A/57/173
child justice system, or in any other context. The
Committee recommends that such legislation
incorporate appropriate sanctions for violations and the
provision of rehabilitation for victims. The Committee
urges the launching of public information campaigns to
raise awareness and sensitize the public about the
severity of human rights violations in this domain and
their harmful impact on children, and to address
cultural acceptance of violence against children
promoting instead zero-tolerance of violence.42
Accordingly, in its guidelines for periodic reports, the
Committee requested States parties to submit
information indicating whether legislation (criminal
and/or family law) includes a prohibition of all forms
of physical and mental violence, including corporal
punishment, deliberate humiliation, injury, abuse,
neglect or exploitation, inter alia, within the family, in
foster and other forms of care, and in public or private
institutions, such as penal institutions and schools. The
reports should also include the educational and other
measures adopted to promote positive and non-violent
forms of discipline, care and treatment of the child.43
50. With respect to corporal punishment as a sentence
for juvenile offenders or as a disciplinary measure in
penal institutions, the Special Rapporteur recalls the
United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (The Beijing Rules),
which state that juveniles shall not be subject to
corporal punishment. 44 Similarly, the United Nations
Rules for the Protection of Juveniles Deprived of their
Liberty state that all disciplinary measures constituting
cruel, inhuman or degrading treatment shall be strictly
prohibited, including corporal punishment, or any other
punishment that may compromise the physical or
mental health of the juvenile concerned.45
51. With respect to corporal punishment in schools,
the Special Rapporteur notes that the United Nations
Guidelines for the Prevention of Juvenile Delinquency
(The Riyadh Guidelines) state that no child or young
person should be subjected to harsh or degrading
correction or punishment measures at home, in schools
or in any other institutions. 46 He welcomes the decision
of the Commission on Human Rights at its last session
to urge all States to take all appropriate legislative,
administrative, social and educational measures to
protect the child from all forms of physical or mental
violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including
sexual abuse in schools, and to incorporate in their
14
legislation appropriate sanctions for violations and the
provision of redress and rehabilitation for victims and
in this context to take measures to eliminate corporal
punishment in schools.47
52. With respect to what is often referred as moderate
chastisement or correction of children in the family
home, attention is drawn to a recent case of the
European Court on Human Rights, A. versus the United
Kingdom. The European Court noted that children and
other vulnerable individuals, in particular, were entitled
to State protection, in the form of effective deterrence,
against such serious breaches of personal integrity and
therefore, concluded that the law did not provide
adequate protection to the applicant against treatment
or punishment contrary to article 3.48 As early as 1982
the European Commission of Human Rights had
already rejected an application by Swedish parents who
alleged that the 1979 ban on parental physical
punishment breached their right to respect for family
life. The Commission concluded that the actual effects
of the law were to encourage a positive review of the
punishment of children by their parents, to discourage
abuse and to prevent excesses which could properly be
described as violence against children.49
53. On the basis of the above-mentioned analysis, the
Special Rapporteur believes that any form of corporal
punishment of children is contrary to the prohibition of
torture and other cruel, inhuman or degrading treatment
or punishment. He therefore calls upon States to take
adequate measures, in particular legal and educational
ones, to ensure that the right to physical and mental
integrity of children is well protected in the public and
in the private spheres. He would also welcome
information from governmental and non-governmental
sources on measures taken to eradicate the practice of
corporal punishment of children.
Notes
1
See in particular “Message by 17 independent experts of
the Commission on Human Rights on the occasion of
Human Rights Day, 10 December 2001
(E/CN.4/2002/137, annex).
2
E/CN.4/2002/18, para. 31.
3
E/CN.4/2002/137, para. 15.
4
CCPR/C/79/Add. 89, para 17.
5
CCPR/CO/73/UK; CCPR/CO/73/UKOT, para. 19.
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