articles 28, 29 and 31 of the Convention on the Rights of the Child, taking into account its General Comment No. 1 (CRC/GC/2001/1) on the Aims of Education. In particular, human rights education should be included on the provisions of the Protocol.
   
   
2. formally prohibit corporal punishment, taking into account the General Comment No. 8 (CRC/C/GC/8) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment;
   
   
3. provide children attending military schools with adequate access to independent complaints and investigation mechanisms.”

(8 June 2007, CRC/C/OPAC/GTM/CO/1 Unedited Version, paras 16 and 17)

 Kazakhstan (Second/Third Report) 

“The Committee appreciates that corporal punishment is unlawful in schools, the penal system and alternative care. However, the Committee regrets that there is no specific legal prohibition of corporal punishment in foster care, military schools, kinship care and the workplace and that despite legal prohibitions for some areas the de facto situation is that children are still victims of corporal punishment.

“The Committee urges the State party, while 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 (CRC/GC/2006/8), to:

1. explicitly prohibit in law corporal punishment of children in all settings;
   
   
2. undertake public and professional awareness raising;
   
   
3.  promote non-violent, positive, participatory methods of childrearing and education and of knowledge among children of their right to protection from all forms of corporal punishment; and
   
   
4. seek assistance from, among others, UNICEF and WHO.

“With reference to the UN Study on Violence against Children, the Committee recommends the State party:

1. take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the Report of the independent expert of the UN Study on Violence against children (A/61/299) while taking into account the outcome and recommendations of the Regional Consultations for Europe and Central Asia (held from 5-7 July 2005) hosted by Slovenia;
   
   
2. use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; and
   
   
3. seek technical assistance from UNICEF, OHCHR and WHO for the above mentioned purposes.”  

(8 June 2007, CRC/C/KAZ/CO/3 Unedited Version, paras 36, 37 and 38)

Maldives (Second/Third Report)

“The Committee is concerned at the information that section 44 of the new draft Penal Code would legalize corporal punishment of children at home, schools and institutions. The Committee is also seriously concerned that, contrary to article 37 (a) of the Convention, under applicable law of the State party, persons who have reached puberty may be subject to flogging.

“In the light of the consideration of the new draft Penal Code, the Committee urges the State party to take all the necessary measures to ensure that persons who committed crimes while under the age of 18 are not subjected to any form of corporal punishment, including as a sentence for offences, and that corporal punishment as a disciplinary measure is prohibited by law in the home, alternative care settings and justice institutions, schools and workplace settings. It recommends that the State party take other appropriate measures, such as positive education and training programmes as well as public awareness-raising campaigns, to eliminate this practice which directly conflicts with the equal and inalienable rights of the child to respect for her/his human dignity and physical integrity. Finally, it draws the attention of the State party to 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 (CRC/C/GC/8).

“The Committee welcomes the information that the State party is in the process of establishing child helpline services. The Committee regrets that insufficient measures are being taken to address the serious problem of violence against children, child abuse, including sexual abuse, and ill-treatment of children in the State party…. It also notes with concern that domestic violence is widely tolerated in the Maldivian society and that Maldivian legislation does not expressly prohibit corporal punishment in the family...

“In the light of article 19, other relevant provisions of the Convention and taking into account the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701-745), the Committee urges the State party to:

1. undertake a national study on domestic violence, ill-treatment of children and child abuse in the home assessing the scope and nature of this problem as well as the impact of legal measures to address violence against children with a view to prohibiting all forms of physical, sexual and mental violence against children, including sexual abuse in the family...

“With reference to the United Nations Secretary-General’s Study on violence against children, the Committee recommends that the State party:

1. take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the report of the independent expert of the United Nations Study on violence against children (A/61/299) taking into account the outcome and recommendations of the Regional Consultations for South Asia (held in Pakistan from 19 to 21 May 2005);
   
   
2. use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; and
   
   
3. consider seeking technical cooperation from UNICEF, OHCHR and WHO.

“... the Committee notes with concern that:

d) corporal punishment is lawful as a sentence for crime and for disciplinary purposes...

“The Committee recommends that the State party continue and strengthen its efforts to ensure the full implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), taking into account the Committee’s newly adopted General Comment No. 10 on children’s rights in juvenile justice (CRC/C/GC/10). It recommends that the State party:

e) abolish the use of corporal punishment as a sentence for crime and for disciplinary purposes...”

(8 June 2007, CRC/CDV/CO/3 Unedited Version, paras 55, 56, 62, 63(a), 64, 98(d) and 99(e))

Slovak Republic (Second Report)

“The Committee notes with appreciation that corporal punishment in schools, alternative care contexts, and the penal system is unlawful and notes that the new Penal Code protects children from physical and psychological violence, insults, abuse, neglect and mistreatment without referring explicitly to corporal punishment. While the Committee welcomes the Government’s stated intention to prohibit corporal punishment in the home, it nevertheless expresses its concern that, to date, corporal punishment within the home remains lawful.

“The Committee recommends that the State party, taking into account the Committee’s general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8, 2006), take steps to ensure that corporal punishment is explicitly prohibited by law in all settings, including the home and that the State party intensify its awareness-raising campaigns in order to promote the use of alternative non-violent forms of discipline in a manner consistent with article 28 paragraph 2 of the Convention.

“With reference to the UN Study on Violence against Children, the Committee recommends that the State party:

1. take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the Report of the independent expert of the UN Study on Violence against Children, while taking into account the outcome and recommendations of the Regional Consultations for Europe (held in Slovenia from 5 to 7 July 2005);
   
   
2. use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence; and
   
   
3. in this regard, seek further cooperation with OHCHR, UNICEF and WHO.”

(8 June 2007, CRC/C/SVK/CO/2 Unedited Version, paras 36, 37 and 40)

Uruguay (Second Report)

“The Committee, while recognising pending legislative amendments, regrets that article 16 of the Code on Childhood and Adolescence of 2004 allows for corporal punishment of children. The Committee is concerned over the lack of statistics on the number of reported cases and that corporal punishment continues to occur in the home as well as schools and child care institutions. 

“The Committee recommends that the State party adopt pending legislation as soon as possible explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also take all measures to ensure the enforcement of the law, conduct capacity building of professionals working with children, carry out 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 Rights of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006).

“With reference to the Secretary-General’s Study on Violence against Children, the Committee recommends the State party to: 

1. take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the report of the independent expert of the United Nations study on violence against children (A/61/299) while taking into account the outcome and recommendations of the regional consultation for Latin America held in Argentina between 30 May and 1 June 2005;
   
   
2. use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children, to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse;
   
   seek technical assistance from UNICEF, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the World Health Organization (WHO) for the above mentioned purposes.”

 (8 June 2007, CRC/C/URY/CO/2 Unedited Version, paras 36, 37 and 46)

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