Page 95 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Covenants on Civil and Political Rights (hereinafter referred to as
5
ICCPR) and on Economic, Social, and Cultural Rights (hereinafter
6
referred to as IESCR) recognized the entitlement of all individuals
to equal protection under the law, as well as respect for their human
dignity and physical integrity. The Convention on the Rights of the
Child reinforces the responsibility of states to ban and eradicate
all types of cruel or degrading punishment, including CP. This
obligation is based on the principle that every person’s dignity
must be respected, which is a core tenet of international human
rights law.
According to the Convention on the Rights of the Child’s preface,
which aligns with the United Nations Charter and Universal
7
Declaration’s principles, acknowledging the inherent dignity and
equal and inalienable rights of every person is fundamental in
promoting freedom, justice, and peace worldwide.

CRC Article 37 requires States to ensure that “no child shall be
subjected to torture or other cruel, inhuman or degrading treatment
or punishment”. This is complemented and extended by Article 19
of the CRC which requires States to “take all appropriate legislative,
administrative, social and educational measures to protect the child
from all forms of physical or mental violence, injury or abuse, neglect
or negligent treatment, maltreatment or exploitation, including sexual
abuse, while in the care of parent(s), legal guardian(s) or any other
person who has the care of the child”. There is no uncertainty in the
statement that “all forms of physical or mental violence” do not permit
any degree of lawful violence against children. CP and other types of
cruel or humiliating punishment are forms of violence that countries
must abolish through suitable legal, administrative, social, and

5 International Covenant on Civil and Political Rights (ICCPR), 16 December 1966, 999
UNTS 171
6 International Covenant on Economic, Social and Cultural Rights (adopted 16 December
1966, entered into force 3 January 1976) UNTS Vol 993, 3.
7 United Nations Charter (UN Charter, 1945).
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