CAT/C/GBR/CO/5
also recommends that the State party ban the use of any technique designed to inflict
pain on children.
Corporal punishment
29.
The Committee takes note of amendments to legislation in England, Wales, Scotland
and Northern Ireland, which limit the application of the defence of “reasonable
punishment” (or “justifiable assault” in Scotland), but remains concerned that some forms
of corporal punishment are still legally permissible in the home by parents and those in loco
parentis. In addition, it is concerned that some forms of corporal punishment are lawful in
the home, schools and alternative care settings in almost all overseas territories and Crown
dependencies.
The Committee recommends that the State party prohibits corporal punishment of
children in all settings in the Metropolitan territory, Crown dependencies and
overseas territories, repealing all legal defences currently in place, and further
promote positive non-violent forms of discipline via public campaigns as an
alternative to corporal punishment.
Immigration detention
30.
The Committee notes that the expansion of immigration detention has prompted
some reforms including the adoption of the Borders, Citizenship and Immigration Act
(2009), aimed at streamlining immigration processes; the official disavowal of child
detention and revised processes for dealing with Rule 35 of the Detention Centre Rules.
The Committee remains concerned at:
(a)
Instances where children, torture survivors, victims of trafficking and persons
with serious mental disability were detained while their asylum cases were being decided;
(b)
Cases of torture survivors and people with mental health conditions entering
the Detained Fast Track (DFT) system due to a lack of clear guidance and inadequate
screening processes, and the fact that torture survivors need to produce “independent
evidence of torture” at the screening interview to be recognized as unsuitable for the DFT
system;
(c)
The absence of a limit on the duration of detention in Immigration Removal
Centres (arts. 2, 3, 11 and 16).
The Committee urges the State party to:
(a)
Ensure that detention is used only as a last resort, in accordance with the
requirements of international law, and not for administrative convenience;
(b)
Take necessary measures to ensure that vulnerable people and torture
survivors are not routed into the Detained Fast Track System, including by: (i)
reviewing the screening process for administrative detention of asylum seekers upon
entry; (ii) lowering the evidential threshold for torture survivors; (iii) conducting an
immediate independent review of the application of Rule 35 of the Detention Centre
Rules in immigration detention, in line with the Home Affairs Committee’s
recommendation and ensure that similar rules apply to short-term holding facilities
and (iv) amending the 2010 United Kingdom Border Agency, Enforcement Instructions
and Guidance, which allows for the detention of people with mental illness unless their
mental illness is so serious that it cannot be managed in detention;
(c)
Introduce a limit for immigration detention and take all necessary steps
to prevent cases of de facto indefinite detention.
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