CRC/C/GC/8
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12.
Corporal punishment and other cruel or degrading forms of punishment of children take
place in many settings, including within the home and family, in all forms of alternative care,
schools and other educational institutions and justice systems - both as a sentence of the courts
and as a punishment within penal and other institutions - in situations of child labour, and in the
community.
13.
In rejecting any justification of violence and humiliation as forms of punishment for
children, the Committee is not in any sense rejecting the positive concept of discipline. The
healthy development of children depends on parents and other adults for necessary guidance and
direction, in line with children’s evolving capacities, to assist their growth towards responsible
life in society.
14.
The Committee recognizes that parenting and caring for children, especially babies and
young children, demand frequent physical actions and interventions to protect them. This is
quite distinct from the deliberate and punitive use of force to cause some degree of pain,
discomfort or humiliation. As adults, we know for ourselves the difference between a protective
physical action and a punitive assault; it is no more difficult to make a distinction in relation to
actions involving children. The law in all States, explicitly or implicitly, allows for the use of
non-punitive and necessary force to protect people.
15.
The Committee recognizes that there are exceptional circumstances in which teachers and
others, e.g. those working with children in institutions and with children in conflict with the law,
may be confronted by dangerous behaviour which justifies the use of reasonable restraint to
control it. Here too there is a clear distinction between the use of force motivated by the need to
protect a child or others and the use of force to punish. The principle of the minimum necessary
use of force for the shortest necessary period of time must always apply. Detailed guidance and
training is also required, both to minimize the necessity to use restraint and to ensure that any
methods used are safe and proportionate to the situation and do not involve the deliberate
infliction of pain as a form of control.
IV. HUMAN RIGHTS STANDARDS AND CORPORAL
PUNISHMENT OF CHILDREN
16.
Before the adoption of the Convention on the Rights of the Child, the International Bill of
Human Rights - the Universal Declaration and the two International Covenants, on Civil and
Political Rights and on Economic, Social and Cultural Rights - upheld “everyone’s” right to
respect for his/her human dignity and physical integrity and to equal protection under the law. In
asserting States’ obligation to prohibit and eliminate all corporal punishment and all other cruel
or degrading forms of punishment, the Committee notes that the Convention on the Rights of the
Child builds on this foundation. The dignity of each and every individual is the fundamental
guiding principle of international human rights law.
17.
The preamble to the Convention on the Rights of the Child affirms, in accordance with
the principles in the Charter of the United Nations, repeated in the preamble to the
Universal Declaration, that “recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and peace in the
world”. The preamble to the Convention also recalls that, in the Universal Declaration, the
United Nations “has proclaimed that childhood is entitled to special care and assistance”.