African Committee of Experts on the Rights and Welfare of the Child, session 25 (2015)

Recommendations/observations on corporal punishment in the African Committee of Experts on the Rights and Welfare of the Child's concluding observations to states examined in the 25th session

Madagascar

([August 2015], ACERWC, Concluding observations on initial report, paras. 25 and 26)

“The Committee notes with regret that the State Party promotes corporal punishment in the family as a way of domestic disciplining. However, the Committee has a strong stand that corporal punishment should be banned in all settings taking its negative impact on the physical, mental and psychological wellbeing of the child into consideration; and that State Parties should introduce positive disciplining mechanisms at home. Therefore, the Committee recommends that the State Party legally proscribes corporal punishment and promote positive disciplining without physically or verbally harming the child.

“Despite the measures taken by the Government to protect children from abuse and torture, the Committee laments that many children are victims of sexual violence and corporal punishments. The Committee reprehends these violations and regrets that many of the sexual abuses are perpetrated by family members. Consequently, the Committee urges the State Party to investigate and prosecute perpetrators of sexual violence and ensures no impunity, and encourages the society to report such cases and stop stigmatization against those who report sexual abuse by family members.  In addition, the Committee recommends that the State Party banns corporal punishment in all settings including home and schools.”

Namibia

([October 2015], ACERWC, Concluding observations on initial report, para. 25)

“The Committee commends the State Party for prohibiting corporeal punishment in schools under the Namibian Constitution and the Education Act. The Committee further applauds the State Party for recognizing positive disciplining measures under the Code of Conduct for Teaching Service. As part of the continuous effort to protect children from abuse and torture, the Committee recommends the State Party to abolish corporeal [sic] punishment and to promote positive disciplining measures in all settings including at home.”

Rwanda

([July 2015], ACERWC, Concluding observations on second/third report, paras. 19 and 20)

“The Committee notes with satisfaction the adoption of the Integrated Child Rights Policy which prohibits corporal punishment in all settings and Law N° 01/2012 of 02/05/2012 which penalizes the act of inflicting severe suffering on the child. However, the Committee is concerned that corporal punishment is still used to discipline children in schools and at home. Moreover, parents' right to correction of children that is included in the Civil Code has not been repealed yet. Thus, the Committee urges the State Party to fortify its efforts in sensitizing the society in eliminating corporal punishment as well as take measures to repeal all laws and practices that are in contradiction with the Integrated Child Rights Policy.

“During the Constructive dialogue, the Committee has observed that the State Party has started to adopt a ministerial decree on disciplining the child without corporal punishment. Therefore, the Committee calls upon the State Party to expedite the process and introduce alternative positive discipline mechanisms in schools and at home.”

Zimbabwe

([October 2015], ACERWC, Concluding observations on initial report, para. 26)

“While appreciating the State Party for taking various legislative and administrative measures to protect children from abuse and torture, the Committee is concerned of the fact that children could still be sentenced by courts for whipping. The Committee, therefore, recommends the State Party to expedite the adoption of the General Amendment Bill as it has the effect of prohibiting child whipping and to abolish corporeal punishment in all settings and to promote alternative positive disciplining measures.”

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