Committee on the Rights of the Child: DPR Korea

Session 076 (2017)

(29 September 2017, CRC/C/PRK/CO/5, Concluding observations on fifth report, Advance unedited version, paras. 27, 45 and 46)

“The Committee, with reference to its general comment No. 8 (2006) on corporal punishment, urges the State Party to:

(a) Promptly review its legislation to unequivocally prohibit all forms of corporal punishment in all settings, including the home, child-related institutions and all types of penal institutions, including political prison camps;

(b) Ensure the ban on corporal punishment in all educational facilities is strictly implemented and monitored;

(c) Ensure that corporal punishment is not an element of “social education” measures applicable to children aged 15-17 and that children under 18 years are not subjected to adult criminal sanctions under the Criminal Law that may include or amount to corporal punishment;

(d) Strengthen the measures to promote positive, non-violent and participatory forms of child-rearing and discipline, among parents and educational staff.”

“The Committee notes the adoption of the Law on General Secondary Education in 2011, the Ordinance on the Enforcement of Universal 12-year Compulsory Education in 2012, and of the Education Strategy (2015-2032) in 2014. The Committee, however, remains seriously concerned about consistent reports on…

(d) Children being victims of verbal and physical punishment and discrimination by teachers when the child is unable to achieve the ‘economic assignment’ or unable to participate in the mass mobilization;…

“With reference to its general comment No. 1 (2001) on the aims of education and taking note of goal 4 of the Sustainable Development Goals, the Committee urges the State party to:

(d) Promptly strengthen monitoring systems in schools to ensure that teachers do not ill-treat or punish students, implement in practice the ban on corporal punishment, and investigate and discipline school staff who fail to respect the child’s right to physical and mental integrity”

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Session 050 (2009)

(27 March 2009, CRC/C/PRK/CO/4, Concluding observations on third/fourth report, paras. 36, 37, 70, 72 and 73)

"While noting the information in the State party's report that the ‘living conditions at orphans’ nurseries, kindergartens and schools remarkably improved during the period under review’ (para. 69), the Committee expresses its concern at the significant number of children who are placed in institutions and that the living conditions in many of these institutions continue to be below internationally acceptable standards. The Committee is concerned that adequate and effective monitoring of the quality of these facilities is lacking, and that the placement of children in alternative care is frequently not decided with respect to the best interest of the child. The Committee is also concerned about the reported use of corporal punishment in alternative care institutions.

"The Committee recommends that the State party: …

d) take strengthened measures to sensitize professionals working with children to the harm caused by corporal punishment and promote an alternative, non-violent forms of discipline, as foreseen in article 28, paragraph 2, of the Convention….

"The Committee notes that in cases of crimes committed by children between the age of 14 and 17, the child is subject to ‘public education measures’. In this regard, the Committee regrets the lack of information provided by the State party on these measures, specifically, how and by whom the decision is made to commit a child to these measures; what procedural guarantees exist; what types of sanctions are imposed as ‘public education measure’; their duration; and whether they fully respect the rights of the child as provided by the Convention.

"The Committee reiterates its previous recommendation (CRC/C/15/Add.239, paragraph 65 (d)) to the State party to provide in its next periodic report detailed information on how the non-judicial approach of the State party conforms to the human rights safeguards enshrined in articles 37, 39 and 40 of the Convention and the nature and application of ‘public education measures’.

"The Committee also urges the State party to bring the system of juvenile justice, applicable to children aged between 14 and 18, fully in line with the Convention, in particular articles 37, 40 and 39, and with other United Nations standards in the field of juvenile justice, including 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), the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules) and the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee’s general comment No. 10 (2007) on children's rights in juvenile justice. In this regard, the Committee recommends that the State party in particular: …

f) ensure that punishment imposed, including ‘public education measures’, do not involve any form of corporal punishment…."

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Session 036 (2004)

(1 July 2004, CRC/C/15/Add.239, Concluding observations on second report, paras. 7, 36 and 37)

"The Committee notes with satisfaction that some concerns and recommendations (CRC/C/15/Add.88) made upon the consideration of the State party’s initial report (CRC/C/3/Add.41) have been addressed through legislative measures and policies. However, recommendations regarding, inter alia, … corporal punishment (para.13) … have not been given sufficient follow-up. The Committee notes that these concerns and recommendations are reiterated in the present document.

"While welcoming the positive steps taken by the State party and the information that it has almost eliminated corporal punishment through, inter alia, public campaigns, the Committee remains concerned that owing to traditional customs, corporal punishment may still be practised and accepted in schools, families, and care institutions.

"The Committee encourages the State party to continue to reinforce its public awareness campaigns to promote positive, participatory and non-violent forms of discipline as an alternative to corporal punishment at all levels of society."

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Session 018 (1998)

(5 June 1998, CRC/C/15/Add.88, Concluding observations on initial report, paras. 13 and 26)

"The Committee is concerned that corporal punishment is still used, especially within the family environment and in institutions, and by the fact that no comprehensive strategy exists to eradicate this form of violence, in light of, inter alia, articles 3, 19 and 28 of the Convention.

"The Committee suggests that the State party take all appropriate measures, including of a legislative nature, to prevent and combat the use of corporal punishment, especially at home and in institutions. The Committee also suggests that awareness-raising campaigns be conducted to ensure that alternative forms of discipline are administered in a manner consistent with the child’s human dignity and in conformity with the Convention."

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