{"id":2064,"date":"2017-11-20T05:16:30","date_gmt":"2017-11-20T05:16:30","guid":{"rendered":"http:\/\/www.endcorporalpunishment.net\/?page_id=2064"},"modified":"2024-03-11T11:55:45","modified_gmt":"2024-03-11T11:55:45","slug":"gabon","status":"publish","type":"page","link":"https:\/\/endcorporalpunishment.org\/reports-on-every-state-and-territory\/gabon\/","title":{"rendered":"Gabon"},"content":{"rendered":"\n            <div class=\"separator- glacier-section\"  id=\"section-69d79b00dad7a\">\n            <div class=\"container\">\n                <section>\n                    \n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-6 col-md-3\" style=\"background: transparent  \">\n\t<div class=\"feature-box text-center media-box \">\n    <div class=\"fbox-media\">\n                    <img decoding=\"async\" data-no-retina src=\"\/\/www.endcorporalpunishment.net\/wp-content\/uploads\/2018\/05\/flag-antigua.gif\" alt=\"\" width=\"\" height=\"\" class=\"img-responsive\" \/>\n        \t<\/div>\n\t<div class=\"fbox-desc\">\n        <h2><\/h2>\n        <span class=\"subtitle\"><\/span>\n        \n    <\/div>\n<\/div><\/div>\n\n<div class=\"col-xs-12 col-sm-12 col-md-9\" style=\"background: transparent  \">\n\t\n<div class=\"heading-block text-left heading-block-line\">\n\t<h2 class=\"special-heading\" >Country Report for Gabon<\/h2>\n\t<\/div><div class=\"text-block shortcode-container\" >\n\t<p>LAST UPDATED: February 2024<\/p><\/div><\/div><\/div>\n\n\n<div class=\"row\">\n\t\n\n<div class=\"col-xs-12 col-sm-12\" style=\"background: transparent  \">\n\t\n<div class=\"vertical\">    <ul class=\"nav nav-tabs\" role=\"tablist\">\n                    <li class=\"active\"><a href=\"#tabs-69d79b00db6a20\" role=\"tab\" data-toggle=\"tab\"> Summary<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b00db6a21\" role=\"tab\" data-toggle=\"tab\"> Legality <\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b00db6a22\" role=\"tab\" data-toggle=\"tab\"> UPR<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b00db6a23\" role=\"tab\" data-toggle=\"tab\"> Treaty bodies<\/a><\/li>\n                    <li ><a href=\"#tabs-69d79b00db6a24\" role=\"tab\" data-toggle=\"tab\"> Research<\/a><\/li>\n            <\/ul>\n\n    <div class=\"tab-content\">\n                    <div class=\"tab-pane active\" id=\"tabs-69d79b00db6a20\">\n                <h3>Summary of necessary legal reform to achieve full prohibition<\/h3><p>Prohibition is still to be achieved in the home, alternative care settings and day care.<\/p><p>We have been unable to find out if legislation confirms a right of parents and others with parental authority to administer corporal punishment in the guise of \u201creasonable chastisement\u201d or similar. The near universal acceptance of a certain degree of violence in childrearing necessitates clarity in law that all degrees and kinds of corporal punishment are unacceptable and unlawful. Prohibition should be enacted of all corporal punishment, however light, by parents and other adults with parental authority.<\/p><p><em>Alternative care settings<\/em> \u2013 Prohibition should be enacted in legislation applicable to all alternative care settings (foster care, institutions, places of safety, emergency care, etc).<\/p><p><em>Day care<\/em> \u2013 Corporal punishment should be prohibited in all early childhood care (nurseries, cr\u00e8ches, family centres, etc) and all day care for older children (day centres, after-school childcare, childminding, etc).<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b00db6a21\">\n                <h3>Current legality of corporal punishment<\/h3><h3>Home<\/h3><p>Corporal punishment is lawful in the home. There appears to be no defence for the use of corporal punishment in childrearing in the Penal Code 1963 or the Civil Code 1972, but provisions against violence and abuse in these and other laws are not interpreted as prohibiting corporal punishment of children. Article 83 of the Children\u2019s Code 2019 prohibits \u201cany form of physical or psychological violence against the child\u201d (unofficial translation) but does not explicitly prohibit all corporal punishment of children.<\/p><p>In reporting in 2012 on the UPR recommendation to prohibit corporal punishment made in 2008, the Government stated that the Ministry of Social Affairs is developing a code of social action but went on to suggest that corporal punishment is punishable under existing law.<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a> Law no. 2016\/28 on the Code of Social Protection was enacted in 2017 to replace the Code of Social Security 1975 and does not address corporal punishment. In reporting to the Committee on the Rights of Persons with Disabilities in 2013, the Government referred to the preparation of a new Family Code.