Committee on the Rights of the Child: Marshall Islands

Session 044 (2007)

(19 November 2007, CRC/C/MHL/CO/2, Concluding observations on second report, paras. 3, 41, 42 and 43)

"The Committee notes with appreciation the enactment of the following legislation: ...

d) amended Criminal Code, which prohibits the use of corporal punishment against children as a disciplinary measure in penal institutions.

"While noting that corporal punishment is prohibited in schools by the Rules and Regulations of the Ministry of Education (1992) and that it is unlawful as a disciplinary measure under the revised Penal Code, the Committee is concerned that it remains lawful in the family and that it is not formally prohibited in alternative care settings.

"The Committee urges the State party to:

a) explicitly prohibit all forms of corporal punishment in the family and in institutional settings and alternative care systems as a matter of priority;

b) sensitize and educate parents, guardians and professionals working with and for children by carrying out public educational campaigns about the harmful impact of corporal punishment, and promote positive, nonviolent forms of discipline as an alternative to corporal punishment;

c) provide children with child-sensitive mechanisms to lodge complaints in case they are victims of violence, including corporal punishment.

"In this respect, the Committee recommends that the State party take into account General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."

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Session 025 (2000)

(16 October 2000, CRC/C/15/Add.139, Concluding observations on initial report, paras. 36 and 37)

"The Committee is concerned that the use of corporal punishment within the family, schools, other institutions, and generally within society is not expressly prohibited by law.

"In light of articles 19, 28 (2) and 37 of the Convention, the Committee recommends that the State party adopt appropriate legislative measures to prohibit the use of any form of corporal punishment within the family, schools and other institutions. It also encourages the State party to develop measures to raise awareness about the negative effects of corporal punishment and ensure that alternative forms of discipline are administered in families, schools and other institutions in a manner consistent with the child’s dignity and in conformity with the Convention."

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