CAT/C/CRI/CO/2
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Corporal punishment
23. The Committee notes with satisfaction that corporal punishment is banned in education and
in juvenile prisons. However, in the family, article 143 of the Family Code states that parents
have the right to correct children in a moderate manner, which has been interpreted as allowing
the use of corporal punishment (art. 16).
The Committee takes note of the bill to abolish physical punishment of children and
young people submitted to the Legislative Assembly by the Ombudsman, and the
setting up of a group to discuss the issue. It encourages the State party to expedite the
complete prohibition of corporal punishment of children.
Domestic violence and violence against women and children
24. The Committee takes note of the efforts made by the State party to eradicate domestic
violence. The Committee welcomes the information provided by the representative of the State
party indicating that there is no legal obstacle to the application of Act No. 7586 on domestic
violence to same-sex couples. However, according to information received by the Committee,
the authorities often fail to register or properly investigate reports of domestic violence lodged
by persons with a partner of the same sex (art. 16).
25. The Committee regrets the lack of data broken down by sex and age and the lack of
precision in the conceptualization of violence against women and children and the categories of
analysis and variables used (art. 16).
The State party should ensure the protection of all victims of domestic violence and
other ill-treatment without any discrimination through the registration and
investigation of all cases of torture, as well as the prosecution and conviction of those
responsible for such acts. The Committee encourages the State party to set up
appropriate programmes to raise awareness among the security forces of domestic
violence, including sexual violence and violence against children.
The Committee urges the State party to devise a system for the collection of
disaggregated data, studies and analyses on the issue of violence against women
and children.
26. The Committee notes with satisfaction the creation of the post of Ombudsman as a means
of preventing torture under the Optional Protocol to the Convention against Torture and
recommends that it should receive adequate funds to perform that function effectively.
27. The State party is urged to disseminate widely the reports it submits to the Committee, its
replies to the list of issues, the summary records of the meetings and the concluding
observations, and the summary records of the Committee, in the appropriate languages, by
means of official websites, the media and non-governmental organizations.