World Report On Violence Against Children
World Report On Violence Against Children
World Report On Violence Against Children
Contents
Paulo Sérgio Pinheiro
Independent Expert for the United Nations
Secretary-General’s Study on Violence against Children
WORLD REPORT ON
VIOLENCE AGAINST CHILDREN
ISBN-10 92-95057-51-1
ISBN-13 978-92-95057-51-7
CONTENTS
Acknowledgements V
Preface XI
Foreword XIII
Message from the NGO Advisory Panel XV
The Imperative to End Violence against Children XVII
1. An end to violence against children 1
Introduction 3
Making a real difference 3
Prevention is the key 6
A global problem 6
Principles and recommendations 17
Overarching recommendations 18 III
Implementation and follow-up 24
References 26
2. Violence against children and international human rights law and standards 29
Introduction 31
The Convention on the Rights of the Child 32
International criminal, humanitarian, refugee and labour law 37
Regional human rights systems 38
Non-binding instruments 39
References 42
3. Violence against children in the home and family 45
Introduction 47
Human rights instruments 48
Background and context 50
Nature and extent of the problem 50
The consequences of violence against children 63
Factors contributing to violence 66
Responses to violence against children in the home and family 73
Recommendations 92
References 96
4. Violence against children in schools and educational settings 109
Introduction 111
Human rights instruments 113
Background and context 115
Nature and extent of the problem 115
Impacts of violence at school 128
Factors contributing to violence 131
Responses to violence against children in schools and educational settings 136
Recommendations 153
References 157
5. Violence against children in care and justice institutions 171
Introduction 175
Human rights instruments 177
Background and context 178
Factors contributing to violence in institutions 180
Children in institutional care 183
Children in custody and detention 190
Other children in State custody 201
IV Responses to violence against children in care and justice institutions 203
Recommendations 216
References 220
6. Violence against children in places of work 231
Introduction 233
Human rights instruments 234
Background and context 238
Nature and extent of the problem 241
Factors contributing to violence 251
Responses to violence against children in places of work 253
Recommendations 268
References 271
7. Violence against children in the community 283
Introduction 285
Human rights instruments 286
Background and context 286
Nature and extent of the problem 287
Factors contributing to violence 301
Responses to violence against children in the community 317
Recommendations 335
References 339
8. The way forward 353
Annex 357
ACKNOWLEDGEMENTS
The World Report on Violence against Children has benefited from the support of many
institutions and friends. I acknowledge with thanks the many organisations, experts, authors,
peer reviewers, advisers, consultants, volunteers, interns and the Study Secretariat, whose
commitment and dedication have made this book possible.
I also thank national human rights institutions, including ombudspersons and commissioners
for children.
Contributing authors
Kevin Browne, Fatuma Chege, Luke Dowdney, Alexander Fyfe, Deborah Gorman-Smith,
Changu Mannathoko, Claudia Mitchell, Carmen Madrinan and Deborah Muir, Moncef Moalla,
Yoshie Noguchi, Teija Vallandingham, and the many peer reviewers internationally.
Publication development
Maggie Black, lead writer; Andrew Wilson, writer and editor; Stuart Adams, support writer;
Anne Schreier-Audoire, copy editor; Michelle Siegel and colleagues, UNICEF, design;
Sophie Combette, and Services-Concept, design and lay-out.
Donors
The Governments of Belgium, Canada, Finland, France, Germany, Luxembourg, Monaco,
Norway, Sweden, and the United Kingdom.
Private sector partners: The Oak Foundation; The Body Shop; Microsoft Corporation.
VII
The nine regional steering and planning committees and the host Governments for
the regional consultations, sub-regional and national consultations
Latin America Regional Consultation, Buenos Aires, Argentina
North America Regional Consultation, Toronto, Canada
Middle East and North Africa Regional Consultation, Cairo, Egypt
Pacific Island Nations Sub-regional Consultation, Suva, Fiji
Indian Ocean Island Nations Sub-regional Consultation, Antananarivo, Madagascar
West and Central Africa Regional Consultation, Bamako, Mali
South Asia Regional Consultation, Islamabad, Pakistan
Europe and Central Asia Regional Consultation, Ljubljana, Slovenia
Eastern and Southern Africa Regional Consultation, Johannesburg, South Africa
East Asia and the Pacific Regional Consultation, Bangkok, Thailand
Caribbean Regional Consultation, Port of Spain, Trinidad and Tobago
Regional bodies
The African Union, in particular its African Committee of Experts on the Rights and Welfare
of the Child; the Caribbean Community (CARICOM); the Council of Europe, particularly the
Deputy Secretary-General of the Council and the European Commissioner for Human Rights;
the European Union, in particular, the Personal Representative of the Secretary-General
on Human Rights; the League of Arab States; the Organization of American States and, in
particular, its Inter-American Commission on Human Rights; and the South Asian Association
for Regional Cooperation.
Children and young people
The children and young people, and youth facilitators who have been involved in the Study
process since the very beginning. Their contributions, hope, strength and energy have been
extremely valuable in ensuring that their message, essential for future generations, would
continue to be heard loud and clear.
VIII
The NGO Advisory Panel for the UN Secretary-General’s Study
on Violence against Children
Jo Becker (co-chair), Human Rights Watch; Melanie Gow (co-chair), World Vision
International, Australia; Mary Beloff, Center of Legal and Social Studies on Childhood and
Youth, Argentina; Carol Lynn Bower, Resources Aimed at the Prevention of Child Abuse and
Neglect (RAPCAN), South Africa; Luke Dowdney, Viva Rio, Brazil; Joseph Gathia,
Centre of Concern for Child Labour, India; Dilyana Giteva, Human Rights Project, Bulgaria;
Stuart Hart, International School Psychology Association (ISPA) and the International Institute
for Child Rights and Development (IICRD), United States; Séverine Jacomy, Focal Point
Sexual Exploitation of Children, Switzerland; Elizabeth Jareg, International Save the Children
Alliance, Norway; Dr. Hasson Qasem Khan, Yemen Psychological Association, Yemen;
Ellen Mouravieff-Apostol, International Federation of Social Workers, Switzerland;
Najat M’jid, BAYTI, Morocco; Virginia Murillo Herrera, Defense for Children International,
Costa Rica; Peter Newell, Global Initiative to End all Corporal Punishment of Children,
United Kingdom; Millie Odhiambo, Child Rights Advisory Documentation and Legal Center
(CRADLE), Kenya; Anastasia Pinto, Centre for Organization Research and Education/World
Coalition for Indigenous Children and Youth, India; Elizabeth Protacio-de Castro, Program
on Psychosocial Trauma and Human Rights, Center for Integrative and Development Studies,
University of the Philippines, Philippines; Rakesh Rajani, Haki Elimu, Tanzania;
Marcellina Mian, Kimberly Svevo, Barbara Bonner (ISPCAN); Washeila Sait, Disabled
Children’s Action Group, South Africa; Dick Sobsey, Inclusion International, The Canadian
Association for Community Living, The JP Das Developmental Disabilities Centre at
the University of Alberta, Canada; Liliana Ines Tojo, Center for Justice and International Law
(CEJIL), Brazil; Marie Wernham, Consortium for Street Children, United Kingdom.
Other NGOs, civil society and academic institutions
Veronica Yates, Isabelle Guitard and Jenny Thomas at the Child Rights Information Network;
Lena Karlsson, Roberta Cecchetti, Ravi Karkara, and colleagues at Save the Children;
the National Committees of UNICEF; Desmond Runyan (ISPCAN); Carmen Madrinan,
End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes
(ECPAT); Christine Bloch, Women’s Commission for Refugee Women and Children;
Miquel Paladella, Global Movement for Children; Jim Cairns, World Conference of Religions
for Peace; the National Council for Childhood and Motherhood, Egypt; Annemarie Schlack,
SOS Children’s Villages; Plan International; Rachel Brett, Quaker UN Office; Areti Sianni,
Amnesty International; Dina Abousamra, Norwegian Refugee Council; Maria Amélia Azevedo
e Viviane Nogueira de Azevedo Guerra, Laboratorio de Estudos da Crianca (LACRI);
Musimbi Kanyoro, World YWCA and the International Alliance of Youth CEOs; IX
Bartholomew Shaha and Jenny Aris World Alliance of YMCAs; Ibrahim Osman,
International Federation of Red Cross and Red Crescent Societies; Gillian Shirazi,
International Award Association; Lesly Bulman, World Association of Girl Guides and Girl
Scouts; Eduardo Missoni, World Organization of the Scout Movement; Nora Groce of Yale
University School of Public Health, Michael Dunne et al of Queensland University
of Technology.
The Study Secretariat
The Director, Amaya Gillespie, and colleagues, Marcelo Daher (my principal assisant),
Esther van der Velde, Imma Guerras, Teizu Guluma, Alexandra Scolari, Véronique Taveau,
Sunita Grote, Helen Moestue, June Kane, Phyllis Ressler, Susan Fountain, and other
consultants and interns.
X
PREFACE
Violence against children cuts across boundaries of geography, race, class, religion and culture. It
occurs in homes, schools and streets; in places of work and entertainment, and in care and detention
centres. Perpetrators include parents, family members, teachers, caretakers, law enforcement
authorities and other children. Some children are particularly vulnerable because of gender, race,
ethnic origin, disability or social status. And no country is immune, whether rich or poor.
The consequences of violence can be devastating. Above all, it can result in early death. But
even children who survive must cope with terrible physical and emotional scars. Indeed, violence
places at risk not only their health, but also their ability to learn and grow into adults who can
create sound families and communities.
Violence against children is thus a major threat to global development and our work to reach
the Millennium Development Goals. We will not achieve universal primary education unless
children are safe in school. The spread of HIV/AIDS will not be halted until we also stop the XI
violence against girls that helps to fuel the pandemic. Violence against children is also a major
obstacle to gender equality.
The impact of violence against children is fully and persuasively documented in the United
Nations Study that is the subject of this book. The Study also outlines what must be done to
confront this challenge. In that effort, States bear primary responsibility for preventing and
responding to violence against children, and for upholding the Convention on the Rights of the
Child and other treaties, which guarantee girls and boys everywhere the right to live their lives
free from violence. There must be action in all sectors – from health and education to labour
and justice – and at all levels, local, national and international. But civil society groups and
individual citizens also have important roles to play. The UN family, for its part, remains strongly
committed to this work.
Violence against children is never justifiable. Nor is it inevitable. If its underlying causes are
identified and addressed, violence against children is entirely preventable. This book and Study
should help to improve our understanding of the problem, and help us devise strategies to confront
it. I therefore commend the contents to a wide global audience.
Kofi Annan
United Nations Secretary-General
October 2006
XII
FOREWORD
The World Report on Violence against Children is the outcome of the first comprehensive global
attempt to describe the scale of all forms of violence against children and its impact. Violence
is a problem that calls for a multisectoral response. This report approaches the issue from the
combined perspectives of human rights, public health and child protection.
The participatory processes which led to this report brought together the experience of
Governments, international organisations, civil society organisations, research institutions
and children. This rich collaborative effort has generated expectations of renewed action.
Now, that action is urgently needed.
The Convention on the Rights of the Child forms an international basis for ensuring the rights
and protection of children. Yet, in every country of the world, there are children who continue
to fear and experience violence. The repercussions of that violence can continue throughout their
lives, influencing their development, their behaviours and their health. XIII
This report asserts that no violence against children is justifiable and all forms of violence are
preventable. The commitments made at international and national levels and the accumulated
knowledge described in this report give us the necessary tools to protect children from violence,
to prevent it from happening in the first place, and to mitigate the consequences.
The World Report on Violence against Children must lead to lasting change. All of us share
the responsibility to implement it.
Anders Nordström
Acting Director-General
World Health Organization
XIV
MESSAGE FROM THE NGO ADVISORY PANEL TO
THE UNITED NATIONS SECRETARY-GENERAL’S STUDY
ON VIOLENCE AGAINST CHILDREN
NGOS’ COMMITMENT TO THE STUDY AND ITS FOLLOW-UP
This Study brings to the attention of the highest level of the United Nations the horrific scale
of all forms of violence suffered by girls and boys at the hands of adults throughout the world.
The Study process and outcome are also an affirmation of the involvement and capacity of chil-
dren. Children have been engaged in the Study to an unprecedented degree. Their presence, their
humanity, input and commitment have enriched every aspect of the Study.
Children’s hopes and expectations demand that States act now with real urgency to fulfil their
obligations to children as rights-holders. Not only Governments, but individual adults throughout
the world must accept, finally, the core message of the Study: that no violence against girls and XV
boys is justifiable, and that all violence against them is preventable. All violence against children is
a violation of their equal human right to respect for their human dignity and physical integrity.
Non-governmental organisations (NGOs) – international, regional and national – have been
involved from the very beginning of the process. Working with UN and other agencies, NGOs
have facilitated and supported the involvement of girls and boys at national, regional and inter-
national level. NGOs, often working directly with children and young people, have documented
the types and frequency of violence against children, including the shameful fact that in 2006
so much of it still remains lawful and State-authorised – endorsed and administered by those
responsible for children’s upbringing, care, welfare and education. NGOs have also demonstrated
and promoted positive programmes and interventions – ways forward towards a world in which
all violence against children is condemned and eliminated. The NGO Advisory Panel, set up to
support the Study and expanded to include children and youth members, and the Sub-Group on
Children and Violence of the NGO Group for the Convention on the Rights of the Child, have
been fully consulted and involved in the preparation of the Study outcomes.1
The UN Secretary-General’s Study must generate a living process that starts rather than ends with
the submission of the report to the General Assembly and the publication of this book. NGOs are
ready and willing to continue and collaborate in this process. We believe that it should be led and
coordinated by a Special Representative of the Secretary-General on Violence against Children
who must, reflecting the Study process, engage directly with children as partners.
Children have underlined with passion the urgency of stopping all this violence; Paulo Sérgio
Pinheiro has responded by setting essential time-bound targets for Governments, which bear the
primary obligation to prevent violence and respond. We will work together with Governments to
meet these targets, and in particular:
• to ensure that all currently lawfully accepted violence against girls and boys, including
all corporal punishment, all harmful traditional practices, and all sexual violence,
is prohibited and also effectively eliminated through awareness raising and public
education;
• to support the development of a multi-faceted and systematic framework to respond to
violence against children, fully integrated within national planning processes.
Finally, we would like to express our thanks to Paulo Sérgio Pinheiro, who has led the Study pro-
cess in an open and participatory fashion, travelled tirelessly and proved himself to be an attentive
and responsive listener to children.
XVI
1 Members of the Sub-Group on Violence of the NGO Group for the Convention on the Rights of the Child include:
African Child Policy Forum; Arigatou Foundation; ECPAT International; Friends World Committee for Consultation;
Global Initiative to End All Corporal Punishment of Children; Human Rights Watch; International Alliance of Women;
International Catholic Child Bureau (ICCB/BICE); International Council of Women; International Federation of Social
Workers ; International Federation Terre des Hommes; International Save the Children Alliance; Jesuit Refugee Service;
Plan International; Resources Aimed at the Prevention of Child Abuse and Neglect – R APCAN; SOS-Kinderdorf
International; World Organisation Against Torture (OMCT); WWSF Women’s World Summit Foundation; World Union
of Catholic Women’s Organisations; World Vision International.
THE IMPERATIVE TO END
VIOLENCE AGAINST CHILDREN
The World Report on Violence against Children is not an individual achievement nor the work of
just one office, but the result of a genuine and lively participatory process, involving Governments,
international entities, civil society and children. Over the last three years I have had the privilege
of learning from the testimony of thousands of adults and children from all regions of the world.
Their commitment to the protection and promotion of children’s rights has been the driving force
behind the development of the United Nations Secretary-General’s Study on Violence against
Children, and this book which elaborates on the ‘Study’.
The Study confirms that violence against children happens in all parts of the world. In the course
of the Study process, though, I have witnessed the efforts of many civil society organisations that
strive ceaselessly at local and international levels to ensure the protection of children. We must
be inspired by the strength of those in the field who are confronted with very difficult conditions XVII
on a daily basis and who have extremely creative approaches for reducing children’s exposure to
violence and advocating for their rights.
Another promising element of the Study process has been the great interest of Governments all
over the world to address the issue of violence against children. As of September 2006, I had
received a total of 136 responses to the questionnaire I sent to Governments as I prepared my
report. Their responses do not deny the pervasiveness of violence. This recognition of violence,
and the open involvement of Governments, are important steps towards putting into practice the
commitments States made when they ratified the United Nations Convention on the Rights of
the Child.
The collaboration of the Office of the High Commissioner for Human Rights, the United
Nations Children’s Fund and the World Health Organisation in developing the Study was crucial
in recognising the multi-faceted nature of violence against children and the need for a coopera-
tive, multidisciplinary approach to addressing it. The Study also benefited from the substantial
contributions of research centres and experts working in very different fields such as criminal jus-
tice, public health, education, public security and human rights. This is in itself a reminder that
making a real and lasting difference in the lives of children requires all sectors to work together
and to coordinate their efforts.
The preparation of a Study with such global dimensions was only possible through mobilisation
of a formidable network of organisations and programmes around the world. United Nations
entities played a leading role in promoting this participatory process, in partnership with Gov-
ernments and civil society, and especially through the national, subregional and regional con-
sultations that were facilitated by UNICEF offices and various partners. This broad process of
consultation was the key strategy that ensured that the final recommendations in this report are
firmly anchored in the reality of children’s lives at country level.
Some forms of violence, such as sexual exploitation and trafficking and the impact of armed con-
flict on children, have provoked international condemnation over the past decade. The recogni-
tion of these extreme situations has helped to bring children’s concerns high on the international
agenda. However attention to violence against children in general continues to be fragmented
and very limited – different forms of violence in the home, schools, institutions and the commu-
nity are largely ignored in current debates in the international community.
Family units are the best providers of physical and emotional care for children. Schools have a
fundamental role in ensuring the development of children’s potential while protecting them. But
it is Governments that have the responsibility to build a solid legal framework and to provide the
support needed by families, schools and communities to adequately fulfil their role.
XVIII
Appropriate legal frameworks are vital to ending violence against children, but preventing and
responding to violence does not mean adopting unilateral, tough or repressive measures. More-
over, if these measures violate the rights of any group of citizens, they are never going to be effec-
tive. This is particularly serious when countries face the challenges of growing levels of violence
and crime. If Governments are committed to ensuring safety, it is clear that this is not going to be
achieved by locking up adolescents under appalling conditions, by condoning the use of violence
by agents of the State, or by weakening civil and political rights. This Study demonstrates that
effective responses to violence involve comprehensive efforts, combining long-term investment in
prevention, challenging attitudes which condone or support violence, reliable data collection, and
improving the functioning of State institutions and ensuring accountability.
As Nelson Mandela has reminded us, violence thrives in the absence of democracy and respect for
human rights. Violence against children persists as a permanent threat where authoritarian rela-
tionships between adults and children remain. The belief that adults have unlimited rights in the
upbringing of a child compromises any approach to stop and prevent violence committed within
the home, school or state institution. For lasting change, attitudes that condone or normalise
violence against children, including stereotypical gender roles, need to be challenged,
Our failure to listen to children has resulted in a failure to respond to their needs. It is hard to
understand why and how adults can continue to argue that children should have less protection
from violence than adults do: in law, in policy and in practice. I sincerely hope that this Study will
be a watershed in ending the double standards and compromises that have existed for far too long.
Throughout the Study, children’s voices were listened to, heard, and respected. They asserted
their right to protection from all forms of violence, and their desire to enjoy that right without
delay. Their testimonies describing the harm they experience as a result of violence, and their
distress that many adults continue to accept and approve of it must prompt us to live up to our
principles, and to practise what we preach. We must act now to end children’s scepticism about
adult promises. Children are tired of being told they are the future. They want to see us fulfil our
promises in the present, and enjoy their right to be protected from violence today.
XIX
UNICEF/HQ 05-1826. Giacomo Pirozzi
Ukraine, 2005, Artem, 14, sits on a wall outside ‘Way Home’, a shelter in the port city of Odessa.
Artem arrived at the shelter three months ago after living for two years on the streets.
AN END TO
1
VIOLENCE AGAINST CHILDREN
Introduction 3
Making a real difference 3
Prevention is the key 6
A global problem 6
Settings in which violence occurs 7
Hidden dimensions of violence against children 10
Range and scale of the problem 11 1
Risk factors and protective factors 12
In 2001, on the recommendation of the Committee on the Rights of the Child, the
General Assembly in its resolution 56/138 requested the Secretary-General to conduct
an in-depth study on the question of violence against children and to put forward rec-
ommendations for consideration by Member States for appropriate action. In February
2003, I was appointed by the UN Secretary-General to lead this Study.
The Study adopts the definition of the child as contained in article 1 of the Conven-
tion on the Rights of the Child (CRC): “every human being below the age of 18
years unless, under the law applicable to the child, majority is attained earlier.” The
definition of violence is that of article 19 of the CRC: “all forms of physical or mental
violence, injury and abuse, neglect or negligent treatment, maltreatment or exploita-
tion, including sexual abuse.” It also draws on the definition in the World Report on
4
Violence and Health (2002): “the intentional use of physical force or power, threatened
AN END TO VIOLENCE AGAINST CHILDREN
or actual, against a child, by an individual or group, that either results in or has a high
likelihood of resulting in actual or potential harm to the child’s health, survival, devel-
opment or dignity.”2
In my capacity as Independent Expert, I submitted a report to the UN General Assem-
bly, and this book is intended to complement that report. Child-friendly materials have
also been produced. This book elaborates on the five different settings where violence
against children occurs: the family, schools, alternative care institutions and detention
facilities, places where children work, and in their communities. It does not address the
issue of children in armed conflict, as this is in the mandate of the Special Representa-
tive of the Secretary-General for Children and Armed Conflict, but it considers related
issues, such as violence against child refugees and other displaced children.
The Study and its secretariat in Geneva were supported by three UN entities: the Office
of the United Nations High Commissioner for Human Rights (OHCHR), the United
Nations Children’s Fund (UNICEF), and the World Health Organization (WHO),
and were also informed by a multidisciplinary Editorial Board of experts.
“We have to wipe their tears and transform their gloomy faces into happy ones.
We have to kindle the flame of hope and a better tomorrow in them.”
The First Lady of Pakistan, Begum Sehba Pervez Musharraf, 2005 I
1
the Study reveals, despite this broad accep- has given new urgency to prevention. Until the
tance of the CRC, children in almost all States 1960s there was no significant acknowledge-
are still waiting for full recognition of respect ment, even among professionals, of the extent
for their human dignity and physical integrity, of death, rape and injuries inflicted on children
and for adequate investment in actions to pre- by parents and those who have a duty of care
vent all forms of violence against them. or are in positions of trust. The problems of
violence against children in schools and other
Second, children themselves are speaking
settings had also only been given scant atten-
out on this issue and beginning to be heard
tion until recent decades.
and taken seriously. Children have testified
at the nine Regional Consultations held in Significantly, the expansion of research in the
connection with the Study about the routine neurobiological, behavioural and social sci-
violence they experience, in their homes and ences has generated a much deeper understand-
families and also in schools, other institutions ing of the significance of childhood experiences
and penal systems, in places of work, and in to the development of the brain and the cen- 5
their communities. Violence against children tral role of early relationships in healthy brain
No longer can different professions afford to and the underlying economic and social con-
address this problem while working in isolation. ditions associated with violence.
Public health, criminal justice, social services,
education, human rights organisations, media As the Report of the United Nations Secretary-
and businesses – all have a common interest in General’s Study on Violence against Children
notes: “The core message of the Study is that
eliminating violence against children, and can
no violence against children is justifiable; all
find more efficient and effective ways to achieve
violence against children is preventable. There
this goal by working together.
should be no more excuses. Member States
must act now with urgency to fulfil their
PREVENTION IS THE KEY human rights obligations and other commit-
ments to ensure protection from all forms of
Despite the emerging picture of the scale
violence. While legal obligations lie with States,
of violence against children, there is a great
all sectors of society, all individuals, share the
opportunity now to move towards its elimi-
6 responsibility of condemning and preventing
nation. Violence is not an inevitable con-
violence against children and responding to
AN END TO VIOLENCE AGAINST CHILDREN
sequence of the human condition. Govern- child victims. None of us can look children in
ments are increasingly acknowledging and the eye if we continue to approve or condone
enforcing their human rights obligations to any form of violence against them.”4
children, and recognising the prevalence and
long-term impact of violence. The Study has
confirmed that the knowledge and capacity to A GLOBAL PROBLEM
prevent violence against children and reduce Reports of infanticide, cruel and humiliating
its consequences exist. The science base for punishment, neglect and abandonment, sexual
developing effective violence prevention strate- abuse and other forms of violence against
gies and therapeutic interventions is expanding; children date back to ancient civilisations.5,6
the existence of evidence-based strategies dem- Recently, documentation of the magnitude
onstrates that – with sufficient commitment and and impact of violence against children shows
investment – creative approaches to prevention clearly that this is a very substantial and seri-
can make a difference. Moreover, protecting ous global problem.7,8 It occurs in every coun-
young children from violence has vast potential try in the world in a variety of forms and set-
for reducing all forms of violence in society, as tings and is often deeply rooted in cultural,
well as reducing the long-term social and health economic, and social practices.
consequences of violence against children.
A large proportion of children in every society
Every society, no matter what its cultural, eco- suffer significant violence within their homes.
nomic or social background, can and must stop Only 16 States prohibit all corporal punishment
violence against children now. This requires gainst children in all settings, leaving the vast
transformation of the ‘mindset’ of societies, majority of the world’s child population without
“Violence against children is a violation of their human rights, a disturbing reality of our societies.
1
It can never be justified whether for disciplinary reasons or cultural tradition. No such thing as
“reasonable” levels of violence is acceptable. Legalized violence against children in one context risks
tolerance of violence against children generally.”
