The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 40
Paragraph
Paragraph text
The principle of equal protection of children and adults from assault, including within the family, does not mean that all cases of corporal punishment of children by their parents that come to light should lead to prosecution of parents. The de minimis principle - that the law does not concern itself with trivial matters - ensures that minor assaults between adults only come to court in very exceptional circumstances; the same will be true of minor assaults on children. States need to develop effective reporting and referral mechanisms. While all reports of violence against children should be appropriately investigated and their protection from significant harm assured, the aim should be to stop parents from using violent or other cruel or degrading punishments through supportive and educational, not punitive, interventions.
Legal status
Non-negotiated soft law
Body
Committee on the Rights of the Child
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Governance & Rule of Law
Violence
Person(s) affected
Children
Families
Year
2006
Paragraph type
Other
Reference
CRC General Comment No. 8, The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment (2006), para. 40.