A/57/173 44. The Special Rapporteur welcomes the decision by an increasing number of States to extend a standing invitation to all special procedures of the Commission on Human Rights, 34 a number of which carry out visits to places of detention. These commitments to cooperate more closely with United Nations human rights mechanisms and programmes also show the interest on the part of State authorities to receive advice and recommendations from independent experts to better enhance and protect human rights, in particular with respect to issues relating to the deprivation of liberty. 45. The Special Rapporteur therefore expresses the strong wish that the competent United Nations organs, notably the General Assembly, give the matter of an effective protocol to prevent torture its earnest and immediate attention with a view to the early adoption of this instrument. III. Corporal punishment of children 46. Early this year, the Special Rapporteur joined the Global Initiative to End All Corporal Punishment of Children35 launched in April 2001. According to the information received, corporal punishment in the family home, in State institutions, in schools, in penal institutions for juvenile offenders and in other institutions remains legally as well as culturally widely accepted in a large number of countries. In particular, moderate and reasonable chastisement or correction, which often involve the use of implements such as belts, canes or slippers, have been justified for educational purposes. It is reported by nongovernmental organizations that corporal punishment is still available as a sentence for juvenile offenders in some 50 States and as a punishment in schools and other institutions in some 65 States.36 It is also reported that only the nine following States have explicitly prohibited the corporal punishment of children: Austria (1989), Croatia (1999), Cyprus (1994), Denmark (1997), Finland (1983), Germany (2000), Latvia (1998), Norway (1987) and Sweden (1979). 47. Not only is the practice of punishing children with the use of physical force often said to cause serious physical and psychological injury or even death, it is also believed that this practice plays a significant role in the development of violent behaviours and actions, both in childhood and later in adulthood. It is further reported that gender and racial discrimination are important factors in the application of physical violence as a form of punishment. The Special Rapporteur strongly believes that efforts must now be made to promote dialogue between generations and envisage positive, non-violent forms of discipline and punishment that are based on respect for the physical and psychological integrity of the child and his or her inherent dignity. 48. The Special Rapporteur notes that both of his predecessors took the view, which he fully shares, that corporal punishment is inconsistent with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined in the Universal Declaration of Human Rights. 37 Since 1997, the Commission on Human Rights has upheld this opinion by reminding Governments that corporal punishment can amount to cruel, inhuman or degrading punishment or even to torture.38 The Human Rights Committee previously indicated in its general comment No. 20 on article 7 of the International Covenant on Civil and Political Rights (prohibition of torture and other cruel, inhuman or degrading treatment or punishment) that the prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee’s view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.39 49. The Special Rapporteur would like to draw attention to the findings of the Committee on the Rights of the Child, in particular with respect to the child’s right to physical integrity guaranteed by article 19 and article 28, paragraph 2, of the Convention on the Rights of the Child.40 The Committee stressed that corporal punishment of children is incompatible with the Convention and has often proposed the revising of existing legislation, as well as the development of awareness and educational campaigns, to prevent child abuse and the physical punishment of children. 41 The Committee further recommended that States parties review all relevant legislation to ensure that all forms of violence against children, however light, are prohibited, including the use of torture, or cruel, inhuman or degrading treatment (such as flogging, corporal punishment or other violent measures) for punishment or disciplining within the 13

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