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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
UN Human Rights Committee
CCPR/C/BGR/CO/3
Last reported: 13 and 14 July 2011 Concluding Observations issued: 19 August 2011
Issues raised and recommendations given:
Roma community: While taking note of the Framework Programme for Integration of Roma in Bulgarian Society (2010-2020), the Committee is concerned at the on-going widespread discrimination suffered by the Roma population, especially in terms of access to education, justice, employment, housing and commercial establishments. The Committee is also concerned at the low number of related cases investigated, tried and sanctioned. The State party should pursue its efforts to eradicate stereotypes and widespread discrimination against Roma by, inter alia, increasing awareness-raising campaigns that promote tolerance and respect for diversity. The State party should adopt measures to promote equal access to opportunities and services in all fields and at all levels through appropriate actions in order to address existing inequalities. Finally, the State party should ensure that discrimination cases are systematically investigated, that those responsible are brought to justice and punished, and that adequate compensation is provided to the victims. (arts. 2, 25, 26 and 27) (Para. 7)
Institutionalized persons: The Committee is concerned at information about violent and discriminatory practices against children and adults with disabilities in medical institutional settings, including deprivation of liberty, the use of restraints and the enforced administration of intrusive and irreversible treatments such as neuroleptic drugs. The Committee is also concerned at the difficulties faced by institutionalized persons to reintegrate into society, and at the absence of psychosocial rehabilitation programmes for them. The State party should implement a policy of zero tolerance with regard to violent and discriminatory practices against children and adults with disabilities in medical settings, and take the necessary measures to guarantee effective and thorough investigation of all allegations of torture and ill-treatment, as well as the adequate prosecution and sanction of the alleged perpetrators. The State party should also set up and implement psychosocial rehabilitation programmes for institutionalized persons. (arts. 2, 6, 7, 9, 10 and 26) (Para. 10)
Corporal punishment: While welcoming the fact that corporal punishment is unlawful in the home, schools, penal system, alternative care settings and situations of employment, the Committee is concerned that children are still victims of such practices and that no information is available on the judicial prosecution of such practices. The State party should take practical measures to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment and should continue with public information campaigns to raise awareness about its harmful effects. (arts. 7 and 24) (Para. 4)
Marriage: The Committee is concerned about the widespread practice of informal marriage arrangements in the Roma community, especially for girls under the age of 14, despite the minimum age for marriage of 18 years. The State party should adopt and implement a country-wide preventive mechanism for girls under the legal age for marriage, through community awareness-raising strategies, focusing on the consequences of early and informal marriage arrangements and the rights and duties of the persons involved. (arts. 7 and 23) (Para. 15)
Childcare Institutions: The Committee notes the adoption of the plan Vision for Children’s De-institutionalization in the Republic of Bulgaria on 24 February 2010, which envisages closing down all childcare institutions over the next 15 years and eliminating the institutionalization of children under the age of 3. Nonetheless, the Committee remains concerned at the number of children who will remain in these institutions for the next 15 years. In addition, the Committee regrets the lack of concrete measures, under the plan, to set up a community-based system of care and the absence of a monitoring procedure to assess the implementation and results of the plan. The State party should urgently take action to close all children’s institutions and establish practical alternatives to institutionalization with sufficient funds to create and maintain a sustainable system of care compatible with the rights of the Covenant. The State party should also establish a monitoring procedure to assess the implementation and results of the plan of action to close all children’s institutions and create new alternatives for childcare. (arts. 24 and 10) (Para. 9)
Juvenile justice: The Committee regrets the State party’s delay in reforming the juvenile justice system (see CRC/C/BGR/CO/2, paras. 6-7). The State party should consider as a matter of priority the adoption and implementation of the reform of the juvenile justice system in compliance with the rights protected under the Covenant. (arts. 14 and 24) (Para. 23)
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CCPR/C/79/Add.24
Last reported:21 / 22 July 1993
Concluding Observations issued: 3 August 1993
No mentions of children's rights
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UN Committee on Economic, Social and Cultural Rights
E/C.12/BGR/CO/4-5
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
Issues raised:
Child Labour: The Committee is concerned that, despite the restriction of child labour by current legislation and the adoption of the National Plan for Combating the Worst Forms of Child Labour, the protection of self-employed children under 18 years is not guaranteed, and socially vulnerable children, especially Roma children, remain engaged in harmful and exploitative labour, particularly in agriculture, industry and domestic service. Furthermore, the Committee is concerned that there is no adequate or recent disaggregated data on child labour (arts. 3 and 10).
