Committee on the Rights of the Child: Andorra

Session 061 (2012)

(30 November 2012, CRC/C/AND/CO/2, Concluding observations on second report, paras. 7, 8, 30 and 31)

"The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2002 on the State party’s initial report (CRC/C/61/Add.3), notes with regret that some of the recommendations contained therein have not been fully addressed. 

"The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations on the initial report under the Convention that have not been implemented or sufficiently implemented, particularly those related to a national plan of action, coordination, data collection, definition of the child and violence against children, including corporal punishment. 

"The Committee notes that the State party accepted the recommendation to prohibit all corporal punishment of children during the universal periodic review in 2010, and the amendment of the Criminal Code by Law 91/2010 to include a specific provision regarding maltreatment at home. However, the Committee is concerned that the amended provision does not specifically refer to corporal punishment or explicitly prohibit such forms of punishment in all settings, such as private or public educational or alternative care institutions or the penal system.

"In light of its general comment No. 8 (2007), the Committee recalls its previous recommendation (CRC/C/15/Add.176, para. 40), and urges the State party to:

a) enact legislation that explicitly prohibits all forms of corporal punishment in the family, schools and alternative care settings and penal institutions;

b) ensure that laws prohibiting corporal punishment are effectively implemented and that legal proceedings are systematically initiated against those responsible for violence against children; 

c) introduce sustained public education, awareness-raising and social mobilization programmes, involving children and families, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the attitude towards this practice, and to promote positive, non-violent and participatory forms of child-rearing and discipline; 

d) ensure the involvement and participation of the whole society, including children, in the design and implementation of preventive strategies against violence and other forms of abuse."

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Session 029 (2002)

(7 February 2002, CRC/C/15/Add.176, Concluding observations on initial report, paras. 39 and 40)

"...while noting that corporal punishment in school is prohibited under law, [the Committee] remains concerned that corporal punishment in the family is not expressly prohibited. It also notes with concern reports about episodes of bullying in schools.

"In light of article 19, the Committee recommends that the State party: ...

e) prohibit the practice of corporal punishment in the family and conduct information campaigns targeting, among others, parents, children, law enforcement and judicial officials and teachers, explaining children’s rights in this regard and encouraging the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in conformity with the Convention, especially articles 19 and 28.2."

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