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children. For example, the defence of “lawful”, “reasonable” or “moderate” chastisement or
correction has formed part of English common law for centuries, as has a “right of correction” in
French law. At one time in many States the same defence was also available to justify the
chastisement of wives by their husbands and of slaves, servants and apprentices by their masters.
The Committee emphasizes that the Convention requires the removal of any provisions (in
statute or common - case law) that allow some degree of violence against children
(e.g. “reasonable” or “moderate” chastisement or correction), in their homes/families or in any
other setting.
32.
In some States, corporal punishment is specifically authorized in schools and other
institutions, with regulations setting out how it is to be administered and by whom. And in a
minority of States, corporal punishment using canes or whips is still authorized as a sentence of
the courts for child offenders. As frequently reiterated by the Committee, the Convention
requires the repeal of all such provisions.
33.
In some States, the Committee has observed that while there is no explicit defence or
justification of corporal punishment in the legislation, nevertheless traditional attitudes to
children imply that corporal punishment is permitted. Sometimes these attitudes are reflected in
court decisions (in which parents or teachers or other carers have been acquitted of assault or
ill-treatment on the grounds that they were exercising a right or freedom to use moderate
“correction”).
34.
In the light of the traditional acceptance of violent and humiliating forms of punishment
of children, a growing number of States have recognized that simply repealing authorization of
corporal punishment and any existing defences is not enough. In addition, explicit prohibition of
corporal punishment and other cruel or degrading forms of punishment, in their civil or criminal
legislation, is required in order to make it absolutely clear that it is as unlawful to hit or “smack”
or “spank” a child as to do so to an adult, and that the criminal law on assault does apply equally
to such violence, regardless of whether it is termed “discipline” or “reasonable correction”.
35.
Once the criminal law applies fully to assaults on children, the child is protected from
corporal punishment wherever he or she is and whoever the perpetrator is. But in the view of the
Committee, given the traditional acceptance of corporal punishment, it is essential that the
applicable sectoral legislation - e.g. family law, education law, law relating to all forms of
alternative care and justice systems, employment law - clearly prohibits its use in the relevant
settings. In addition, it is valuable if professional codes of ethics and guidance for teachers,
carers and others, and also the rules or charters of institutions, emphasize the illegality of
corporal punishment and other cruel or degrading forms of punishment.
36.
The Committee is also concerned at reports that corporal punishment and other cruel or
degrading punishments are used in situations of child labour, including in the domestic context.
The Committee reiterates that the Convention and other applicable human rights instruments
protect the child from economic exploitation and from any work that is likely to be hazardous,
interferes with the child’s education, or is harmful to the child’s development, and that they
require certain safeguards to ensure the effective enforcement of this protection. The Committee
emphasizes that it is essential that the prohibition of corporal punishment and other cruel or
degrading forms of punishment must be enforced in any situations in which children are
working.