CRC/C/GC/8
page 10
37.
Article 39 of the Convention requires States to take all appropriate measures to promote
physical and psychological recovery and social reintegration of a child victim of “any form of
neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading
treatment or punishment”. Corporal punishment and other degrading forms of punishment may
inflict serious damage to the physical, psychological and social development of children,
requiring appropriate health and other care and treatment. This must take place in an
environment that fosters the integral health, self-respect and dignity of the child, and be extended
as appropriate to the child’s family group. There should be an interdisciplinary approach to
planning and providing care and treatment, with specialized training of the professionals
involved. The child’s views should be given due weight concerning all aspects of their treatment
and in reviewing it.
2.
Implementation of prohibition of corporal punishment
and other cruel or degrading forms of punishment
38.
The Committee believes that implementation of the prohibition of all corporal
punishment requires awareness-raising, guidance and training (see paragraph 45 et seq. below)
for all those involved. This must ensure that the law operates in the best interests of the
affected children - in particular when parents or other close family members are the perpetrators.
The first purpose of law reform to prohibit corporal punishment of children within the family is
prevention: to prevent violence against children by changing attitudes and practice, underlining
children’s right to equal protection and providing an unambiguous foundation for child
protection and for the promotion of positive, non-violent and participatory forms of
child-rearing.
39.
Achieving a clear and unconditional prohibition of all corporal punishment will require
varying legal reforms in different States parties. It may require specific provisions in sectoral
laws covering education, juvenile justice and all forms of alternative care. But it should be made
explicitly clear that the criminal law provisions on assault also cover all corporal punishment,
including in the family. This may require an additional provision in the criminal code of the
State party. But it is also possible to include a provision in the civil code or family law,
prohibiting the use of all forms of violence, including all corporal punishment. Such a provision
emphasizes that parents or other caretakers can no longer use any traditional defence that it is
their right (“reasonably” or “moderately”) to use corporal punishment if they face prosecution
under the criminal code. Family law should also positively emphasize that parental
responsibility includes providing appropriate direction and guidance to children without any
form of violence.
40.
The principle of equal protection of children and adults from assault, including within the
family, does not mean that all cases of corporal punishment of children by their parents that
come to light should lead to prosecution of parents. The de minimis principle - that the law does
not concern itself with trivial matters - ensures that minor assaults between adults only come to
court in very exceptional circumstances; the same will be true of minor assaults on children.
States need to develop effective reporting and referral mechanisms. While all reports of violence
against children should be appropriately investigated and their protection from significant harm
assured, the aim should be to stop parents from using violent or other cruel or degrading
punishments through supportive and educational, not punitive, interventions.