. Corporal punishment and other cruel or degrading forms of punishment of children take place in many settings , including within the home and family , in all forms of alternative care , schools and other educational institutions and justice systems - both as a sentence of the courts and as a punishment within penal and other institutions - in situations of child labour , and in the community .
. In rejecting any justification of violence and humiliation as forms of punishment for children , the Committee is not in any sense rejecting the positive concept of discipline . The healthy development of children depends on parents and other adults for necessary guidance and direction , in line with childrens evolving capacities , to assist their growth towards responsible life in society .
. The Committee recognizes that parenting and caring for children , especially babies and young children , demand frequent physical actions and interventions to protect them . This is quite distinct from the deliberate and punitive use of force to cause some degree of pain , discomfort or humiliation . As adults , we know for ourselves the difference between a protective physical action and a punitive assault ; it is no more difficult to make a distinction in relation to actions involving children . The law in all States , explicitly or implicitly , allows for the use of non - punitive and necessary force to protect people .
. The Committee recognizes that there are exceptional circumstances in which teachers and others , e . g . those working with children in institutions and with children in conflict with the law , may be confronted by dangerous behaviour which justifies the use of reasonable restraint to control it . Here too there is a clear distinction between the use of force motivated by the need to protect a child or others and the use of force to punish . The principle of the minimum necessary use of force for the shortest necessary period of time must always apply . Detailed guidance and training is also required , both to minimize the necessity to use restraint and