b. There is no explicit prohibition of corporal punishment in alternative
care settings and day care.
c. Even though Corporal punishment is prohibited in schools for
children aged 6-14 in Decree No. 79-11.65 1979, there is no explicit
prohibition in other schools and the authority to “correct” a child
under article 285 of the Family Code 1989 potentially applies. The
Committee also notes that corporal punishment is used in schools,
even in schools for children aged 6-14, and other institutional
settings, particularly the practice is common in Koranic schools, and
is regarded by the marabouts as having an important religious
dimension.
d. Though corporal punishment is regarded unlawful as a corrective
measure in justice institutions, but there is no explicit prohibition to
that effect.
e. There is a lack of adequate protection and assistance mechanisms
that benefit child victims of corporal punishment and violence.
f. There is a lack of effective and sustained awareness-raising
programmes that aims to combat corporal punishment and other
forms of violence against children.
47. The Committee recommends that the Government of Senegal expedite the
process of adopting the Children’s Act and to ensure that it explicitly bans
corporal punishment in all setting including in the home, schools, including
daaras, alternative care settings and penal institutions and punish
perpetrators, while providing legal protection and psychological help to child
victims.
48. The Committee also recommends s the Government of Senegal to promote
positive disciplining, as an alternative to corporal punishment, to sensitize
and educate parents and guardians, and to train and educate relevant
stakeholders who are working for and with children such as teachers,
including the marabouts, care givers, personnel of justice institutions and
social workers. Further, the Committee calls up on the state party to repeal
all domestic laws that authorize corporal punishment, including article 285 of
the Family Code which entitle parents to use physical violence against
children to ‘a degree compatible with the child’s age and the correction of
his/her behavior’ and to harmonise them with Article 2 of the African
Children’s Charter.
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