CRC/C/CRI/CO/4
Torture or other cruel, inhuman or degrading treatment or punishment
43.
The Committee notes that the National Plan for the Prevention of Violence and the
Promotion of Peace (2007) is being evaluated and that a new plan is being drafted to
include drug trafficking and consumption. It also welcomes the programme Windows of
Peace 2010-2014 including the proclamation of “child-friendly” cantons. However, the
Committee notes with concern:
(a)
Tendencies in the media and in the legislature promoting zero tolerance or
mano dura policies to prevent delinquency among children and adolescents in vulnerable
situations, in particular children in street situations; and
(b)
Continued allegations of ill-treatment of juveniles in detention and in penal
institutions, despite the fact that Act No. 8654 (2008) on the rights of children and
adolescents to be disciplined without physical punishment or degrading treatment and Act
No. 8649 (2008) on the application of juvenile criminal penalties prohibit the use of
corporal punishment and degrading treatment by the staff of juvenile detention centres and
penal institutions.
44.
The Committee urges the State party to ensure that plans to prevent violence
and promote peace are adequately implemented and evaluated so that they discourage
repressive and retrogressive actions against children and adolescents, in particular
those in vulnerable situations. It also urges the State party to investigate and
prosecute all cases of ill-treatment of children by police officers and prison guards,
and bring perpetrators to justice.
Corporal punishment
45.
The Committee welcomes the adoption of Act No. 8654 (2008) on the rights of
children and adolescents to be disciplined without physical punishment or degrading
treatment, prohibiting corporal punishment and degrading treatment of children or
adolescents by parents, guardians, alternative caregivers and the staff of educational, health
and day-care centres and juvenile detention centres. However, it remains concerned that:
corporal punishment is still perceived as sometimes necessary by a large percentage of the
population; the Office of the Ombudsman has received a high number of complaints and
queries from children and adolescents regarding mistreatment by teachers; and perpetrators
are only being held criminally responsible when the corporal punishment has resulted in
physical injuries.
46.
In light of article 28, paragraph 2, of the Convention and General Comment
No. 8 (2006) on the right of the child to protection from corporal punishment and
other cruel or degrading forms of punishment, the Committee recommends that the
State party:
(a)
Ensure the full implementation of Act No. 8654 prohibiting corporal
punishment and ensure that all cases of corporal punishment are effectively
investigated and prosecuted and that perpetrators, including teachers, are being held
criminally responsible, irrespective of whether or not such punishment has resulted in
physical injuries of the child;
(b)
Continue to take appropriate measures to raise the awareness of the
general public, including children, on the unlawfulness and the negative consequences
of corporal punishment and other forms of violence in the upbringing of children; and
(c)
Sensitize parents, teachers and others working with and for children
about alternative, non-violent forms of discipline.
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