Recommendation (A/HRC/16/52/Add.3) (q) Establish clear guidelines concerning punishments at children‘s homes, places of safety and correctional facilities, and ensure that its use is recorded in the register; Situation during the visit (A/HRC/16/52/Add.3) There was a poor completion of complaint entries in the police registers. Information received in the reporting period Non-governmental sources: Reportedly, even when the police attempts to have officers from the Child Development Agency (CDA) retrieve children who have been detained, the CDA fails to do so. Reportedly, this thereby ―forces‖ the police to keep them housed with adults in contravention of national legislation. In addition, there continue to be inadequate facilities available for children who are in the State‘s care and custody. Too often children who are in conflict with the law and children who are in need of care and protection, are detained in the same facilities. Government: The imposition of corporal punishment as part of a sentence is no longer legal. The Courts prohibit its use as part of a sentence for a commission of a crime. Legislative provisions ban its use in early childhood education facilities and places of safety. The Child Care and Protection Act (CCPA) outlaws the use of corporal punishment within a Children‘s Home, a Place of Safety or by a Fit Person. This is further underscored by the Child Care and Protection (Children‘s Homes) Regulations, 2007 in Paragraph 19 Sections 1 and 2 which states that ―No licensee or member of staff of any children‘s home shall strike, cuff, slap or use any other form of physical violence towards any child who resides, or is, at the home. No child at a children‘s home shall be permitted to administer any form of punishment upon any other child.‖ Should any such act occur it is classified and reported to the Child Development Agency‘s Monitoring Officers as a Critical Incident, and is thereafter investigated and acted upon as is required by law. 143 A/HRC/19/61/Add.3 The CDA continues to stress alternate methods of punishment which do not compromise the safety, well-being and dignity of any child. In an effort to promote the use of alternate methods of punishment, the Agency has developed a protocol ―Child Abuse Prevention & Control within Residential Child Care Facilities (RCCF) Handbook‖ and is making final preparation for its dissemination and staff sensitization.

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