Table 5: Corporal punishment and other forms of violence
No.
Type of violence
1
Ill treatment
2
Nutritional taboos
3
Abuse/step mother
4
Driven out from home
5
Death threat
6
Stabbing threat
7
Boy preference
8
Rejection by the father
9
Attempted Rape
10
Forced labour
11
Rape by family member
12
Victim of tribalism
Source: DGAS situations of abuse recorded in CAS Brazzaville.
Number
306
62
45
26
5
2
4
3
12
16
4
8
There is still a (cultural) environment quite deeply rooted in favour of the use of violence in
punishing any act of indiscipline, at a high level (86.0% of children involved) and this
concerns all backgrounds, education levels and income. This fundamental violence is more
pronounced in rural areas (89.9% against 83.8% in urban areas). It is confirmed for the
departments of Kouilou, Likouala and Cuvette (respectively 94.1% , 93.1% and 92.8%), it is
even extended to other departments such as the Pool, Plateaux and Cuvette-Ouest (all around
and above 90.0%). The age group of 5-11 years experience more violence (87.2%) than that
of 12-14 years (79.9%). The education level of the mother impacts downward the level of
violence (88.9% to 79, 7%), but to a lesser extent than in the well - being levels. Between the
poorest and richest the difference is almost 10 points. Overall the level of violence is still too
high: 4 out of 5 children suffer the adverse consequences. Outreach social services should
incorporate an IEC component on violence against the child in their annual programmes of
activities.
Until the enactment of Law No. 4-2010 of 14 June 2010 on the protection of the child, the
prohibition of corporal punishment was effective only in schools, especially at primary level.
Within families, no legal or regulatory provision regulated and prohibited the administration
of corporal punishment of children, but it was instead considered as a conventional method of
correcting the social deviance of the child.
Corporal punishment could, in case of injury for instance, constitute evidence of the flagrant
violation of human rights on the basis of the Convention against Torture and Other Cruel,
Inhuman or degrading that Congo had ratified on August 29, 2003.
It may therefore be noted that a breakthrough has been achieved with the adoption of the
aforementioned law, in that the legislature inserted in the Congolese legal corpus, a provision
expressly sanctioning the administration of any form of corporal punishment. Indeed, Article
53 of the Act states "It is forbidden to use corporal punishment to discipline or correct the
child."
If the prohibition of corporal punishment is now provided by law, it is necessary to examine
its effectiveness in the absence of punishment even a civil one, and it is still necessary that
the law be widely popularized for the attention of parents, guardians and professionals
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