Committee on the Rights of the Child: Chile
Session 070 (2015)
(2 October 2015, CRC/C/CHL/CO/4-5 Advance Unedited Version, Concluding observations on fourth/fifth report, paras. 44 and 45)
“The Committee notes the proposed law to modify article 234 of the civil code intended to prohibit corporal punishment against children. However, it is concerned that the proposed amendment appears to prohibit only corporal punishment which is perceived to cause injury and that article 234, by recognizing parents’ right to correct children may allow parents to take certain corrective measures that can affect the physical and mental integrity of children.
“In the light of its general comment No. 8 (2006) on corporal punishment, and reiterating its previous recommendation (CRC/C/CHL/CO/3 para. 41), the Committee recommends that the State party adopt a comprehensive law that explicitly prohibits corporal punishment against children in all settings and includes measures to raise awareness of positive, non-violent and participatory forms of child-rearing.”Read more from Session 070 (2015)
Session 044 (2007)
(23 April 2007, CRC/C/CHL/CO/3, Concluding observations on third report, paras. 40 and 41)
"The Committee reiterates its previous concern (CRC/C/15/Add.173 paras. 31-32) and regrets that article 234 of the Civil Code appears to authorise corporal punishment in the home. Furthermore the Committee notes the lack of statistical data on the number of reported cases and is concerned that corporal punishment continues to occur in the home, as well as in schools and institutions.
"The Committee recommends that the State party, while taking due account of 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), amend article 234 of the Civil Code and 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."Read more from Session 044 (2007)
Session 029 (2002)
(1 February 2002, CRC/C/15/Add.173, Concluding observations on second report, paras. 31 and 32)
"The Committee is concerned that corporal punishment of children remains socially acceptable in Chile and it is still practised in families, schools and other institutions. It further notes that Chilean legislation does not expressly prohibit corporal punishment.
"In light of articles 3, 19, and 28 (2) of the Convention, the Committee encourages the State party to:
a) develop measures to raise awareness on the harmful effects of corporal punishment and engage in the promotion of alternative forms of discipline in families to be administered in a manner consistent with the child’s dignity and in conformity with the Convention; and
b) explicitly prohibit corporal punishment in the family, in schools and in other institutions."Read more from Session 029 (2002)