CRC/C/KHM/CO/2-3
families and the media. The Committee draws the attention of the State party to its
general comment No. 12 (2009) on the right of the child to be heard.
C.
Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37 (a) of the
Convention)
Birth registration
36.
The Committee welcomes the Sub-Decree on Civil Status No. 103 of December
2000 which makes birth registration compulsory, and the significant achievements of the
State party to ensure free birth registration countrywide. The Committee is however
concerned that children of irregular immigrants are not eligible for birth registration, and
that families of Vietnamese origin are often rejected when they try to obtain a birth
certificate for their children.
37.
In light of article 7 of the Convention, the Committee urges the State party to
guarantee free birth registration for all, regardless of their parent’s legal status and
origins.
Torture or other cruel, inhuman or degrading treatment and punishment
38.
The Committee expresses deep concern about allegations that children and
adolescents addicted to drugs, children with mental disabilities and children in street
situations have been subjected to torture and ill-treatment, including widespread beatings,
whippings and administration of electric shock in drug rehabilitation and youth centres
where some of them had been forcibly placed.
39.
The Committee urges the State party to:
(a)
Ensure that children in any form of arbitrary detention, whether in drug
treatment and rehabilitation, social rehabilitation or any other type of Governmentrun centre are released without delay;
(b)
Ensure prompt investigation into allegations of ill treatment and torture
of children in those centres and ensure that perpetrators are brought to justice;
(c)
Set up an independent child-sensitive mechanism to receive complaints
against law enforcement officers and to provide victims with redress as already
recommended by the Committee against Torture (CAT/C/KHM/CO/2, para. 20).
Corporal punishment
40.
While noting that the State party has adopted various legislation to prohibit corporal
punishment, the Committee is however concerned that article 1045 of the Civil Code allows
a “parental power holder to personally discipline the child to the extent necessary” and that
article 8 of the Law on the Prevention of Domestic Violence and Protection of the Victims
implicitly authorizes corporal punishment of children for disciplinary purposes. The
Committee expresses concern that physical punishment is frequently viewed as a culturally
acceptable form of discipline by parents and teachers and widely practiced in the State
party.
41.
The Committee urges the State party to:
(a)
Repeal article 1045 of the Civil Code and provisions of the Law on the
Prevention of Domestic Violence and Protection of the Victims authorizing corporal
punishment of children;
8