Committee on the Rights of the Child: Yemen
Session 065 (2014)
(31 January 2014, CRC/C/YEM/CO/4 Advance Unedited Version, Concluding observations on fourth state party report, paras. 7, 8, 43 and 44)
"The Committee, while welcoming the State party’s efforts to implement the Committee’s concluding observations of 2005 on the State party’s third periodic report (CRC/C/15/Add.267), notes with regret that some of the recommendations contained therein have not been fully addressed.
"The Committee urges the State party to take all necessary measures to address those recommendations from the concluding observations of the third periodic report under the Convention that have not been implemented or sufficiently implemented, particularly those related to the definition of the child, corporal punishment, harmful practices, education and administration of juvenile justice.
"The Committee notes that the Ministry of Education issued Decree No. 426 (2012) prohibiting corporal punishment in schools. However, it is concerned at the challenges to the effective implementation of this decree, such as the lack of adequate monitoring mechanisms, the teachers’ preconceptions regarding corporal punishment as a disciplinary measure and the lack of accountability mechanisms. It remains concerned that corporal punishment continues to be widely used within the family, in alternative care settings and as a sentence for a crime.
"The Committee urges the State party to:
a) explicitly prohibit in its legislation all forms of corporal punishment including by adopting the draft amendments package on the rights of the child;
b) introduce sustained public education, awareness-raising and social mobilization programmes, involving children, families, communities, traditional and religious leaders, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice;
c) ensure that legal proceedings are systematically initiated against those responsible for ill-treating children;
d) promote positive, non-violent and participatory forms of child-rearing and discipline; and
e) establish a child-friendly complaints mechanism."Read more from Session 065 (2014)
Session 039 (2005)
(21 September 2005, CRC/C/15/Add.267, Concluding observations on third report, paras. 41, 42 and 43)
"The Committee is deeply concerned that corporal punishment is still used as a disciplinary measure in schools despite its official prohibition and is widely practised within the family and in other settings. The Committee is further concerned that corporal punishment, including flogging, is still lawful as a sentence for crime.
"The Committee recommends that the State party, as a matter of urgency:
a) review existing legislation and explicitly prohibit all forms of corporal punishment;
b) abolish by law the possibility of sentencing a child to any form of physical punishment; and
c) undertake well-targeted public-awareness campaigns on the negative impact of corporal punishment on children, and provide teachers and parents with training on non-violent forms of discipline as an alternative to corporal punishment.
"The Committee also reiterates its previous concluding recommendations (CRC/C/15/Add. 102, paras, 21 and 34) and joins its voice to those made by the Human Rights Committee (CCPR/C/75/YEM, para. 16), and the Committee Against Torture (CAT/C/CR/31/4, para. 7)."Read more from Session 039 (2005)
Session 020 (1999)
(10 May 1999, CRC/C/15/Add.102, Concluding observations on second report, paras. 21 and 34)
"Although the Committee is aware that ill-treatment of children is prohibited by law, it remains concerned that the use of corporal punishment by parents is widely regarded to be acceptable. The Committee recommends that the State party reinforce measures to raise awareness on the negative effects of corporal punishment and ensure that discipline in schools, families and all institutions is administered in a manner consistent with the child’s dignity, in the light of articles 3, 12, 19 and 28 of the Convention. The Committee further suggests that the State party ensure that alternative disciplinary measures are developed within the family and in schools and other institutions.
“While noting that the State party has in place domestic legislation relating to juvenile justice, the Committee remains concerned at the general situation of the administration of juvenile justice and in particular its compatibility with the Convention, as well as with other relevant United Nations standards. The Committee is especially concerned about the lack of detention centres for female juvenile offenders; the use of detention other than as a measure of last resort; the poor living conditions in detention centres; the use of physical punishment, including flogging, and torture in detention centres; the lack of rehabilitation measures and educational facilities for juvenile offenders; and the placement of ‘potential delinquents’ in detention centres instead of care institutions for their rehabilitation. Furthermore, the Committee considers that the age of criminal responsibility, set at 7 years, is too low. The Committee reiterates its recommendations (see CRC/C/15/Add.47, para.21) that the State party take all measures to review its legislation in order to reflect fully the provisions of the Convention, in particular articles 37, 40 and 39, as well as other relevant international standards in this area, such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Training programmes on relevant international standards should be organized for all professionals working in the system of juvenile justice. The Committee recommends that the State party consider seeking technical assistance from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention, the International Network on Juvenile Justice and UNICEF through the Coordination Panel on Juvenile Justice."Read more from Session 020 (1999)