CRC/C/GC/8
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41.
Children’s dependent status and the unique intimacy of family relations demand that
decisions to prosecute parents, or to formally intervene in the family in other ways, should be
taken with very great care. Prosecuting parents is in most cases unlikely to be in their children’s
best interests. It is the Committee’s view that prosecution and other formal interventions (for
example, to remove the child or remove the perpetrator) should only proceed when they are
regarded both as necessary to protect the child from significant harm and as being in the best
interests of the affected child. The affected child’s views should be given due weight, according
to his or her age and maturity.
42.
Advice and training for all those involved in child protection systems, including the
police, prosecuting authorities and the courts, should underline this approach to enforcement of
the law. Guidance should also emphasize that article 9 of the Convention requires that any
separation of the child from his or her parents must be deemed necessary in the best interests of
the child and be subject to judicial review, in accordance with applicable law and procedures,
with all interested parties, including the child, represented. Where separation is deemed to be
justified, alternatives to placement of the child outside the family should be considered,
including removal of the perpetrator, suspended sentencing, and so on.
43.
Where, despite prohibition and positive education and training programmes, cases of
corporal punishment come to light outside the family home - in schools, other institutions and
forms of alternative care, for example - prosecution may be a reasonable response. The threat to
the perpetrator of other disciplinary action or dismissal should also act as a clear deterrent. It is
essential that the prohibition of all corporal punishment and other cruel or degrading punishment,
and the sanctions that may be imposed if it is inflicted, should be well disseminated to children
and to all those working with or for children in all settings. Monitoring disciplinary systems and
the treatment of children must be part of the sustained supervision of all institutions and
placements which is required by the Convention. Children and their representatives in all such
placements must have immediate and confidential access to child-sensitive advice, advocacy and
complaints procedures and ultimately to the courts, with necessary legal and other assistance. In
institutions, there should be a requirement to report and to review any violent incidents.
3. Educational and other measures
44.
Article 12 of the Convention underlines the importance of giving due consideration to
children’s views on the development and implementation of educational and other measures to
eradicate corporal punishment and other cruel or degrading forms of punishment.
45.
Given the widespread traditional acceptance of corporal punishment, prohibition on its
own will not achieve the necessary change in attitudes and practice. Comprehensive
awareness-raising of children’s right to protection and of the laws that reflect this right is
required. Under article 42 of the Convention, States undertake to make the principles and
provisions of the Convention widely known, by appropriate and active means, to adults and
children alike.
46.
In addition, States must ensure that positive, non-violent relationships and education are
consistently promoted to parents, carers, teachers and all others who work with children and
families. The Committee emphasizes that the Convention requires the elimination not only of
corporal punishment but of all other cruel or degrading punishment of children. It is not for the