CRC/C/ARG/CO/3-4
Corporal punishment
46. While noting the general principle in Act No. 26061 that children are not to be
subjected to violent, discriminatory, humiliating or intimidating treatment, the Committee
expresses concern at the inclusion in article 278 of the Civil Code of a right of parents to
proper correction, which may lead to abuse and corporal punishment. It is further concerned
that corporal punishment is not explicitly prohibited outside the home, including in schools,
centres of detention and alternative care settings.
47. The Committee recommends that the State party explicitly prohibit by law in all
provinces corporal punishment and all forms of violence against children in all
settings, including in the family, in schools, in alternative childcare and in places of
detention for juvenile offenders, and that it implement those laws effectively. The
Committee also recommends that the State party intensify its awareness-raising
campaigns with a view to changing perceptions of corporal punishment and in order
to promote the use of alternative and non-violent forms of discipline in a manner
consistent with the child’s human dignity and in accordance with the Convention,
especially article 28, paragraph 2. In this regard, the Committee encourages the State
party to take into account 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.
Follow-up to the United Nations Study on Violence against Children
48. With reference to the United Nations Study on Violence against Children
(A/61/299), the Committee recommends that the State party:
(a) Take all necessary measures to implement the recommendations contained
in the report of the independent expert for the United Nations Study on Violence
against children, while taking into account the outcome and recommendations of the
regional consultations for Latin America, held in Buenos Aires from 30 May to 1 June
2005. In particular, the Committee recommends that the State party pay particular
attention to the following recommendations:
• Prohibit by law all violence against children, including corporal
punishment in all settings
• Prioritize prevention and promote non-violent values and awarenessraising
• Ensure accountability and end impunity
• Address the gender dimension of violence against children
• Develop and implement systematic national data collection and
research on violence against women, children and adolescents;
(b) Use these recommendations as a tool for action in partnership with civil
society and, in particular, with the involvement of children to ensure that all children
are protected from all forms of physical, sexual and psychological violence and to gain
momentum for practical and, where appropriate, time-bound actions to prevent and
respond to such violence and abuse;
(c) Seek technical cooperation in this respect from the Special Representative of
the Secretary-General on violence against children, the Office of the High
Commissioner for Human Rights (OHCHR), UNICEF and other relevant agencies, as
well as NGO partners.
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