CRC/C/GC/8
page 3
I. OBJECTIVES
1.
Following its two days of general discussion 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 this 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 practised forms of violence against children.
2.
The Convention on the Rights of the Child and other international human rights
instruments recognize the right of the child to respect for the child’s human dignity and physical
integrity and equal protection under the law. The Committee is issuing this general comment to
highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal
punishment and all other cruel or degrading forms of punishment of children and to outline the
legislative and other awareness-raising and educational measures that States must take.
3.
Addressing the widespread acceptance or tolerance of corporal punishment of
children and eliminating it, in the family, schools and other settings, is not only an obligation of
States parties under the Convention. It is also a key strategy for reducing and preventing all
forms of violence in societies.
II. BACKGROUND
4.
The Committee has, from its earliest sessions, paid special attention to asserting
children’s right to protection from all forms of violence. In its examination of States parties’
reports, and most recently in the context of the United Nations Secretary-General’s study on
violence against children, it has noted with great concern the widespread legality and persisting
social approval of corporal punishment and other cruel or degrading punishment of children.1
Already in 1993, the Committee noted in the report of its fourth session that it “recognized the
importance of the question of corporal punishment in improving the system of promotion and
protection of the rights of the child and decided to continue to devote attention to it in the
process of examining States parties’ reports”.2
5.
Since it began examining States parties’ reports the Committee has recommended
prohibition of all corporal punishment, in the family and other settings, to more than 130 States
in all continents.3 The Committee is encouraged that a growing number of States are taking
appropriate legislative and other measures to assert children’s right to respect for their human
dignity and physical integrity and to equal protection under the law. The Committee understands
that by 2006, more than 100 States had prohibited corporal punishment in their schools and penal
systems for children. A growing number have completed prohibition in the home and family and
all forms of alternative care.4
6.
In September 2000, the Committee held the first of two days of general discussion on
violence against children. It focused on “State violence against children” and afterwards adopted
detailed recommendations, including for the prohibition of all corporal punishment and the