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> In 2015, the Government reported that the drafting of the Family Code had been initiated.<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a> As at March 2017, the draft Family Code had not been finalised.<\/p><p>In reporting to the African Committee of Experts on the Rights and Welfare of the Child in 2015, the Government stated that customary practices regarding corporal punishment still exist and that challenging this \u201cis seen as an interference in the private life of the family\u201d.<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a> The Government went on to report measures to prohibit corporal punishment only in relation to schools. The report confirmed, too, that there is no legislation on domestic violence. The Government reported in 2017 that a Bill on domestic violence had been drafted.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a> The Civil Code is under review.<a href=\"#_ftn6\" name=\"_ftnref6\">[6]<\/a><\/p><p><strong>\u00a0<\/strong><\/p><h3>Alternative care settings<\/h3><p>There is no explicit prohibition of corporal punishment in alternative care settings.<\/p><p>&nbsp;<\/p><h3>Day care<\/h3><p>Corporal punishment is unlawful in preschool provision under article 108 of the Law on Orientation of Education, Training and Research 2011 (see under \u201cSchools\u201d), but it is not explicitly prohibited in other early childhood care and in day care for older children.<\/p><p>&nbsp;<\/p><h3>Schools<\/h3><p>Corporal punishment is unlawful in schools under article 108 of the Law on Orientation of Education, Training and Research 2011,<a href=\"#_ftn7\" name=\"_ftnref7\">[7]<\/a> which came into force in February 2012 (unofficial translation): \u201cProhibited in schools and universities: Punishment or abuse and other forms of violence or humiliation\u2026.\u201d In reporting to the African Committee of Experts on the Rights and Welfare of the Child, the Government noted the \u201cadoption of an order of the Ministry of Education prohibiting corporal punishment in schools\u201d.<a href=\"#_ftn8\" name=\"_ftnref8\">[8]<\/a><\/p><p>&nbsp;<\/p><h3>Penal institutions<\/h3><p>Corporal punishment is explicitly prohibited as a disciplinary measure in penal institutions in article 214 of the Children\u2019s Code 2019 (unofficial translation): \u201cAny action or disciplinary proceedings again a child must be compatible with respect for their dignity. It is forbidden, even for disciplinary reasons, to inflict on a juvenile detainee cruel, inhuman or degrading treatment, including corporal punishment, confinement in a dark cell, in a dungeon or in isolation, or any other punishment that may prejudice his physical or mental health.\u201d This prohibition was previously included in the Law on the Judicial Regime of Protection of Children 2010 which was repealed by the Children\u2019s Code 2019.<\/p><p>&nbsp;<\/p><h3>Sentence for crime<\/h3><p>Corporal punishment is unlawful as a sentence for crime. There is no provision for judicial corporal punishment in criminal law.<\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 6 August 2012, A\/HRC\/WG.6\/14\/GAB\/1, National report to the UPR, para. 48<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 14 July 2014, CRPD\/C\/GAB\/1, Initial state party report, para. 121<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> Gabon government delegation reporting to the Committee on the Rights of Persons with Disabilities, <a href=\"http:\/\/www.unog.ch\/unog\/website\/news_media.nsf\/%28httpNewsByYear_en%29\/03CCC7A42C292BC7C1257EA800462478?OpenDocument\">http:\/\/www.unog.ch\/unog\/website\/news_media.nsf\/%28httpNewsByYear_en%29\/03CCC7A42C292 BC7C1257EA800462478?OpenDocument<\/a>, accessed 1 September 2015<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> [2015], Initial state party report<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 29 December 2017, A\/HRC\/37\/6, Report of the working group, para. 114<\/p><p><a href=\"#_ftnref6\" name=\"_ftn6\">[6]<\/a> 14 March 2018, A\/HRC\/37\/6\/Add.1 Advance unedited version, Report of the working group: Addendum<\/p><p><a href=\"#_ftnref7\" name=\"_ftn7\">[7]<\/a> Law No. 21\/2011<\/p><p><a href=\"#_ftnref8\" name=\"_ftn8\">[8]<\/a> [2015], Initial state party report<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b00db6a22\">\n                <h3>Universal Periodic Review of Gabon\u2019s human rights record<\/h3><p>Gabon was examined in the first cycle of the Universal Periodic Review in 2008 (session 2). The following recommendation was made:<a href=\"#_ftn1\" name=\"_ftnref1\">[1]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cTo prohibit by law the worst forms of corporal punishment of children in all places (Mexico)\u201d<\/p><p>The Government neither accepted nor rejected the recommendation.