Louise Arbour, United Nations High Commissioner for Human Rights
equal legal protection from being hit and delib- institutions, by teachers in schools, and are
erately humiliated within their homes. In addi- also inflicted on children in conflict with the
tion, children face violence from those entrusted law. In workplaces where children below the
with their care in schools, in care and justice sys- minimum legal age for employment are found,
tems, as well as in places where they are work- employers often enjoy impunity in inflicting
ing legally or illegally. In over 100 countries, corporal punishment on children for inade-
children in schools suffer the reality or threat of quate performance. In the community, a child
State-authorised, legalised beating. In at least 30 who is labelled vagrant or anti-social may be
States, sentences of whipping or caning are still assaulted or otherwise ill-treated, with impu-
being imposed on children in penal systems, nity, by figures in authority, including police.
and in many more States violent punishments Children forced into prostitution frequently
are authorised in penal and care institutions.9 describe their violent treatment by clients as if
it were something they deserved.12
SETTINGS IN WHICH VIOLENCE
Sexual abuse, physical and psychological vio- 7
OCCURS
lence, and sexual harassment are forms of vio-
The Study was developed through a participatory process which included Regional,
Sub-regional and National Consultations, expert thematic meetings and field visits. In
March 2004, a detailed questionnaire was sent to Governments on their approaches
to violence against children. A total of 136 responses had been received at the time of
publishing.10
Between March and July 2005, nine Regional Consultations, for the Caribbean, South
Asia, West and Central Africa, Latin America, North America, East Asia and the
Pacific, the Middle East and North Africa, Europe and Central Asia, and Eastern
and Southern Africa, were convened. Each Consultation brought together an aver-
age of 350 participants, including Government ministers and officials, parliamentar-
ians, representatives of regional and other intergovernmental organisations and UN
8
entities, non-governmental organisations (NGOs), national human rights institutions
AN END TO VIOLENCE AGAINST CHILDREN
(NHRIs), other elements of civil society, including the media and faith-based organi-
sations, and children themselves. Children participated in each Regional Consultation,
which were all preceded by meetings where they developed inputs and recommenda-
tions for the Study. Outcome reports for each Regional Consultation were also pro-
duced. A number of Sub-regional and National Consultations were also held.
Governments which hosted these consultations were actively involved in the promotion
of the Study. Regional organisations including the African Union, the Arab League, the
Caribbean Community (CARICOM), the Council of Europe, the European Union,
the Inter-American Commission on Human Rights of the Organization of American
States and the South Asian Association for Regional Cooperation played important
roles in the organisation of consultations. National and regional organisations have
committed themselves to ongoing involvement in the follow-up to the Study.
Field visits were undertaken in Argentina, Canada, China, El Salvador, Guatemala,
Haiti, Honduras, India, Israel and the Occupied Palestinian Territory (OPT), Mali,
Pakistan, Paraguay, Slovenia, South Africa, Thailand, Trinidad and Tobago – thanks
to the hospitality of the Governments of the countries in which visits and consultations
took place.
Regular consultations with members of the Committee on the Rights of the Child and
special procedure mandate holders of the former Commission on Human Rights were
“The participatory process adopted by the Study unleashed a sense of ownership; soul searching and
1
courage in confessing what has long been denied. We have a historic opportuniy to uproot all forms of
violence against children and we must not waste it.”
Ambassador Moushira Khattab, Secretary General of the National Council for Childhood and
Motherhood-Egypt, Vice Chair of the UN Committee on the Rights of the Child
held. The concluding observations on States parties’ reports to the Committee were
analysed, as were the reports of relevant special procedure mandate holders.
Many organisations made contributions to the Study, including the International
Labour Organization (ILO), the Office of the United Nations High Commissioner for
Refugees (UNHCR), the United Nations Educational, Scientific and Cultural Organi-
zation (UNESCO), the United Nations Office on Drugs and Crime (UNODC), and
the Division for the Advancement of Women of the United Nations Department of
Economic and Social Affairs. A UN Inter-agency Group on Violence against Children
met to develop strategies of follow-up to the Study.
This report has also drawn on many inputs made to the Study over the last three years
by different stakeholders, including children. Close to 300 individuals, NGOs, and 9
other organisations from many parts of the world responded to the call for public
1
rights, while we adults not only persist in slapping, spanking, smacking and beating them, but actually
defend doing so as being ‘ for their own good’? Smacking children is not just a lesson in bad behaviour;
it is a potent demonstration of contempt for the human rights of smaller, weaker people.”
Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, 2006 II
FIGURE 1.1
Alternative care 4 78 18
School 42 58 0
Penal system
(corporal punishment 42 55 2
as sentence)
Penal sytem 11
81 19 0
(corporal punishment
Source: Global Initiative to End all Corporal Punishment of Children (2006). Global Summary of
the Legal Status of Corporal Punishment of Children. 28 July 2006.
RANGE AND SCALE OF give some idea of the range and scale of violence
THE PROBLEM against children covered by the Study:
A variety of initiatives, ranging from interna- • WHO estimates that almost 53,000
tional comparative studies to small-scale inter- child deaths in 2002 were homicides.14
view studies with children at local level, are pro- (See Annex for regional homicide rates
viding a clearer picture of the magnitude and by age, income group and sex.)
pervasive nature of the problem in all regions. • In the Global School-Based Student
Information generated by these initiatives indi- Health Survey carried out in a
cates that, while some violence against children wide range of developing countries,
is perpetrated by strangers, the vast majority of between 20% and 65% of school-
violent acts is perpetrated by people who are part aged children reported having been
of the child victim’s immediate environment: verbally or physically bullied in school
parents and the wider family, boyfriends or girl- in the previous 30 days.15 Similar
friends, spouses and partners, teachers, school- rates of bullying have been found in
mates, and employers. The following examples industrialised countries.16
“I hate being a child, I hate being hit and I hate being taken for granted. I have feelings and emotions.
I need love, care, protection and attention.”
Girl, 13, South Asia, 2005 III
• An estimated 150 million girls and 73 simplistic explanations, the model emphasises
million boys under 18 have experienced that it is a combination of factors, acting at dif-
forced sexual intercourse or other forms ferent levels, which influence the likelihood
of sexual violence involving physical that violence will occur, recur, or cease. The
contact.17 various factors relevant to the different levels
• UNICEF estimates that in sub- of the ecological model will also be affected by
Saharan Africa, Egypt and Sudan, the context of the settings that children interact
3 million girls and women are with – in their home and family environment,
subjected to FGM every year.18 at school, in institutions and workplaces, as well
• ILO estimates that 218 million as in their community and broader society.
children were involved in child
labour in 2004, of whom 126 million For example, economic development, social
were engaged in hazardous work.19 status, age and gender are among the many risk
Estimates from 2000 suggest that factors associated with fatal violence. WHO
12 5.7 million were in forced or bonded estimates that the rate of homicide of children
in 2002 was twice as high in low-income coun-
AN END TO VIOLENCE AGAINST CHILDREN
FIGURE 1.2
Ecological model for understanding risk factors and protective factors of violence
Source: Krug EG et al. (Eds) (2002). World Report on Violence and Health. Geneva, World Health Organization.
ity, the short- and long-term repercussions can as substance abuse, early sexual activity, and
be devastating (see Table 1.1). Early exposure to smoking.25,26 Related mental health and social
violence is critical because it can have an impact problems include anxiety and depressive dis-
on the architecture of the maturing brain. In the orders, hallucinations, impaired work perfor-
case of prolonged violence, including witnessing mance, memory disturbances, as well as aggres-
violence, the disruption of nervous and immune sive behaviour. These risks are also associated
systems can lead to social, emotional, and cog- later on in life with lung, heart, and liver dis-
nitive impairments, as well as behaviours that ease, sexually transmitted diseases and foetal
cause disease, injury and social problems.24 death during pregnancy, as well as intimate
partner violence, and suicide attempts.27,28
Exposure to violence in childhood may also
result in greater susceptibility to lifelong Exposure to violence in the community is also
social, emotional, and cognitive impairments, associated with troubling health behavioural,
to obesity, and to health-risk behaviours such and social consequences. Associations have
14
AN END TO VIOLENCE AGAINST CHILDREN
FIGURE 1.3
8.00
Females
7.00 Males
6.00
5.00
4.00
3.28
3.00 2.93
1.92 1.99 2.09 2.08
2.00 1.48 1.49
1.00
1.00
0.00
0-17 yrs 0-4 yrs 5-9 yrs 10-14 yrs 15-17 yrs
Source: WHO (2006). Global Estimates of Health Consequences due to Violence against Children.
Background Paper to the UN Study on Violence against Children. Geneva, World Health Organization.
“UBUNTU is an embodiment of humaneness, empathy, respect, dignity and many other such values
1
and it can only result from an investment of the same values in the children themselves.
Let us leave a legacy consistent with ensuring UBUNTU in the world by speaking
and acting against abuse of all children.”
Adv. Thoko Majokweni, Head of the SOCA Unit: National Prosecuting Authority of South Africa
Continued
Hyperactivity
Poor relationships
Poor school performance
Poor self-esteem
Post-traumatic stress disorder
Psychosomatic disorders
Suicidal behaviour and self-harm
Cancer
Chronic lung disease
Irritable bowel syndrome
Ischaemic heart disease
Liver disease
Reproductive health problems such as infertility
Financial consequences
Treatment, visits to the hospital doctor and other
Direct costs:
health services
Lost productivity, disability, decreased quality of life
Indirect costs:
and premature death
Expenditures related to apprehending and prosecuting
Costs borne by offenders. Costs to social welfare organisations, costs
criminal justice system associated with foster care, to the educational system
and other institutions: and costs to the employment sector arising from
absenteeism and low productivity
Source: Runyan D et al. (2002). Child Abuse and Neglect by Parents and Other Caregivers. In: Krug EG et al. (Eds).
World Report on Violence and Health. Geneva, World Health Organization, pp 59–86.
1
been established between exposure to commu- programmes to address factors that give
nity violence and post-traumatic stress disor- rise to violence against children;
der (PTSD), depression, antisocial behaviours, • States have the primary responsibility
substance abuse, decline in academic perfor- to uphold children’s rights to protection
mance, problematic peer relations, and greater and access to services, and to support
involvement with the criminal justice system. families’ capacity to provide children
with care in a safe environment;
While there is little information available about • States have the obligation to ensure
the global economic costs of violence against chil- accountability in every case of violence;
dren, in particular from the developing world, • The vulnerability of children to
the variety of short- and long-term consequences violence is linked to their age and
associated with it suggest that the economic evolving capacity. Some children,
costs to society are significant. In the United because of gender, race, ethnic
States, the financial costs associated with child origin, disability or social status are
abuse and neglect, including future lost earnings 17
particularly vulnerable;
tional functions. Some recommendations are 2. Prohibit all violence against children
directed at the role of other partners and sec- I urge States to ensure that no person
tors of society, such as civil society organisa- below 18 years of age should be sub-
tions, which are also of critical importance. jected to the death penalty and sentences
of life imprisonment without possibil-
OVERARCHING RECOMMEN- ity of release. I recommend that States
take all necessary measures to immedi-
DATIONS ately suspend the execution of all death
1. Strengthen national and local commit- penalties imposed on persons for having
ment and action committed a crime before the age of 18,
I recommend that all States develop a and take the appropriate legal measures
multi-faceted and systematic framework to convert them into penalties in confor-
to respond to violence against children mity with international human rights
which is integrated into national plan- standards. Death penalty as a sentence
18 imposed on persons for crimes commit-
ning processes. A national strategy, policy
AN END TO VIOLENCE AGAINST CHILDREN
or plan of action on violence against ted before the age of 18 should be abol-
children with realistic and time-bound ished as a matter of highest priority.
targets, coordinated by an agency with
I urge States to prohibit all forms of vio-
the capacity to involve multiple sectors
lence against children, in all settings,
in a broad-based implementation strat-
including all corporal punishment, harm-
egy, should be formulated. National
ful traditional practices, such as early and
laws, policies, plans and programmes
forced marriages, female genital mutila-
should fully comply with international
tion and so-called honour crimes, sexual
human rights and current scientific
violence, torture and other cruel, inhu-
knowledge. The implementation of the
man or degrading punishment and treat-
national strategy, policy or plan should
ment, as required by international trea-
be systematically evaluated according to
ties, including the Convention against
established targets and timetables, and
Torture and Other Cruel, Inhuman or
provided with adequate human and
Degrading Treatment or Punishment
financial resources to support its imple-
and the Convention on the Rights of the
mentation.
Child. I draw attention to General Com-
An integrated and systematic framework to ment No. 8 (2006) of the Committee on
tackle violence against children should include the Rights of the Child on the right of the
components to address the prevention of vio- child to protection from corporal punish-
lence in all settings, care and rehabilitation for ment and other cruel or degrading forms
child victims, awareness-raising and capacity of punishment (articles 19. 28, para 2
building, and research and data collection. and 37, inter alia) (CRC/C/GC/8).
“Commitments should be translated into concrete, time-bound targets.”
Jaap Doek, Chairperson of the UN Committee on the Rights of the Child
1
The first purpose of clear prohibition of vio- Prevention takes many forms, including those
lence is educational – to send a clear message set out in other overarching recommenda-
across societies that all violence against children tions: developing a consistent legal and policy
is unacceptable and unlawful, to reinforce posi- framework prohibiting all forms of violence;
tive, non-violent social norms. There should be challenging social norms which condone vio-
no impunity for those who perpetrate violence lence, and enhancing the capacity of all those
against children, but care must be taken to ensure who work with and for children and families
that child victims do not suffer further through to promote non-violence.
insensitive enforcement of the law. Prosecutions
4. Promote non-violent values and aware-
and formal interventions, in particular within
ness-raising
the family, should occur when necessary to pro-
I recommend that States and civil society
tect a child from significant harm and when
should strive to transform attitudes that
judged to be in the best interests of the child.
condone or normalise violence against
Strong and enforceable legal sanctions should be 19
children, including stereotypical gender
implemented to deter violence against children.
roles and discrimination, acceptance of
clear standards of practice, incorporat- with children and respect their views in
ing the prohibition and rejection of all all aspects of prevention, response and
forms of violence, should be formulated monitoring of violence against them,
and implemented. taking into account article 12 of the
Convention on the Rights of the Child.
While many services contribute to the preven- Children’s organisations and child-led
tion of violence against children, all need to initiatives to address violence, guided
consider how to maximise their potential for by the best interests of the child, should
prevention, including through the specific be supported and encouraged.
training of all who work with children. Sys-
tematic and long-term support, in pre-service The CRC elaborates children’s right to express
as well as in-service training, is needed at all their views freely on all matters that affect
levels to ensure highly functional staff and them and to have those views given due weight.
high-quality services for children. Children’s own views and experiences must
contribute to prevention and other interven-
6. Provide recovery and social reintegra- tions to stop violence against them. Children
tion services – acting voluntarily and with appropriate ethi-
I recommend that States provide accessi- cal safeguards – can make a significant contri-
ble, child-sensitive and universal health bution to both describing the problem of vio-
and social services, including pre-hospi- lence against them, and also to the design of
tal and emergency care, legal assistance services and other interventions that they can
to children and, where appropriate, trust and use. The obligation to ascertain and
their families when violence is detected take children’s views seriously must be built
“No matter whether violence against children occurs in the family, school, community, institution or
1
workplace, health workers are the front line for responding to it. We must make our contribution to ensuring
that such violence is prevented from occurring in the first place, and that where it does occur children receive
the best possible services to reduce its harmful effects.”
Anders Nordström, Acting Director-General, WHO
into the legal framework for child protection cerns about violence against children under
and must inform the training of all those who mandatory reporting systems. In a few coun-
work with children and families. Child vic- tries, the public are under the same legal duty.
tims of violence must not be simply objects of The Study has heard varying views about
concern, but treated as individual people with mandatory reporting. It is essential that every
rights and views of their own. Children must Government should review existing reporting
invariably be listened to and taken seriously. systems and involve children or young adults
with recent experience of child protection ser-
8. Create accessible and child-friendly
vices in the review.
reporting systems and services
I recommend that States should estab- In every locality and every setting which
lish safe, well-publicised, confidential includes children, there should be well-publi-
and accessible mechanisms for chil- cised and easily accessible services required to
dren, their representatives and others investigate reports or indications of violence
to report violence against children. All against children. There should also be access to 21
children, including those in care and services where children can go to talk in confi-
criminal, civil, administrative and 10. Address the gender dimension of vio-
professional proceedings and sanctions. lence against children
Persons convicted of violent offences and I recommend that States ensure that
sexual abuse of children should be pre- anti-violence policies and programmes
vented from working with children. are designed and implemented from a
gender perspective, taking into account
Governments must develop child-sensitive
the different risks facing girls and boys
procedures for investigating cases of violence,
in respect of violence. States should
which avoid subjecting the victim to multiple
promote and protect the human rights
interviews and examinations. Court processes
of women and girls, and address all
must ensure that child witnesses are treated sen-
forms of gender discrimination as part
sitively, that they are not subjected to extended
of a comprehensive violence prevention
court proceedings, and that their privacy is
strategy.
respected. The stress of court proceedings can
22 be reduced through the use of technology such Girls and boys are at different risk for different
as video-taped evidence, courtroom screens, forms of violence across different settings. All
AN END TO VIOLENCE AGAINST CHILDREN
and witness-preparation programmes as well research into violence against children and into
as access to child-friendly legal support. strategies to prevent and respond to it should
be designed to take gender into account. In
When parents or other family members are
particular, the Study has found a need for men
the perpetrators of violence, decisions con-
and boys to play active roles and exercise lead-
cerning formal interventions and prosecutions
ership in efforts to overcome violence.
must be made according to the best interests
of the child. When the perpetrator is another 11. Develop and implement systematic
child, the response should be focused on reha- national data collection and research
bilitation, while ensuring the protection of the efforts
affected child. I recommend that States improve data
collection and information systems in
The risk of perpetrators of violence against
order to identify vulnerable sub-groups,
children re-offending should be minimised by
inform policy and programming at all
appropriate treatment. Governments should
levels, and track progress towards the
be encouraged to review the situation of per-
goal of preventing violence against chil-
petrators currently serving sentences to deter-
mine whether their sentence or treatment is dren. States should use national indi-
minimising the risk of re-offending, and make cators based on internationally agreed
appropriate recommendations for future sen- standards, and ensure that data are
tencing and treatment, focused on this aim. compiled, analysed and disseminated
to monitor progress over time. Where
not currently in place, birth, death
“How is it that Africa, a continent so rich in resources, cultures and values, today fails to protect
its own children, its present and future resource?”
Young refugee, Eastern and Southern Africa, 2005 IV
1
and marriage data registries with full between these trends and various strategies for
national coverage should be created and prevention. Internationally accepted uniform
maintained. States should also create standards for collecting data on violence against
and maintain data on children without children are needed to enhance comparability,
parental care, and on children in the and ensure appropriate ethical safeguards.
criminal justice system. Data should be
disaggregated by sex, age, urban/rural, While some progress has been made in the iden-
household and family characteristics, tification of effective strategies for preventing
education and ethnicity. States should some forms of violence against children in a
also develop a national research agenda few countries, additional research is needed to
on violence against children across set- identify and evaluate policies and programmes
tings where violence occurs, including that are appropriate and effective in prevent-
through interview studies with children ing all forms of violence against children, and
and parents, with particular attention especially for vulnerable girls and boys.
23
to vulnerable groups of girls and boys. 12. Strengthen international commitment
11 The list of submissions is available at the website of the 18 UNICEF (2005). Changing a Harmful Social
United Nations Secretary-General’s Study on Violence Convention: Female Genital Mutilation/Cutting.
against Children: http://www.violencestudy.org. Innocenti Digest. Florence, UNICEF Innocenti Research
Centre.
12 Save the Children Alliance (2005). 10 Essential Learning
Points: Listen and Speak Out against Sexual Abuse of Girls 19 ILO (2006). The End of Child Labour: Within
Reach. Global Report. Geneva, International Labour
and Boys. Global Submission by the International Save
Organization.
the Children Alliance to the UN Secretary-General’s
Study on Violence against Children. Oslo, Save the 20 ILO (2002). A Future Without Child Labour. Global
Children Norway. Report. Geneva, International Labour Organization.
1
21 Global Initiative to End all Corporal Punishment of 30 WHO (2003). Implementing the Recommendations of
Children (2006). Global Summary of the Legal Status of the World Report on Violence and Health. Report on the
Corporal Punishment of Children. 28 June 2006. World Health Assembly, WHA56.24, Fifty-sixth World
22 WHO (2006). Global Estimates of Health Consequences Health Assembly. Geneva, World Health Organization.
Due to Violence against Children. Background Paper to 31 United Nations (1993). Principles Relating to the Status
the UN Secretary-General’s Study on Violence against and Functioning of National Institutions for Protection
Children. Geneva, World Health Organization. and Promotion of Human Rights. Available at:
23 Runyan D et al. (2002). Child Abuse and Neglect by http://www.unhchr.ch/html/menu6/2/fs19.htm#annex.
Parents and Other Caregivers. In: Krug EG et al. (Eds). These recommendations were endorsed by the General
World Report on Violence and Health. Geneva, Assembly in its resolution
World Health Organization, pp 59–86. A/RES/48/134 of 20 December 1993.
HAITI, 2005, Girls stand in the concrete yard of the women’s prison at Pétionville, a suburb of Port-au-Prince.
VIOLENCE AGAINST CHILDREN
2
AND INTERNATIONAL HUMAN RIGHTS LAW
AND STANDARDS
Introduction 31
The Convention on the Rights of the Child 32
International criminal, humanitarian,
refugee and labour law 37
Regional human rights systems 38
Non-binding instruments 39
References 42 29
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
30
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
“I would like a coalition of international associations and organisations to be set up as quickly
as possible to encourage and support those governments which undertake to adopt specific measures
to prevent the most serious crimes committed against children from going unpunished – measures such
as extending or doing away with the time limits for the prosecution of offences, stepping up judicial
2
co-operation or adopting a model or framework law to strengthen action against trafficking
in children, including that done with the help of the Internet.”
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
– statement on human rights, over 60 treaties that is harmful to their morals, or health or
addressing slavery, the administration of jus- dangerous to life, or likely to hamper their
tice, the status of refugees and minority groups normal development, be punished by law. The
and human rights have been elaborated. All International Covenant on Civil and Political
are grounded in the concepts of non-discrimi- Rights expressly prohibits the imposition of
nation, equality and recognition of the dignity death sentences on children and young people
of each and every individual as contained in under 18. It also includes provisions govern-
the Universal Declaration, and each makes ing the proper treatment of accused and con-
it clear that the rights contained therein are victed children, which in particular require
available to all, including children, on a basis their separation from the adult(s) accused and
of equality.
offenders.
Children are therefore entitled to the rights
The Convention on the Elimination of All
and procedures set out in the International
Forms of Discrimination against Women is
Bill of Rights, consisting of the International
fully applicable to girls under 18 years of age.
Covenants on Economic, Social and Cul-
Article 16.2 of the Convention provides that
tural Rights, and that on Civil and Political
the betrothal and marriage of a child shall have
Rights. They are also entitled to the rights
no legal effect and that all necessary action,
and protections contained in specific treaties,
including legislative action, shall be taken by
including those which address the elimina-
States to specify a minimum age for marriage,
* Further information on all instruments referred to in this and to make the registration of marriages in an
chapter is available at: http://www.ohchr.org. official registry compulsory.
“I really believe there is nothing more important than child protection because it is linked with every other
child right, be it development, survival or participation. For all countries the recognition of this right
as paramount and the decision to set up both programmes and institutions to ensure child protection
is a giant step in the right direction.”
Ms. Loveleen Kacker, Joint Secretary, Ministry of Women and Child Development, India
2
With the Convention, we are committed to ensure that the opportunities of life are not determined
by the circumstances of birth.”
Marta Santos Pais, Editorial Board of the UN Secretary-General’s Study
on Violence against Children
are holders of human rights and acknowledges of the Child to Protection from Corporal Pun-
their distinct legal personality and evolving ishment and Other Cruel or Degrading Forms
capacities, is the most widely accepted human of Punishment, adopted at its forty-second ses-
rights treaty, having been ratified or acceded sion in June 2006, highlights the obligation
to by 192 States. Its 42 substantive articles set of all States to move quickly to prohibit and
out civil, political, economic, social and cul- eliminate all corporal punishment and other
tural rights, formulated to address the special cruel or degrading forms of punishment of
needs of the child, defined by the CRC as every children, focusing on the legislative, aware-
human being under the age of 18, unless major- ness-raising and educational measures that
ity is attained earlier under national law.2 States must take.3
The CRC sets up a framework of legal prin- The General Comment makes clear that the
ciples and detailed standards which should Committee does not reject the positive concept
govern all law, policy and practice affecting of discipline, and recognises that parenting
children. These include the promotion of pre- and caring for children, especially babies and 33
vention of violence, and responses to protect young children, demands frequent physical
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
all children from all forms of violence. action and intervention to protect them. The
Committee indicates that this is quite distinct
Various articles of the CRC assert the rights from the deliberate and punitive use of force
of children to physical and personal integrity, to cause some degree of pain, discomfort or
and establish high standards for protection. humiliation to children.
