A/66/44
Corporal punishment and child abuse
(17) While taking note of the information supplied by the State party, according to which
section 13 of the Child Protection Act makes it an offence to expose any child to harm, the
Committee is concerned that corporal punishment is not fully prohibited in the legislation
of the State party, including in penal institutions and in alternative care settings. The
Committee is also concerned at information provided by the State party that some cases of
“molestation”, including sexual abuses, are reported every year to the appropriate
authorities. These cases are referred to the police, who take disciplinary measures against
the culprits, but no information is provided about the penal consequences of such abuses
(art. 16).
The State party should adopt legislation to prohibit corporal punishment, in
particular in social institutions and in alternative care settings. To that end, the State
party should incorporate this issue in its Children’s Bill under preparation. The State
party should also pursue awareness campaigns on the negative effects of corporal
punishment. Finally, it should strengthen its efforts to combat child abuse, including
by investigating, prosecuting and punishing those responsible. The State party should
provide the Committee with statistical data regarding cases of child abuse, the
investigations, prosecutions, sentences imposed and redress or rehabilitation offered
to victims.
Adoption of draft human rights bills
(18) While noting the explanation provided by the delegation of the State party on the
difficulties faced in finalizing and adopting draft bills, the Committee is concerned that a
number of draft human rights bills aiming at preventing torture, such the draft Independent
Police Complaints Commission Bill, the Victims Right Act and the Victims Charter, the
new Police Act and a Police Procedures and Criminal Evidence Act, have been under
preparation or consideration before the Parliament for long periods of time, in some cases
for many years, not to be adopted (arts. 2 and 4).
The State party should take the necessary steps to speed up the process of adoption of
draft bills on human rights, especially those aiming at preventing torture and other
cruel, inhuman and degrading treatment, and implement them as soon as adopted.
National Preventive Mechanism
(19) While noting that the National Human Rights Commission has been entrusted to act
as the National Preventive Mechanism to implement the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Committee is concerned at the fact the draft National Preventive
Mechanism Bill is still in the process of finalization and that the National Preventive
Mechanism has not yet been established despite the ratification of the Optional Protocol by
the State party in 2005 (art. 2).
The Committee recommends that the State party:
(a)
Finalize the draft National Preventive Mechanism Bill, and adopt and
establish the mechanism, as soon as possible. The National Preventive Mechanism
should be provided with necessary human and financial resources, in compliance with
the requirements of the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment as well as with the
principles relating to status of national human rights institutions for promotion and
protection of human rights (the Paris Principles) (General Assembly resolution
48/134, annex).
(b)
112
Make public the report of the Sub-Committee following its visit in 2007.
GE.11-45568
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents