Protection against abuse and torture
25. The Committee notes with regret that the State Party promotes corporal punishment
in the family as a way of domestic disciplining. However, the Committee has a strong
stand that corporal punishment should be banned in all settings taking its negative
impact on the physical, mental and psychological wellbeing of the child into
consideration; and that State Parties should introduce positive disciplining
mechanisms at home. Therefore, the Committee recommends that the State Party
legally proscribes corporal punishment and promote positive disciplining without
physically or verbally harming the child.
26. Despite the measures taken by the Government to protect children from abuse and
torture, the Committee notes that many children are victims of sexual violence and
corporal punishments. The Committee reprehends these violations and regrets that
many of the sexual abuses are perpetrated by family members. Consequently, the
Committee urges the State Party to investigate and prosecute perpetrators of sexual
violence and ensures no impunity, and encourages the society to report such cases
and stop stigmatization against those who report sexual abuse by family members.
In addition, the Committee recommends that the State Party banns corporal
punishment in all settings including home and schools.
E. Family environment and alternative care
Protection of the family, Parental guidance and parental responsibilities
27. The Committee notes that the State Party does not have a comprehensive family
law or family policy. In order to advance the protection of the family and regulate the
family unit properly, the Committee calls upon the State Party to enact a family code
to protect the rights and welfare of the family.
28. The Committee commends the provisions of Act No. 2007-023 of 20 August
whereby the State Party provides support to the family in the event that parents are
incapable of discharging their responsibility. Despite this legal requirement, there are
indications that there is no specific government organ responsible to implement this
legal provision which in effect results in the non-implementation of the law. Thus, the
Committee encourages the State Party to devise a structure in which the State Party
can deliver assistance to the family as provided in the legislation. In addition to this,
the Committee learns that majority of the population lives under poverty line which
also affects the family and children. The Committee therefore recommends that the
State Party provides agricultural support in addition to financial support since the
main livelihood of the country is agriculture. An agricultural support could include
providing fertilizers and other agricultural goods; introducing commercial agriculture;
and providing adequate services to agriculture.
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