General Comment No. 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment

June 2, 2006

The U.N. Committee on the Rights of the Child ended its 42nd session last Friday and adopted a new General Comment (number 8) on the question of corporal punishment.

The Committee regularly adopts "general comments" based on specific articles, provisions and themes of the Convention on the Rights of the Child to assist the States parties in fulfilling their obligations under the Convention and to stimulate international organisations and specialised agencies in achieving the full realisation of the rights recognised in the Convention.

Members may propose at any time that a general comment relating to a specific article, provision or theme be prepared. The Committee sometimes decide to develop a general comment on an article, provision or theme that has been discussed earlier in one of its General Day of Discussion. The Committee generally shares draft general comments with selected number of experts, including those from the other treaty bodies, for comments.

Following its two General Discussion Days on violence against children, held in 2000 and 2001, the Committee on the Rights of the Child resolved to issue a series of General Comments concerning eliminating violence against children, of which General Comment 8 is the first.

The Committee aims to guide States parties in understanding the provisions of the Convention concerning the protection of children against all forms of violence. This General Comment focuses on corporal punishment and other cruel or degrading forms of punishment, which are currently very widely accepted and practiced forms of violence against children.

français ( when available )

Committee to Repeal Section 43 of the Criminal Code of Canada

The Repeal 43 Committee is a national, voluntary committee of lawyers, pediatricians, social workers and educators formed in 1994 to advocate repeal of section 43 of the Criminal Code of Canada.

It is an offence under our Criminal Code to use force against anyone without their consent. This right to personal security is the most fundamental of all human rights. It is a protection against assault that all adults take for granted.

Children do not have the full benefit of this protection because section 43 of the Criminal Code justifies hitting children for disciplinary or "correction" reasons. This violates a child's right to the equal protection and benefit of the law guaranteed by our Canadian Charter of Rights and Freedoms.

It contravenes the United Nations Convention on the Rights of the Child. It violates a child's dignity and shows a lack of respect. It can lead to serious physical and emotional harm. More ..

Laws on Corporal Punishment of Children from around the World

Other countries don't allow assaults on children

Like Britain, countries such as Sweden, Finland, Norway, and Austria had a defence to assaults on children similar to our s. 43. These defences were removed between 1957 and 1977. The criminal law of these countries therefore gives children the same protection from assault as it gives adults. Beginning with Sweden in 1979, these countries also amended their civil child welfare laws to expressly prohibit corporal punishment so that the public fully understood it was illegal. More ..