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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