Torture and other cruel, inhuman or degrading treatment or punishment

Recalling its general comment No. 13 (2011), the Committee is concerned about the recent legislation enacted by Parliament to expand the mandate of teachers and caretakers to apply force in schools and institutions, and recommends that the State Party:

(a) Respond to the rising number of incidents of violent and aggressive behaviour among children in schools and institutions by prioritizing preventive measures, including by designing response plans in partnership with children and by training staff

(b) Ensure that, in guidelines and in practice, the use of physical force against children in mental healthcare, schools, child welfare institutions and police custody is allowed only as a measure of last resort

(c) Strengthen measures to ensure that children in police custody and in welfare and mental health institutions are not subjected to ill-treatment, including disproportionate use of force, isolation, restraint and coercion

(d) Ensure that the use of coercion measures against children, such as surveillance, isolation and confinement, in the educational, child welfare and health sectors is always documented and subjected to review

(e) Ensure that the use of stop-and-search checks against children is justified, necessary and conducted in a child-sensitive manner