The Committee recommends that the State party examine the situation of child labour and street children in order to develop specific strategies to strengthen awareness, prevention and assistance programmes, including through the systematic collection of updated and disaggregated data with a view to addressing the problems of child labour and street children. The Committee also recommends that the State party ensure the effective implementation of International Labour Organization (ILO) standards on minimum age of employment and the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Paragraph 10)
Children with disabilities: The Committee is concerned about the reduced impact of existing plans and strategies on children with disabilities who are in institutions, and about the lack of services to prepare the integration into society of persons who leave institutional care. The Committee is also concerned at the lack of clarity on the legal status and on available alternatives for children without a family who leave institutional care (art. 10).
The Committee recommends that the State party ensure the full implementation of the reform of the residential care system for children, focusing on the integration of children who leave institutional care, including those with disabilities. The Committee recommends that the State party clarify the legal status of children without family who leave institutional care, and provide them with adequate family substitute and family support services, as well as community-based services. In this regard, the Committee recommends that the State party take into account the Guidelines for the Alternative Care of Children, annexed to General Assembly resolution 64/142, and it requests the State party to include in its next periodic report disaggregated data, by sex, year, family status and disability, on progress made in the reintegration of children who leave institutional care. (Paragraph 14)
Children born out of wedlock: The Committee is concerned that couples in de facto unions and the status of children born as a result of those relationships are not regulated and protected by law. The Committee is also concerned that same-sex couples are not legally recognized and by the absence of a legal framework for the protection of the rights of such couples (arts. 2 and 10).
The Committee recommends that the State party undertake a comprehensive review of its legislation to ensure de jure equality between de facto and official unions, to legally recognize same-sex couples, to regulate the financial effects of such relationships, and to guarantee the full protection of the rights of children born out of wedlock. (Paragraph 17)
Teenage pregnancies: The Committee is concerned at the high frequency of teenage pregnancies, often leading teenage girls to drop out of school. The Committee is also concerned at the information received on high rates of infant and maternal mortality, and at the lack of detailed information on the causes of this problem (arts. 10 and 12).
The Committee calls on the State party to intensify its efforts aimed at preventing teenage pregnancy and to provide the necessary support services for pregnant adolescents, including measures to enable them to continue their education. The Committee also urges the State party to ensure that sexual and reproductive health services are effectively accessible to adolescents, and that all pregnant women and girls have access to specialized medical care. Finally, the Committee recommends that the State party thoroughly assess the causes of all cases of maternal and infant mortality in order to develop specific and adapted strategies in that regard. (Paragraph 20)
Education: The Committee notes with concern that, despite the achievements of the State party in the field of education, high dropout rates persist, especially within disadvantaged and marginalized groups of the population. The Committee is also concerned at reports that Roma children and children with disabilities continue to be victims of segregation in the school system (art. 13).
The Committee recommends that the State party strengthen its efforts to address the economic, social and cultural factors identified as root causes of persisting high school dropout rates. The Committee also recommends that the State party conduct campaigns to raise awareness among Roma families on the importance of education, and continue to offer related incentives, and pursue its efforts to combat the segregation in schools of Roma children and children with disabilities. In this regard, the State party should ensure the effective enforcement of the Anti-Discrimination Act and the Public Education Act and it should raise awareness of these laws among teachers and the population at large. The Committee additionally draws the State party’s attention to its general comment No. 13 (1999) on the right to education. (Paragraph 20)
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E/C.12/1/Add.37
Last reported: 16 / 17 November 1999
Concluding Observations issued: 8 December 1999
Issues raised:
Education: The Committee deplores the discrimination against the Roma minority in many aspects of life, including education, work, social benefits and access to land. The Committee is especially concerned about the high rate of unemployment among the Roma minority and the poor quality of education afforded to this group. (Paragraph 11).