Article 19 requires that States which are par-
ties to the CRC take “all appropriate legisla-
tive, administrative, social and educational “Addressing the widespread acceptance
measures to protect the child from all forms or tolerance of corporal punishment of
of physical or mental violence, injury or abuse, children and eliminating it, in the family,
neglect or negligent treatment, maltreatment schools and other settings, is not only an
or exploitation, including sexual abuse, while obligation of States parties under the Con-
in the care of parent(s), legal guardian(s), vention. It is also a key strategy for reduc-
or any other person who has the care of the ing and preventing all forms of violence in
child.” The breadth of this obligation has been societies.”
emphasised by the Committee on the Rights Committee on the Rights of the Child,
of the Child. General Comment No. 8, para. 3 4
The Committee has also underlined the
requirement that all violence against children
be prohibited. This includes all forms of cor- Article 28(2) of the CRC requires that school
poral punishment, however light. The Com- discipline be “administered in a manner con-
mittee’s General Comment No. 8 on the Right sistent with the child’s human dignity and
“Children are betrayed every day by silence, inaction, and impunity. Teachers who have sexually
assaulted their pupils continue to teach. Police officers who have tortured children before witnesses
remain on duty. Orphanage staff who subject children to shocking levels of cruelty and neglect suffer
no consequences. Too often, children are victimized twice: first by the initial abuse, and again by the
failure of authorities to hold perpetrators accountable.”
Jo Becker, Editorial Board of the UN Secretary-General’s Study on Violence against Children
in conformity with the present Convention.” of exploitation prejudicial to any aspects of the
In interpreting this provision, the Commit- child’s welfare” (article 36).
tee underlines that it requires States parties
to prohibit corporal punishment and all other Article 38, by which States parties undertake
humiliating and harmful forms of discipline to respect and to ensure respect for the rules of
in the educational context. international humanitarian law applicable to
them in relation to children and armed con-
flicts, recalls the obligations laid down in the
“…Children do not lose their human Geneva Conventions, while article 37 declares
rights by virtue of passing through the that no child shall be subjected to “torture or
school gates. Thus, for example, education other cruel, inhuman or degrading treatment or
must be provided in a way that respects punishment,” nor sentenced to capital punish-
the inherent dignity of the child, enables ment or to life imprisonment without possibility
the child to express his or her views freely of release. Article 37 also prohibits all arbitrary
in accordance with article 12(1) and to or unlawful restriction of the liberty of children,
34
participate in school life. Education must and sets out strict limits and conditions for any
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
also be provided in a way that respects deprivation of liberty, which apply to any restric-
the strict limits on discipline reflected in tion of liberty imposed for ‘welfare’ as well as
article 28(2) and promotes non-violence in for ‘penal’ purposes. Article 39 obliges States to
school…” take all appropriate measures to promote physi-
Committee on the Rights of the Child, cal and psychological recovery and social reinte-
General Comment No. 15 gration of child victims of violence.
Together with article 37, article 40 on the
Articles 32 to 36 entrench the child’s legal administration of juvenile justice sets out
right to protection from various forms of detailed safeguards: children who come into
exploitation: from economic exploitation and conflict with the law should be “treated in a
from “any work that is likely to be hazardous manner consistent with the promotion of the
or to interfere with the child’s education, or child’s sense of dignity and worth,” which,
to be harmful to the child’s health or physi- combined with article 19, requires the State to
cal, mental, spiritual, moral or social develop- ensure that children do not suffer violence at
ment” (article 32); from “the illicit use of nar- the hands of State officials at any stage of the
cotic drugs and psychotropic substances” and system. Treatment and punishments must not
involvement “in the illicit production and traf- involve physical or mental violence of any kind.
ficking of such substances” (article 33); from Wherever appropriate and desirable, there
“all forms of sexual exploitation and sexual should be diversion from judicial systems; for
abuse,” including prostitution and pornogra- children found guilty of infringing the law
phy (article 34); from abduction, sale and traf- there should be alternatives to institutional care,
ficking (article 35); and from “all other forms “such as care, guidance and supervision orders;
2
counselling; probation; foster care; educational any participation in these acts, including
and vocational training programmes.” attempt and conspiracy be penalised in a way
that takes into account the gravity of these
Other provisions of the CRC are relevant
offences. It also requires States to close any
to the protection of children from violence.
premises used for child prostitution and por-
These include civil rights relating to freedom
nography, and to seize and confiscate the pro-
of expression, information, conscience and reli-
ceeds of these activities, as well as any means
gion, association, peaceful assembly, privacy
used to facilitate them, and provides detailed
and access to information (articles 12, 13, 14,
provisions relating to the treatment of child
15, 16 and 17). Article 9 guarantees the child’s
right not to be separated from parents unless victims. The Optional Protocol to the CRC
it is in their best interests. Article 18 provides on the involvement of children in armed con-
that States shall render appropriate assistance flict limits the recruitment of children under
to parents and legal guardians in their perfor- 18 years of age in armed conflict, and obliges
mance of their child-rearing responsibilities; States to provide the children who have par-
35
and under article 20, children deprived of a ticipated in armed conflict with any necessary
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
family environment are entitled to special State physical and psychological rehabilitation and
assistance and protection. Article 25 provides support for reintegration within society.
for a right of periodic review of placement or The Committee on the Rights of the Child
treatment. Obligations relating to adoption are
has identified articles 2, 3, 6 and 12 as pro-
set out in article 21, to refugee children in arti-
viding general principles. In line with article
cle 22, and to disabled children in article 23.
2, all rights in the Convention are available
More general obligations – relevant particularly to all children without discrimination of any
to the prevention of violence – are included in kind, and States parties are required to take all
article 24 on the right to health and access to appropriate measures to protect children from
health services; articles 28 and 29 on the right discrimination.
to education and the aims of education; and
The best interests of the child must be a pri-
article 27 on the right to an adequate standard
of living. mary consideration in all actions concerning
children; thus all public and private bodies,
The CRC is supplemented by two Optional courts and administrative authorities are
Protocols, both adopted in 2000, which pro- required to consider the impact of actions
vide more detailed protection for children from on children in order to ensure that the best
particular forms of violence. The Optional interests of the child are properly considered
Protocol on the sale of children, child pros- (article 3). The child’s inherent right to life
titution and child pornography defines these and maximum capacity for survival and devel-
violations. It also requires States parties to opment, envisaged by the CRC to include
criminalise these activities and requires that physical, mental, spiritual, moral and social
“In bringing to light the many issues of children facing violence, we realize that our plight is part of
a larger worldwide struggle for the realization of human rights. Our cry is not to be treated specially
but, rather, humanely, in accordance with the core values of human dignity that are the cornerstones of
the Universal Declaration of Human rights. As global citizens we demand to be acknowledged as first
and not second class human beings.”
Declaration of children and young people, Regional Consultation, the Caribbean, 2005 II
general principle. Under article 12, the child “Children have rights no way inferior to
has the right to express his/her views freely on the rights of adults. Fiji has ratified the
all matters affecting them and to have their Convention. Our Constitution also guar-
views given due weight in accordance with age antees fundamental rights to every person.
and maturity. Government is required to adhere to prin-
The Committee on the Rights of the Child, ciples respecting the rights of all individu-
which has been considering reports from States als, communities and groups. By their
status as children, children need special
protection. Our educational institutions
“… in conceptualising violence, the critical should be sanctuaries of peace and creative
starting point and frame of reference must enrichment, not places for fear, ill-treat-
be the experience of children themselves. ment and tampering with the human dig-
Therefore children and young people must nity of students.”
be meaningfully involved in promoting
and strategising action on violence against Fiji Court of Appeal, 2002, in Naushad
children”. v. the State, holding that corporal
punishment in schools and the penal
Committee on the Rights of the Child, system is unconstitutional 12
recommendations adopted following the day
of general discussion on Violence against
Children in the Family and Schools, 2001 7
2
INTERNATIONAL CRIMINAL, ficking are also included in the Conventions
on the Elimination of Discrimination against
HUMANITARIAN, REFUGEE
Women and Rights of the Child, and the Inter-
AND LABOUR LAW national Labour Organization’s Worst Forms
The protection provided to children through of Child Labour Convention (1999), No. 182.
human rights provisions is relevant at all In 2000, the General Assembly adopted the
times. At the same time, the Rome Statute of United Nations Convention against Transna-
the International Criminal Court, the four tional Organized Crime and its supplementary
Geneva Conventions of 1949 and their two Protocols: the Protocol to Prevent, Suppress
Additional Protocols of 1977 provide key and Punish Trafficking in Persons, Especially
legal protection to children in internal and Women and Children, and the Protocol against
international conflict. Children who meet the the Smuggling of Migrants by Land, Sea and
definition of a refugee within the 1951 United Air. The Convention provides for coopera-
Nations Convention relating to the Status of tion in investigation, mutual legal assistance,
and extradition where trafficking is concerned. 37
Refugees and its 1967 Protocol have access to
The Trafficking Protocol, now accepted by 105
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
a wide array of rights and protections, includ-
ing legal aid and material protection, as well as States from all regions of the world (as of the
the right not to be returned to the place where 6th of September 2006), includes the first inter-
they face persecution. While not legally bind- national legal definition of trafficking, makes
ing, the 1998 Guiding Principles on Internal provision for assistance and protection of vic-
Displacement consisting of 30 principles, pro- tims of trafficking, and requires States parties
vide protection and assistance for individuals to criminalise this activity, as well as to provide
throughout displacement, and establish guide- assistance and protection for victims. It also
lines for safe return, resettlement and reinte- sets out preventive measures in this context.
gration. The Guiding Principles pay particular Specific rights and protection for children
attention to the rights and needs of children, in the context of work are provided by the
in particular girls, prohibiting sale of chil- numerous conventions elaborated by the Inter-
dren into marriage, sexual exploitation, forced national Labour Organization, with particular
labour and the recruitment or use of children protection being provided by the Minimum
during hostilities. Age Convention (1973), No. 183 and the Worst
Trafficking generally, including the trafficking Forms of Child Labour (1999), No. 182.
of children, is addressed in the first consoli-
dated instrument on this issue, the Convention
for the Suppression of the Traffic in Persons
and of the Exploitation of Others which was
adopted by the General Assembly in 1950.
Provisions directed at the elimination of traf-
“Fundamental rights, children rights are yet to be built, first and foremost at national level.”
Françoise Tulkens, Judge of the European Court of Human Rights, April 2006 III
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
INSTRUMENTS Executive Committee of the United Nations
High Commissioner for Refugees (UNHCR)
International and regional human rights trea- adopted a policy on refugee children in 1993,
ties are supplemented by instruments which, and it has developed guidelines on the protec-
although not legally binding, set standards or tion and care of refugee children, which pro-
elaborate principles which are concerned with the vide detailed guidance aimed at ensuring that
eradication of violence against children. Within child refugees are protected from physical and
the United Nations, rules and guidelines have sexual violence, especially when they are living
been adopted on the administration of juvenile in large refugee camps.
justice (the Beijing Rules, 1985), the prevention
of juvenile delinquency (the Riyadh Guidelines, By becoming party to international and regional
1990) and the protection of juveniles deprived treaties, States incur legally binding obligations
of their liberty. The 1993 United Nations Dec- to respect, protect and fulfil the rights they
laration on Violence against Women defines have said they comply with. They are required
gender-based violence, and provides guidance to refrain from interfering in the enjoyment of
to States on the steps that should be taken to rights, protect individuals from violence by non-
address violence against women and girls. State actors, and take positive steps to ensure
that human rights can be exercised.
The outcome of United Nations world confer-
ences and their reviews by special sessions of Where violence against children is concerned,
the General Assembly also address violence Governments are required to take immediate
against children. The 2002 General Assembly and positive steps to prevent and eliminate
special session on children includes a substan- all forms of violence against children and to
REGIONAL TREATIES RELEVANT TO VIOLENCE AGAINST CHILDREN*
Organization of American States:
Inter-American Convention to Prevent and Punish Torture
Inter-American Convention on the Forced Disappearance of Persons
Inter-American Convention on the Elimination of all Forms of Discrimination against
Persons with Disabilities.
Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women ‘Convention of Belém Do Pará’
African Union:
African Charter on Human and Peoples’ Rights
Protocol to the African Charter on Human and People’s Rights on the Rights of
Women in Africa
African Charter on the Rights and Welfare of the Child
40
South Asian Association for Regional Cooperation (SAARC):
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
The activities of the World Health Assembly in relation to violence against children
also reflect commitment by Governments and constitute a strong platform to address
violence against children which complements human rights.
The public health mandate for addressing violence against children is grounded in the
World Health Organization’s broader mandate for prevention of all forms of violence. The
World Health Assembly, governing body of the World Health Organization, in resolu-
tion WHA 49.25 (1996), declared violence to be a leading worldwide public health prob-
lem and expressed particular concern at levels of violence against women and children; it
urged Member States to assess the problem of violence, and requested that WHO present
a plan of action for the prevention of violence. The World Health Assembly endorsed the
plan of action and called for its further development (resolution WHA 50.19).
41
In response to these resolutions WHO prepared the first world report on violence and
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
health, launched in 2002. The World Report on Violence and Health described the
extent of violence as a global public health problem, set out a public health-oriented
prevention strategy, and made nine recommendations. The report inspired the World
Health Assembly to adopt a resolution (WHA 56.24) urging Member States to promote
the report recommendations, appoint a ministry of health focal point for violence pre-
vention, and prepare a national report on violence and violence prevention.
VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS
Violence against Children. Florence, UNICEF Innocenti violencestudy.org/r27.
Research Centre.
III Council of Europe (2006). Monaco launching
14 UNICEF (2005). UN Human Rights Standards and conference for ‘Building a Europe for and with
Mechanisms to Combat Violence against Children: Children’, 4-5 April 2006. Available at:
A Contribution to the UN Secretary-General’s Study on http://www.coe.int/t/transversalprojects/children/
Violence against Children. Florence, UNICEF Innocenti events/monacoLaunch_en.asp
Research Centre.
15 European Committee of Social Rights (2001).
Conclusions XV-2, Volume 1. General Introduction:
General observations regarding Articles 7 para. 10 and
17, pp 27 et seq.
16 European Committee of Social Rights (2001).
Conclusions XV-2, Volume 1, General Introduction:
General observations regarding Articles 7 paras 10 and
17, p 27.
17 Inter-American Court of Human Rights (2002).
Advisory Opinion OC-17/2002, Legal Status and Human
Rights of the Child. 28 August 2002, paras 87 and 91.
18 African Commission on Human and Peoples’ Rights
(2003). Curtis Francis Doebbler v. Sudan. African
Commission on Human and Peoples’ Rights,
Communication No. 236/2000.
UNICEF/HQ01-0432. Claudio Versiani
Brazil, 2001, Maria (name changed), 6, hides her face in a pillow, in a room at CEDECA, the Centre for the Defense of Children and
Adolescents, in a major city in Brazil. Maria was the victim of child abuse. Behind her is a six-year-old boy who is also being treated at
the centre, to help him recover from abuse of his older sister.
VIOLENCE AGAINST CHILDREN
3
IN THE HOME AND FAMILY
Introduction 47
Human rights instruments 48
Background and context 50
Nature and extent of the problem 50
Physical violence 51
Homicide 51
Non-fatal physical violence 52 45
Neglect 54
Reporting by professionals 85
Intervention in the best interests of the child 85
When alternative care is necessary 87
Advocacy and public education 87
Eliminating harmful traditional practices 88
Improving information for policy development and action 90
Recommendations 92
References 96
“With these two hands my mother holds me, cares for me, this I love.
But with these two hands, my mother hits me – this I hate”
Girl, East Asia and the Pacific, 2005 I
3
INTRODUCTION the adoption of measures to ensure that par-
ents, legal guardians and others do not violate
Families, defined widely, hold the greatest children’s rights. It is obliged to put in place a
potential for protecting children from all forms framework of laws, policies and programmes to
of violence. Families can also empower chil- prevent violence by providing adequate protec-
dren to protect themselves. A basic assumption tion, and responding to violence if it occurs.
of the Convention on the Rights of the Child
(CRC) is that the family is the natural envi- Younger children tend to be more vulnerable
to violence in the home. In some industrialised
ronment for the growth and well-being of all
States, where child deaths are most rigorously
its members – particularly for children – while
recorded and investigated, infants under one
the Universal Declaration on Human Rights
year of age face around three times the risk of
and the International Covenant on Civil and
homicide, almost invariably by parents, than
Political Rights and the International Cove-
children aged one to four, and twice the risk of
nant on Economic, Social and Cultural Rights those aged five to 14.1 While all physical pun- 47
proclaim the family as being the fundamental ishment is degrading, there are other cruel and
Sexual and gender-based violence has pro- and girls are encouraged to be passive, compli-
found implications in the era of HIV/AIDS, ant caregivers. These gender-based stereotypes
and also compromises self-esteem, psychologi- support the use of violence and coercion that
cal and emotional health. The implications perpetuates gender inequalities.
of all forms of home and family violence for
future development, behaviour and well-being This chapter discusses the various types of
in adulthood, and for future parenting, are physical, psychological and sexual violence
profound. In addition, home is the place where that occur in home and family settings, their
gender-based inequalities are first experienced impacts on children, and the wide range of
by children, and where future power-imbal- responses that can be used to reduce and ulti-
anced relationships are modelled, or chal- mately eliminate this violence.
lenged. Boys may be encouraged to become
aggressive and dominant (‘takers’ of care),
48
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
The adoption of the Convention on the Rights of the Child (CRC) in 1989 confirmed
that children too are holders of human rights. The CRC claims, on the one hand, chil-
dren’s right to individuality and to have their views on all matters which affect them
taken seriously; and on the other, in the light of their developmental state and vulner-
ability, rights to special care and protection. The CRC makes clear that wherever pos-
sible children should be raised within their family; and where the family is unable to
care for and protect them adequately, an alternative family-type environment should be
provided. Therefore the CRC uncompromisingly asserts that the family is the primary
site for children’s healthy, loving and safe upbringing. However, this role must be fully
underpinned and supported by the State, including by stepping over the family thresh-
old to intervene when necessary, in the best interests of the child.
The balance between the responsibilities and duties of families and of States to provide
children with the necessary protections for their development is addressed in several articles
of the CRC. Article 18 expresses the balance as follows: “…Parents or …legal guardians,
3
have the primary responsibility for the upbringing and development of the child,” and
in paragraph 2: “… States parties shall render appropriate assistance to parents and legal
guardians in the performance of their child-rearing responsibilities.” Article 3 requires
that “the best interest of the child shall be a primary consideration in all actions con-
cerning children.” Article 9 states: “A child shall not be separated from his or her parents
against their will” except when competent authorities determine that such separation is
necessary in the best interests of the child, including in cases of violence.
The CRC therefore provides clear authorisation to the State to protect children against
all forms of violence in the home and family, and establishes its role as final arbiter of
child welfare in the domestic arena. Article 19 asserts children’s right to protection
“from all forms of physical or mental violence, injury and abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the care of 49
parent(s), legal guardian(s) or any other person who has care of the child.” Articles 20
bers appears to decline after the age of 10, the (as discussed above), in disability, or in severe
data suggest that they face increased risk of physical injury. In other cases, physical vio-
murder by intimate partners (dating partners lence may leave no outwardly visible sign of
or spouses) or by the families of the intimate injury. In all instances, however, physical vio-
partner. Moreover, in regions where early mar- lence has a negative impact on a child’s psy-
riage and so-called ‘honour killings’ against chological health and development.
women are common, it is probable that the
proportion of murders of girls by family mem- Surveys from around the world suggest that
bers may remain stable or actually increase in physical violence against children in the home
the 10 to 14- and 15 to 19-year age groups. is widespread in all regions. For example, in a
Further research is needed to confirm whether survey of students aged 11 to 18 in the Kurd-
this is so. istan Province of the Islamic Republic of Iran,
38.5% reported experiences of physical violence
In some parts of South Asia, high rates of at home that had caused physical injury ranging
52 murder of girls within a few days of birth have from mild to severe.31 A review of research on
been reported, with these deaths often dis- physical victimisation of children in the Repub-
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
guised and registered as a still birth. A study lic of Korea found that kicking, biting, choking
in India, interviewing 1,000 women regard- and beating by parents are alarmingly common,
ing pregnancy outcomes, found that 41% of with a high risk of physical injury – and for a
the early neo-natal female deaths are due to small proportion, disability – as a result.32 In
female infanticide. Although the practice is the UK, a national survey found that moth-
apparently not limited to India, one study in ers and fathers were most often responsible for
Tamil Nadu estimated that 8–10% of infant physical violence, although violence by siblings
deaths in 1995 could have been due to female was also reported.33
infanticide.30 Further research is required to
better understand the nature and extent of the Corporal punishment is defined by the Com-
phenomenon across countries. mittee on the Rights of the Child as “any
punishment in which physical force is used
Non-fatal physical violence
and intended to cause some degree of pain or
Physical violence is the intentional use of phys- discomfort, however light.”34 While growing
ical force against a child that either results in global concern over the prevalence of corporal
or has a high likelihood of resulting in harm punishment in the home – perpetuated by its
to the child’s health, survival, development or widespread legality and social approval – has
dignity. Children around the world experi- fostered interest in understanding its prevalence
ence hitting, kicking, shaking, beating, bites, and forms, it has also generated debate. Most
burns, strangulation, poisoning and suffoca- corporal punishment involves hitting (‘smack-
tion by members of their family. In extreme ing’, ‘slapping’, ‘spanking’) children, with the
cases this violence can result in a child’s death hand or with an implement – whip, stick, belt,
3
shoe, wooden spoon, etc. But it can also involve, There are considerable variations in popu-
for example, kicking, shaking or throwing lar views about the use and effectiveness of
children, scratching, pinching, biting, pulling corporal punishment, according to available
hair or boxing ears, forcing children to stay in studies. While a Canadian study found that
uncomfortable positions, burning, scalding or 59% of people believed that spanking is harm-
forced ingestion (for example, washing chil- ful and 86% that it is ineffective,36 research
dren’s mouths out with soap or forcing them in the USA found that 84% agreed “that it
to swallow hot spices). The Committee com- is sometimes necessary to discipline a child
ments: “In the view of the Committee, cor- with a good hard spanking.”37,38 A study in the
poral punishment is invariably degrading. In Republic of Korea found that 90% of parents
addition, there are other non-physical forms of thought corporal punishment ‘necessary’.39 In
punishment which are also cruel and degrading a report from Yemen, almost 90% of children
and thus incompatible with the CRC. These said that physical and humiliating punishment
include, for example, punishment which belit- is the main method of discipline in the family,
tles, humiliates, denigrates, scapegoats, threat- with the most common form being beating. 53
ens, scares or ridicules the child.”35
The Save the Children Alliance conducted research on physical and humiliating pun-
ishment with children around the world as a special contribution to the Study. The
resulting report found that overwhelmingly, the children disagreed with the idea that
such punishment accomplished anything positive. The report suggested that while
children may comply with adults’ wishes immediately after being hit, “young children
frequently do not remember why they are hit, and children will only refrain from the
misbehaviour if they face an imminent threat of being hit. This sort of punishment
frightens children into certain behaviours: it does not help children to want to behave,
or teach them self-discipline or promote any alternative.”41 In a survey undertaken by
UNICEF in Europe and Central Asia, over 75% of children said that ‘hitting’ was
‘never’ a good solution to problems at home.42 In Regional Consultations for the Study,
children repeatedly called for other methods of discipline, including being offered a
proper explanation of what they had done wrong. They underlined how hurtful it was
to be hit and humiliated by those who professed to love and care for them.
NEGLECT vices less often, and later in the course of any
illness.45 A study from Nepal into outcomes of
Neglect is an important contributor to death polio infection in the population found that
and illness in young children. Neglect means several years later, the survival rate of boys was
the failure of parents or carers to meet a child’s twice that of girls, despite the fact that polio
physical and emotional needs when they have affects equal numbers of males and females,
the means, knowledge and access to services thus suggesting gender bias in care.46 In China,
to do so; or failure to protect her or him from the sex ratio is unbalanced in favour of boys
exposure to danger. However, in many set- (117 to 100), with this being contributed to by
tings the line between what is caused deliber- infanticide.47
ately and what is caused by ignorance or lack
of care possibilities may be difficult to draw. SEXUAL VIOLENCE
The degree to which neglect influences child
mortality rates in many parts of the world The WHO estimates that 150 million girls
54 is unknown (with exceptions, including the and 73 million boys under 18 have experi-
‘missing girls’ phenomenon; see below). enced forced sexual intercourse or other forms
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
with familial sexual violence against children reported childhood sexual abuse. Of
foster a pervasive culture of silence, where chil- these, 66% and 54% reported that a
dren cannot speak about sexual abuse they have family member was the perpetrator.
suffered, adults do not speak about the risk of • In Namibia, 21% of the women
sexual violence in the home, and where adults reported childhood sexual abuse. Of
do not know what to do or say if they suspect these, 47% indicated that a family
someone they know is sexually abusing a child. member was the perpetrator.
• In the two Peruvian sites, city and
Most children do not report the sexual vio- province, 19.5% and 18% of the
lence they experience at home because they are women reported childhood sexual
afraid of what will happen to them and their abuse, with 54% and 41% of the
families, that their families will be ashamed or perpetrators being family members.
reject them, or that they will not be believed.
Adults may also fail to report such abuse. In The most commonly reported perpetrators of
communities and families with rigid norms sexual violence towards girls were male family 55
about masculinity, femininity and family members (brothers, uncles), followed by step-
immediate family member prior to the In some cultures, suspected loss of virginity of
age of 16. A further 36.2% reported a female member of the family, including as
sexual abuse by a relative at least once. a result of rape, is perceived as compromising
Males and females reported similar family honour, and may lead to her murder by
rates of childhood sexual abuse.57 family members. In Pakistan, human rights
• In a study of university students in the organisations report that there were over 1,200
Hong Kong Special Administrative cases of so-called ‘honour killings’ in 2003
Region of China, 4.3% of males and alone.62,63 They also occur in Jordan, India,
7.4% of females reported experiencing Libyan Arab Jamahiriya, the Occupied Pal-
one or more incidents of sexual violence estinian Territory, Turkey, Iraq, and Afghani-
before the age of 17 years. Perpetrators stan; and in countries with populations origi-
were strangers in less than one-third of nally from Asia and the Middle East. UK data
cases.58 suggest that around 12 of these killings occur
• An analysis of child protection files in there every year.64 These deaths are thought
56 Spain from 1997 and 1998 showed that to represent only the extreme end of a much
3.6% of abuse cases involved sexual larger problem of intimidation and violence.65
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
riage of girls under the age of 16, and some Physical violence against married girls by their
forbid marriage under the age of 18, such laws spouses can include pushing, shaking, slap-
are frequently ignored: marriages are not regis- ping, punching, biting, kicking, dragging,
tered, customary or religious rules are accepted, strangling, burning, and threatening/attack-
with few cases resulting in court proceedings. ing with a weapon. In societies with a custom
of dowry, intimate partner violence against the
It is estimated that, globally, 82 million girls now young bride can result from her family’s failure
between 10–17 years of age will marry before to pay the dowry, or her husband’s or in-laws’
their 18th birthday.71 This includes significant dissatisfaction with the amount.
numbers of girls married at much younger ages.
