A/HRC/16/54
(c)
Tunisia. In July 2010, the Parliament passed Law No. 2010-40, amending
article 319 of the Penal Code and prohibiting the use of all forms of corporal punishment in
child-rearing.
16.
Around the globe, law reform for children’s protection from violence is gaining
momentum. When the United Nations study was finalized, only 16 countries had legislation
prohibiting violence in all settings, including corporal punishment in the home. Currently,
29 countries have introduced such a comprehensive legal ban. In all regions, legislative
reform initiatives are under way to achieve full prohibition, and in several other countries,
new legislation is under review to prohibit violence in specific settings. In some cases, a
monitoring system has been developed to advance implementation. In countries where
harmful practices persist behind deeply entrenched traditions,5 the legislative process has
provided opportunities to involve community and religious leaders, parliamentarians,
professional associations, academic institutions and grass-roots organizations, and to
engage communities concerned to promote change from within and consolidate prevention
efforts.
17.
Recent regional commitments have underscored the importance of law enactment
and enforcement in safeguarding children’s rights to freedom from violence. For instance,
this area has been identified as a high priority by the South Asian Initiative to End Violence
against Children, the Council of Europe and in the Cairo Declaration adopted by OIC
Member States (see paragraphs 8–11 above).
18.
Similarly, the Beijing Declaration on South-South Cooperation for Child Rights,
adopted in November 2010 by Governments in the Asia-Pacific region, emphasized the
need to address child protection concerns based on laws that focus on safeguarding children
from potential harm and banning all forms of violence against children. At the Fourth Highlevel Arab Conference on the Rights of the Child, held in Marrakesh in December 2010, the
determination to enforce legislation and promulgate laws to protect children from all forms
of violence, exploitation, neglect and ill-treatment was voiced.
19.
As noted in previous reports, this dimension has been emphasized equally by the
Pan American Child Congress, the Ibero-American Conference of Ministers and
Authorities Responsible for Children, and the African Committee on the Rights and
Welfare of the Child. It was given centre stage in the work of other strategic partners too,
including parliamentarians and religious leaders (see box below), as well as national
independent human rights institutions.6
Commitment to Eliminate Violence against Children, International Executive
Committee of Religions for Peace, November 2010
“We advocate for the adoption of national strategies and legislation on the ban of
violence against children, accompanied by budget allocations to fund prevention
strategies, and the protection, recovery and reintegration of child victims. We urge
governments to establish appropriate mechanisms for the effective implementation of
these laws. We also seek the assurance that religious communities are enabled to
participate formally in these mechanisms. Our religious communities are ready to serve
as monitors of implementation, making use of national and international bodies to
maintain accountability.”
5
6
6
Such as female genital mutilation, early marriage and accusing children of witchcraft.
See European Network of Ombuds for Children position papers on violence against children at
http://www.crin.org/enoc/papers/index.asp.
GE.11-11445
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