The Committee regrets the lack of opportunities for minorities to receive education in their own languages. (Paragraph 19).
The Committee calls upon the State party to continue its efforts to integrate ethnic minorities into society, and to undertake measures to provide the opportunity for such minorities to be educated in their own languages. (Paragraph 27)
Child labour / Street Children: The Committee requests the State party to provide information, in its fourth periodic report, on the phenomena of child labour, street children and domestic violence against women. (Paragraph 31).
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UN Committee on the Elimination of Racial Discrimination
CERD/C/BGR/CO/20-22
Last reported: 11 January 2016
Concluding Observations issued: 31 May 2017
Issues raised:
B. Positive aspects
The Committee welcomes the adoption by the State party of the following legislative, institutional and policy measures: (Para.3)
The amendments to the Asylum and Refugees Act extending the child guardianship system to migrant children, in October 2015.
The amendments to the Law for Foreigners in the Republic of Bulgaria prohibiting the detention of unaccompanied children, in 2013.
The Strategy for the Educational Integration for Children and Students from Ethnic Minorities (2015-2020) and its action plan.
C. Concerns and recommendations
Discrimination against Roma
The Committee is aware of the many institutional and policy measures adopted by the State party that aim at eliminating racial discrimination against Roma. It is, however, concerned about the continued marginalization of Roma in all walks of life, including in public and political life, and the serious challenges they face in accessing basic services, which is attributed to limited funding and a deficient implementation of related initiatives. In particular, the Committee is concerned about the persistence of de facto educational segregation, combined with limited access to mainstream education, especially at the preschool level, and high school dropout rates, including at the primary school level (Para. 19, b).
The Committee recommends that the State party evaluate its national, regional and municipal strategies on Roma and provide detailed information to the Committee in its next periodic report on the results of such initiatives and on the progress made in realizing the rights of Roma. Recalling its general recommendation No. 27 (2000) on discrimination against Roma, the Committee recommends that the State party firmly address the de facto segregation of Roma children in education with a view to complying with article 3 of the Convention. The Committee underlines that conditions of racial segregation are not necessarily created by governmental policies but may arise as an unintended by-product of actions of private persons leading to social isolation. The State party should eliminate any discrimination against Roma pupils in respect of access to an adequate education and should combat stereotypes that lead to social exclusion (para. 20, c)).
The Committee also recommends to intensify efforts to increase preschool attendance among Roma and decrease dropout rates at all school levels (Para. 20, d))
Migrants, refugees and asylum seekers
The Committee is aware of the increased number of migrants, refugees and asylum seekers in the State party. It also appreciates measures taken in collaboration with United Nations and European Union entities to improve the living conditions in reception centres and the functioning of the asylum system. The Committee remains concerned, however, about reports that migrants have been pushed back from the border, with the border police resorting to excessive use of force, and that the authorities have engaged in refoulement, including in respect of individuals with specific needs or vulnerabilities;.
The Committee also expressed concerns over the lack of early identification, assessment and referral mechanisms for asylum seekers in vulnerable situations, such as unaccompanied children, and the frequent absence of individual, qualified legal guardians for unaccompanied children (Para. 21, a) and d)).
The Committee recommends that the State party take a human-rights based approach and integrate a non-discrimination perspective into its migration governance. Recalling its general recommendations No. 22 (1996) on refugees and displaced persons in the context of article 5 of the Convention and No. 30 (2004) on discrimination against non-citizens, the Committee urges the State party to decriminalize irregular border crossing and develop policies and avenues for regularizing the status of migrants, in particular those in a situation of vulnerability.
The Committee also recommends to put in place procedures to permit the rapid and appropriate identification of persons in vulnerable situations, ensure that staff are trained to conduct identification and referral procedures in a sensitive manner, guarantee the availability of individual and qualified legal guardians to all unaccompanied children and, to that end, strengthen the human and financial capacity of municipalities (para. 21, b) and d)).
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CERD/C/BGR/CO/19
Last reported: 17 / 18 February 2009
Concluding Observations issued: 23 March 2009
Issues raised:
Education: The Committee is concerned about the former practice of placing Roma children in special schools reserved for children with disabilities.
