CRC/C/15/Add.259
page 9
39.
As regards torture and other cruel, inhuman or degrading treatment or
punishment, the Committee urges the State party to review its legislation in order to
provide children with better protection against torture and ill-treatment in the home and
in all public and private institutions and to criminalize torture by law. The Committee
recommends that the State party investigate and prosecute all cases of torture and
ill-treatment of children, ensuring that the abused child is not victimized in legal
proceedings and that his/her privacy is protected. The State party should ensure that
child victims are provided with appropriate services for care, recovery and reintegration.
The Committee recommends that the State party continue its efforts in training
professionals working with and for children, including teachers, law enforcement officials,
care providers, judges and health personnel in the identification, reporting and
management of cases of ill-treatment.
40.
The Committee requests the State party to include in its next periodic report
information about the number of cases of torture, inhuman and/or degrading treatment
of children reported to the authorities or relevant agencies, the number of perpetrators
of such acts who have been sentenced by the courts and the nature of these sentences.
Corporal punishment
41.
While noting the State party’s efforts to prohibit the use of corporal punishment in
schools, prisons, institutions and forms of childcare by implementing various relevant
provisions, the prevalence of corporal punishment in society gives cause for serious concern.
The Committee is concerned that a provision for corporal punishment is not included in the
Child and Youth Welfare Code and regrets that corporal punishment in the home is not explicitly
prohibited by law.
42.
In the light of its general comment No. 1 (2001) on the aims of education and the
recommendations adopted by the Committee on its day of general discussion on violence
against children within the family and in schools (see CRC/C/111), the Committee
reiterates that corporal punishment is not compatible with the provisions of the
Convention and it is inconsistent with the requirement of respect for the child’s dignity, as
specifically required by article 28, paragraph 2, of the Convention. Therefore, the
Committee recommends that the State party prohibit by law all forms of corporal
punishment in the home, in schools and in private and public institutions, in the juvenile
justice system and the alternative care system.
43.
The Committee recommends to the State party that it conduct a comprehensive
study to assess the nature and extent of corporal punishment in different settings, including
the home environment. Furthermore, the Committee recommends that the State party
sensitize and educate parents, guardians and professionals working with and for children
by carrying out public education campaigns about the harmful impact of violent forms of
“discipline” and promote positive, non-violent forms of discipline as an alternative to
corporal punishment.