CRC/C/PAN/CO/3-4
(a)
Complete thorough investigations of all incidents of fire, deaths and
injuries in juvenile detention facilities of the incidents in Tocumen and Arco Iris,
criminally prosecute and apply the appropriate disciplinary administrative measures,
and ensure that all those found responsible directly or indirectly for the fires and ill
treatment are sentenced and/or sanctioned, as the case may be;
(b)
Ensure that adolescent detainees are not further victimized;
(c)
Prohibit the use of tear-gas canisters in detention centres and monitor
their implementation, applying disciplinary proceedings on non-compliance;
(d)
Reinstate and upgrade rehabilitation and recreational facilities and
ensure health care and regular education for all juvenile detainees; and
(e)
Set up an independent commission to inspect all facilities periodically
and report to the appropriate authority with recommendations for action.
Corporal punishment
45.
The Committee is concerned that the law does not expressly prohibit corporal
punishment in the home and in schools. Furthermore, the Committee is concerned that the
Family Code (1994, art. 319) and the Civil Code (art. 188) confer the right of parents and
guardians in alternative care settings to “correct” children “reasonably and moderately” and
that the Family Code (art. 443) authorizes guardians to “moderately correct” their wards.
46.
The Committee reiterates its recommendations to explicitly prohibit in the
State party’s legislation all forms of corporal punishment of children and to promote
alternative forms of discipline. In this sense the Committee recommends that articles
319 and 443 of the Family Code and article 188 of the Civil Code be revised taking
into account the Committee’s General comment number 8 (2006) on the right of the
child to protection from corporal punishment and other cruel or degrading forms of
punishment.
Violence against children, including abuse and neglect
47.
The Committee encourages the State party:
(a)
To prioritize elimination of all forms of violence, including abuse and
neglect, against children, also by ensuring, among others, implementation of the
recommendations of the United Nations study on violence against children (A/61/299),
taking account the outcome and recommendations of the Regional Consultations for
Latin America (Buenos Aires, 30 May – June 2005) and paying particular attention to
gender;
(b)
To provide information concerning the implementation by the State
party of the recommendations of the above-mentioned study in its next periodic
report, particularly those highlighted by the Special Representative of the SecretaryGeneral on violence against children, namely:
(i) The development in each State of a national comprehensive strategy to
prevent and address all forms of violence against children;
(ii) The introduction of an explicit national legal ban on all forms of violence
against children in all settings; and
(iii) The consolidation of a national system of data collection, analysis and
dissemination, and a research agenda on violence against children.
(c) To cooperate with the Special Representative of the Secretary-General on
violence against children and seek technical assistance, inter alia, from UNICEF, the
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