It recommends that the State party continue measures to integrate Roma children into mixed schools, in cooperation with civil society organizations. (Paragraph 13)
Education: The Committee has taken note of the measures aimed at promoting the teaching of the mother tongues of the various ethnic communities in Bulgaria.
It recommends that the State party further develop structures and means for the teaching to ethnic communities in Bulgaria of their mother tongues. (Paragraph 14)
Health care and education: The Committee is concerned about the specific obstacles encountered by Roma in respect of access to work, housing, health care and education.
It recommends that the State party continue taking positive measures to improve the living conditions of Roma in respect of access to work, health care, housing and education within the framework of the Plan of Action for Roma Inclusion and the Decade for Roma Inclusion, in accordance with article 5 of the Convention and general recommendation XXVII (2000) on discrimination against Roma (art. 5). (Paragraph 15)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/BGR/CO/4-7
Adopted by the Committee: 9-27 July 2012
Published by the Committee: 7 August 2012
Issues raised:
Ratification:
The Committee further welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international and regional instruments: The International Labour Organization Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention No. 182) (2000); The United Nations Convention against Transnational Organized Crime (2001) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2001); The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2002); The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2002); The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (2007); (para.7).
Trafficking and Sexual Exploitation:
The Committee regrets the absence of information with regard to women and teenagers trafficked for purposes of sexual exploitation (para.27). The Committee recommends that the State party tackle root causes of trafficking and exploitation of women by increasing its efforts to improve the economic situation of women and girls, in particular Roma women, thereby eliminating their vulnerability to exploitation and traffickers (para.28).
Education:
The Committee notes with concern the persistence of gender segregation in education, in particular in vocational education, where women and girls remain predominant in non-technical areas. The Committee further reiterates its concern, expressed in its previous concluding observations (A/53/38/Rev.1, para. 245), at the high dropout rates of Roma girls and women. It also notes with concern the very low number of Roma women in higher education. The Committee regrets the lack of information on the outcomes of the measures taken to deal with this phenomenon (para.31).
The Committee urges the State party: To develop measures aimed at diversifying women’s educational and professional choices, including counselling programmes;To take measures to tackle the root causes of and to decrease the dropout rates among Roma girls and to reintegrate them into the educational system by fully implementing the strategy for educational integration of children and students from ethnic minorities and the National Roma Integration Strategy (2012-2020) (para.32).
Health:
The Committee remains concerned about the increased number of early pregnancies and the high rate of abortion, in particular among teenagers and women aged under 20 years, which indicates that abortion continues to be used as a method of birth control (para.35).
Committee calls upon the State party to step up its efforts to systematically promote education on sexual and reproductive health rights and to target adolescent girls and boys, including in vocational training schools, paying special attention to the prevention of early pregnancy, and to provide adequate family planning services and affordable contraceptives (para.36).
Harmful practices:
The Committee is concerned that the practice of arranged and early marriage remains prevalent within Roma communities, that there is insufficient information thereon and that the National Roma Integration Strategy (2012-2020) does not provide for specific measures or actions to combat this harmful practice (para.49).
The Committee recommends that the State party strengthen its efforts to gather data on the scope of early marriage, to raise awareness among Roma communities about the prohibition of child marriage and about the harmful effects of child marriage on girls’ health and completion of education, and to effectively investigate, prosecute and punish cases of forced and early marriage (para.50).
A/53/38,paras.208-261
Last reported:28 January 1998
Concluding Observations issued on 14 May 1998
Issues raised:
Education: Although the delegation describes some measures that have been taken to improve the situation of Roma children, the Committee is concerned about the very high rate of non-participation of those children in schools. The need to provide incentives for children to stay in school and to educate their parents as to the importance of continued schooling is emphasized. (Paragraph 245).
Abortion: The reports describe an extremely high rate of induced abortion among women, in particular young women, in Bulgaria. The Committee expresses alarm that abortion appears to be used as a method of family planning. Although the delegation provides some additional information in its oral presentation, the Committee remains concerned about the measures taken to ensure that women have proper access to contraceptives. The Committee is also confused about the causes of the rising rate of out-of-wedlock births and requests further information on that point. The Committee is also concerned that the Government does not have data disaggregated by sex, on drug dependency and venereal disease, including HIV/AIDS. (Paragraph 246).
