تنبيه بدنى كودكان - حسينى خواه، سيدجواد - الصفحة ٣٠٤ - ث) تفسير عمومى شمارهى ٨ كميتهى حقوق كودك

form of violence against children, whether at school, in other institutions, in their home or elsewhere.

[١]

. An Advisory Opinion of the Inter- American Court of Human Rights, on the Legal Status and Human Rights of the Child( )holds that the States parties to the American Convention on Human Rights

are under the obligation

...

to adopt all positive measures required to ensure protection of children against mistreatment, whether in their relations with public authorities, or in relations among individuals or with non- governmental entities. The Court quotes provisions of the Convention on the Rights of the Child, conclusions of the Committee on the Rights of the Child and also judgements of the European Court of Human Rights relating to States obligations to protect children from violence, including within the family. The Court concludes that the State has the duty to adopt positive measures to fully ensure effective exercise of the rights of the child

. [٢]

. The African Commission on Human and Peoples Rights monitors implementation of the African Charter on Human and Peoples Rights. In a decision on an individual communication concerning a sentence of

lashes

imposed on students, the Commission found that the punishment violated article of the African Charter, which prohibits cruel, inhuman or degrading punishment. It requested the relevant Government to amend the law, abolishing the penalty of lashes, and to take appropriate measures to

[١].

European Committee of Social Rights, general observations regarding article, paragraph, and article. Conclusions XV-, Vol., General Introduction, p.,; the Committee has since issued conclusions, finding a number of Member States not in compliance because oftheir failure to prohibit all corporal punishment in the family and in other settings. In it issued decisions on collective complaints made under the charters, finding three States not in compliance because of their failure to prohibit. For details, see:

http:// www. coe. int/ T/ E/ Human Rights/ Esc/; also Eliminating corporal punishment: a human rights imperative for Europes children, Council of Europe Publishing,.

[٢].

Inter- American Court of Human Rights, Advisory Opinion OC-/ of August, paras. and.