<\/p><p>Examination in the second cycle took place in 2012 (session 14). In its national report, the Government stated that the Ministry of Social Affairs is developing a code of social action, that research on violence against children in Gabon has been conducted, that corporal punishment is unlawful under the Penal Code, and that in 2010-2011 awareness raising campaigns were carried out aiming to address the worst form of corporal punishment in schools.<a href=\"#_ftn2\" name=\"_ftnref2\">[2]<\/a> During the review the following recommendations were made and were accepted by the Government:<a href=\"#_ftn3\" name=\"_ftnref3\">[3]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cContinue public awareness programmes against corporal punishment of children in schools (Angola);<\/p><p style=\"padding-left: 40px;\">\u201cDevelop and implement a comprehensive national strategy to fight the worst forms of corporal punishment of children (Belarus)\u201d<\/p><p>Third cycle examination took place in 2017 (session 28). The following recommendations were made and supported by the Government:<a href=\"#_ftn4\" name=\"_ftnref4\">[4]<\/a><\/p><p style=\"padding-left: 40px;\">\u201cClearly prohibit all forms of corporal, cruel or degrading punishment in all contexts and promote non-violent forms of education and discipline (Belgium);<\/p><p style=\"padding-left: 40px;\">\u201cExpressly prohibit all corporal punishment of children in all settings, including at school and at home (Luxembourg);<\/p><p style=\"padding-left: 40px;\">\u201cReform the law authorizing the punishment of children in conformity with international standards (Madagascar);<\/p><p style=\"padding-left: 40px;\">\u201cEnact legislation with a view to prohibit corporal punishment of children in all settings (Montenegro);<\/p><p style=\"padding-left: 40px;\">\u201cContinue its awareness-raising programmes with a view to putting an end to the use of corporal punishment in schools (Turkey)\u201d<\/p><p>Giving general comments on supported recommendations relating to children\u2019s rights, the Government did not mention corporal punishment, instead only addressing violence against children in schools.<a href=\"#_ftn5\" name=\"_ftnref5\">[5]<\/a><\/p><p>Examination in the fourth cycle took place in 2023 (session 53). The following recommendations were made<a href=\"#_ftn1\" name=\"_ftnref1\">[6]<\/a> and supported<a href=\"#_ftn2\" name=\"_ftnref2\">[7]<\/a> by the Government:<\/p><p style=\"padding-left: 40px;\">\u201cRedouble efforts to abolish the use of corporal punishment in schools (Kenya);<\/p><p style=\"padding-left: 40px;\">\u201cStrengthen the measures aimed at realizing the importance of girls\u2019 education at all levels and of eliminating violence and sexual behaviour in school environments and implement the existing Education Act in order, inter alia, to ban corporal punishment (Romania).\u201d<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\"><\/a><\/p><p>&nbsp;<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[1]<\/a> 28 May 2008, A\/HRC\/8\/35, Report of the working group, para. 60(15)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[2]<\/a> 6 August 2012, A\/HRC\/WG.6\/14\/GAB\/1, National report to the UPR, para. 48<\/p><p><a href=\"#_ftnref3\" name=\"_ftn3\">[3]<\/a> 13 December 2012, A\/HRC\/22\/5, Report of the working group, paras. 101(31) and 101(69)<\/p><p><a href=\"#_ftnref4\" name=\"_ftn4\">[4]<\/a> 29 December 2017, A\/HRC\/37\/6, Report of the working group, paras. 118(89), 118(90), 118(91), 118(92) and 118(93)<\/p><p><a href=\"#_ftnref5\" name=\"_ftn5\">[5]<\/a> 14 March 2018, A\/HRC\/37\/6\/Add.1 Advance unedited version, Report of the working group: Addendum<\/p><p><a href=\"#_ftnref1\" name=\"_ftn1\">[6]<\/a> 17 March 2023, A\/HRC\/53\/6, Report of the Working Group, paras. 136(222) and 136(234)<\/p><p><a href=\"#_ftnref2\" name=\"_ftn2\">[7]<\/a> 18 April 2023, A\/HRC\/53\/6\/Add.1, Report of the Working Group: Addendum<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b00db6a23\">\n                <h3>Recommendations by human rights treaty bodies<\/h3><h3><em>Committee on the Rights of the Child<\/em><\/h3><p>(3 June 2016, CRC\/C\/GAB\/CO\/2, Concluding observations on second report, paras. 30 and 31)<\/p><p>\u201cThe Committee is seriously concerned that corporal punishment of children is not prohibited in all settings, namely in the home and in alternative and day care settings, and that the practice of corporal punishment to discipline children is still accepted and widespread.