Stereotyping: The Committee requests the Government of Bulgaria to address in its next report all the questions raised by members of the pre-session working group, as well as all the questions raised by members of the Committee during the oral presentation which have not been answered. In addition, the Committee requests that particular attention should be paid to and detailed descriptions provided of measures to change the prevailing attitudes and policies with regard to women's role in the home, to remove stereotypes from school books and from other facets of the education system, so as to overcome the legal, economic and social problems of female heads of households with children, to combat all forms of discrimination against women in employment and to improve women's access to free legal aid and the standard of living of rural women. (Paragraph 249).
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UN Committee against Torture
CAT/C/BGR/CO/4-5
Last reported: 9 / 10 November 2011
Concluding Observations: 14 December 2011
Issues raised:
Institutionalised children: The Committee is concerned:
(b) By the current and future situation of institutionalized children with mental disabilities, while noting the envisaged transition from institutional to community-based care similar to a family environment and the closure of all childcare institutions within 15 years; that 238 children with mental disabilities died in the period 2000–2010, three quarters from preventable deaths, without a single indictment being made to date in 166 criminal investigations and that two children died recently in similar circumstances in Medven; that an inspection covering the year 2010 regarding involuntary confinement and treatment under the Health Act and coercive confinement for treatment under the Penal Code found no violation in the application of the legislation; that the necessary upkeep and renovations of existing facilities while the planned deinstitutionalization is being put in place will not be carried out on the assumption that they are being phased out (arts. 2, 11, 12, 13, 14 and 16).
The Committee recommends that the State party:
(a) Review legislation and policy of depriving persons with mental disabilities of their legal capacity, provide legal and procedural safeguards for their rights and ensure that they have prompt access to effective judicial review of decisions, as well as effective remedy against violations;
(b) Evaluate cases on an individual basis and ensure respect for the right to mental and physical integrity of institutionalized persons and in particular during the use of restraint and enforced administration of intrusive and irreversible treatments such as neuroleptic drugs; ensure that their decisions and preferences are taken into account;
(c) Take effective measures to regulate the system of guardianship in order to avoid conflict of interest and situations that amount to forced treatment and de facto detention;
(d) Establish close monitoring of placements by judicial organs and by independent inspection mechanisms to ensure the implementation of safeguards and international standards, including the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care;
(e) Provide sufficient numbers of competent professional staff and carry out the necessary material renovations on facilities, which should be located in large cities that have hospitals and medical centres;
(f) Ensure adequate investigation, prosecution, conviction and sanction of those responsible for the deaths of institutionalized children with mental disabilities;
(g) Amend and strengthen legislation to enhance accountability and prevent recurrence and impunity and regulate authorized treatment in institutions, in particular of persons with mental disabilities. Attention should be paid to the individual needs of each child and the proper treatment prescribed, in conformity with the provisions of the Convention;
(h) Ensure frequent and professional oversight and monitoring by independent mechanisms, including the national human rights institution and civil society organizations of all institutions and of the implementation of the deinstitutionalization, including the acceleration of the deinstitutionalizations in as short a period of time as possible, in order to maintain a sustainable system of care. (Paragraph 19)
Domestic violence: The Committee is concerned at the narrow interpretation of the concept of domestic violence and that the phenomenon is not included as a specific offence in the Penal Code. It is also concerned that allegations of domestic violence must be initiated by the victim in cases of light or average bodily harm and that few cases of domestic violence are brought to justice and sanctioned, in particular regarding women and girls; that cases are generally limited to those where the perpetrator violates the protection orders that are usually issued for the duration of one month; and that there are no effective mechanisms for protection against domestic violence, including marital rape (arts. 2, 12, 13, 14 and 16).
The State party should amend its legislation to include domestic violence as a specific crime in the Penal Code which entails ex officio prosecution. The State party should strengthen its efforts to prevent domestic violence, especially against women and girls, and should encourage victims to report cases to the authorities. All cases of domestic violence should result inappropriate investigation, prosecution and sanction. Protection orders should be of much longer duration. The State party should introduce mechanisms for monitoring of and effective protection from domestic violence, including an effective complaints mechanism. (Paragraph 25)
Early marriage: The Committee is concerned by the practice of informal early and forced marriage of Roma girls as young as 11 (arts. 2 and 16).
