تنبيه بدنى كودكان - حسينى خواه، سيدجواد - الصفحة ٣٠٣ - ث) تفسير عمومى شمارهى ٨ كميتهى حقوق كودك
is an immediate and unqualified obligation of States parties. It notes that other treaty bodies, including the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee against Torture have reflected the same view in their concluding observations on States parties reports under the relevant instruments, recommending prohibition and other measures against corporal punishment in schools, penal systems and, in some cases, the family. For example, the Committee on Economic, Social and Cultural Rights, in its general comment No.( )on
The right to education
stated: In the Committees view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with school discipline, including public humiliation.
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. Corporal punishment has also been condemned by regional human rights mechanisms. The European Court of Human Rights, in a series of judgements, has progressively condemned corporal punishment of children, first in the penal system, then in schools, including private schools, and most recently in the home.
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The European Committee of Social Rights, monitoring compliance of member States of the Council of Europe with the European Social Charter and Revised Social Charter, has found that compliance with the Charters requires prohibition in legislation against any
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. Committee on Economic, Social and Cultural Rights, general comment No., The right to education( art. ),, para ..
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Corporal punishment was condemned in a series of decisions of the European Commission onHuman Rights and judgements of the European Court of Human Rights; see in particular Tyrer v. UK,; Campbell and Cosans v. UK,; Costello- Roberts v. UK,; A v. UK,. European Court judgements are available at http:// www. echr. coe. int/ echr.