In Nepal, for example, 7% of girls are married Studies of domestic violence and dowry-related
by the time they are 10, and 40% by the age harassment show that close relatives, especially
of 15.72 In the Amhara region of Ethiopia, 40% members of the husband’s family, play impor-
of girls in rural areas are married by the age of tant roles in perpetrating violence against
58 15,73 in some cases following abduction and rape women. Often the perpetrator is the husband,
in order to avoid bride price. In all such cases, assisted by the mother- in-law.75 However,
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
the notion of consent to the marriage by either in some cases the husband’s relatives are the
partner, especially the girl, and to the sex within main perpetrators of violence and harass-
it, does not apply. In settings where a girl is sent ment against the young bride.76,77,78 A study
to her in-laws once agreement between the fami- from India revealed that, among women who
lies with respect to the marriage has been made, reported physical violence and harassment due
sex within the union often begins at the age of to dissatisfaction with the dowry, the family
10 or 11, before the girl has menstruated. member who most frequently harassed was the
mother-in-law (95%), followed by the hus-
Physical, sexual and psychological band and father-in-law (72% each), sister-in-
violence law (49%), and brother-in-law (14%).79
Married girls experience a significant amount Many married girls experience sexual violence
of violence from their husbands. A recent from their partners; they may be physically
analysis of Demographic and Health Surveys forced, or threatened into having sexual inter-
(DHS) data showed that spousal violence had course against their will, or they may have
been experienced in the previous 12 months by sexual intercourse because they are afraid of
4% of girls aged 15 to 19 in Cambodia, 15.4% what their partner will do if they refuse, or
in the Dominican Republic, 21.0% in Egypt, they may be forced to do something sexual
25.4% in Haiti, 10.4% in India, 18.2% in that they find degrading or humiliating. In
Nicaragua, and 33.3% in Zambia.74 In these societies where the cultural norm is for men to
countries, younger women and women who have unlimited sexual access to women upon
married at the earliest ages reported the most marriage, married girls are likely to experience
intimate partner violence. forced and traumatic sexual initiation.80
3
FIGURE 3.1
0 20 40 60 80 100
Source: UNICEF (2005). Early Marriage - a harmful traditional practice. A Statistical Exploration.
New York, UNICEF. Data analysed from 1996 - 2003
Psychological violence, by spouses, against serious health problems: cardiovascular dis-
married girls includes humiliation, threats ease, hypertension and diabetes.
against her or someone close to her, and con-
trolling behaviours. Where a girl flees a vio- Female genital mutilation/cutting
lent marriage and returns home, she may be (FGM)
rejected by her parents and beaten for inad- The term ‘harmful traditional practices’ is most
equacy as a wife.
frequently used to refer to female genital muti-
lation, or ‘cutting’ as it is described in areas
HARMFUL TRADITIONAL PRACTICES where it is practised. According to a WHO
In some settings, cultural traditions include estimate, between 100 and 140 million girls
practices which inflict pain and ‘disfigure- and women in the world have undergone some
ment’ on children, such as scarifying, brand- form of FGM.82 Girls from very young ages up
ing, or tattooing. Although the term ‘harm- to their mid or late teens undergo this form of
60 ful traditional practices’ has been particularly genital excision, normally including the clito-
associated with FGM of girls, there are many ris, as a precursor to marriage.83 FGM is seen as
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
other harmful practices involving both boys a protection of virginity, a beautification pro-
and girls. In Ethiopia, a 1998 survey by the cess, and in a number of cultures is regarded as
National Committee on Harmful Traditional an essential precondition of marriage.
Practices found that uvulectomy (removal of
flesh from the soft palate at the back of the There are different forms of FGM, some of
mouth) is carried out on 84% of children, which involve more radical excisions in the
and milk teeth extraction on 89%.81 These genital area than others. In its most extreme
operations may be performed with unsterilised form (infibulation), the internal labia minora
instruments, leading to potential infection. and external labia majora are cut and the
exposed edges sutured together, leaving the
Participants in the West and Central African vagina almost shut. Following the procedure,
consultations for the Study expressed con- the girl’s legs are normally bound from foot to
cern that in West African countries includ- hip, immobilising her for days to enable scar
ing Mauritania, Niger and northern Mali, the tissue to form.84 This form of the operation is
desire to marry their children at a very young endured by 90–98% of Somali girls, usually at
age incites parents to force-feed their 5–10- the age of 7 or 8 years.85 There are profound
year-old daughters to promote their physical implications for a woman’s experience of sexual
development, make them as plump as mature relations and maternity. Prolonged labour
women, and therefore pleasing to men. This and stillbirth are common. After delivery, the
may have tragic consequences, including rejec- woman is usually ‘re-sewn’.
tion by husbands who find their wives have not
menstruated and cannot produce children, as The most reliable and extensive data on the
well as obesity which is associated with later prevalence and nature of FGM are provided
“My grandmother arrived. She told me I was to be circumcised but I did not understand.
She said: “Now you will be like everybody else, you will not be left behind.” Then they got ready.
3
They held me at my shoulders and at the knees, and I started crying and trying to close my legs.
It was very terrible. I can never forget that.”
Mother, who will still submit her daughters to the FGM due to pressure
from her mother-in-law, Eastern and Southern Africa, 2005 VII
by DHS and Multiple Indicator Cluster Sur- rimental to a child’s psychological development
veys (MICS). However, the practice varies and well-being. Standard definitions are lack-
considerably in degree of severity of mutila- ing, and little is known about the global extent
tion, and some of the countries in which it is of this form of violence against children except
most frequently practised and in its severest that it frequently accompanies other forms: a
forms have not been subject to DHS or MICS, strong coexistence between psychological and
notably Somalia and Djibouti (see Figure 3.2). physical violence against children in violent
Estimates from UNICEF published in 2005 households has been established.89 In the violent
suggest that in sub-Saharan Africa, Egypt and family setting, there is constant fear and anxi-
the Sudan, 3 million girls and women are sub- ety caused by the anticipation of violence; pain,
jected to FGM every year.86 humiliation and fear during its enactment; and,
The highest prevalence is in the countries in the in older age groups, the loneliness of parental
Horn of Africa (Somalia, Ethiopia, Eritrea and rejection, distrust, and at times self-disgust.
Djibouti), followed by neighbouring Egypt and Psychological violence may be the product of 61
Sudan, East and West Africa, with some cases uncontrolled frustration, or it may have a similar
FGM/C practiced,
80
80 77 no DHS or MICS data
73 71 FGM/C not practiced
66
63
Percentage
60 58
62 54
47 48
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
45 45
40 36
32 32
24 23
21 20 19
20 18 17
10
7 6 5 5
3
1
0
Cote d'Ivoire
Eritrea
Guinea
Egypt
Sudan (North)
Ethiopia
Mauritania
Chad
Burkina Faso
Kenya
Yemen
Nigeria
of Tanzania
Benin
Niger
Ghana
Cameroon
Mali
Central African
Republic
United Republic
Data are from latest available years, 1996–2004. Adapted from UNICEF (2005). Changing a Harmful Social
Convention: Female Genital Mutilation/Cutting. Innocenti Digest, No. 12. Florence, UNICEF Innocenti Research
Centre; UNICEF (2005). Female Genital Mutilation/Cutting: A Statistical Exploration. New York, UNICEF.
The most reliable and extensive data on prevalence and nature of FGM are provided by
DHS and MICS. However, the surveys do not capture the degree of severity of mutila-
tion, which varies considerably between and within countries. In addition, some of the
countries in which FGM is known to be most frequently practised in its severest forms,
such as Somalia and Djibouti, have not been subject to DHS or MICS.
3
One type of punishment may give way to painful and degrading treatment that they
another, depending on age. A study conducted cannot understand and are powerless to pre-
among 2,000 children aged six to 18 in Swa- vent. These consequences include feelings of
ziland found that humiliating psychological rejection and abandonment, impaired attach-
punishment was more common against older ment, trauma, fear, anxiety, insecurity and
children, and corporal punishment more shattered self-esteem. When a parent delib-
common among younger ones.92 erately inflicts pain on a child, whether for
punishment or for some other reason, part of
the child’s lesson is that the parent is a source
THE CONSEQUENCES
of pain to be avoided; even at two years old,
OF VIOLENCE AGAINST physically punished children distance them-
CHILDREN selves from mothers compared to children who
are not physically punished.93
The consequences of violence against children
include both the immediate personal impacts Impacts and consequences are complicated by 63
and the damage that they carry forward into the fact that, at home, children are victimised
the violence, the higher this risk.95,96 The obesity and chronic reproductive health prob-
effects may also be influenced by how adults lems.99,100,101 The links may result from harm-
respond to children if they try to talk about ful behaviours adopted as coping mechanisms
what they have experienced. Other variables such as smoking, drinking, substance abuse,
will include how long the violence has gone bingeing or other poor dietary habits.
on, where it has taken place, and whether the
child is suffering from repeated violence from Violence against children can also have a last-
the same person, or whether he or she is being ing impact on mental health.102 A study com-
‘re-victimised’ by another perpetrator.97 paring data from around the world shows that
a significant proportion of adult mental disor-
According to WHO, the negative effects to ders are connected to sexual abuse in childhood
children of living in a violent household are (see Table 3.1).103 Although the prevalence of
similar across culturally and geographically abuse varied in different regions, the impacts
diverse settings. Based on studies of women in appeared similar, with mental health effects
64 Bangladesh, Brazil, Ethiopia, Japan, Namibia, being worse in relation to the period over which
Peru, Samoa, Thailand and the United Repub- abuse continued and degree of severity.
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
3
sent to jail. But I cannot stay where I live anymore. You know what they call me here?
They have nicknamed me the “tainted” (la déchirée)…even when I go to the well to
get water the kids call me that. I want to run away from here”.
Girl, 8, Eastern and Southern Africa, 2006 VIII
TABLE 3.1 – Global burden of mental disorder attributed to child sexual abuse
Canada, almost all boys involved in prostitution disability, psychological costs or other impacts
there have been sexually abused at home.116 on a victim’s quality of life; the disruption
or discontinuation of education; and pro-
A number of studies have focused on the inter- ductivity losses in the future life of the child
generational nature of violence.117 Recent data
or young person.122 The potential financial
from an international study in Australia, Costa
burden is illustrated by data from a few indus-
Rica, the Czech Republic, Poland and the Phil-
trialised societies. The financial costs associ-
ippines indicates that the problem is common
ated with child abuse and neglect, including
across cultures and regions.118 Women in all
future lost earnings and mental health care,
countries who have experienced physical vio-
were estimated in the USA in 2001 at US$
lence from their parents in childhood are con-
siderably more likely to report physical violence 94 billion.123 In the UK, an annual cost of
from an intimate partner as an adult, support- US$ 1.2 billion has been cited for immediate
ing the notion of a life-course perspective of welfare and legal services alone.124
66 violence119 (see Figure 3.3).
FACTORS CONTRIBUTING
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
67
FIGURE 3.3
60
33
27 28
21
20
15 15
13
9 8
0
Costa Rica Czech Republic Australia Poland Philippines Switzerland
(N=820) (N=1860) (N=6378) (N=2177) (N=1917) (N=1975)
Source: Johnson H et al. (forthcoming). Violence Against Women: An International Perspective. New York, Springer.
“When the head of the household has a bad day, the dog cries.”
From an Asian proverb, Regional Consultation, South Asia
Sex: A child’s sex may also be a factor which raises ceptibility.129,130,131 For example children who
his or her risk of victimisation. Although sexual are unwanted, born prematurely or are of low
violence is frequently directed against boys, girls birth-weight or part of a multiple birth, and
are more likely to suffer such abuse. Daughters children with chronic illness or serious behav-
are more likely to be severely neglected in soci- ioural problems may be at increased risk of
eties where son preference is pronounced, while maltreatment.
in some societies sons are more likely to experi-
ence severe violence than daughters. FAMILY-RELATED FACTORS
Other characteristics: Children with disabili- Parent characteristics and socio-economic
ties are at heightened risk of violence for a vari- status: While violence in the home is found in
ety of reasons, ranging from deeply ingrained all social and economic spheres, studies from a
cultural prejudices to the higher emotional, range of different settings show that low parental
physical, economic, and social demands that a
education levels, lack of income, and household
68 child’s disability can place on his or her family.125
overcrowding increase the risk of physical and
In the USA, children with physical, sensory,
psychological violence against children.132,133,134
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
that they might be silenced or lose essential tional disturbances; without intervention they
support.141 Orphanhood can also increase the may go on to be future perpetrators or victims
risk of violence in community settings. of violence.150,151
Exposure to intimate partner violence in the Since they spend more time at home, chil-
home: It is estimated that 133 to 275 million dren in the early years – when they are most
children witness violence between their par- subject to influence by external factors and
ents/carers annually on a frequent basis, usually liable to be more overwhelmed by fear – are at
fights between parents, or between their mother particular risk of witnessing intimate partner
and partner (see Table 3.2).142 Children can violence. Such children may also learn pow-
be psychologically and emotionally damaged erful lessons about aggression in interpersonal
by witnessing violence against another family relationships which they carry with them into
member.143 Evidence from a range of studies their future. Child development specialists
shows that witnessing of this violence over a suggest that hostile styles of behaviour, emo-
70 long period of time can severely affect a child’s tional regulation and the capacity for personal
well-being, personal development and social conflict resolution are shaped by parent–child
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
Laws and policies relating to access to family children and families without economic and
planning services, alcohol availability, accept- social safety nets exacerbate family stress and
able levels of environmental toxins, access to social isolation and contribute to higher rates
mental health and substance abuse treatment, of violence against children.
and access to birth, death and marriage reg-
istration, have an indirect but substantial Authoritarianism: Where parent–child
impact on the risk of child maltreatment in relationships are excessively controlling and
homes and families. Policies regarding edu- afford a low status to children, this is likely
cation, child care, parental leave, health care, to increase violence, particularly when coupled
unemployment and social security that leave with the belief that corporal punishment or
other humiliating forms of punishment are a because of a confluence of other risk factors
necessary means of discipline. Several studies associated with the social exclusion of these
have suggested that a culture in which chil- groups. These include high rates of substance
dren are expected to submit without question abuse and alcoholism, poverty, bad housing,
to the injunctions of older family members and unemployment.
and adults in authority contribute to children’s
vulnerability.154,155 Where parents believe they PROTECTIVE FACTORS WITHIN
‘own’ children and have the right to do to them THE HOME
whatever they think best, there is resistance to
State involvement in child protection. Belief in Just as certain factors increase the likelihood
the sanctity of the family makes authorities, of family violence against children, other
neighbours and members reluctant to speak factors can reduce its likelihood. Not every
up when they know children are being victim- family with the risk factors described above
ised.156,157,158,159,160 This should not be confused becomes a violent environment for children.
72 Unfortunately, there has been little system-
with authoritative parenting, which balances
atic research on protective factors and they are
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
to doing so as the Study has progressed. All cruel or degrading punishment made explicit.
States have laws making assault a criminal
Between 1996 and 2006, the Committee on
offence and many Constitutions prohibit
the Rights of the Child has recommended to
cruel, inhuman or degrading punishment;
130 countries that they take steps to prohibit
many have laws which prohibit cruelty, mal-
all corporal punishment. In 2006, the Comm-
treatment or ‘abuse’ of children. But these laws
ittee adopted a General Comment – a state-
are not interpreted as prohibiting all violence ment of its authoritative interpretation of the
against children, and in many States legisla- CRC – on the right of the child to protection
tion contains justifications or defences for from corporal punishment and other degrad-
corporal punishment. Most countries prohibit ing forms of punishment.171 The Committee
incest, rape and other sexual assaults; many emphasises that the first purpose of law reform
also specify a minimum age of sexual consent to prohibit all corporal punishment within
and of marriage, although this is often below the family is preventive: “to prevent violence
the age of 18. Most countries where FGM is against children by changing attitudes and
practised now have laws against it.170 However, practice, underlining children’s right to equal
laws on violence against children are not effec- protection and providing an unambiguous
tively implemented in many places because foundation for child protection and for the
of the strength of traditional attitudes and in promotion of positive, non-violent and partici-
some cases because of the existence of religious patory forms of child-rearing.” 172
or customary legal systems.
The Committee also emphasises that the prin-
ciple of equal protection of children and adults
3
from assault, including within the family, does professional education. Laws passed to reflect
not mean that all cases of corporal punishment CRC obligations which are not linked to wide-
of children by their parents that come to light spread public education and which clash with
should lead to prosecution of parents: “The de cultural norms and accepted practices may be
minimis principle – that the law does not con- systematically ignored. Combating harmful
cern itself with trivial matters – ensures that traditional practices such as FGM, for exam-
minor assaults between adults only come to ple, cannot be achieved by legal change alone,
court in very exceptional circumstances; the even though legal systems should and must
same will be true of minor assaults on children. condemn them. Legal change must be accom-
States need to develop effective reporting and panied by education programmes directed at
referral mechanisms. While all reports of vio- officials, parents and children.
lence against children should be appropriately
investigated and their protection from signifi- In some cases, legislation exists but is insuffi-
cant harm assured, the aim should be to stop cient; imprecise or insensitive implementation
parents using violent or other cruel or degrad- of it can compound children’s victimisation 75
rather than relieve it. Some existing legislation
Sweden was the first State to prohibit all corporal punishment. In 1957, a provision was
removed from the Criminal Code which excused parents who caused minor injuries in
the course of ‘discipline’. In 1979, Sweden explicitly prohibited corporal punishment
in its Parenthood and Guardianship Code: “Children … may not be subjected to cor-
poral punishment or any other humiliating treatment.”
Sweden’s experience shows that when progressive law reform is linked to comprehensive
public education, substantial changes in attitude and reductions in violence against
children can be achieved within decades. In 2000, a parliamentary committee enquired
into the experiences of parents and children with corporal punishment since the ban.
The data indicate that its use has decreased dramatically, particularly in relation to beat-
76 ing children with fists or with an implement, or ‘spanking’ them. In national parental
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
studies in 1980, 51% of parents said that they had used corporal punishment during the
previous year; 20 years later, in 2000, this figure had decreased to 8%.174
factors and strengthen protective factors. Fac- address the underlying community and soci-
tors such as alcohol availability, family plan- etal factors that allow violence to thrive.
ning services, pre- and post-natal care, social
To maximise effectiveness, prevention strategies
security, mental health and substance abuse
should be based on the best available scientific
treatment, birth, death and marriage registra-
evidence, aim to reduce factors contributing to
tion, and levels of environmental toxins are
risk and strengthen protective factors, include
just a few examples of important factors that mechanisms for evaluating the impact of the
are sensitive to legal and policy reform. strategy, and be carried out within a broader
framework for addressing violence against chil-
PREVENTION STRATEGIES dren. Promising strategies to prevent violence
What many do not realise, but which research against children in the home and family con-
text are many and varied, ranging from pro-
continues to show, is that a variety of inter-
grammes with a direct impact, such as parent-
ventions can prevent violence: violence against
ing training, to policies with a more indirect
children in the home and family setting can
impact, such as those governing alcohol avail-
be reduced significantly by the implementa-
ability or access to family planning services.
tion of laws, policies and programmes which
strengthen and support families, and that
3
Support for parents and families or labelling by the routine checks on moth-
ers and children through maternity services,
Maternal and child health services promoting safe pregnancy and childbirth, and
Services for reproductive and maternal and through home visits by health workers. These
child health are the first line of action to reduce give an opportunity to provide parent educa-
neglect and violence against children from tion, and to direct resources to ‘high priority’
their earliest moments of life. These services families by identifying known risk factors and
not only provide the possibility of preventing offering additional services.
unwanted pregnancies and improving access to Home visitation and
prenatal, post-natal and early childhood health parent education programmes
care, but can also help strengthen early attach-
ment and reduce the risk of parental violence Programmes focusing on family functioning,
against young children. Most countries pro- particularly on family management, problem-
vide maternity services and some have home solving, and parenting practices, have existed for
77
visitation programmes for newborns by health several decades. There is strong and consistent
year of the child’s life, actively promote positive it is clear that family doctors and nurses who
health behaviours, support the family in stress attended the training programme are more
management, and address a range of issues that likely to engage in parent education. This ini-
are important to the family.178,179 Programmes tiative includes a specific focus on protecting
should be flexible in order to adjust to the children from all forms of violence, including
changing needs of families. physical punishment and other humiliating
forms of discipline.182
Parenting education, another successful and
widely used prevention strategy, can be offered In developing countries, parenting courses are
either in the context of home visitation pro- offered by community-based parents’ centres.
grammes or independently. Programmes usually For example, services offered by The Parent
educate parents about child development and Centre in Cape Town, South Africa include
aim to improve their skills for behaviour man- the following:183
agement. Parents’ and caregivers’ positive behav-
iour management skills can be improved by • Parent groups for mothers and babies,
developing an understanding of the importance mothers and toddlers, and single
of follow-through and consistency, rewarding parents
and reinforcing positive behaviour, strategically • Post-natal depression support
ignoring minor negative behaviours, giving • Training on effective discipline for
effective instructions, and implementing non- toddlers
violent consequences for misbehaviour.180 Par- • Training for parents of under-5s, under-
enting programmes should strive to strengthen 12s, and teenagers
the skills of both mothers and fathers. • Counselling for parents and caregivers
3
• Home visitation specifically to prevent in reducing the factors that engender violence
family violence against children in the home. In the UK, for example, a review
• Training for professionals and para- of day-care programmes for pre-school chil-
professionals who work with children. dren of economically disadvantaged parents
found that the effects on the mothers’ interac-
Early education and child care programmes tion with their children were positive, and that
the mothers’ gains in education or employment
Many families need help in providing not only were beneficial for their families. Long-term
basic care but also stimulation and educa- benefits to children included improved behav-
tion for their children. Early Childhood Care ioural development and school achievement,
and Development (ECCD) programmes are higher levels of employment, lower teenage
designed to achieve both of these objectives, pregnancy rates, higher socio-economic status,
and there is evidence that they can be effective and decreased criminal behaviour.187
79
TRIPLE P: POSITIVE PARENTING PROGRAMME
tive strategy against violence. Support mecha- ter on violence against children in schools and
nisms that allow parents to take a break from educational settings.)
child care, organised through religious bodies,
NGOs, or through a State agency, may help In a number of countries, stimulated by the child
prevent violence against disabled children.188 rights movement, children’s and adolescents’
FATHERING
Since 2003, Save the Children Sweden in South and Central Asia has included working
with men and boys in its regional strategy, in the belief that many males are uncom-
fortable with constructs of masculinity which tolerate violence against women and
children. Working to support alternative constructs with men and boys as partners
is now being explored in the region. Workshops on working with men and boys have
been conducted to enlist them in efforts to reduce violence against girls, boys, women
and other men. Input has been sought from the White Ribbon Campaign, the longest-
standing organisational effort among men to reject violence against women, which
today has a network in 47 countries throughout the world, including South Africa,
South Asia, New Zealand, Tonga, Brazil, Germany, and the Nordic countries. Coun-
try-based workshops have also been held, and in Bangladesh, a non-governmental
organisation (NGO) network on the issue has been formed. Increasing the focus on
the socialisation of boys is now seen as the challenge.186
3
“We are at a disadvantage because of our age. Adults don’t believe what we say when something like this
happens. That’s why we don’t say anything. I have a girlfriend whose stepfather touches her and she was
even punished when she told her mother about it”
Boy, 15, Latin America
own organisations have developed and become of programme planning and interventions with
active during the past decade. These organisa- children, child-friendly methodologies for con-
tions have enabled many of their members to sultation and action-research have been devel-
gain confidence, articulate their problems, and oped. These, coupled with counselling and
in solidarity with others, undertake actions communications skills, have also been used
designed to reduce acts of violence that have to enable children to open up to adults they
either been threatened or carried out against regard as safe about their intimate and pain-
themselves or other children. Some, such as ful experiences. In some small-scale examples,
the Girls’ Advisory Committees in Ethiopia, notably in India and Brazil, children who have
target specific problems such as child marriage been trafficked by their families and have few
(see box on next page). Although there is evi- trusting relationships with adults have organ-
dence that these school-based programmes can ised themselves to provide mutual support and
reduce the risk of childhood sexual victimisa- avoid further exposure.191
tion in the community, it is not clear whether
this embraces family-related sexual abuse.189 Child helplines are gradually becoming more 81
Child participation activities based on schools common: as already noted, discussion in con-
boys) who might be vulnerable to forced early marriage. The creation of Girls’ Advi-
sory Committees (GAC) is an innovation in Ethiopian primary schools aimed at pre-
venting child marriage and other forms of gender discrimination.
The Girls’ Advisory Committee is not a club, but a school committee linked to the
Parent–Teacher Association. GACs work to create a more positive environment for
children at home and at school, by awareness-raising and other means. They vary in
composition, but include male and female students, sometimes a community member,
and a female teacher as advisor. The student members act as links between families in
the community and the school, reporting on upcoming child marriages, abductions,
teasing, harassment, and extended absence of girls from school.
