Committee on the Rights of the Child: Uruguay

Session 068 (2015)

(4 February 2015, CRC/C/URY/CO/3-5 Advance Unedited Version, Concluding observations on third-fifth report, paras. 4, 30, 31 and 32)

"The Committee welcomes the adoption of the following legislative measures: ...

e) the Personal integrity of children and adolescents Act, against degrading corporal punishment of 20 November 2007. 

"The Committee is seriously concerned about : 

a) allegations of ill-treatment and torture in police stations of adolescents suspected of having committed crimes and of children in street situations; 

b) reports of excessive use of force and collective punishments in detention facilities, children and adolescents being locked up in their cells up to 22 hours per day and about the administration of anti-anxiety medication to juvenile detainees, as a mean of restraint, as pointed out by the Committee against Torture  (CAT/C/URY/CO/3) and the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment of punishment (A/HRC/13/39/Add.2);

c) information about overcrowded and extremely poor conditions in detentions centres for children and adolescents;  

d) lack of a systematic inspection mechanism to investigate and evaluate actual conditions as well as violations to existing regulations. 

"With reference to 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, the Committee urges the State party to:

a) take all necessary measures to prevent, prohibit and protect children detained from all forms of torture or other cruel, inhuman and degrading treatment or punishment, including by the police;

b) establish an independent complaints mechanism accessible for all children deprived of their liberty;

c) ensure prompt, independent and effective investigation of all alleged cases of torture or ill-treatment of children and, as appropriate, prosecute offenders;

e) ensure that conditions of detention in penitentiaries comply with international minimum sanitary and hygienic standards; and

f) provide independent investigations of the alleged irregularities in the administration of medication to juvenile detainees and provide care, recovery, compensation and rehabilitation for victims.

"While noting that corporal punishment is prohibited in all settings, the Committee is concerned that the legislation does not provide for a specific sanction for those inflicting corporal punishment. The Committee is also concerned that violence against children remains a serious problem in the State party and that the measures adopted to identify and protect children victims of violence, including domestic violence remain inadequate. 

"The Committee recommends that the State party:

a) ensure that laws prohibiting corporal punishment are effectively implemented, including through the imposition of commensurate sanctions to those responsible for ill-treating children; 

b) formulate a comprehensive strategy for preventing and combating child abuse, including awareness-raising and education programmes, involving children, former victims, volunteers and community members;

c) establish a national database on all cases of domestic violence against children, and undertake a comprehensive assessment of the extent, causes and nature of such violence;

d) ensure the effective dissemination and implementation of the SIPIAV by all actors and throughout the country; and

Cooperate with the Special Representative of the Secretary-General on violence against children and other relevant United Nations institutions."

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Session 045 (2007)

(5 July 2007, CRC/C/URY/CO/2, Concluding observations on second report, paras. 36 and 37)

"The Committee, while recognising pending legislative amendments, regrets that article 16 of the Code on Childhood and Adolescence of 2004 allows for corporal punishment of children. The Committee is concerned over the lack of statistics on the number of reported cases and that corporal punishment continues to occur in the home, as well as schools and childcare institutions.

"The Committee recommends that the State party adopt pending legislation as soon as possible, explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also take all measures to ensure the enforcement of the law, conduct capacity building of professionals working with children, carry out awareness raising and public education campaigns against corporal punishment and promote non-violent, participatory methods of child-rearing and education, while taking due account of general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."

Read more from Session 045 (2007)
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