Committee on the Rights of the Child: Mozambique

Session 052 (2009)

(4 November 2009, CRC/C/MOZ/CO/2, Concluding observations on second report, paras. 8, 47, 48 and 75)

"The Committee refers the State party to its general comment No. 5 (2003) on general measures of implementation for the Convention on the Rights of the Child and recommends that it take all necessary measures to address the recommendations from the concluding observations of the initial report that have not yet been implemented or sufficiently implemented, including those related to the allocation of resources, children with disabilities, children living on the street, child labour, corporal punishment, and child abuse and neglect…. 

"The Committee is concerned that corporal punishment remains lawful in the home and schools and is often considered the only way to discipline children. The Committee is also concerned that the Child Rights Protection Law does not explicitly prohibit corporal punishment at home and in schools. The Committee is further concerned that in spite of internal regulations of the Ministry of Education prohibiting corporal punishment, it continues to be inflicted on children by teachers and parents throughout the State party. 

"Recalling its previous recommendation (CRC/C/15/Add.172, para. 39 (b)), the Committee draws the attention of the State party to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, according to which eliminating violent and humiliating punishment of children is an immediate and unqualified obligation of States parties. The Committee therefore urges the State party:

a) to explicitly prohibit by law corporal punishment in the family, schools and institutions and ensure that those laws are effectively implemented and that legal proceedings are systematically initiated against those responsible for mistreating children;

b) to conduct a comprehensive study to assess the causes, nature and extent of corporal punishment throughout the State party; and 

c) to introduce public education, awareness-raising and social mobilization campaigns on the harmful effects of corporal punishment with a view to changing the general attitude towards this practice and promoting positive, non-violent, participatory values and forms of child-rearing and education.

"The Committee notes with satisfaction the creation of the National Refugee Support Institute by Decree No. 51/2003 of 24 December 2003 with the aim, notably, of ensuring the enjoyment by refugee children of their rights to education, health care, social security and protection, as well as the establishment within the Marratane refugee centre of a primary school and a health centre. The Committee is, however, concerned at the high level of ethnic tension and violence among children in the camp and in the school, where corporal punishment is inflicted by teachers on children…."

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Session 029 (2002)

(7 February 2002, CRC/C/15/Add.172, Concluding observations on initial report, paras. 38 and 39)

"The Committee is concerned:

a) at acts of violence and abuse, including sexual abuse, committed against children in schools and alternative care institutions and by members of the public or the police force in the streets and that boys are not as well protected from sexual offences as girls;

b) that corporal punishment is widely practised in the home, in schools and in other public institutions, such as prisons, and in alternative care contexts….

"The Committee recommends that the State party:

a) take action to address acts of violence and abuse, including sexual abuse, committed against children in the family, in schools and in the streets through, inter alia, the use of training and information campaigns on the impact of violence on children, children’s rights and the prosecution of perpetrators;

b) take action to end the practice of corporal punishment in the home, in schools and in all other contexts, including through legislative and administrative measures, as well as public education initiatives to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment;

c) make every effort to ensure the provision of treatment and rehabilitation to the victims of violence and abuse…."

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