Where an impending marriage of a young girl is reported, the GAC visits the parents to
attempt to dissuade them. If they refuse to listen, the GAC asks the parents to come to
the school. The teachers then ask the parents to cancel the marriage, explaining that it
is illegal. This is normally successful. Mothers are reported as saying they are glad that
their daughter has escaped the life they were forced into, but they would not be able to
protest the marriage without the backup of the school.
This example of child-led activity illustrates the necessity of an integrated approach,
whereby children’s efforts are backed up by authority figures such as schoolteachers,
and the law.190
3
For example, environmental health initia- gation and follow-up. Ideally, legal measures
tives that remove lead and other environmen- should be implemented in tandem with health
tal toxins from communities can lead to less and social support approaches. Support and
physical violence against children by reducing assistance without adequate protection can
the rate of foetal brain damage and subsequent endanger the child’s well-being and develop-
cognitive disorders such as Attention Deficit ment; but a legal focus on investigation and
Disorder (ADD) and hyperactivity, thereby protection with insufficient follow-up and par-
decreasing the number of children with high- allel treatment can lead to severe and lasting
risk characteristics. Similarly, limiting access damage both to the child and to the family.
to alcohol, for example through controlling
the number of alcohol outlets or raising prices, Research is urgently needed to identify effec-
may help prevent child maltreatment.193 Simi- tive support, help and treatment-oriented
lar efforts in developing countries could reduce approaches to child protection and how they
alcohol-related violence against children, might be implemented in both high- and low-
resource settings. Although rooted in human 83
although these measures should be considered
The Child Protection Unit (CPU) of the Philippines General Hospital uses a multi-
sectoral approach towards comprehensive medical and psychosocial services for mal-
treated children and their families. The aim is to prevent further maltreatment and to
start the process of healing. In 2005, the CPU cared for 972 new cases of maltreated
children, 81% of whom had been sexually abused.
From the first point of contact through a long follow-up, the CPU provides qual-
ity care using a multisectoral approach which coordinates the actions of the health,
legal and social sectors through CPU’s case management system. The CPU provides
86 legal and police services, judicial hearings, medical services, guidance and support to
the child and next of kin, as well as therapy or referral to other specialised medical
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
services, when necessary. The CPU also provides other social services to very poor
families, including grants for the child’s school-related costs and interest-free loans for
livelihood assistance. Parenting classes help parents manage their expectations of their
children, help them to better understand their children’s behaviour, and adjust their
methods of discipline accordingly.
Each child has a CPU case manager to coordinate all services received by the child and
the family, and to facilitate and monitor child safety placement, legal assistance and
mental health care. Case managers work with the children and families for as long as
is necessary.200
violence. The Ministry of Labour and Social has to be found between various potentially
Welfare has since adopted these protocols, and competing demands – such as the need to pro-
decided to establish teams in all Social Welfare tect the child and the wish to keep a family
Centres by 2009.201 intact. The least detrimental alternative to the
child and the least intrusive alternative for
Child protection service agencies may inves- the family should be employed, as long as the
tigate and try to substantiate reports of sus- child’s safety can be assured. Consideration
pected violence. If the reports are verified, must be given to the concerns and desires of
then the staff of the child protection services the child in all decisions about interventions,
choose the appropriate course of action. Such taking into account the context of the child’s
decisions are often difficult, since a balance developmental stage, emotional health, and
“I remember being a foster child on another reserve as a child. I had been strapped…never understood
the reasons why or what I had done wrong, I do remember the fear and pain.”
Youth leader, North America, 2005 XI
3
the healthy or unhealthy bonds between the should take precedence over temporary
child and other family members. solutions
• National solutions are generally
When alternative care is necessary preferable to those involving another
Removing a child from the family should be a country (e.g. international adoption).
last-resort intervention. Ideally, services should All forms of alternative care involve risk for the
be available to support those parents who are child, including risk of further violence, exploi-
failing to cope with the demands of parenting. tation and other violations of the child’s rights.
Only when the child appears to be at imme- It is therefore important that States register
diate risk of significant harm, the parent is and regulate all forms of alternative care, with
assessed as not responding to other interven- continuous monitoring of children’s placement
tions, or appears unable to change within the and treatment, and with the full participation
developmental time frame of the child, should of the child. (See also the chapter on violence
long-term alternatives (i.e. long-term fostering against children in care and justice systems.)
87
or adoption) be considered.
their views and feelings about the violence they • Harmful traditional practices
had experienced at home. In all regions, NGOs • Gender-based violence
have begun to undertake participatory research • The role of men and boys in preventing
into violence against children in the family, in violence
which boys and girls are involved not only as • The effects of HIV on the
respondents but as co-researchers. Besides giving stigmatisation of children and their
children the opportunity to talk about the puni- increased vulnerability to violence.
tive behaviour of parents and other caregivers,
such exercises challenge the silence surrounding Children and adolescents have a very impor-
family violence, and contribute to the under- tant part to play in advocacy on issues that
standing of the nature and dimensions of child concern them. (See the chapter on violence
abuse and its effects. These exercises are of pri- against children in the community.)
mary importance in providing a basis for aware- Eliminating harmful traditional
ness-raising campaigns and workshops.203,204 practices
88
At every Regional Consultation, adults and Efforts to eliminate harmful traditional prac-
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
children alike expressed the urgent need for tices have illustrated the importance of inter-
advocacy strategies to change cultural norms in vening at multiple levels – parents and families
order to end violence against children. Outcome will find it hard to change their behaviour if
documents from the consultations and thematic
the norms and behaviour in the wider com-
working groups emphasised that advocacy should
munity do not change. Bringing an end to
target policy-makers, parents, and children, and
FGM requires clear prohibition, education and
that advocacy on the following themes would
awareness-raising within families and commu-
help prevent family violence against children:
nities, and community mobilisation (see box).
• Children’s rights, including their right Triggering changes in community knowledge,
to protection from all forms of violence beliefs, attitudes and practices is the key to
• Harmful consequences of corporal success.205 This requires an advocacy strat-
punishment and other forms of cruel or egy in which religious and community lead-
degrading punishment, and the need ers, health professionals and a variety of actors
for parents to develop positive, non- participate; persuading individual parents or
violent relationships with their children mothers is not sufficient. Where social stand-
and ways of child-rearing ing and eligibility for marriage are dependent
• Breaking the culture of silence around on girls having undergone FGM, mothers are
sexual violence in the family unlikely on an individual basis to refuse the
• Addressing traditional stigma and operation for their daughters, however terrible
prejudicial beliefs concerning inability the experience was in their own case. The deci-
to reduce the vulnerability of disabled sion needs to be made by a community as a
children to violence collective, and that community needs to know
3
TOSTAN’S APPROACH
For example, a campaign against child mar- cially reported cases can be useful for identify-
riage has recently been launched by civil society ing trends in service utilisation and, in some
organisations in Yemen, on the basis of research instances, prevalence. However, as these sys-
undertaken by the University of Sana’a.207 tems rely only on cases brought to the attention
of the authorities, and given that children most
Many other practices which cause violence often suffer family violence without telling
and harm to children need the benefit of expo- anyone, surveillance systems based on official
sure and campaigning as part of the efforts to records will always underestimate the extent of
prevent them. These include the sale of chil- the problem. Surveillance of officially reported
dren into sexual or other work; the stigmati- cases must be supplemented by population-
sation of disabled children, children without based surveys that document exposure to child-
families, or children orphaned by HIV/AIDS; hood violence and its lifelong consequences.
child victims of sexual abuse; children accused Similary, true understanding of fatal violence
of sorcery; children who have been dedicated against children can only be gained through
by their parents to priests and shrines. comprehensive death registration, investigation
and reporting systems (see box).
IMPROVING INFORMATION FOR
POLICY DEVELOPMENT AND ACTION Small qualitative studies and studies using
convenience sampling – of families referred to
Accurate and reliable data on the magnitude social services, for example – are important for
and consequences of family violence against documenting the problem of violence against
children are essential to evidence-based advo- children and how to manage it. However, to
cacy, policy development, resource allocation begin to understand fully the patterns of family
3
“It is time we moved beyond qualtiative explorations of violence against children. In South-East Asia,
population-based surveys are needd urgently to shed light on the full extent of violence against children.
We must invest in better research and systematic data collection on this issue.”
Dr Samlee Plianbangchang, Regional Director for South-East Asia, WHO
violence against children, studies that survey One of the important purposes of data collec-
a large subset of the general population and tion, especially in countries and regions where
which are repeated over time are necessary. home and family violence is denied or not pub-
licly debated, is advocacy. Policy-makers need
Confidential interview studies with children, to be persuaded that violence against children
parents and other close carers can also contrib- is more prevalent than they believe or care to
ute to understanding all forms of violence in admit, and that responses are urgently needed.
the home and family. There must, of course, Efforts by NGOs and international support
be ethical safeguards to ensure the necessary agencies to collect information and publish
protection of the children involved. Retrospec- analyses of children facing violence are often
tive studies, interviewing young adults about the first step towards enabling a culturally or
their childhood experiences, are also valuable, politically sensitive issue to emerge, become
but disclose nothing about what is happening locally owned up to, and taken up.
to children now, and may distort understand-
ing of experiences in early childhood when 91
some forms of violence are most common.
Most children who die from violence are young. About 40% are infants and 80% are
under six. The most common cause of death is head trauma, followed by blunt force
trauma to the body. It is sometimes difficult to detect how a child has died when he or
she is reported as having had ‘a fall’.
The first Child Fatality Review Team (CFRT) was formed in Los Angeles in 1978,
sponsored by the Los Angeles County Interagency Council on Child Abuse and
Neglect (ICAN). Members included the coroner, police, social services, courts, health
and public health workers. ICAN later became the National Center for Fatality Review
(NCFR) and other teams followed, some adding teachers, mental health workers and
occasionally community members. The team meets to discuss cases of young child
death where medical evidence is inconclusive; thus different types of evidence come
together, and a mystery can conceivably be solved.
By 2001, an estimated 1,000 teams existed in Australia, Canada, New Zealand and the
USA. The Philippines recently added a hospital-based model that may better fit devel-
oping countries. An international working network has begun connecting ICAN with
contacts and start-up programmes in China, Estonia, Iceland, the Islamic Republic of
Iran, Japan, Jordan, Lebanon, the Netherlands and the UK.209
IMPROVING THE KNOWLEDGE BASE IN INDIA - THE NATIONAL
STUDY ON CHILD ABUSE
India has taken a proactive approach to the issue of child protection. Initiated by the
Department of Women and Child Development in 2005, the National Study on Child
Abuse involved an enormous network around the country. One of the first major
activities undertaken was a National Level Consultation on Child Abuse, held in New
Delhi in April 2005, to discuss various issues related to project formulation, includ-
ing defining the concept of child abuse and methodology for the project, developing
instruments for data collection and identifying the various categories of respondents.
This Consultation involved experts from all over India and from various disciplines to
exchange views on the common theme of child abuse. The experts included academics,
social workers, activists, NGO representatives, teachers, researchers, police, judiciary,
representatives from funding agencies like UNICEF, Save the Children, USAID, US
92 Agency, Plan International, Catholic Relief Services, SARI Equity, etc.
VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY
The sample size of 17,500 included children (n=12500), young adults (n=2500), and
other stakeholders (n= 2500). The child respondents included children living on the
streets, working children, children in schools, children in institutional care, and chil-
dren in family groups not attending school. Part of the methodology involved focus
group discussions with children in the context of children’s workshops, through which
all indicators of various forms of abuse were elicited, and confidentiality and ethical
considerations taken into account.
From its inception, the project emerged as an advocacy and awareness opportunity,
which was extremely useful from the standpoint of a country where child abuse was
known to exist, and yet so little about the issue was discussed publicly. The participa-
tion of so many experts had a multiplier effect, in that it increased awareness and more
open discussion about the previously neglected issue of child abuse ensued. Analysis of
results are expected at the end of 2006.210
families. Governments should ensure that victim of violence is protected from being
child victims of family violence are not re- unnecessarily cross-examined, that the gen-
victimised during the justice process, nor eral public and the media are excluded from
subjected to extended or drawn-out legal the courtroom during the child’s testimony,
processes. Child victims should be treated and that guardians ad litem are available to
in a caring and sensitive manner through- protect the child’s legal interests. Speedy
out the justice process, taking into account trials should also be ensured, unless delays
their personal situation and immediate are in the child’s best interests.
needs, age, gender, disability and level of Strengthen coordinated responses
maturity, and fully respecting their physi-
cal, mental and moral integrity. 7. Provide pre-natal and post-natal care,
and home visitation programmes for
In particular, Governments should ensure optimising early childhood develop-
that investigations, law enforcement, pros- ment. These measures should be aimed
ecution and judicial processes take into at building on the strengths of the family
account the special needs of the child, and the community to promote healthy
bearing in mind the Guidelines on Justice child development, and the early detection
for Child Victims and Witnesses of Crime and support of families with problems.
(ECOSOC Resolution 2005/20). In this Governments should ensure that such
regard, the child should be accompanied programmes include information on the
by a trusted adult throughout his or her importance of attachment and the physi-
involvement in the justice process, if it is in cal, emotional, and cognitive development
3
of infants and young children as well as care, and children affected by HIV/AIDS.
attention to cultural factors. Special efforts are required to understand
and respond to the differing risks which
8. Implement culturally-appropriate and may be faced by girls and boys, and to pay
gender-sensitive parenting programmes attention to the concept of masculinity
and programmes that support families and gender stereotypes on violence experi-
to provide a violence-free home. Govern- enced by girls and boys.
ments should ensure that important com-
ponents are included in these programmes Build capacity
such as: the importance of attachment
10. Build capacity among those who work
bonds between parents and their children,
with children and their families. Gov-
and increasing understanding of the physi-
ernments should ensure that professionals
cal, psychological, sexual, and cognitive
and non-professionals who work with and
development of infants, children and young
around children and their families receive 95
people in the context of social and cul-
adequate training and ongoing capacity
tural factors; expanding child-rearing and
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VIOLENCE AGAINST CHILDREN
4
IN SCHOOLS AND EDUCATIONAL SETTINGS
Introduction 111
Human rights instruments 113
Background and context 115
Nature and extent of the problem 116
Forms of violence in schools 116
Physical and psychological punishment 116
Links to discrimination and gender-based violence 118 109
Sexual and gender-based violence 118
Recommendations 153
References 157
4
“To avoid violence we need to be listened to, we need economic,
work and educational opportunities. We need the chance to improve our quality
of life and have the right to live in a violence free environment.”
Adolescent boys, Latin America I
that are sexual in nature. Corporal punish- ing environment for girls and boys, which is
ment of boys is more frequent and harsh than free of the threat of violence (see box).
corporal punishment of girls. Sexual aggres-
sion by male teachers and boys is often dis-
missed as ‘just boys being boys’, while girls are
blamed for ‘asking for it’. The implicit mes-
In April 2000, the World Education Forum in Dakar, Senegal, adopted the Dakar
Framework for Action to achieve six Education for All (EFA) goals.13,14,15 In September
2000, the Millennium Declaration established two of the EFA goals as being two of
the eight Millennium Development Goals. Goal 2 states that, by 2015, all children
should have access to free and compulsory primary education of good quality. Goal 3 is
to, by 2005, achieve gender equality in primary and secondary education and, by 2015,
achieve gender equality in all levels of education. These two goals constitute a specific
timetable for achieving “the right of the child to education … progressively and on the
basis of equal opportunity” required by the CRC.
4
HUMAN RIGHTS INSTRUMENTS
>>>
“I have seen the harsh behaviour of teachers in schools and colleges. Every day there are severe
punishments by teachers, so we remain very afraid in class. The teacher often makes a student stand up
in class, scolds him with ugly words and teases him for being naughty or for not learning the lessons.
It is very shameful as well as painful.”
Boy, 17, South and Central Asia, 2005 II
General Comment No. 1 also states that: “…Children do not lose their human rights
by virtue of passing through the school gates. Thus, for example, education must be
provided in a way that respects the inherent dignity of the child, enables the child to
express his or her views freely in accordance with article 12(1) and to participate in
school life. Education must also be provided in a way that respects the strict limits on
discipline reflected in article 28(2) and promotes non-violence in school. The Com-
mittee has repeatedly made clear in its concluding observations that the use of corporal
punishment does not respect the inherent dignity of the child nor the strict limits on
school discipline…”17
The Committee has reflected this interpretation in its concluding observations on
States parties’ reports under the CRC, recommending that they should prohibit all
114
corporal punishment. In June 2006 the Committee adopted its General Comment No.
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
8 on the right of the child to protection from corporal punishment and other cruel or
degrading forms of punishment (articles 19, 28(2) and 37, inter alia; CRC/C/GC/8).
The Committee states that the purpose of the General Comment is “to highlight the
obligation of all States parties to move quickly to prohibit and eliminate all corporal
punishment and all other cruel or degrading forms of punishment of children and to
outline the legislative and other awareness-raising and educational measures that States
must take.”
The Committee comments: “Addressing the widespread acceptance or tolerance of
corporal punishment of children and eliminating it, in the family, schools and other
settings, is not only an obligation of States parties under the CRC. It is also a key strat-
egy for reducing and preventing all forms of violence in societies.”18
4
order, and hardening the unseasoned child
to the difficult, brutal and abrasive world.
In Europe and North America, the idea of
universal education, paid for by the State or
subsidised by the State, to equip children for
UNICEF/HQ02-0650. Alejandro Balaguer
There are still countries where many leaders, FORMS OF VIOLENCE IN SCHOOLS
educators and parents believe that education
which teaches children to question and think The forms of violence found in schools are
for themselves brings children into conflict both physical and psychological, and usually
with the established customs upon which the occur together. Forms perpetrated by teach-
family and community have been based for ers and other school staff, with or without the
generations.19 overt or tacit approval of education ministries
and other authorities that oversee schools
Change in disciplinary practices in schools has include corporal punishment and other cruel
been especially slow in some countries where and humiliating forms of punishment or treat-
resources for education are severely stretched at ment, sexual and gender-based violence, and
the same time as education systems are being bullying.
asked to absorb ever-increasing numbers of
school-goers. Laws are gradually improving 20 Forms of violence perpetrated by children
116 but even where laws ban corporal punish- include bullying, sexual and gender-based vio-
ment they are not always effectively enforced lence, schoolyard fighting, gang violence, and
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
and often not initially supported by prevailing assault with weapons. Technology provides a
social attitudes. Prohibition of corporal pun- new medium for bullying using the Internet and
ishment needs to be accompanied by effective mobile phones, and has given rise to new terms
initial and in-service training in behaviour such as ‘cyber-bully’ and ‘cyber-bullying’.
management and school organisation which
Physical and psychological
respect children’s rights. punishment
African-American children are more often vic- calves and palms of their hands. Boys and
tims than others.36 Refugee children in Angola, girls may also be punished for different mis-
Zambia and South Africa also feel singled out demeanours so that, for example, a boy might
for corporal punishment.37 be punished for failure to perform an athletic
feat in a physical education class whereas a
In general, boys experience more frequent and girl might be punished for rowdy and ‘unla-
more severe corporal punishment than girls dylike behaviour’ that might be forgiven in a
but girls are far from immune. Surveys have boy. The fact that there are explicit or implicit
found that in Egypt, 80% of schoolboys and gender policies applying to corporal punish-
67% of schoolgirls had experienced corporal ment suggests that any strategies to eliminate
punishment in schools; in Barbados, 95% of corporal punishment should address gender
interviewed boys and 92% of interviewed girls differences, too.40
said they had experienced caning or flogging
Sexual and gender-based violence
in school.38 A survey covering 3,577 students
in six provinces of China found that 17.5% Gender-based violence stems from gender
had experienced one or more forms of corporal inequality, stereotypes and socially imposed
punishment by teachers before they were 16 roles. Sexual violence, including sexual harass-
years old; 15% had been hit, kicked or oth- ment towards girls may be motivated by the
erwise punished without the use of an object; desire to punish or humiliate girls because of
7% had been beaten with an object; 0.4% had their sex or sexuality, or by sexual interest and
been locked up in a small place, or tied up bravado. It also serves to intimidate, humili-
with ropes or chains; 0.1% had been choked, ate and diminish girls. This is demonstrated by
4
“Violence against children has incalculable costs to present and future generations and it undermines
human development. We recognize that virtually all forms of violence are linked to entrenched gender
roles and inequalities, and that the violation of the rights of children is linked to the status of women.”
The African Declaration on Violence against Girls, 2006 V
the widespread practice of blaming girls who In Europe and North America, revelation of
are victims of rape, and that where gender dis- the widespread sexual abuse of boys by male
crimination is an unquestioned norm, blaming teachers (often clerics) in church-run schools
girls may extend to almost any kind of sexual has only occurred since the 1990s in the pres-
harassment, assault or exploitation. ence of better protections against, and systems
of, reporting abuse – often decades after the
Studies suggest that sexual harassment of abuse took place. Previously, children who
schoolgirls is common throughout the world, were sexually assaulted or exploited by teach-
to varying degrees by teachers themselves as ers were too ashamed to tell anyone what had
well as by students, and that it may be par- happened, knowing that their stories would not
ticularly common and extreme in places where be believed or that, if believed, they would be
other forms of school violence are also preva-
blamed for attracting the sexual attention of
lent.41,42,43,44,45 Teachers often see the sexual
other males. A recent study found that nearly
harassment among students – most often girls
4,400 priests (4% of all priests ministering
– as a normal part of school life, and there- 119
during that period) had been accused of sexu-
fore ignore it. Under these circumstances
ally abusing nearly 10,700 children, in acts that
of boys and 10% of girls said ‘yes’; in Uganda, of West and Central Africa, and that Minis-
13% of boys and 25% of girls; in Zambia, 30% tries of Education were aware of it and con-
of boys and 31% of girls; in Zimbabwe, 11% sidered it to be one of the main reasons why
of boys and 14% of girls.53 In 1999, research girls drop out of school.58 A Human Rights
based on a sample of 10,000 schoolgirls in Watch study found that sexual harassment
Kenya found that one-third were sexually active and abuse of girls by teachers and students
and that, of those, 40% said their first encoun- in South African schools was widespread and
ter was forced, usually by a male student.54 that girls were raped in school toilets, empty
More recent research in Burkina Faso, Ghana, classrooms, dormitories and hostels.59 In a
Malawi, and Uganda found, however, that recent survey in Ghana, 6% of schoolgirls
forced sex and vulnerability to HIV infection said teachers had blackmailed them, threaten-
were more prevalent among married adolescents ing to give them lower grades if they refused
than among unmarried adolescents.55 In many to have sexual relations. Two-thirds of them
sub-Saharan African countries, the majority of had not reported the incidents due to feelings
adolescent girls are not in school and between of shame, advice that they should be toler-
one-quarter and one-half of them are married, ant, and their belief that no action would be
often to much older men.56 In Ethiopia, girls
taken against the culprits. A small percentage
often see attendance at school as a way to avoid
of boys had experienced sexual harassment,
early and unwanted marriage.57
too. Of the boys, 24% admitted they had par-
Forced sex is a risk factor for HIV/AIDS. This ticipated in rape, including gang rape. Of the
is a growing concern in the context of schools girls, 14% said they had been raped by boys
In Eastern and Southern Africa (as in other close to them.60
“I took a folder, wrote down dates and times every time I was harassed. I took it down to the principal.
He said, ‘Son you have too much time on your hands to worry about these folders.
4
I have more important things to do than to worry for what happened two weeks ago’. I told him,
‘I wanted to give you an idea of what goes on, the day-to-day harassment.
’ He took the folder away from me and threw it in the trash.”
Student, North America, bullied for allegedly being gay, 2005 VI
Elsewhere, more general studies into sexual schools to children’s well-being, and a increas-
abuse have found that teachers are among those ing body of literature examining its causes,
who sexually coerce or abuse children and young prevalence and impacts on both victims and
people. In one such study, 6% of more than perpetrators.66,67 Although bullying is a world-
2,000 college students in the Hong Kong Special wide problem, the literature pertains mostly
Administrative Region of China said they had to the industrialised world. Emerging from
been abused before they turned 17. Eleven was Scandinavia in the 1970s and then from the
the average age at which the abuse had occurred UK, Japan, Australia, and the USA, this body
and teachers were the abusers in 7% of all cases, of literature has analysed the characteristics
although family members or family friends of bullies and victims, and the range of per-
were more commonly identified as abusers.61 sonal and social risk factors that contribute
A UNICEF study covering Nepal found that to bullying. It has also broadened the defini-
9% of children had experienced severe sexual tion of bullying to include more subtle and
abuse (kissing of sensitive parts, oral sex and complex forms of psychological violence,
penetration), and that 18% of the perpetrators and extended analysis beyond examining the 121
were teachers.62 In a submission to this Study,
Bullying of known, suspected or alleged gay The 2001/02 HBSC survey found that bully-
and lesbian students can take the form of ing decreased as children grew older and that,
taunts, obscene notes or graffiti, unwelcome while similar percentages of boys and girls said
sexual advances, and mock rapes and can lead they had been bullied, more boys admitted
to brutal physical attacks. Though such bul- to bullying others. While bullying within sex
lying is known to be common in many coun- groups is common, when it occurs across sex
tries, most of the literature on the subject groups girls are much more likely to be bullied
pertains to Europe and North America.69,70 by boys than vice versa.75 Recent studies sug-
In many countries, homosexual activity is gest that around half of all children involved
a criminal offence or, at least, highly stig- in bullying are both victims and perpetrators,
matised with the result that bullying and and that they are the most troubled of all chil-
other forms of violence towards these groups dren involved in bullying.76
receives little official attention, and are driven
Bullying is just beginning to emerge as an issue
underground.71
in the Philippines, Thailand and other coun-
The extent of bullying tries of the East Asia and the Pacific region.
