This reference in the CRC is complemented by the Rules for the Protection of Juveniles,
which make it clear that, for the purposes of the Rules at least, corporal punishment constitutes
cruel, inhuman or degrading treatment.139
It is generally accepted that Article 19 of the CRC gives rise to a general prohibition on
corporal punishment against children.
Other references to corporal punishment as torture or other ill-treatment include:
•
In its resolution 2002/38, the Commission on Human Rights reminded governments that
“corporal punishment, including of children, can amount to cruel, inhuman or degrading
punishment or even to torture” [emphasis added].
•
The Special Rapporteur on Torture has stated in successive annual reports that corporal
punishment is inconsistent with the prohibition on torture and other ill-treatment.140
•
In its General Comment 20, the HRC expressed the view that:
the prohibition [on cruel, inhuman or degrading punishment] must extend to corporal punishment,
including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary
measure. It is appropriate to emphasize in this regard that Article 7 protects, in particular, children,
pupils and patients in teaching and medical institutions.
Various international human rights bodies have considered whether corporal punishment
amounts to torture or other ill-treatment, with the following relevant points emerging:
•
The prohibition on corporal punishment exists irrespective of the nature of the crime that is
to be punished.141
•
In Tyrer v the United Kingdom the ECHR noted that the very nature of judicial corporal
punishment is one human being inflicting physical violence on another human being, with
139
Rules for the Protection of Juveniles, Rule 67.
See for example Interim report by Special Rapporteur on the question of torture and other cruel, inhuman or
degrading treatment or punishment to the UN General Assembly, A/57/173, 2 July 2002 at [48].
141
Pryce v Jamaica, Communication No. 793/1998: Jamaica. 13/05/2004. CCPR/C/80/D/793/1998 at [6.2].
140
95