<\/p><p>\u201cIn the light of its general comment No. 8 (2006) on corporal punishment, the Committee urges the State Party to prohibit all corporal punishment of children in all settings, including the home, alternative and day care settings, and to promote positive, non-violent and participatory forms of child-rearing and discipline among parents as well as alternative and day care personnel.\u201d<\/p><p>&nbsp;<\/p><p><em>Committee on the Rights of the Child<\/em><\/p><p>(1 February 2002, CRC\/C\/15\/Add.171, Concluding observations on initial report, paras. 40 and 54)<\/p><p>\u201cThe Committee recommends the State party to \u2026 undertake a study on violence, including sexual violence, against children within the family, at schools and in other institutions to assess the scope, nature and causes of these practices in order to adopt and implement a comprehensive plan of action, effective measures and policies in conformity with article 19 of the Convention, and to contribute to changing attitudes; \u2026 take all necessary steps to introduce the legal prohibition of the use of corporal punishment in schools and other institutions and at home;\u2026<\/p><p>\u201cThe Committee recommends that the State party \u2026 implement the ban of corporal punishment at schools and train teachers with alternative measures of discipline\u2026.\u201d<\/p><p>&nbsp;<\/p><h3><em>Committee Against Torture<\/em><\/h3><p>(17 January 2013, CAT\/C\/GAB\/CO\/1, Concluding observations on initial report, paras. 25 and 26)<\/p><p>\u201cWhile taking note of the information provided by the State party\u2019s delegation which indicates that children are safeguarded by the Minors Protection Code, by the law on domestic, school-related and institutional violence and by the awareness campaigns conducted in Libreville, Owendo, Makokou and Oyem on the worst forms of corporal punishment inflicted upon schoolchildren, the Committee is concerned by reports indicating that corporal punishment continues to be practised in homes and schools. (art. 16)<\/p><p>The State party should takes steps to ensure the effective enforcement of its legislation in order to make certain that corporal punishment is not practised under any circumstances. It should also step up its campaigns aimed at raising public awareness about the harmful effects of corporal punishment and about the fact that it is prohibited.<\/p><p>\u201cThe Committee regrets \u2026 the fact that it does not have full, reliable information on \u2026 corporal punishment ....<\/p><p>The State party should compile statistics that can be used to assess the application of the Convention at the national level. ... Statistics should also be provided on \u2026 corporal punishment.\u2026\u201d<\/p><p>&nbsp;<\/p><h3><em>African Committee of Experts on the Rights and Welfare of the Child<\/em><\/h3><p>([November 2015], Concluding observations on initial report, para. 26)<\/p><p>\u201cThe Committee welcomes the enactment of the 2008 Law on Sexual Violence and Female Gentile [sic] Mutilation. However, it is noted that violence and abuse against children is predominant within the family. Therefore, the Committee recommends the State Party to ban corporeal punishment in all settings. Moreover, the Committee recommends the State Party to put in place a child friendly and accessible reporting and rehabilitation mechanism for child victims.\u201d<\/p>            <\/div>\n                    <div class=\"tab-pane \" id=\"tabs-69d79b00db6a24\">\n                <h3>Prevalence\/attitudinal research in the last ten years<\/h3><p>None identified.<\/p>            <\/div>\n            <\/div>\n<\/div><\/div><\/div>\n\n                <\/section>\n            <\/div>\n                    <\/div>\n    \n","protected":false},"excerpt":{"rendered":"<p>Country Report for Gabon LAST UPDATED: February 2024 Summary Legality UPR Treaty bodies Research Summary of necessary legal reform to achieve full prohibitionProhibition is still to be achieved in the home, alternative care settings and day care.We have been unable to find out if legislation confirms a right of parents and others with parental authority [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":1301,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"class_list":["post-2064","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2064","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/comments?post=2064"}],"version-history":[{"count":70,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2064\/revisions"}],"predecessor-version":[{"id":25208,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/2064\/revisions\/25208"}],"up":[{"embeddable":true,"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/pages\/1301"}],"wp:attachment":[{"href":"https:\/\/endcorporalpunishment.org\/wp-json\/wp\/v2\/media?parent=2064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}