The 2001/02 Health Behaviour in School- In a survey in the Lao People’s Democratic
aged Children (HBSC) survey in developed Republic, 98% of girls and 100% of boys
and transitional countries in Central and said they had witnessed bullying in schools
Eastern Europe found that 35% of schoolchil- and, while the precise nature or seriousness
dren said they had been bullied within the of the bullying was not clear, the victims were
Schools, that are supposed to be “places of learning, turned out to be a nightmare because there is
violence and it is unbearable.”
Child, Eastern and Southern Africa, 2005 VII
4
mainly girls or children from ethnic minori- to remain anonymous, it allows for quick dis-
ties.77 A study among primary school students tribution and replication of messages, and it
in the fourth grade in the Republic of Korea can turn masses of children into bystanders or
concluded that bullying is common in schools witnesses of non-physical bullying of a highly
and arises from social conditions and bullies’ malicious nature as perpetrators hide behind
emotional problems.78 Reports from South their anonymity.
Asia indicated severe discrimination in the
classroom, amounting to abuse and exclusion, How schools fail to discourage bullying
Strong leadership, an ethos of caring, and
against children from minorities or low castes.
clear and consistently enforced policies can
A consultation on violence in schools held
reduce the incidence and severity of violence
through UNICEF’s Voices of Youth forum
in schools of all kinds and even prevent it from
also confirmed the widespread experience of
happening. Unfortunately, most schools apply
bullying in schools in the Middle East and
quick-fix solutions or deal with the problem
North Africa, and led to calls from children
superficially. They may expel perpetrators 123
to stop it.79
rather than attempt to change their behaviour,
37
Canada (N=4331) 38
33
USA (N=4956) 36
Norway (N=4955) 30
35
France (N=8103) 36
34
Poland (N=6351) 27
33
United Kingdom (N=14122) 32
32
27
Netherlands (N=4230) 32
Denmark (N=4646) 32
31
25
Italy (N=4353) 31
25
Former Yugoslav Rep. of Macedonia (N=4145) 31
Malta (N=1945) 18
30
Ireland (N=2830) 24
29
21
Croatia (N=4384) 28
25
Spain (N=5785) 27
21
Finland (N=5336) 27
23
Greece (N=3788) 26 Females
24
Hungary (N=4145) 23
23 Males
Slovenia (N=3936) 22
15
Czech Republic (N=4970) 17
15
Sweden (N=3828) 15
0 20 40 60 80 100
Source: Analysis of data from the Health Behaviour in School-Aged Children: a WHO Cross-National Study 2001/2
(http://www.hbsc.org) and Currie C et al. (2001). Health Behaviour in School-aged Children: A WHO Cross-National study.
Research Protocol for the 2001/2002 Survey. Edinburgh, Child and Adolescent Health Research Unit, University of Edinburgh.
4
FIGURE 4.2
67
Zambia (N=2257)
63
51
Zimbabwe (Harare) (N=1997) 60
57
Kenya (N=3691) 57
48
Namibia (N=6367) 57
52
Botswana (N=2197) 53
Uganda (N=3215)
41 125
50
43
Jordan (N=2457) 50
38
Swaziland (N=7341) 43
38
Guyana (N=1212) 43
29
Lebanon (N=5115) 39
36
Venezuela (Lara) (N=2166) 37
37
Females
Philippines (N=7338) 36
Males
37
Oman (N=2979)
35
17
United Arab Emirates (N=15790) 25
17
China (Beijing) (N=2348) 23
0 20 40 60 80
Percentage
Source: Analysis provided to the Study by the Global School-Based Student Health Survey:
The World Health Organization (http://www.who.int/chp/gshs or http://www.cdc.gov/gshs)
for surveys conducted in 2003-5
“Two kids were fighting and one of them pulled out a gun…because there were too many people around
them…he didn’t do anything, but I think he would have shot him if there was no one around.”
Boy, 11, North America, 2005 VIII
victims. Bullying can lead to fighting, with or schools, and accounts for only a tiny propor-
without weapons. Physical assault can occur tion of criminal violence in the whole of soci-
as a separate phenomenon, as in the case of ety. Media attention to extreme events such as
an attack by one person on another driven by knifings or shootings in schools has created a
inflamed feelings of anger or jealousy. It may distorted impression of the prevalence of such
also be driven by general feelings of rage, frus- violence, but it has also prompted enquiry into
tration or humiliation unprovoked by anything the connections between violence in schools
the victim may have done, as in the case of vio- and criminal violence by juveniles and adults
lent sexual assault and random shootings. outside schools.
Analysis of data from the 2001/02 HBSC The testimony of children, parents, teachers
survey revealed that anywhere from 25% of and others during the Children’s Forums and
school-aged children in Finland to 49% of Regional Consultations held as part of this
school-aged children in Lithuania had engaged Study suggests that extreme violence in schools
126 in physical fights during the past 12 months needs to be studied more thoroughly. A study
and that physical fights were far more common in Jamaica found that 61% of students had
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
among boys than girls (see Figure 4.3).87 Anal- witnessed acts of violence at school, 29% of
ysis of data from more recent surveys done as those acts had caused injuries, and that many
part of the GSHS suggests that, in develop- children felt unsafe in schools.91 In Jamaica,
ing countries, fighting is more common, and the homicide rate was 55 per 100,000 in 2004,
girls from developing countries are more likely and 25% of those arrested for all violent crimes
to participate in it than girls in developed and were school-aged children, mainly boys. Most
transitional countries (see Figure 4.3).88 of those crimes took place away from schools;
however, a separate study has concluded that
Boys tend to engage in physical fighting and crimes that did occur in schools were due to
assault against each other as they seek to live up factors in wider Jamaican society, suggesting
to stereotypes of males as being powerful and the need for comprehensive solutions.92
strong.89 Students at a Kenyan university were
asked to record their ‘Memories of Childhood Weapons in schools
Violence’. What they recalled most vividly was A recent nationwide study in the USA found
violence by teachers, but they described bully- that from 3% to 10% of students carried weap-
ing and fighting among children in ways that ons on school property, while 12% to 25%
suggested they were barely worthy of recollec- carried weapons outside school. The same
tion and just accepted parts of school culture.90 study found that 13% of students had been
Homicide and serious injury involved in fights on school property at least
once in the previous year and 33% had been
Homicide and assault resulting in serious involved in fights outside school. The study
physical injury– is comparatively rare in found that 5% of all students had stayed away
4
FIGURE 4.3
The percentage of children aged 11, 13 and 15 years old who reported
having been in a physical fight within the last 12 months
*Source: Analysis of data from the
Health Behaviour in School-Aged
China (Beijing) (N=2348)* 6
26 Children: a WHO Cross-National
Finland (N=5363)** 13
23
37 Study 2001/2 (http://www.hbsc.org)
Swaziland (N=7341)* 37
Uganda (N=3215)* 32
39
and Currie C et al. (2001) Health
Former Yugoslav Rep. of Macedonia (N=4147)** 15 Behaviour in School-aged Children:
40
Germany (N=5610)** 16
40 A WHO Cross-National study.
Greenland (N=853)** 24
43
Zimbabwe (Harare) (N=1997)* 31
45 Research Protocol for the 2001/2002
Venezuela (Lara) (N=2166)* 12
16
45 Survey. Edinburgh: Child and
Switzerland (N=4660)** 46
Guyana (N=1212)* 23
47
Adolescent Health Research Unit,
35
Oman (N=2979)* 47 University of Edinburgh. Surveyed
Canada (N=4310)** 24
48 students aged 13-15.
USA (N=4923)** 25
Sweden (N=3810)** 20
48 127
50
Zambia (N=2257)* 56
0 10 20 30 40 50 60 70 80
Percentage
from school for at least one of the previous allel growth in gang violence in and outside
30 days because they were worried about their schools.99 (See the chapter on violence against
safety.93 In the USA, some research has sug- children in the community.)
gested that in schools where boys are carry-
ing weapons, girls are also more likely to carry IMPACTS OF VIOLENCE
weapons.94
AT SCHOOL
Studies from Canada suggest weapon-carrying
This section outlines the possible impacts of
in schools is as common in Canada as it is in
violence at school. However, it is important to
the USA.95 An analysis of school suspensions
note that these consequences are not inevitable.
in Nova Scotia found that around half were
In fact, they are largely preventable and can be
due to carrying a weapon. Whether weapon-
significantly reduced by effective interventions,
carrying is a rising or decreasing phenomenon
which are discussed in subsequent sections.
in North American schools is a subject of
128 debate. The same is true of Western European
HEALTH IMPACTS
schools, though evidence suggests that physi-
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
cal violence of all kinds has remained fairly Violence in school can have a physical impact,
constant.96 In other regions, weapons are often cause psychological distress, permanent physi-
associated with gang violence. cal disability and long-term physical or mental
ill-health. Physical impacts are the most obvi-
The development of peer groups is a natural
ous and may include mild or serious wounds,
part of school life, but gangs also develop in
bruises, fractures, and deaths by homicide or
the school environment. These groups are dis-
suicide. Sexual assault may lead to unwanted
tinguished from other peer groups by more
and early pregnancy and sexually transmit-
formal structures and rituals. Gang violence
ted infections, including HIV/AIDS.100 The
in schools would appear to be most prevalent
psychological impacts may include immedi-
in places where violence in the whole of soci-
ate impairment of emotional development and
ety is common. Participants in the Caribbean
long-term mental distress and ill-health, which
Regional Consultation for this Study reported
can contribute to physical ill-health as well.
that gangs, gang violence outside schools and
gang violence in schools have all grown in par- A number of studies have shown correlations
allel. These participants reported that gang between corporal punishment and poor mental
violence in schools includes severe beatings, health.101 While most have focused on corpo-
stabbings and shootings, and tends to be more ral punishment within families, some have
severe than other forms of violence in schools focused on corporal punishment in schools.
because it is associated with trafficking of illicit One European study on personal histories of
drugs.97,98 Participants in the Latin American depressed children found that corporal pun-
Regional Consultation reported similar par- ishment in schools was the strongest past pre-
4
“Tolerance of violence against children is a major obstacle to health and development in Europe. We
cannot afford to let this violence continue unchallenged; we must act now to change the conditions that
lead to the victimization of children.”
Dr Marc Danzon, Regional Director for Europe, WHO
dictor of their current depression.102 It is now physical and mental health, especially if that
recognised that peer violence among school- violence is repeated or severe, and if victims
children also has significant impacts on both lack adequate support.103,104
A study of bullying in 28 European countries
FIGURE 4.4 found that physical symptoms of being bullied
included headache, stomachache, backache,
The percentage of children reporting to and dizziness, while psychological symptoms
have a ‘high life satisfaction’ and included bad temper and feeling nervous,
‘excellent health’ among children aged lonely and helpless. The same study found
11, 13 and 15 years that, according to children’s own reports, the
50
more often they had been bullied, the more
symptoms of ill-health they had. This ‘dose–
response’ relationship was similar in boys and
girls.105 An analysis of data from 30 industri- 129
40 40
High Life Satisfaction alised and transitional countries covered by
10 SOCIAL IMPACTS
Studies from many different countries confirm
that the social impacts of corporal punishment
0 N=75507 N=73785 N=77884 N=74227 and all other forms of violence against chil-
Neither bullied nor Bullied or bully others dren at school are invariably negative. A recent
bully others
study in Cameroon, for example, found that
Source: Analysis of data from the Health Behaviour in corporal punishment in home and school is
School-Aged Children: a WHO Cross-National Study likely to block the development of social skills.
2001/2 (http://www.hbsc.org) and Currie C et al. (2001). Victims of corporal punishment are likely to
Health Behaviour in School-aged Children: A WHO
Cross-National study. Research Protocol for the 2001/2002
become passive and overly cautious, and to
Survey. Edinburgh, Child and Adolescent Health Research fear free expression of their ideas and feelings
Unit, University of Edinburgh. while, at the same time, they may become per-
petrators of psychological violence.107
“I didn’t go back to school for one month after I came forward. Everything reminds me,
wearing my school uniform reminds me of what happened. I have dreams. He is in the classroom
laughing at me. I sometimes have to pass down the hall where his classroom was.
I thought I could see him, still there. I was scared he’ ll still be there.”
Girl, South Africa, 2001 IX
Some research suggests that children who are lower marks than other children.114 There also
physically punished are less likely than other appears to be a relationship between bullying,
children to internalise moral values. They are absence of bonding with other children, and
less inclined to resist temptation, to engage in absenteeism.115
altruistic behaviour, to empathise with others
or to exercise moral judgement of any kind.108 An analysis of data collected by the Trends in
International Mathematics and Science Study
They are more inclined to engage in disorderly
(TIMSS) focused on eighth and ninth grade
and aggressive conduct such as hitting their sib-
maths and science students in 49 countries,
lings, parents, schoolmates and boyfriends or
and found that in schools where there was a
girlfriends.109 And they may become adults who
heavy emphasis on competition and large gaps
use corporal punishment against their own chil-
between high and low scorers, students were
dren, and so pass on the habits of violence.110
more likely to engage in violence against each
North American and European studies suggest other.116 Another analysis of the same data found
130 that school bullying, whether the children are no strong relationship between this violence in
victims or perpetrators or both, can be a predic- schools and the patterns of violence or lack of
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
tor of future anti-social and criminal behaviour, social integration in the wider society.117
including intimate partner violence, involve-
A number of studies in South Asia indicate that
ment in fights and self-destructive behaviour
violence at school, notably corporal punish-
such as smoking and drinking to excess.111,112 ment, leads to students dropping out of school.
A study in Nepal, where harsh corporal pun-
EDUCATIONAL IMPACTS ishment is routine, found that 14% of school
In the Regional Consultations for this Study, dropouts can be attributed to fear of teachers.118
physical and psychological punishment, verbal A Save the Children submission to this Study
abuse, bullying and sexual violence in schools found that children in South Asian countries
were unanimous in their opinion that corpo-
were repeatedly reported as reasons for absen-
ral punishment is a major reason why children
teeism, dropping-out and lack of motivation
drop out of school. They also said that regular
for academic achievement. In a Save the Chil-
beatings result in a loss of interest in studies,
dren submission to the Study, children from
and a drop in academic performance.119
Bangladesh said that physical and cruel or
degrading punishment affected their school Studies have found that, in South Africa, vic-
performance and that they valued kind and tims of sexual violence are greeted with such
comforting teachers who explained rather than hostility after they report the violence that
drilled.113 The educational impacts of bullying they leave schools for periods of time, change
have been less well researched than other psy- schools or quit schools entirely, while the teach-
chological and social impacts, but it is known ers or students accused of abusing them remain
that both victims and perpetrators tend to get in place.120,121,122,123 In most African, Asian and
4
Caribbean countries, pregnancy resulting from abuse, harsh, lax or inconsistent discipline, or
sexual assault and coercion often forces girls to poor parental monitoring.
quit school and miss out on opportunities for
education and compromises their future. A study in the USA interviewed 1,467 children
from 12 to 17 years old about experiences of vic-
timisation over time. The study suggested that
FACTORS CONTRIBUTING some children may be ‘poly-victims’ (victims
TO VIOLENCE of different types of violence), who reported,
for example, corporal punishment by parents,
RISK FACTORS sexual abuse by a relative, physical assault by
Risk factors make it more likely that a child a peer, and bullying by peers in school. Persis-
will be a victim or perpetrator of violence in tence of poly-victimisation was associated with
schools, while protective factors make it less the child scoring high on anger and aggres-
likely. Both individual and external characteris- sion scales, family problems, and having expe-
tics (including beyond the school), are relevant rienced recent life adversities. Having more 131
friends was associated with decreased levels of
nised by their high self-esteem, internal locus Many of the protective factors identified in
of control, optimism and clear aspirations, other settings are also relevant to the school
achievement and goal-orientation, reflection environment, although research across inter-
and problem-solving capacity, healthy com- national contexts is lacking. For example, rela-
munication patterns, and the capacity to seek tionships with caring and mentoring adults
out mentoring adult relationships.”131 appear to promote resilience through model-
ling of pro-social behaviour, providing guid-
Schools can play a critical role in building ance, and offering protection – all of which
children’s resilience and feelings of well-being, good teachers do on a daily basis.136. Having
which have also been linked to the reduced the perception that clear sanctions will follow
likelihood of being victimised.132 Adults and transgressions at school is also protective,
peers in children’s families and communities underlining the importance of having clear
begin building, or failing to build, children’s codes of conduct and making sure they are
resilience from birth. Good parenting in stable enforced. In addition, schools can promote the
132 family units is critical. The power of early development of strong peer group and social
parent–child bonds established within warm
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
ment was very severe. (It is impossible for) the shirt of an active standard 4, 5, 6 student to
be sparkling white at 4 p.m. unless the boy/girl is sick. My maths teacher in class eight made
us kneel on a Saturday for 2 hours for failing a sum. We could be told to kneel on pebbles.”
Upper primary school: “Students had to speak English all the time to avoid teach-
ers’ wrath.”
“In my fourth year in my primary school, there was a declaration that all students of upper
level (4–8) had to be speaking English. On speaking mother tongue, one’s name was writ-
ten down by the class prefect and the list of those who spoke Kiswahili or mother tongue
forwarded to teachers. A meeting was called and those appearing on the list punished by
receiving six strokes of the cane for class 4 pupils, 7 for class 5 and 10 for class 6 to 8. The
teachers stood in a row and each could whip you with all his might. Surprisingly, no female
teacher could join the male teachers nor be around. Tears could be shed and all forms of
struggle and screams. There was nothing but fear and hatred.”145
“My classmates knew my parents had died, they caused problems for me. I was segregated. I was known
as ‘The Son of AIDS’ and ‘TASO Child.’ The kids wouldn’t want to sit next to me.”
Boy, receiving assistance with school fees from the AIDS Service Organization, 2004 XII
4
‘Outsider’ children, including those who are dance is already low. 153,154 In Africa, children
refugees or from indigenous minorities, are orphaned or otherwise affected by HIV and
especially likely to be excluded, discriminated AIDS may suffer stigma in school while they
against and bullied. Evidence from Australia are also shouldering extra burdens of grief,
suggests that Aboriginal students are more poverty and sibling care. A recent Human
likely to be recipients of verbal abuse from Rights Watch report into the impact of HIV
teachers and from non-Aboriginal peers than and AIDS on affected children’s access to edu-
the others.150 In Botswana, research by authori- cation in Kenya, South Africa, and Uganda,
ties has found that the dropout rates of Basarwa documents how stigma in school leads to
(or San) children are unusually high, and that taunting, and makes it difficult for children
they drop out largely because of prejudice and to communicate with their teachers about ill-
bullying, though also because the corporal ness in the family.155 Within the context of
punishment meted out in schools is alien to silence and shame that surrounds HIV infec-
their culture.151 Children from nomadic com- tion, the fear of stigma, discrimination and
135
munities may miss formal schooling altogether possibly violence can lead to HIV-infected and
• 115 million or 18% of children of primary school age were not in school in
2001/02. Of these, 61.3 million (53%) were girls, 45 million (39%) were in
sub-Saharan Africa and 42 million (36%) were in South Asia. Most likely to
be out of school were children in West and Central Africa (45.3%), Eastern
and Southern Africa (38.5%), South Asia (26%) and the Middle East and
North Africa (18.7%) and in all of these regions girls were more likely to be
out of school than boys. The greatest disparity between boys and girls was in
the Middle East and North Africa, where 15.4% of boys but 22.1% of girls
were out of school.
• Boys and young men still have far better chances of going to school than
girls and young women. Of the 86 developing countries for which data are
available, 50% have achieved gender parity (where a girl’s chances of going to 137
school are equal to a boy’s) in primary education but only 20% have achieved
• They want their parents and other ress toward violence-free schools. There is now
adults outside schools to play widespread and rapidly growing awareness of
constructive roles in their education, violence in schools and of the harm it is doing
promoting and supporting violence-free to children and to all of society. Many coun-
schools and giving them violence-free tries in all regions are taking action to counter
homes and communities.164 that violence, and there is mounting evidence
to suggest which approaches work best.
The many contributions to this Study have also
shown that there is good reason for hope that Unfortunately, there are no simple or single
the dreams of these children can and will be strategy solutions. To be effective, it is important
realised, if only countries will commit them- that approaches address overall prevention, for
selves to accelerating and sustaining their prog- example through life skills-based education, as
well as early intervention when problems arise, on recognition that all children have equal rights
and safe and supervised activities and facilities to education in settings that are free of violence,
for children and young people.165 and that one of the functions of education is
to produce adults imbued with the non-violent
This Study has concluded that the most effec- values and practises.
tive approaches to countering violence in schools
are tailored to the unique circumstances of the The overall approach can be called ‘rights-
schools in question, but that they also have key based’ and ‘child-friendly’. It is consistent with
elements in common. Specifically, they are based the CRC, other international conventions on
the prevention of violence against girls. In countries where UNGEI is established, part-
ners work together to strengthen interventions that promote girls’ access to quality educa-
tion. Interventions which include those that accelerate and encourage the participation
of girls and boys in their own empowerment. For example, the Girls’ Education Move-
ment (GEM) operates in Botswana, Lesotho, Kenya, Uganda, South Africa, the United
Republic of Tanzania, Zambia and Zimbabwe as an important aspect of UNGEI. When
GEM was launched in 2001, it was conceptualised as a pan-African education initiative
through which girls would become leaders in the transformation of Africa and agents in
the decision-making processes concerning their educational chances. In Uganda, GEM
is very active in making sure that orphans and other vulnerable children access school,
and work with local authorities and traditional leaders to address the issue of early mar-
riage. In Botswana, GEM has done a baseline study on safety in schools which is being
edited for publication. In South Africa, GEM works through Public–Private Partnerships
to support the education of girls in mathematics, science and technology and, sponsored
by UNICEF, has a number of different activities for ensuring that the voices of girls and
young women are heard, particularly in relation to policy-making. Girls’ Parliaments,
sponsored by GEM, in conjunction with the National Department of Education in South
Africa, have offered girls the opportunity to contribute to policy-making around issues
of sexual violence in schools. The first Girls’ Parliament in South Africa took place in
2003. It is worth noting that GEM in South Africa has also developed posters addressing
gender violence, and a chat line for girls to speak out.168
4
human rights and the EFA goals, and widely LAWS AND LAW ENFORCEMENT
endorsed by international organisations. Most
importantly, it answers children and young International conventions, regional agreements
adults around the world who say they want the and national laws that address corporal pun-
ishment, sexual harassment and assault, and
violence to stop.
other forms of violence are essential steps in the
The basic principles of a rights-based child- movement toward violence-free schools. Experi-
friendly school are that it should be166,167: ence has shown, however, that many countries
are slow to meet their international and regional
1. Proactively inclusive. The school seeks obligations and slow to enforce their own laws.
out and enables the participation of all
children of both sexes, and especially those Since the UN General Assembly adopted the
who are different ethnically, culturally, CRC in 1989, a substantial number of coun-
linguistically, socio-economically and in tries have taken steps to ban corporal punish-
their abilities or disabilities. ment in schools, even though they have often
139
been lax in enforcing their laws. High-level
In 2000, South Africa’s Department of Education issued guidelines noting the preva-
lence of sexual abuse of students by teachers and the consequent high risk of HIV trans-
mission. The guidelines explain the law and the consequences of violating the law:
– Educators must not have sexual relations with learners. It is against the law,
even if the learner consents. Such action transgresses the code of conduct for
educators, who are in a position of trust.
– Strict disciplinary action will be taken against any educator who has sex with a
learner.
– Sex that is demanded by an educator without consent is rape, which is a serious
crime, and the educator will be charged. If an educator has sex with a girl or
boy who is under 16 years, he or she will be charged with statutory rape and
may face a penalty of life imprisonment.
– If you are aware of a colleague who is having sexual relations with a learner,
you must report them to the principal or higher educational authorities, and
if the boy or girl is under 16, to the police. If you do not do so you may be
charged with being an accessory to rape.172
4
TWO COUNTRIES WHERE NATIONAL COMMITTEES
DEVELOP AND ENFORCE ANTI-VIOLENCE MEASURES
The Republic of Korea’s Act on the Prevention of School Violence requires that a new
plan for preventing school violence be drawn up every five years. A National Com-
mittee has responsibility for coordinating and monitoring implementation of the plan
and for overseeing the five-year reviews and updates. Every school is required to hold
regular sessions to review their contributions to the implementation of the plan, and to
recommend whatever actions may be called for within the school or beyond.
In Cyprus, the Ministry of Education requires all schools to establish committees to
address needs for “prevention and confrontation of violence in the family and school
environment.” These committees are empowered to receive and investigate complaints
of violence before passing them on to the appropriate authorities.174
141
countries are finding approaches that work, A review of programmes to address violence
too. There is no reason to doubt that, with the in Latin American and Caribbean schools
will and resources (often minimal), any coun- pointed to the importance of building positive
try, community or school can find effective attitudes and behaviours from as early an age
ways of reducing violence in schools. as possible, sustaining the effort to build those
values right through school, and doing this
The following discussion focuses on particular through such means as giving students oppor-
areas of intervention and provides examples tunities to participate in making the deci-
of promising practices from all regions of the sions that shape their school environments.181
world. Ensuring such continuity calls for action by
authorities that oversee all schools, whether at
LEADERSHIP AND POLICY national, district or local level.
DEVELOPMENT
A longitudinal study in Norway has found a
causal link between good classroom manage-
Policies to tackle school violence should recog-
ment techniques and reduced peer violence.182
nise that schools are, above all, places of learn-
In addition, the curriculum should promote
ing and can play an important role in equal- the values of social equality, tolerance toward
ising power and eliminating abuses of power. diversity and non-violent means of resolving
Schools can be guided by the highest human conflicts.
rights standards in everything they do, and use
alternative, non-violent methods of communi- What happens outside the classroom is also
cation, negotiation and conflict resolution. critical. Education authorities should pro-
“If teachers talk badly to us, if they do not take care about what they say and do not respect us,
how do you expect us to respect them? They are not good role models for us.”
