تنبيه بدنى كودكان در نظام بين الملل حقوق بشر و فقه اماميه (فارسى) — الصفحة ٣٠٦

ث ) تفسير عمومى شماره‌ى 8 كميته‌ى حقوق كودك

eliminating corporal punishment with certain States during the examination of their reports , governmental representatives have sometimes suggested that some level of

reasonable

or moderate

corporal punishment can be justified as in the best interests

of the child . The Committee has identified , as an important general principle , the Conventions requirement that the best interests of the child should be a primary consideration in all actions concerning children ( art . , para . ) . The Convention also asserts , in article , that the best interests of the child will be parents basic concern . But interpretation of a childs best interests must be consistent with the whole Convention , including the obligation to protect children from all forms of violence and the requirement to give due weight to the childs views ; it cannot be used to justify practices , including corporal punishment and other forms of cruel or degrading punishment , which conflict with the childs human dignity and right to physical integrity . . The preamble to the Convention upholds the family as

the fundamental group of society and the natural environment for the growth and well - being of all its members and particularly children . The Convention requires States to respect and support families . There is no conflict whatsoever with States obligation to ensure that the human dignity and physical integrity of children within the family receive full protection alongside other family members . . Article requires States to respect the respons ibilities , rights and duties of parents

to provide , in a manner consistent with the evolving capacities of the child , appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention . Here again , interpretation of appropriate

direction and guidance must be consistent with the whole Convention and leaves no room for justification of violent or other cruel or degrading forms of discipline . . Some raise faith - based justifications for corporal punishment , suggesting that certain interpretations of religious texts not only justify its