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27.
The preamble to the Convention upholds the family as “the fundamental group of society
and the natural environment for the growth and well-being of all its members and particularly
children”. The Convention requires States to respect and support families. There is no conflict
whatsoever with States’ obligation to ensure that the human dignity and physical integrity of
children within the family receive full protection alongside other family members.
28.
Article 5 requires States to respect the responsibilities, rights and duties of parents “to
provide, in a manner consistent with the evolving capacities of the child, appropriate direction
and guidance in the exercise by the child of the rights recognized in the present Convention”.
Here again, interpretation of “appropriate” direction and guidance must be consistent with the
whole Convention and leaves no room for justification of violent or other cruel or degrading
forms of discipline.
29.
Some raise faith-based justifications for corporal punishment, suggesting that certain
interpretations of religious texts not only justify its use, but provide a duty to use it. Freedom of
religious belief is upheld for everyone in the International Covenant on Civil and Political Rights
(art. 18), but practice of a religion or belief must be consistent with respect for others’ human
dignity and physical integrity. Freedom to practise one’s religion or belief may be legitimately
limited in order to protect the fundamental rights and freedoms of others. In certain States, the
Committee has found that children, in some cases from a very young age, in other cases from the
time that they are judged to have reached puberty, may be sentenced to punishments of extreme
violence, including stoning and amputation, prescribed under certain interpretations of religious
law. Such punishments plainly violate the Convention and other international human rights
standards, as has been highlighted also by the Human Rights Committee and the Committee
against Torture, and must be prohibited.
V. MEASURES AND MECHANISMS REQUIRED TO ELIMINATE
CORPORAL PUNISHMENT AND OTHER CRUEL OR
DEGRADING FORMS OF PUNISHMENT
1. Legislative measures
30.
The wording of article 19 of the Convention builds upon article 4 and makes clear that
legislative as well as other measures are required to fulfil States’ obligations to protect children
from all forms of violence. The Committee has welcomed the fact that, in many States, the
Convention or its principles have been incorporated into domestic law. All States have criminal
laws to protect citizens from assault. Many have constitutions and/or legislation reflecting
international human rights standards and article 37 of the Convention on the Rights of the Child,
which uphold “everyone’s” right to protection from torture and cruel, inhuman or degrading
treatment or punishment. Many also have specific child protection laws that make
“ill-treatment” or “abuse” or “cruelty” an offence. But the Committee has learned from its
examination of States’ reports that such legislative provisions do not generally guarantee the
child protection from all corporal punishment and other cruel or degrading forms of punishment,
in the family and in other settings.
31.
In its examination of reports, the Committee has noted that in many States there are
explicit legal provisions in criminal and/or civil (family) codes that provide parents and other
carers with a defence or justification for using some degree of violence in “disciplining”