Student, Indian Ocean subregion, 2006 XIV
4
vide guidance and support to school heads recruiting the best candidates, and then offer
and teachers, helping them shape the climate them insufficient pre- and in-service train-
outside the classroom by changing the way in ing, low salaries and poor working conditions,
which the school is managed. Codes of conduct often in overcrowded and ill-equipped schools
should be developed and enforced through and classrooms. In most countries, teachers
processes that give a voice to every stakeholder, are already overburdened, but they are under
for example through student councils and par- increasing pressure to take on more responsi-
ents’ associations. The climate thus created bility for addressing violence in their schools,
within the school can spill over into the wider though they often lack the training and exper-
community when, for example, students carry tise for this added responsibility. If, despite all
home the values and habits they learn in school this, schools attract good teachers, they then
and then carry them through their lives, into have difficulty retaining them.
their workplaces, relationships, and so on.
All of these factors should be taken into
account when assessing needs to change 143
SUPPORTING SCHOOL STAFF
the way teaching candidates are recruited,
In the spring of 2004, after broad consultations with Government ministries, civil soci-
ety organisations and others, UNICEF launched a five-phase campaign ‘For a Safe and
Enabling School Environment’ in Croatia. Before the launch, a national survey cover-
ing students, parents and teachers established baseline data on violence in schools. The
campaign was scheduled to last for 18 months. After 12 months, an evaluation found
that it was surpassing expectations.
More than 4,500 teachers, twice the number targeted, had received training in non-
violent methods of teaching, discipline and intervention in violence among children.
The campaign had covered 121 schools including more than 60,000 children, 20%
more than targeted, and this had been achieved with 15% less than the projected
144 budget. More than 92% of Croatian citizens had become aware of the campaign, while
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
more than 80% of funding was now coming from individual donors and corporations
within Croatia. Most importantly, there had been significant decreases in some forms
of violence and increased awareness of others. For example, children and teachers were
better able to recognise all forms of bullying and better prepared to stop it. More than
80% of students knew the rules against school violence, and knew of an adult they
could turn to for help.
There were, however, challenges ahead. Teachers felt they were more competent to
deal with violence but, while students felt safer, they still did not consider that schools
provided them with enough protection against violence. The evaluation concluded that
there was need for more parent involvement and for the strengthening of peer support
for non-violence among students.185
The Zambia Civic Education Association (ZCEA) works to promote and protect chil-
dren’s rights through civic education. Through its Child Participation Programme, it
supports Child Rights Clubs that empower children by raising their awareness of their
rights under the CRC, the African Charter on the Rights and Welfare of the Child,
and other instruments. At least 300 Child Rights Clubs in primary and secondary
schools operate throughout Zambia.195
covering Bangladesh, Kenya, Nepal, Sri Lanka, Exploratory studies and experience in all regions
Uganda, and Zambia found that teaching envi- have identified benefits, some unexpected, of
ronments that put children at the centre of the involving children in the development and
learning experience, so that teachers listen to implementation of programmes to address 145
their concerns and needs, are more likely to violence in schools.192 Children can provide a
In Mexico City, social inequalities, poverty and other factors have contributed to
increasing violence in homes, schools and the whole city, and school violence has been
linked to high rates of early dropout. Currently, more than 1,500 of the city’s schools
and 450,000 of the city’s students are participating in a project called “Combating
Violence: Education for Peace – For Me, You, and the Entire World.” The project con-
sists of training workshops that build the capacity of school administrators, teachers,
students and parents to resolve conflicts in a non-violent manner. Follow-up in schools
aims to ensure that the lessons have been absorbed and put into practice, and to pro-
vide support to individuals charged with the responsibility for continuing to build the
capacity of each school’s population to resolve conflicts peacefully. The project owes its
launch and success to leadership and enthusiastic support from the Secretary of Educa-
tion and, mostly importantly, from school heads. The hope, now, is that the project
will become a permanent programme after the city’s next general elections.198
4
IN NEPAL – GIRLS TAKING ACTION TO END SEXUAL HARASSMENT
In Surkhet, Nepal, Save the Children has supported girls as they educate men and boys
and make their schools and community safer. Boys and male adults (including educa-
tion officials and village leaders) were unaware that girls perceived their ‘innocent teas-
ing’ as sexual harassment and discrimination until the girls mapped the places where
they felt unsafe. By examining and discussing the maps, males were able to recognise
that these were the places where girls were regularly subject to such teasing. In addi-
tion, the girls have developed networks throughout the village and district, with links
to girls’ groups in other villages, local police, teachers’ and women’s groups, and the
district child welfare committee.199
While anti-bullying programmes may vary widely in specific details, the most effective
programmes are rights-based and child-centred. Common characteristics include:
• They involve children at an early age, before their attitudes and behaviours
become fixed in permanent patterns.
• Schools involve all key stakeholders and focus on prevention of violence –
heads, teachers, students, parents and the wider community – in development,
implementation and monitoring.
• There is a leadership group that sustains momentum and initiates adjustments
in the light of changing circumstances.
• There are educational components that increase the knowledge and improve
the skills of all key stakeholders; and components are integrated into the 149
regular curriculum, so that children learn about human rights and develop the
their spaces strictly off limits to female teach- local and district school authorities and some
ers and girls. The only private spaces for girls national school authorities. Since such data are
were the toilets, and their privacy was com- essential in order to evaluate interventions and
promised by missing doors. Female teachers whether they are contributing to reductions in
found it difficult to find spaces that were not violence, it is highly recommended that dis-
policed, or intruded upon, by males.221 trict school authorities develop their capacity
to collect, analyse and report data for monitor-
Where a school is not welcoming or visually ing and evaluation purposes.
appealing, it is more difficult to build staff
morale and help children develop a positive Agreed standards, universally accepted defini-
outlook towards learning. Improving schools tions and classifications of different forms of
does not necessarily require significant expen- violence in schools are needed, but local issues
diture of money, and can be done also as an should be integrated into these as well. There
extra-curricular activity involving school staff, are models for such definitions and classifica-
152 students, parents and others in the community. tions, including the International Classification
In low-income areas of rural India, for exam- of External Causes of Injury.223 There are also
VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS
ple, staff and students have worked together to Injury Surveillance Guidelines that would help
redecorate classrooms and develop school gar- any education authority at national, district or
dens using the simplest of materials at hand, at school level, to develop its own definitions
though they have found that this works best and classifications and, also, simple forms
when schools are secured and protected from and mechanisms for gathering, analysing and
vandalism.222 reporting data.224
The most widely applied instruments for gath-
RESEARCH AND EVALUATION ering global and national data on violence in
schools are the GSHS,225 covering an increas-
All functioning education systems have mech-
ing number of developing countries, and the
anism that gather data, down to the individual
HBSC study, covering mostly industrialised
school level, and many have regular inspec-
countries and some transitional countries.226
tions that provide additional opportunities for
Other existing instruments are Demographic
gathering data. The quantity and quality of
and Health Surveys and similar surveys peri-
this data vary widely, however, and rarely pro-
odically undertaken by ministries of health
vide sufficient basis for making even the most
(and other sectors) in order to determine, for
approximate estimates of the prevalence of
example, the prevalence of HIV infection and
different forms of violence in schools and how behaviour that may contribute to infection.
the prevalence may be increasing or decreas-
ing over time. One reason for this is that most Monitoring and evaluation will help to iden-
schools have no staff trained in data collec- tify which interventions work best and how
tion and analysis, and the same is true of most interventions might be improved. Also needed
4
RECOMMENDATIONS
Education is a key agent of change capable of
breaking the cycle of violence, not just against
children but among adults, too. It can encour-
age children to learn self-respect, respect for
others and how to express their feelings and
negotiate for what they want without resort to
physical or psychological violence.
The following recommendations are intended
to support Governments, education authori-
ties, school heads, teachers, students, parents
and communities as they seek to create non-
violent schools. The recommendations are 153
guided by the UN Convention on the Rights
UNICEF 101-0155. Dan Bhayi
3. Prevent violence in schools with spe- spaces are provided to ensure that both girls
cific programmes which address the and boys have equal access to facilities and
whole school environment. Governments can participate fully in school life. Schools
should implement violence prevention pro- must have adequate toilet facilities for girls
grammes comprehensively across the edu- and boys. All facilities must be clean and
cation setting for all staff and students, safe, accessible by girls and boys, and free of
while being sensitive to the special needs of negative interference from the community.
vulnerable children. Build capacity
4. Prioritise attention to gender issues and 7. Establish and implement codes of con-
their links with violence. Governments duct reflecting child rights principles.
must acknowledge the pervasive impact Clear codes of conduct reflecting child
of entrenched gender stereotypes on the rights principles, which are harmonised
nature of violence in and around schools. with the law, should be established and pro-
Male students, staff and community mem- moted widely for all staff, students and their
bers, must be actively encouraged as stra- families and communities. It is the Govern-
tegic partners and allies; and along with ment’s responsibility to put in place mecha-
female students, staff and community nisms and protocols to ensure that schools
members, must be provided with oppor- have trained and trusted adults, within or
tunities to increase their understanding of independent of the school, to whom stu-
how to stop gender discrimination and its dents can safely and confidentially report
violent manifestations. incidents of violence and receive advice.
“There is new awareness about the prevalence of violence against children in Africa, and its effects,
4
both on those who experience it, and on the society at large. We need to translate this awaremess
into prevention, based on successful strategies from this and other regions.
To delay this response is to betray the trust invested in us to protect the vulnerable.”
Dr Luis G. Sambo, Regional Director for Africa, WHO
8. Ensure that school heads and teachers respect, equity, non-discrimination, and
use non-violent teaching and learning non-violent conflict resolution.
strategies and disciplinary measures.
Governments should ensure that teaching 11. Implement life skills education to enable
and learning strategies and disciplinary students to build personal skills. Govern-
measures are used that are not based on ments should ensure that rights-based life
fear, threat, humiliation or physical force. skills programmes for non-violence should
All school staff should be trained and be promoted in the curriculum through
supported in the use of non-violent and subjects such as peace education, citizen-
respectful classroom management strate- ship education, anti-bullying, human
gies, as well as specific skills to prevent pat- rights education, and conflict resolution
terns of bullying and other gender-based and mediation; with emphasis placed on
violence and to respond to it effectively. child rights and positive values such as
diversity and tolerance, and on skills such
9. Listen to students and encourage par- as problem-solving, social and effective 155
ticipation. Governments and their part- communication, in order to enable girls
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4
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4
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XV UNAIDS Inter-Agency Task Team (IATT) on
IRAQ, 1999, Mahmoud sits in the dormitory of Al-Rahma Rehabilitation Centre for street
children in the Rashad section of Baghdad.
VIOLENCE AGAINST CHILDREN
5
IN CARE AND JUSTICE INSTITUTIONS
Introduction 175
Human rights instruments 177
Background and context 178
The rise of the institution 178
Second thoughts about institutional care 180
Factors contributing to violence in institutions 180
Low priority 181 171
Inadequate staffing 181
they are frequently at higher risk of staff vio- and supervision by remunerated staff. The
lence in institutions than other boys and girls.2 size, organisation and activities carried out
within these institutions can vary widely. In
The violence suffered by children in institu- the most closed and isolated institutions, the
tions can be exacerbated when they are housed child’s entire life – education, health services
with adults or older children; this may lead and work, leisure and sleep – takes place there,
to physical and sexual victimisation by other and the institution is very much cut off from
older children and adult inmates. The impact the rest of the community.4
of institutionalisation goes beyond the imme-
diate exposure of children to violence: long- Some broad categories of institutional care
term effects can include severe developmental include:
delays, disability, irreversible psychological Long-term residential or institutional care:
damage, and increased rates of suicide and The number of children living in individual
criminal activity. A study from the USA found institutions may range from a few dozen to
that children who had been in detention in several hundred. Some residential institutions
the juvenile justice system were at great risk of are specifically for children with disabilities.
early violent death. The main cause of death The terms ‘residential care’ and ‘institutional
for young people who had been detained as care’ are used interchangeably in this chapter.
children was homicide (90.1%). Being male,
a member of a racial or ethnic minority, and Emergency shelter care: Facilities that pro-
from an urban area were the salient risk factors vide services to meet children’s basic needs for
for violent death, as well as for being caught up safety, food, shelter and education on a short-
in the juvenile justice system.3 term basis.
5
HUMAN RIGHTS INSTRUMENTS
The Convention on the Rights of the Child (CRC) requires States to provide special
protection to children who are deprived of a family environment (articles 19, 20). The
increased risk of violence against children in institutions adds to the State obligations
to take effective legislative and other measures to protect children in care or detention
from violence, and reduce significantly the number of children who are institution-
alised and detained. The CRC recognises that children should grow up in a family
environment: the Convention’s Preamble states that “… the child, for the full and
harmonious development of his or her personality, should grow up in a family environ-
ment, in an atmosphere of happiness, love and understanding.”
Other articles reiterate the centrality of the family in the upbringing of the child, except
when the child’s best interests dictate that alternative arrangements be made. Article
177
9 concerns family contact in cases where children are separated from their families;
>>>
HUMAN RIGHTS INSTRUMENTS
The International Covenant on Civil and Political Rights (ICCPR) states that the
sentence of death shall not be imposed for crimes committed by persons below 18
years of age (article 6). The Covenant also contains provisions which stipulate that
juvenile offenders shall be segregated from adults and be accorded treatment appro-
priate to their age and legal status (article 10). Article 14 of the Covenant states that
procedures against juvenile persons should take account of the age and the desirability
of promoting rehabilitation. In addition, the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment states that States should
take effective legislative, administrative, judicial or other measures to prevent acts of
torture (article 2).
178
Psychiatric facilities: Residential care, staffed the chapter on violence against children in the
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
In addition to the CRC, specific UN standards have been adopted for handling cases
of children in conflict with the law. These include the Standard Minimum Rules for
the Administration of Juvenile Justice, known as ‘the Beijing Rules’, adopted in 1985,
which offer guidance on the administration of justice in such a way as to provide for
the protection of children’s rights and respect for their developmental needs.6 Two
other standards adopted in 1990 – the UN Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) and the UN Rules for the Protection of Juveniles
Deprived of their Liberty (the JDL Rules) – complete the framework of prevention,
case management, and social rehabilitation of children.7,8
Many children who have been abandoned or placed in residential care, including chil-
dren with disabilities, could live with their families if provided with adequate social,
financial or medical support. By ratifying the CRC, States have committed themselves 179
to providing such support to the maximum extent of their resources (article 18.2).
abandonment of infants reached one in four in also the lack of effective and individual care
some European cities in later centuries. Until given to the children.
the 20th century, the mortality rate among
children in such institutions was invariably Institutions for children grew with industriali-
high.10 This reflected not only the swift spread sation and colonialism. As slums, unemploy-
of infection in any crowded residential setting ment and crime proliferated in the early indus-
before the advent of public health systems, but trialised world, the idea developed of ‘rescuing’
“There were teachers [at the ‘orphanage’] who exceeded their authority
and could beat us for no reason. They know that children have nowhere to turn.
And they could do anything they wanted.”
Child, Europe and Central Asia, 2003 II
poor children from their families – often judged Today, social policy ‘best practice,’ reflecting
to be delinquent or depraved – and protecting the CRC and other human rights obligations,
them in residential institutions. Meanwhile, in aims to provide as many children as possible
colonial and post-colonial settings, indigenous with an upbringing in a family, and access to a
or aboriginal children were also seen as need- mainstream school and community life. How-
ing to be ‘saved’ from what were judged to be ever, the process of de-institutionalisation, and
‘inferior’ cultures. In Australia and Canada, recognition of the damaging effects of institu-
for example, entire generations of such chil- tionalisation on children, is at different stages
dren were removed from their families, placed around the world. In countries where institu-
in residential schools, and denied their own tionalisation of children was never taken up on
culture, clothing and language.11 Systems of any major scale, the care institutions that did
develop have mostly been small and run by pri-
‘juvenile justice’ in Europe and the Americas
vate or religious institutions.
began to introduce residential detention insti-
tutions that were separate from adult prisons In some countries the level of youth crime has
180
in the late 19th and early 20th century. become a high-profile political concern, and
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
tiny, especially those run by private agencies, or gangs of older children sexually preyed upon
faith-based organisations, and NGOs, or that more vulnerable children.25 In many countries,
are situated in isolated areas. In such circum- children in detention are held with adult offend-
stances, violence may continue for years until ers, greatly increasing their risk of violence.
an extreme incident brings it to light. Moreover,
individuals responsible for violence against
children in care and justice systems are rarely
held accountable for their actions. If cases
are reported, they often are only investigated
superficially and prosecutions are extremely
UNICEF/HQ98-0891. Giacomo Pirozzi
5
We harbor all this anger and lash out at our peers, family, friends, social workers,
foster parents, group home staff, teachers etc., and the cycle continues.
Somewhere this needs to stop.”
Young person, North America, 2004 III
by HIV/AIDS and armed conflict.37 Evidence stan, for example, children with disabilities in
from Liberia,38 Uganda,39 and Zimbabwe40 all care number almost 20,000, compared to only
points to an increased use of institutional care 4,300 without disabilities.44
in recent years. Children’s rights advocates
point out that the majority of children entering Ethnic minorities targeted
these institutions often have at least one living Historically, children from racial and ethnic
parent or contactable relative. They argue minorities tend to be over-represented in care
that these new institutions simply draw chil- (for example in Australia, Brazil, and Canada,
dren out of communities, and represent funds as mentioned above), and in many cases this
which could have been better used to provide trend persists. In Romania, for example, the
improved support services at local level. Insti- Roma people account for less than 10% of the
tutional care is also expensive, costing between country’s population, yet as many as 40% of
six and 100 times more than community-based institutionalised children are Roma. This pat-
foster care, the policy response preferred both tern is repeated in several other countries of
by Governments and aid donors.41 Eastern Europe, including Bulgaria, the Czech
Institutionalisation in Eastern Europe Republic and Hungary. In Central and East-
and former Soviet countries ern Europe and ex-USSR countries generally,
prejudice against ethnic minorities is reported
Institutions for children are more prevalent in to have led staff in residential institutions to
Central and Eastern Europe (CEE) and in the discourage contact between parents and their
Commonwealth of Independent States (CIS) institutionalised children, and reduced foster
than any other region. During the 1960s and care and adoptive placements.45,46
5
WHY CHILDREN ARE PLACED violence. The organisation found that 88% of
IN RESIDENTIAL CARE children in SOS Children’s Villages in Croa-
tia, 75% of children in Belarus, and 55% of
In contrast to earlier times, today relatively few children in Lithuania, had suffered physical or
children are placed in residential care because sexual violence within the biological family.51
they have no parents. In the CEE and the CIS, Also, many children are removed from fami-
for example, the proportion of children living
lies because of substance abuse by their parents
in residential institutions who have no living
and caregivers.
parent is between 2% and 5%,47,48 while in
Brazil it is about 5%.49 Most commonly, chil- Disability: Because of the widespread stigma-
dren are placed in care because of disability, tisation of children with disabilities as well as
family disintegration, violence in the home, the lack of support provided to parents, these
lack of social support systems, and poor social children are institutionalised at significantly
and economic conditions, including poverty. In higher rates than other children. In Jamaica, for
some countries, natural disasters, armed con- example, 65% of children with developmental 185
flict or the effects of the HIV/AIDS pandemic or physical disabilities live in homes run exclu-
provide children with food, shelter and educa- the family (69%), social reasons such as par-
tion, which are often not available elsewhere. ents in prison (23%), abandonment (4%), and
Among the approximately 8,000 Somali chil- disability (4%).
dren resident in children’s homes, a high pro-
portion of them have relatives.55 There were no orphans (defined in this con-
text as children with no living parents) living
Lack of alternatives: In many environments, in institutions in these countries. In contrast,
alternatives to institutionalisation, including a little over one in 20 of the institutionalised
support for vulnerable families and family- children in central and south-eastern Europe
based care, have not been developed. This (Croatia, Czech Republic, Estonia, Hungary,
can lead to unnecessary overuse of residential Latvia, Romania and Slovakia), Cyprus and
placements. For example, the director of a psy- Malta were orphans. The main reasons for
chiatric hospital in Turkey estimated that of the children being placed in residential care
500 patients (including adults and children) in these countries were abandonment (32%),
at his facility, only 10% would need to be social reasons such as family ill-health and
confined as in-patients if community-based incapacity (25%), disability (23%), abuse or
services were available.56 In Romania, the neglect (14%), and orphaned (6%).58
population of children in orphanages has been
reduced, but many children with disabilities The study concluded that less wealthy coun-
have simply been moved from larger institu- tries with lower levels of spending on public
tions to smaller ones. The extensive funding health and social services tended to have
needed for these new institutions has drained higher numbers of institutionalised children.
scarce resources from developing foster care It speculated that this might be due to a lack
5
of counselling services to prevent abandon- SOURCES OF VIOLENCE WITHIN
ment, and that are unable to provide social CARE INSTITUTIONS
services to parents who are at risk of being vio-
lent towards their child. As well, in countries The heightened risk of violence to children
with fewer health and social services to offer in care institutions comes from a variety of
parents such as mental health and alcohol or sources. The greatest amount of evidence con-
drug addiction services, children are likely to cerns violence of various kinds by staff, includ-
remain in institutional care for longer periods ing neglect, and violence by children against
of time. other children. In addition, some forms of
treatment practiced in many institutions
In Brazil, a national survey of 589 institutions themselves constitute violence.
receiving federal funding used somewhat differ-
ent categories to collect data on institutionali- Violence by staff
sation of children of all ages. The main reasons Children in residential facilities may be sub-
children were institutionalised included the jected to physical, sexual and psychological 187
following: family’s lack of material resources
purported ‘treatment.’ For example, in Turkey, for such operations. However, several reasons
a two-year investigation found that in psychiat- have been given, including that the operation
ric institutions, children as young as nine were will prevent the girls from menstruating, thus
subjected to electroconvulsive or ‘shock’ treat- avoiding demands that would otherwise be
ment (ECT) without the use of muscle relax- placed on caregivers; and that it will ensure
ants or anaesthesia. Such treatment is extremely that the young girl will not become pregnant.
painful, frightening and dangerous.63 Such concerns reflect the problems of under-
staffed institutions and the lack of sexual and
Electric shocks are also used as an ‘aversive
reproductive health education and services for
treatment’ to control children’s behaviour in
girls with disabilities, as well as the lack of
some institutions. For example, the SIBIS (Self
adequate protection against the assumed risk
Injurious Behaviour-Inhibiting System) device
of rape for young women both in institutions
is a commercially available remote-controlled
and the community.
electric shock device marketed almost exclu-
sively for administering shocks to children Lack of care as a form of violence
with disabilities. One facility in the United
States devised its own ‘substantially stronger’ Wherever children are living, including when
device when it found that electrical shocks they are in the custody of the State, Govern-
from the SIBIS device “lost much of (their) ments are required to ensure that basic needs are
effectiveness” over a period of a few months.64 met. However, conditions in many residential
institutions are often so poor that they put the
Drugs may also be used, not for medical treat- health and lives of children at risk. Institutions
ment, but to control children’s behaviour and are often overcrowded, unsanitary, and lacking
5
in both staff and resources, leading to increased While recent studies are not common on
mortality rates among these children compared this issue, studies from the 1990s in the UK,
to their peers in family environments. Russia, and elsewhere indicated that bullying
and sexual abuse by peers while children were
In Mexico, children in psychiatric facilities in care widespread.69 ‘High-impact’ physical
have been found lying on mats on the floor, violence was also reported widely, ranging from
some covered with urine and faeces. Lacking knife attacks to kicks and punches, primarily
adequate staff supervision, some children were from peers.70 In some cases, children reported
seen eating their own faeces and physically that orphanage staff pitted them against each
abusing themselves.67 In rehabilitation centres other for their own entertainment.71
for children with mental disabilities bedrid-
den children emaciated from starvation and IMPACT OF INSTITUTIONALISATION
dehydration have been found. Bottles of food ON CHILDREN’S HEALTH
were provided by staff, but children who were AND DEVELOPMENT
189
unable to pick up the bottles due to their dis-
The overuse of institutions for children exacts
do not exist due to financial constraints and friendly legislation in line with the CRC and
lack of capacity. Separate facilities for chil- other international standards, application and
dren in conflict with the law are scarce, and enforcement of these norms lag behind.
children under 18 are imprisoned with adult
offenders, putting them at even greater risk of Although the majority of offences committed
violence and sexual abuse. This situation has by children are non-violent, pressure on politi-
been reported to the Study from Kenya, Mad- cians to ‘get tough on crime’ has driven increas-
agascar, Eritrea, and Mozambique, and occurs ingly tougher responses to children in conflict
in many other countries.92 with the law. This pressure has resulted in
harsher sentences and increased rates of deten-
HISTORICAL CONTEXT tion. These policies are often fuelled by dispro-
portionate media attention to juvenile crime
Policies to deal with children in conflict with that reinforce public misconceptions about
the law have evolved as societies themselves the nature and extent of crimes committed by
have changed over time, and as ways of admin- children. For example, in the USA, between
istering law and order have been redesigned to 1993 and 1999, the number of children con-
match contemporary socio-political ideas and
fined in juvenile detention facilities increased
realities.
by 48%, even though violent crime committed
Children living on the streets of towns and by children decreased by 33% during the same
cities, some of them involved in petty crime, period.94 Between 1994 and 2004, the number
became a fixture of the urban scene from of children sentenced to penal custody in Eng-
the 19th century onwards, sparking calls for land and Wales increased by 90%.95
“The life here in prison is very difficult. It is hard, because it is not easy for a person to live.
