CRC/C/VNM/CO/3-4
Torture or other cruel, inhuman or degrading treatment or punishment
43.
The Committee takes note of the State party’s consideration of accession to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. However, it expresses deep concern that many children have reportedly been
and still are subjected to ill-treatment or torture while being administratively detained in
drug detention centres, including through the imposition of solitary confinement
punishment.
44.
In the light of article 37 (a) of the Convention, the Committee urges the State
party:
(a)
To take all necessary measures to prevent, prohibit and protect children
administratively detained in connection with drug addiction problems from all forms
of torture or other cruel, inhuman and degrading treatment or punishment;
(b)
To introduce an easily accessible complaints mechanism for children in
such centres, with formal authority to decide complaints;
(c)
To ensure prompt, independent and effective investigation of all alleged
cases of torture or ill-treatment of children and, as appropriate, prosecute offenders;
(d)
To provide care, recovery, compensation and rehabilitation for victims;
(e)
To ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and consider ratifying the Optional Protocol
thereto.
Corporal punishment
45.
The Committee is concerned about the prevalence of corporal punishment in the
home and that many parents still find it appropriate to use slapping as a means of discipline.
While noting the State party’s declaration during the dialogue that it intends to include a
provision on corporal punishment in the amendment to the 2004 Law on Protection, Care
and Education of Children, the Committee remains concerned that the State party has not
yet passed legislation explicitly prohibiting all forms of corporal punishment in all settings,
including in the home, despite the Committee’s previous recommendation
(CRC/C/15/Add.200, para. 34 (e)).
46.
The Committee recommends that the State party reform its domestic
legislation, including the envisaged amendment to the 2004 Law on Protection, Care
and Education of Children, to ensure the explicit prohibition of all forms of corporal
punishment in all settings, taking 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, and general comment No. 13 (2011) on the
right of the child to freedom from all forms of violence. The Committee further
recommends that the State party raise awareness among parents and the general
public on the negative impact of corporal punishment on the well-being of children,
and on positive alternative methods of discipline in accordance with the rights of the
child, also through the effective implementation of the National Programme on Child
Protection for 2011-2015.
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