A/HRC/8/25
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a careful eye on this issue, noting that it sees no evidence that the law is not working to protect
children, that there should be reasonable scope for parents to discipline, and that as surveys show
that smacking has already declined it sees no current need to amend the law.
26. Japan noted the reference in a report that a NGO suggested that the United Kingdom ratify the
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography, and
asked what concerns United Kingdom had for not doing so. It noted the reported limitations the
United Kingdom places on the applicability of human rights instruments as concerns its armed
forces operating abroad, and asked for clarifications in this regard. It commended the
United Kingdom on ratifying the Optional Protocol to CAT in 2003, and asked for further
background information on the restricted applicability to United Kingdom’s overseas territories. It
also referred to one of the reports which noted that authorities denied access for detainees to
lawyers for up to 48 hours, and asked under how broad discretion this is done and on what grounds
and conditions.
27. Ghana noted the domestic measures highlighted in the State report, including the
Human Rights Act, the duty to inform Parliament about the compatibility of bills with the
Convention rights imposed on Government Ministers when introducing new legislation. It agreed
with the assertion in the State report that development and human rights are interlinked and
mutually reinforcing. In this regard, it encouraged the United Kingdom to continue to support
partnerships with other Governments which strengthen the commitment to and promotion of
human rights. It recommended that the United Kingdom continue to review counter-terrorism
legislation to ensure that human rights are respected.
28. Sudan noted the responses provided, and asked whether the United Kingdom had conducted
investigations on violations of human rights and international humanitarian law by armed forces
overseas, and the outcome of any such completed investigations. It referred to a category of
foreigners resident in the United Kingdom referred to as “non-domiciles”, who are required to
permanently hold newly issued identification documents or else face deportation, and asked how the
United Kingdom considers these measures in light of international standards on the rights of
migrants. Furthermore, it noted physical pressure practiced in prisons in the United Kingdom,
which was considered torture outside the country, and which is difficult to prove as it leaves no
clear physical signs, and asked for further information on this issue.
29. France noted the issue of corporal punishment, and recommended that the United Kingdom
consider going beyond current legislation and ban this also in private sector and in its Overseas
Territories. With regard to reducing poverty among children in half by 2010, France recommended
and encouraged further information on such steps. Furthermore, France recommended that the
United Kingdom reflect upon and consider setting a date for signing the International Convention
on the Protection of All Persons from Enforced Disappearance.
30. The Netherlands welcomed the responses provided to its written questions concerning the
Counter-Terrorism Bill, the consideration of a Bill on Human Rights and Responsibilities and on a
verdict of the European Court of Human Rights concerning the safe and human treatment of
deported persons. It welcomed the United Kingdom’s inclusion of sexual orientation as a prohibited
ground of discrimination in human rights legislation, and its plans to introduce legal protection from
incitement to hatred on this ground. It also commended United Kingdom on its recent decision not
to deport a young gay person to a country which maintains the death penalty for homosexuality, and
hoped the United Kingdom would continue to follow the Yogyakarta Principles in future cases. The
Netherlands recommended that the United Kingdom keep the Human Rights Council informed
about counter-terrorism legislation and the safeguards to protect human rights.
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