Date: May 2005

Commission on Human Rights adopts resolutions against corporal punishment of children

At the 61st session of the UN Commission on Human Rights held in Geneva (14 March to 22 April 2005), the Commission adopted a number of resolutions which urge States to prohibit all corporal punishment of children. In the resolution on "Torture and other cruel, inhuman or degrading treatment or punishment" (Human Rights Resolution 2005/39) the Commission "Reminds Governments that corporal punishment, including of children, can amount to cruel, inhuman or degrading punishment or even to torture" (paragraph 7).

In paragraph 14 of the resolution on the "Rights of the Child" (Human Rights Resolution 2005/44), the Commission calls upon all States:

1. To take all appropriate measures to prevent, and to protect children from, all forms of violence, including physical, mental and sexual violence, child abuse, domestic violence and neglect, and abuse by the police, other law enforcement authorities and employees and officials in detention centres or welfare institutions, including orphanages;
2. To investigate and submit cases of torture and other forms of violence against children to the competent authorities for the purpose of prosecution and to impose appropriate disciplinary or penal sanctions against those responsible for such practices.

In paragraph 15 the Commission urges States:

1. To take measures to protect students from violence, injury or abuse, including sexual abuse and intimidation or maltreatment in schools, to establish complaint mechanisms that are age appropriate and accessible to children and to undertake thorough and prompt investigations of all acts of violence and discrimination;
2. To take measures to eliminate the use of corporal punishment in schools.

The resolution also addresses children in conflict with the law and in paragraph 27 calls upon States "to protect children deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment" (subparagraph b) and:

d. To ensure that, if they are arrested, detained or imprisoned, children are provided with adequate legal assistance and that they shall have the right to maintain contact with their family through correspondence and visits, save in exceptional circumstances, and that no child in detention is sentenced to forced labour, corporal punishment, or deprived of access to and provision of health-care services, hygiene and environment sanitation, education, basic instruction and vocational training, taking into consideration the special needs of children with disabilities in detention.

The third resolution which calls for an end to corporal punishment is that on "The right to education" (Human Rights Resolution" 2005/21). In paragraph 7, the Commission urges all States:

n. To take all appropriate legislative, administrative, social and educational measures, in accordance with the best interest of the child, to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse in schools, and in this context to take measures to eliminate corporal punishment in schools, and to incorporate in their legislation appropriate sanctions for violations and the provision of redress and rehabilitation for victims.

The texts of all resolutions are available at http://ap.ohchr.org/documents/sdpage_e.aspx?b=1&se=59&t=11

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