CRC/C/15/Add.269
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Committee also notes with concern the lack of an explicit prohibition of corporal punishment in
alternative care settings. Notwithstanding the fact that corporal punishment is prohibited in
schools, the Committee remains concerned that it is still used as a disciplinary measure.
42.
The Committee urges the State party to adopt legislation explicitly prohibiting
corporal punishment in the home, in public and private alternative care, in schools and in
all other settings, and to conduct public education and awareness-raising campaigns
promoting children’s right to protection from all forms of violence as well as alternative,
participatory, non-violent forms of discipline. In addition, the Committee recommends
that the State party improve the effectiveness of the monitoring system in order to ensure
that abuse of power by teachers or other professionals working with and for children does
not take place in schools or other institutions.
4. Family environment and alternative care
Parental responsibilities
43.
In light of article 18 of the Convention, the Committee recalls the principle that both
parents have common responsibilities for the upbringing and development of the child, and the
State party should provide appropriate assistance to parents in this respect. The Committee is
concerned that parental responsibilities are not assigned equally, under law, to fathers and
mothers, i.e. only the father exercises full legal power over the child. It further notes with
concern that children born out of wedlock are not entitled to equal rights, such as to be
recognized as a “legitimate” child of the father.
44.
The Committee recommends that the State party consider revising the
Family Code to ensure that men and women have equal parental responsibilities,
regardless of their marital status, and to abolish the discriminatory classification of
children as “illegitimate”.
Institutional and alternative care
45.
While noting the alternative care that exists for children deprived of family environment
such as kafalah and various forms of residential care, the Committee is concerned at the lack of
information about the informal forms of alternative care for children without parental care. The
Committee notes the information that kafalah abroad is becoming more popular, but regrets the
lack of information about the regulations for this form of alternative care.
46.
The Committee recommends that the State party continue to support and promote
kafalah as a means of alternative care with a view to reducing the need to resort to
residential care for children separated from their parents. It emphasizes that the kafalah
system should never compromise the rights of the child, including non-discrimination,
and their effective implementation. The Committee further recommends that the State
party adequately monitor informal forms of alternative care, collect data allowing
disaggregation on this practice, and take measures to ensure that the rights of children
are fully respected.