The State party should enforce the legislation concerning minimum marriage age, clearly indicate that child marriages have no legal effect and constitute a harmful practice, in the light of the concluding observations of the Committee on the Rights of the Child and with general recommendation No. 24 (1999) on article 12 of the Committee on the Elimination of Discrimination against Women. Community awareness-raising campaigns should be carried out regarding the prohibition of these marriages, their harmful consequences and the rights of children. The Committee also urges the State party to enforce the requirement to register all marriages, in order to monitor their legality, as well as to strictly enforce the prohibition of early marriages and to investigate such cases and to prosecute the perpetrators. (Paragraph 26)
Trafficking in persons: While taking note of the National Programme on Prevention and Counteracting Human Trafficking and Protection of Victims and amendments to the Penal Code, section IX on "Trafficking in human beings", the Committee is concerned that poverty and social exclusion result in vulnerability of women and children, and in particular Roma women and girls, including those who are pregnant, to human trafficking (arts. 2, 3, 14 and 16).
The Committee recommends that the State party strengthen its efforts to combat trafficking in persons, especially in women and children, in particular to:
(a) Prevent and promptly, thoroughly and impartially investigate, prosecute and punish trafficking in persons and related practices;
(b) Improve the identification of victims of trafficking and provide means of effective redress, including compensation and rehabilitation, to victims of trafficking, including assistance to victims to report incidents of trafficking to the police, in particular by providing legal, medical and psychological aid and rehabilitation, inter alia, through genuine access to health care and counselling and adequate shelters, in accordance with article 14 of the Convention;
(c) Prevent the return of trafficked persons to their countries of origin, where there is a substantial ground to believe that they would be in danger of torture, to ensure compliance with article 3 of the Convention;
(d) Provide regular training to the police, prosecutors and judges on effective prevention, investigation, prosecution and punishment of acts of trafficking, including on the guarantees of the right to be represented by an attorney of one's own choice, and inform the general public on the criminal nature of such acts; and
(e) Compile data disaggregated, as appropriate, by nationality, country of origin, ethnicity, gender, age, and employment, as well as on the provision of redress. (Paragraph 27)
Redress: The Committee takes note of the information provided in the State party's report on the right to redress, including financial compensation, for persons whose rights have been violated. However, the Committee regrets that not more information was provided on the actual implementation of redress to persons subjected to torture or ill-treatment, among others, to persons who have been interned in centres and homes for persons with mental disabilities, including a high number of children (art. 14).
The State party should ensure that the efforts in respect of redress, including compensation and rehabilitation, are strengthened in order to provide victims, including those who have suffered torture and ill-treatment in such centres, with redress and fair and adequate compensation, including means for as full rehabilitation as possible. (Paragraph 29)
Corporal punishment: While taking note that corporal punishment is explicitly forbidden in law, the Committee is concerned by persistent lack of implementation and notes that the Committee on the Rights of the Child has found that children are still victims of corporal punishment in the home, schools, the penal system, alternative care settings and situations of employment. The Committee is concerned that a 2009 survey shows that 34.8 per cent of public opinion is in favour of corporal punishment in childrearing in some circumstances and that 10.9 per cent felt it was acceptable if the parent believed that it would be effective. It is concerned in particular that the use of corporal punishment is substantially higher in institutions for children with disabilities and that a number of cases of physical abuse were documented in the children's personal files (art. 16).
The Committee recommends that the State party carry out professional and public awareness-raising in order to promote non-violent, positive and participatory methods of childrearing and education; and that the State party take a comprehensive approach to ensuring that the law prohibiting corporal punishment is widely enforced and known, including among children with regard to their right to protection from all forms of corporal punishment. There should be an absolute prohibition of corporal punishment in institutional settings, including for children with disabilities. The State party should provide effective and appropriate responses to corporal punishment, including investigations, prosecution and sanctioning of perpetrators. (Paragraph 30)
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance