Committee on the Rights of the Child: Argentina

Session 054 (2010)

(21 June 2010, CRC/C/ARG/CO/3-4, Concluding observations on third/fourth report, paras. 46, 47 and 48)

"While noting the general principle in Act No. 26061 that children are not to be subjected to violent, discriminatory, humiliating or intimidating treatment, the Committee expresses concern at the inclusion in article 278 of the Civil Code of a right of parents to proper correction, which may lead to abuse and corporal punishment. It is further concerned that corporal punishment is not explicitly prohibited outside the home, including in schools, centres of detention and alternative care settings. 

"The Committee recommends that the State party explicitly prohibit by law in all provinces corporal punishment and all forms of violence against children in all settings, including in the family, in schools, in alternative childcare and in places of detention for juvenile offenders, and that it implement those laws effectively. The Committee also recommends that the State party intensify its awareness-raising campaigns with a view to changing perceptions of corporal punishment and in order to promote the use of alternative and non-violent forms of discipline in a manner consistent with the child’s human dignity and in accordance with the Convention, especially article 28, paragraph 2. In this regard, the Committee encourages the State party to take 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.

"With reference to the United Nations Study on Violence against Children (A/61/299), the Committee recommends that the State party: 

a) take all necessary measures to implement the recommendations contained in the report of the independent expert for the United Nations Study on Violence against children, while taking into account the outcome and recommendations of the regional consultations for Latin America, held in Buenos Aires from 30 May to 1 June 2005. In particular, the Committee recommends that the State party pay particular attention to the following recommendations: 

• Prohibit by law all violence against children, including corporal punishment in all settings…."

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Session 031 (2002)

(9 October 2002, CRC/C/15/Add.187, Concluding observations on second report, paras. 38, 39, 62 and 63)

"The Committee notes with concern that there is no explicit prohibition of corporal punishment under law and that it is still widely practised 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.

"The Committee … notes with concern the poor conditions of children in detention, including the lack of adequate basic services such as education and health, the absence of adequately trained staff, and the use of corporal punishment and isolation.

"The Committee recommends that the State party:

g) take the necessary measures to improve detention conditions…."

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