CRC/C/NIC/CO/4
degrading treatment or punishment, the Committee is concerned at reports of degrading
police treatment of children and the lack of investigation or charges.
47.
The Committee recommends that the State party adopt appropriate measures
to combat torture and cruel, inhuman or degrading treatment, including the
development of systematic training programmes addressed to all professionals
working with and for children, especially the police force, on prevention of and
protection against torture and other forms of ill-treatment. The Committee further
recommends that the State party investigate the allegations of torture and illtreatment of children, and take all necessary measures to bring the alleged
perpetrators to justice.
Corporal punishment
48.
The Committee is very concerned that while article 155 of the Penal Code prohibits
corporal punishment it makes an exception for “disciplinary correction.” It is also
concerned at the inadequate application of MINED administrative regulations that prohibit
physical punishment in school.
49.
The Committee strongly recommends that the State party amend article 155 of
the Penal Code to explicitly state that all corporal punishment – in the family,
alternative care settings, school, public administration and judicial settings –
constitutes an offence. Furthermore, the Committee urges the State party to ensure
that the Education Law and the administrative regulations concerning alternative
methods of positive and participatory discipline are enforced, and that abusers are
severely punished. Regarding the police and the judiciary, the Committee
recommends that appropriate standards be set and enforced to prevent and severely
sanction corporal punishment of children and adolescents while in police custody and
during judicial proceedings.
Follow-up to the United Nations study on violence against children
50.
With reference to the United Nations study on violence against children
(A/61/299), the Committee recommends that the State party take all necessary
measures to implement the recommendations contained in the report of the
independent expert, while taking into account the outcome and recommendations of
the regional consultation on violence against children, held in Buenos Aires from 30
May to 1 June 2005. In particular, the Committee urges the State Party to pay
particular attention to the following recommendations:
(a)
Prohibit all forms of violence against children in all settings, including all
corporal punishment;
(b)
Prioritize prevention by addressing the underlying causes and allocating
adequate resources to address risk factors and prevent violence before it occurs;
(c)
Enhance the capacity of all who work with and for children by investing
in systematic education and training programmes;
(d)
Address the gender dimension of violence against children; and
(e)
Provide accessible, child-sensitive and universal recovery and social
reintegration services.
51.
The Committee urges the State party to use these recommendations as a tool
for action, in partnership with civil society and, in particular, with the involvement of
children, to ensure that every child is protected from all forms of physical, sexual and
psychological violence and to gain momentum for concrete and, where appropriate,
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