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Summary: Briefing submitted to the 4th session of the UN Human Rights Council, March 2007.
VIOLENCE IN its myriad forms is universally condemned under international human rights law. But corporal punishment is a form of violence that persists in the everyday lives of children worldwide. Children continue to experience violence in the home, schools, and care and juvenile justice systems, inflicted in the name of “discipline” or “correction” and condoned, authorised and regulated in domestic laws. Corporal punishment of children breaches their fundamental rights to respect for their human dignity and physical integrity. Its legality breaches their right to equal protection under the law. These rights are upheld for everyone – including children – in the universal Declaration of Human Rights and the International Covenant on Civil The Convention on the Rights of the Child (CRC) requires states to protect children from Other human rights treaty monitoring bodies have condemned corporal punishment and made recommendations to states parties to prohibit it. And regional human rights instruments also demand that children be protected from all forms of violence. The Human Rights Council In their pledges and commitments, members emphasised the importance they place on human rights standards and pledged to uphold and promote them. But the persisting legality of corporal punishment of children, in clear breach of human rights standards, contrasts sharply with many of the statements made for the elections. No state has a perfect human rights record, but members of the Human Rights Council have a special and prominent responsibility to address human rights violations. Improving children’s protection from violence by prohibiting corporal punishment in Global progress towards prohibition The pace of legal reform is rapidly gaining momentum. Sweden became the first state to By 1996, six states had adopted prohibition – by 2001 this had risen to 12, and by 2007 there were 18. Another 23 states have legislation in preparation or have committed themselves to legal reform towards full prohibition, including in the home. 27 have made partial progress in the last three years by introducing or committing to introduce prohibition in settings other than the home. As at March 2007, corporal punishment is prohibited in all settings, including the home, But at least 92 states have yet to introduce legislation explicitly prohibiting corporal More information:
and Political Rights.
“all forms of physical or mental violence” while in the care of parents or others (article 19). It requires discipline in schools to be “administered in a manner consistent with the child’s human dignity” (article 28). Children everywhere must never be subjected to “torture or other cruel, inhuman or degrading treatment or punishment” (article 37).
The Committee on the Rights of the Child consistently interprets the Convention as requiring prohibition in law of all corporal punishment in the family, schools, all forms of alternative care and juvenile justice settings, together with awareness-raising and public education. In 2006, the Committee adopted General Comment No. 8 on the rights of the child to protection from corporal punishment and other cruel or degrading forms of punishment.
The Human Rights Council is the body created by UN member states to strengthen the promotion and protection of human rights around the world. This includes the right of children to protection from corporal punishment through prohibition and other measures.
As part of the election process for membership of the Council, candidates gave voluntary commitments to promote and uphold human rights. The 47 successful candidates – from
states in all continents – are expected to meet these commitments or else face possible
suspension from the Council.
legislation and ensuring effective implementation should be a key factor in members’ demonstration of their commitment to the promotion and protection of human rights and fundamental freedoms for all.
prohibit explicitly all corporal punishment and other humiliating treatment of children in 1979.
in 18 states. It is prohibited in all schools in 102 states; in penal systems (both as a
sentence and as a disciplinary measure in institutions for juvenile detention) in 104
states; and in all alternative care settings in 28 states. A further 55 states have prohibition in place in parts of their penal systems and 28 in some alternative care settings.
punishment in schools, and at least 80 have yet to prohibit it as a disciplinary measure in
institutions for juvenile detention. At the most extreme, at least 40 states have not prohibited corporal punishment of children as a sentence for crime.