تنبيه بدنى كودكان - حسينى خواه، سيدجواد - الصفحة ٣١٢ - ث) تفسير عمومى شمارهى ٨ كميتهى حقوق كودك

should only proceed when they are regarded both as necessary to protect the child from significant harm and as being in the best interests of the affected child. The affected childs views should be given due weight, according to his or her age and maturity.

. Advice and training for all those involved in child protection systems, including the police, prosecuting authorities and the courts, should underline this approach to enforcement of the law. Guidance should also emphasize that article of the Convention requires that any separation of the child from his or her parents must be deemed necessary in the best interests of the child and be subject to judicial review, in accordance with applicable law and procedures, with all interested parties, including the child, represented. Where separation is deemed to be justified, alternatives to placement of the child outside the family should be considered, including removal of the perpetrator, suspended sentencing, and so on.

. Where, despite prohibition and positive education and training programmes, cases of corporal punishment come to light outside the family home- in schools, other institutions and forms of alternative care, for example- prosecution may be a reasonable response. The threat to the perpetrator of other disciplinary action or dismissal should also act as a clear deterrent. It is essential that the prohibition of all corporal punishment and other cruel or degrading punishment, and the sanctions that may be imposed if it is inflicted, should be well disseminated to children and to all those working with or for children in all settings. Monitoring disciplinary systems and the treatment of children must be part of the sustained supervision of all institutions and placements which is required by the Convention. Children and their representatives in all such placements must have immediate and confidential access to child- sensitive advice, advocacy and complaints procedures and ultimately to the courts, with necessary legal and other assistance. In institutions, there should be a requirement to report and to review any violent incidents.