El castigo corporal como método de disciplina contra niños, niñas y adolescentes frente a la Corte Interamericana de Derechos Humanos

Un desafío internacional

Abstract

On December 29, 2008, the Inter-American Commission on Human Rights filed a request for an Advisory Opinion before the Inter-American Court of Human Rights regarding "the use of corporal punishment as a disciplinary method for boys, girls, and adolescents." Nevertheless, the Court, through its Order of January 27, 2009, decided not to respond to this request, considering that its jurisprudence contains criteria in relation to the points presented therein. However, the Court delivered important considerations with respect to that jurisprudence, in agreement with criteria established by the UN Committee on the Rights of the Child. Although the Court recognized certain international standards on the subject, its lack of response prevented it from approaching or developing this issue with specificity. In particular, it did not allow the consideration of a regional standard for the protection of children and adolescents, whether through legislative or other means, subjected to corporal punishment in all its forms, or the eventual prohibition of this practice. The eradication of corporal punishment of children is a fundamental challenge for international human rights law.