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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