CRC/C/15/Add.204
page 6
30.
The Committee recommends that the State party take all necessary measures to
ensure that these rights are fully respected for all children, as stipulated in the Convention,
and that violations of the freedoms of expression and religion are prevented.
Violence, including ill-treatment
31.
The Committee is concerned at the lack of data on ill-treatment of children, including
child abuse and corporal punishment. It also notes with concern that corporal punishment is not
expressly prohibited by law and is widely practised in the home and in institutions.
32.
The Committee recommends that the State party:
(a)
Establish a mechanism to collect data on the victims and perpetrators of
abuse, disaggregated by gender and age, in order to assess properly the extent of the
problem and to design policies and programmes to address it;
(b)
Carry out public education campaigns about the negative consequences of
ill-treatment of children and, in collaboration with community leaders and others, promote
positive, non-violent forms of discipline as an alternative to corporal punishment;
(c)
Expressly prohibit by law corporal punishment in the home, schools and
other institutions;
(d)
Establish effective procedures and mechanisms to receive, monitor and
investigate complaints of abuse, including intervening where necessary, and ensure that
victims have access to assistance for their recovery.
(e)
Seek technical assistance from, among others, UNICEF in this regard.
5. Family environment and alternative care
Parental responsibilities
33.
The Committee notes with appreciation that the Constitution accords both parents equal
rights and duties within the family, yet it is concerned that the Transitional Civil Code and
customary laws do not generally recognize the principle enshrined in article 18 of the
Convention “that both parents have common responsibilities for the upbringing and development
of the child”, particularly with regard to the custody of children in divorce.
34.
The Committee recommends that the State party ensure that when judicial
proceedings or family councils decide to grant one parent custody of the child, the decision
is taken on the basis of the best interest and with the participation of the child. The State
party should also ensure that both parents are adequately informed of their rights and
responsibilities, particularly in the case of divorce.