We who are new here suffer a lot. We sleep badly. Usually, you don’t sleep – you fall asleep
5
sitting down until the morning. Because the prison is overcrowded. We eat badly. We are suffering,
we’re beaten with a belt, the boss of the discipline beats us a lot. They sleep with us.
The cell bosses force us to sleep with them (to have sexual intercourse).”
Boy, 14, Eastern and Southern Africa, 2005 IV
On the plus side, more progressive attitudes are most modern child development experts, but
beginning to make an impression in pockets the crime- and safety-conscious society may
of the developing world. Some of these efforts insist upon it.
to change attitudes towards marginalised and
discriminated children, and to keep them The CRC and other human rights treaties set
from the descent into criminality which can out guidelines for the use of detention, and
be expected to follow exposure to incarcera- provides that it should always be used as a last
tion and police brutality, are examined more resort and for the shortest possible time (article
closely later. 37). However, custodial regimes for the under-
18s vary enormously, and few live up to these
provisions.
Why children come into conflict
with the law
Violence in the home and the pressures of 193
In addition to being petty offenders, most Although almost no data are available about
children in detention have not been previously young offenders with disabilities, it is widely
arrested. For example, in the Lao People’s accepted that children with intellectual
Democratic Republic and the Philippines, it impairments and mental health problems
194 was found that over 90% of children in deten- are at increased risk of conflict with the law
tion were there for a first offence.102 – often at the behest of others who see them
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
A unique group of children at risk of violence in detention facilities are infants and
young children who are in prison with their mothers. This practice exists in many
countries, in all regions. However, institutions seldom provide the necessary condi-
tions to protect children. There are undeniable benefits in keeping children with their
mothers; some countries allow only infants to stay with their mothers, while others
allow mothers to keep children up to the age of six. However, improvements are
urgently needed in the conditions under which these institutions function in order
to cater for the specific needs of children living with their mothers in detention. For
example, a study on children in prisons with their mothers in Cambodia found that
children were beaten by other prisoners when they cried, or as a result of a dispute
with the child’s mother.104
5
health needs, yet increasing numbers of chil- Many children working or living on the streets
dren with mental or emotional disorders end are simply assumed to be anti-social elements,
up there. Such placements are devastating to and are taken into detention by police with-
families. Children with mental health needs out proof of misdeed. In Rwanda, as in many
face the added stress of being displaced and other countries, street children are rounded up
feeling abandoned. Meanwhile, parents have and placed in ‘re-education centres’ where they
to give up their say about key aspects of their are deprived of their liberty, whether or not
children’s lives, sometimes even losing track of they have committed an offence.107 In many
where their children are living. settings, they are sent by courts to detention
in remand institutions or adult prisons, where
Detention as a substitute for care they may be kept indefinitely.108
In too many countries, the criminal justice Children who are victims of sexual or eco-
system is used as a substitute for adequate care nomic exploitation are frequently detained as
and protection systems. The police are often if they were criminals, including girls fleeing 195
the first and only agency to respond to chil- forced marriages, trafficked children and chil-
GIRLS IN DETENTION
The use of so-called ‘protective custody’ disproportionately affects girls who are most
often the victims of sexual abuse and exploitation. Detention for the protection of girls
who have been sexually abused is particularly acute in countries where ‘honour crimes’
are practised. For example, in Syria, girls who have been sexually assaulted are often
put into an institution for juvenile delinquents rather than handed over to their par-
ents, due to fears that the girls may be killed to preserve the family honour, or forced
to marry their rapist.114
Since girls are usually detained in much smaller numbers than boys, Governments
may have even fewer facilities to ensure their segregation from adults. A 2002 paper on
juveniles and the law commented that “The numbers of juvenile girls within the system
>>>
“Ninety percent of the kids that go in, come out worse than when they went in.”
Young person, North America, 2004 V
GIRLS IN DETENTION
are small, and as a result they are simply tacked onto the rest of the system with little
recognition that their needs are different and separate from older women. It also means
that they attract fewer resources…”115
Girls in detention facilities are at particular risk of physical and sexual abuse, par-
ticularly when detained in mixed-sex facilities, or where a general lack of facilities for
girls results in placement in adult facilities. An additional concern is the lack of female
staff in facilities detaining girls. Male staff often engage in ‘sanctioned sexual harass-
ment,’ including improper touching during searches, or watching girls while they dress,
shower, or use the toilet.116 Male staff also use their positions of authority to demand
sexual favours, and are responsible for sexual assault and rape.
196
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
Social Welfare and Development within eight punishments of extreme violence, including
hours of a child’s arrest are frequently not flogging, stoning, and amputation. For exam-
observed, and children may remain detained ple, the CRC has expressed concern about
in police cells for up to a month.127 In Jamaica, such sentencing of children to States includ-
an investigation in the late 1990s found that ing Brunei Darrussalam, the Islamic Republic
many children who were abused, neglected of Iran, Nigeria, Pakistan, Saudi Arabia, and
or accused of only petty offences remained Yemen, and has recommended that these coun-
in filthy and overcrowded police lock-ups for tries amend existing laws to make these prac-
periods of eight months or more.128 tices unlawful.132
Similarly, violence may be used against chil- Although universally condemned and prohib-
dren in the custody of security and military ited by international law (ICCPR, article 6,
forces in occupied or disputed territories. In CRC, article 37a), some States still demand
Israel and the Occupied Palestinian Territory, capital punishment for crimes committed
198 over 1,400 Palestinian children were arrested by children. Since 1990, Amnesty Interna-
by Israeli military authorities between 2000 tional has recorded 39 reported executions
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
and 2004. Affidavits by Palestinian child of child offenders in eight countries – China,
detainees indicated that most were subjected the Democratic Republic of the Congo, the
to one or more forms of mistreatment during Islamic Republic of Iran, Nigeria, Pakistan,
their period of arrest and interrogation includ- Saudi Arabia, the USA, and Yemen.133 In
ing sexual harassment, and physical and psy- March 2005, however, the US Supreme Court
chological threats.129 ruled that the death penalty could no longer
be imposed on individuals for crimes commit-
Violence as a sentence
ted before the age of 18, and the remaining
Corporal punishment as a sentence for children 72 persons who had been sentenced to death
convicted of offences has been prohibited in for crimes committed as juveniles were then
177 States and territories, and a series of human removed from death row.134
rights judgments have condemned the practice.
A life sentence without the possibility of release
However, some 31 States and territories still
for offences committed by children is also
permit corporal punishment as a court sentence
against children.130 For example, Malaysia’s proscribed by international law (CRC, article
Child Act allows the whipping of children found 37a). However, at least 15 countries have laws
guilty of an offence.131 In Tonga, the Criminal allowing this, although only a handful impose
Offences Act stipulates that boys under the age the sentence in practice. Outside the USA,
of 16 can be whipped up to 20 times. there are only about a dozen child offenders
known to be serving life sentences. In the USA,
In certain countries, children who are judged however, by 2005 some 2,225 individuals had
to have reached puberty may be sentenced to been sentenced to serve the rest of their lives
5
in prison for crimes they had committed as installed, children are routinely detained with
children. An estimated 59% were sentenced to adult offenders under appalling conditions,
life imprisonment without parole for their first- increasing their risk of violence from older
ever criminal conviction; an estimated 26% inmates.137
were convicted of ‘felony murder,’ in which the
child had participated in a robbery or burglary In addition, where countries allow children
during which a co-participant had committed to be detained, tried, and sentenced as adults,
murder, often without the knowledge or intent they may also incarcerate them with adults.
of the child. Racial disparities are marked, with In the USA, nearly every state has recently
African-Americans receiving the sentence 10 changed its laws to make it easier to try chil-
times more often than white children.135 dren as adults; in 2000, an estimated 55,000
children were tried in adult courts.138 Children
Violence by adult detainees who are convicted in these courts are then typ-
ically detained in adult prisons.
National legislation in most countries requires
199
separate facilities for children in conflict with Violence by other children
to violence, neglect, or poor living conditions. UK, 29 children died in detention between
Prolonged or indefinite detention and isolation 1990 and September 2005. Twenty-seven
also contribute to poor mental health (dis- hanged themselves, the youngest aged 14, and
cussed above) and the risk of self-harm. one died while being restrained.143
In the USA, 110 youth suicides are reported to For children detained in adult facilities, the
have occurred nationwide in juvenile facilities risks of self-harm are particularly great; some
from 1995 to 1999.141 In 2002, a total of 122 studies in the USA indicate that children
juvenile detention facilities reported transport- detained in adult jails or prisons are up to
ing at least one child to a hospital emergency eight times more likely to commit suicide than
room because of a suicide attempt.142 In the those detained in juvenile facilities.144
children placed in diversion programmes. In the USA, virtually every study examining
recidivism among children sentenced to juvenile detention facilities has found that at
least 50–70% of offenders are re-arrested within one or two years after their release.145
In contrast, recidivism rates for children placed in some community-based alterna-
tive programmes are as low as 10%.146 Recidivism is particularly acute for children
detained with adults. In Cambodia, an estimated six out of 10 children detained in
adult prisons are re-arrested for more serious crimes after their release.147
According to one juvenile justice expert: “Evaluation research indicates that incarcerat-
ing young offenders in large, congregate-care juvenile institutions does not effectively
rehabilitate and may actually harm them. A century of experience with training schools
and youth prisons demonstrates that they constitute the one extensively evaluated and
clearly ineffective method to treat delinquents.”148
5
OTHER CHILDREN IN STATE sions for the care and protection of unaccom-
panied children. Such arrangements should
CUSTODY
ideally include separate reception facilities, a
REFUGEES, ASYLUM SEEKERS prohibition on child detention, and officially
AND MIGRANTS appointed trained guardians. But the reality
is that many centres are not equipped to meet
Children may flee their home countries for a children’s needs, and staff are not trained to
variety of reasons including armed conflict, deal with children, especially those who may
ethnic insurgency, persecution of their fami- be suffering from trauma. This increases their
lies, death or disappearance of their parents, or potential exposure to violence. Significant
forced military recruitment. Others may move numbers of unaccompanied and separated
across borders in search of better economic and children disappear from reception facilities or
social opportunities, often without the neces- during the asylum procedure.151 Some of these
sary documents or in contravention of immi- disappearances are reported as being related to
gration rules. Whether legal or illegal in status, trafficking. 201
many of these children find themselves in insti-
For example, in Australia, hundreds of girls migration channels, but major flows invariably
and boys seeking asylum have been held in include children, including some who become
detention centres for an average of 20 months. unaccompanied or separated from close family
The prolonged detention had a significantly during the migratory process. In Spain, almost
detrimental impact on the mental and physi- 1,400 unaccompanied and separated migrant
cal health of some of these children. Some of children were taken in by the Andalucian
the children held in detention suffered from Administration in Southern Spain between
depression, post-traumatic stress disorder, and January and October 2005.157 In Mexico, over
anxiety disorders. Other children experienced 4,000 unaccompanied children were returned
bed wetting, sleep walking and night terrors.154 to their countries of origin in 2005 alone, most
Children were also exposed to unrest, protests of them to Guatemala. The return procedures
and violence that took place in some of the do not include the necessary safeguards to
detention centres. Some children in detention guarantee the security and well-being of these
also sewed their lips together and committed children.
202 other acts of self-harm.155
Concern over the treatment and care migrant
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
better services to meet a wide range of chil- In the interests of reducing the numbers of
dren’s needs (including those related to sex and children taken into custody, criminal codes
disability), improved supervision and adminis- and other legislation related to crime and polic-
trative transparency, and more openness to the ing need to decriminalise status offences and
voices and involvement of children and their survival behaviours (such as begging, loitering,
families. vagrancy) to remove the legal basis under which
many children are taken into custody. Sexu-
Also essential is action to address the impu- ally exploited or trafficked children should be
nity of those who are responsible for violence treated as victims to be helped rather than per-
against children, by establishing effective and petrators to be arrested, and must be provided
transparent monitoring, investigation and with community-based care and protection.
accountability mechanisms. In the case of trafficking and illegal entry of
migrant children, there should be a non-pun-
LEGISLATIVE ACTION ishment clause for immigration offences such
as possession of fraudulent documents.
A clear legislative basis to deal with children in
care and detention is an essential part of elimi- Legislation must reflect States’ obligations to
nating violence against children in institutions protect children, wherever they are placed and
and other forms of alternative care. In some whoever is providing or managing the institu-
countries, this may best be contained within a tion or form of care. All potential staff should
comprehensive children’s act or similar broad- be screened. All institutions and alternative
based piece of legislation; in others, existing forms of care must be registered and the care
legislation may need to be modified. In all of children within them regulated in detail. All
5
care and justice institutions should be required and institutional care should be regarded as
to report on all incidents of violence. options of last resort, taking into account the
best interests of the child and his or her long-
Legislation should also ensure that institutions term special needs.
can no longer operate as closed settings, without
accountability. Public scrutiny must be guar- Most of the following are primary prevention
anteed in a number of ways, including ensur- approaches, aimed specifically at reducing insti-
ing access for children’s families (except when tutionalisation. It should, of course, be borne in
not in the best interests of the child), NGOs, mind that a range of broad-brush measures (such
human rights institutions and ombudspersons, as improved basic service provision, including
lawyers, media, and other elements of civil soci- for families of children with disabilities or other
ety, while respecting individual privacy and dig- risk factors, livelihood improvement, gender
nity for girls and boys. Effective monitoring and and social equality, prevention of substance
reporting systems by competent bodies should abuse, reduction of domestic violence, inclu-
be established in law, with the power to demand sive education and educational retention, and 205
ongoing information on conditions, and to general anti-poverty development goals) would
There is nothing particularly new about the institutional care. Clear strategies for reinte-
‘last resort’ principle either for care or justice grating children into the communities must be
issues. The problem has been that in many parts in place. In many countries, this will entail a
of the world, the ‘last resort’ is frequently the fundamental shift in policies.
only resort considered or available. Although
there have been local successes, in only a few Professionals who work with children, policy
regions have entire care and justice systems makers, and officials including police and
shifted towards making alternatives the norm. judges should be educated about the desirabil-
In the words of one expert who contributed to ity and availability of alternatives to institu-
this Study, “It is not enough to repeat the same tionalisation or detention. For example, police
services should have specifically trained police
mantra, it must mean a radical change in the
to focus on children’s care and protection
way the systems operate.”
issues. Doctors and other health professionals
Prioritise alternatives should be able to provide families with a dis-
abled child or other at-risk children with the
206 Family and community-based alternatives and referrals and information they need to care for
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
A family in Lebanon had four children between the ages of two and 12. The father
was severely disabled and required extensive care. The mother was active and healthy,
but jobless and overburdened with her family’s daily needs. Although her three older
children were doing well in school, the mother was unable to pay their education fees.
She approached an SOS Children’s Village, asking them to accept her children.
Rather than taking the children into care, SOS made an agreement with the mother
that SOS would cover the children’s educational fees for one year, and approached the
school to reduce the school fees. The mother was also asked to prepare a business plan
for an income-generating activity that she could carry out. SOS agreed to help with
start-up costs and provide a loan for her business. Within 15 days, the mother drew up
a plan for a mini-bakery in a shop next to her house. As soon as she went into business,
she began to generate income and to repay the loan to SOS. The family soon became
entirely self-reliant, with the children remaining at home with their parents.176
“We don’t know why you are here and how long you will have to stay. You are ten years old,
scared and confused. Your journey through life has been grim – family despair and violent arguments,
no money for clothes or games, sometimes no money for food. But nothing has prepared you for this.
5
Yesterday you were home. This morning a social worker came and took you away. You joined the more
than one million children living in residential institutions across Europe and Central Asia. We must
try to see the world through the eyes of children we serve.”
Maria Calivis, Regional Director for CEE/CIS and Baltic States, UNICEF, 2005 XI
In 1997 and 1998, the Kenyan Department of Children’s Services estimated that 80% of
children in the juvenile justice system were cases of children requiring care and protec-
tion. Only 20% of children had committed actual offences, and few of these were seri-
ous. In 2001, the Department of Children’s Services and Save the Children UK started a
pilot project to divert children away from the courts in Nairobi, Nakuru and Kisumu.
The aim of the programme is to divert children, especially those in need of care and
protection, away from the justice system at the earliest possible point. A focus is to
ensure that police officers are trained to refer children to other agencies rather than
placing them in detention. As part of the project, specialised Child Protection Units
were set up in major police stations in the three pilot project areas, and police officers
and other stakeholders received training in child rights and the diversion process. At
210
the community level, member groups offer skills training, counselling for parents and
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
In recent years, a number of NGO initiatives It is of utmost importance that all children
have been taken in countries where police rou- who are placed in care systems or detention
tinely detain children for petty offences. For facilities should be protected from all forms
example, in the Philippines, as many as 94% of violence. To do so, a clear legal framework
of children detained in custody are first-time and a range of policies, regulations and pro-
offenders, and the level of violence they experi- grammes must be in place.
ence in custody is high. In the country’s Visayas Staff selection, training and
island group, local Children’s Justice Commit- remuneration
tees have been formed to handle the cases of
children arrested for minor offences, using Given the documented levels of violence per-
mediation between the parties. This project, petrated by staff against children in institu-
run by FREELAVA, a Filipino NGO, is now tions, staff who work in both care and justice
operational in 10 barangays (villages or munici- systems – including foster carers – should be
pal wards) with a population of between 10,000 carefully selected, undergo criminal record
and 100,000. Community volunteers and peer checks, receive appropriate training and neces-
counsellors, who were themselves previously sary supervision, be fully qualified, and receive
children in conflict with the law, assist children adequate wages. Levels of staffing should
removed from custody and help them reinte- ensure effective care and oversight.
“We feel our juvenile justice systems have the responsibility to rehabilitate youth
and integrate them back into society rather than subject them to more violence.”
Children, North America, 2005 XI
Staff must be trained in child rights and non- ensure their transfer to more appropriate care.
violent disciplinary measures. Care should be Police stations and lock-ups should be subject
taken not to train staff in such a way as to to regular, independent monitoring.
create a gulf between them and children and
young people. The overwhelming need of chil- Conditions in all institutions should con-
dren is for nurture, and few react well to being form to international standards, including the
treated like ‘clients’ and ‘caseloads’. provision of health and mental health care,
adequate nutrition, and sanitation. Children’s
Efforts should be made to improve the status of dignity and need for personal space should be
individuals working with children in care and respected. Children should be separated from
justice systems, to ensure high-calibre employ- adults, and younger, more vulnerable children
ees. Health-care and educational staff should should be separated from those that are older
be institutionally independent from the agency or known to be violent. Facilities should not be
that runs the institution. All staff should be overcrowded, and children should have oppor-
212 required to report all instances of violence. tunities for recreation and mobility. Children
should not lose their right to education, voca-
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
In 2003, approximately 110 infants were abandoned on the streets of Khartoum every
month, with 50% dying within hours. Those who survived were admitted to May-
goma, Khartoum’s only institution for infants, where mortality rates reached 75%.
Between 1998 and 2003, of 2,500 infants admitted, only 400 survived. Those that
lived suffered severe developmental delays and some suffered from chronic illnesses due
to poor nutrition and to lack of stimulation and individual care.
To address the problems at Maygoma, the Sudanese Government, UN organisations,
community groups and key NGOs including Médecins Sans Frontières and Hope and
Homes for Children formed a task force. This task force identified three main needs
in the community: services to prevent the separation of children from their families,
and services to reunite families; alternative family care for children who could not live
214 with their families; and specialist services for children with disabilities. Its goal was the
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
In order to ensure that children are not unnec- tive placements or a return to the child’s family
essarily retained in residential or other care, is possible (CRC article 25). This assessment
placements should be reviewed regularly to should be carried out with the full involvement
assess whether the child’s continued institu- of the child and, where appropriate, with the
tionalisation is necessary, or whether alterna- child’s family, together with a multi-disciplin-
5
ary group including educators, social workers, racial and ethnic minorities, parentless chil-
representatives of the facility, and others. dren, children with disabilities, and children
affected by HIV/AIDS, since exclusion and
Children who go out into the world at the end discrimination exacerbate the risk of violence.
of a long period of institutional care or deten- Individuals and families should be encouraged
tion should not simply be left to fend for them- to demand more support in caring for their
selves, without follow-up and support. Many children themselves, and to resist pressures to
children feel as if they have ‘been pushed off a give children up to institutional care.
cliff’ when they leave care and have to manage
their lives independently; they may have no
WHERE RESOURCES ARE SCARCE
experience of making the simplest decision on
their own behalf. They may lose their friends Many of the responses described in this chap-
and what they regard as ‘home’, and have great ter depend on the capacity of care systems and
difficulty adjusting to any new regime, whether the availability of qualified social workers. In
independent or in another form of care. For many countries, that capacity is at a very low 215
example, children formerly in care in the USA level, or non-existent, particularly in rural
vacy rights. in all cases, and are the only option for
babies and small children.
10. Registration and collection of data. Gov-
ernments should ensure that all placements For justice systems
and movements of children between place-
ments, including detention, are registered 13. Reduce detention. Governments should
and centrally reported. Data on children ensure that detention is only used for child
in detention and residential care should be offenders who are assessed as posing a real
systematically collected and published. At danger to others, and then only as a last
a minimum, such data should be disaggre- resort, for the shortest necessary time, and
gated by sex, age, disability and reasons for following judicial hearing, with greater
placement. All incidents of violence should resources invested in alternative family-
be recorded and centrally reported. Infor- and community-based rehabilitation and
mation on violence against children should reintegration programmes.
also be collected through confidential exit 14. Legal reform. Governments should ensure
interviews with all children leaving such that all forms of violent sentencing are pro-
institutions, in order to measure progress hibited for offences committed before the
in ending violence against children. age of eighteen, including the death penalty,
For care and social welfare systems and all indeterminate and disproportion-
ate sentences, including life imprisonment
11. Support parents’ capacity to care for their without parole and corporal punishment.
children. Governments should fulfil their Status offences (such as truancy), survival
5
behaviours (such as begging, selling sex,
scavenging, loitering or vagrancy), victimi-
sation connected with trafficking or crimi-
nal exploitation, and anti-social or unruly
behaviour should be decriminalised.
15. Establish child-focused juvenile justice
systems. Governments should ensure that
juvenile justice systems for all children up
to age 18 are comprehensive, child-focused,
and have rehabilitation and social rein-
tegration as their paramount aims. Such
systems should adhere to international
standards, ensuring children’s right to due
process, legal counsel, access to family, 219
and the resolution of cases as quickly as
4 Ministry for Foreign Affairs Sweden (2001). Children 14 Include Youth (2005). Submission to the Committee
in Institutions. Stockholm, Ministry for Foreign Affairs on the Rights of the Child General Day of Discussion on
Sweden. Children Without Parental Care. Belfast, Include Youth.
220
15 United Nations Secretary-General’s Study on Violence
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
82 National Commission for Child Welfare and 92 United Nations Secretary-General’s Study on Violence
Development Records (2003). Cited in: AMAL and against Children (2005). Regional Desk Review: South
Consortium for Street Children (2004). Street Children Asia. Available at: http://www.violencestudy.org/r27.
and Juvenile Justice in Pakistan. AMAL and Consortium 93 UNICEF (1998). Juvenile Justice. Innocenti Digest No 3.
for Street Children. Florence, International Child Development Centre.
83 Martin F, Parry-Williams J (2005). The Right Not to Lose 94 Annie E Casey Foundation (2003). The Advocasey
Hope. London, Save the Children UK. Index: Kids, Crime and Punishment. Advocasey, 5(1).
224
84 Amnesty International (2002). Burundi: Juvenile Justice 95 Nacro (2005). A Better Alternative: Reducing Child
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
against Children Worldwide. New York, Human Rights 137 United Nations Secretary-General’s Study on Violence
Watch. against Children (2005). Summary Report of the
Thematic Meeting on Violence against Children in Conflict
127 Defence for Children International (2003). Kids Behind
with the Law. 4–5 April 2005, Geneva. Available at:
Bars: A Study on Children in Conflict with the Law:
http://www.violencestudy.org/r180.
Towards investing in prevention, stopping incarceration
and meeting international standards. Amsterdam, 138 Human Rights Watch (2005). The Rest of Their Lives:
Defence for Children International. Life Without Parole for Child Offenders in the United
States. New York, Human Rights Watch.
128 Human Rights Watch (1999). Nobody’s Children:
Jamaican Children in Police Detention and Government 139 Human Rights Watch (2004). Real Dungeons: Juvenile
Institutions. New York, Human Rights Watch. Detention in the State of Rio de Janiero. New York,
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129 Defence for Children International (2003). Kids Behind
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Towards Investing in Prevention, Stopping Incarceration Custody 2003-2004: an analysis of children’s experiences
and Meeting International Standards. Amsterdam, in prison.
Defence for Children International. 141 Annie E. Casey Foundation (2003). Juvenile Justice at
130 Global Initiative to End All Corporal Punishment of a Crossroads. Advocasey, Vol. 5, No 1. Baltimore, The
Children (2006). Global Summary of the Legal Status Annie E. Casey Foundation.
of Corporal Punishment of Children, 28 June 2006. 142 US Department of Justice (2004). Office of Juvenile
Available at: www.endcorporalpunishment.org. Justice and Delinquency Prevention Annual Report,
131 United Nations Secretary-General’s Study on Violence FY2003-2004. Washington DC, OJJDP.
against Children (2005). Regional Desk Review: East Asia 143 The Howard League for Penal Reform (2005). Available
and the Pacific. Available at: www.violencestudy.org/r27. at: http://www.howardleague.org/index.php?id=213
5
144 Office of Juvenile Justice and Delinquency Prevention 154 Human Rights and Equal Opportunity Commission
(1985). Juveniles in Adult Jails and Lockups: It’s Your Australia (2004). A Last Resort? Summary Guide.
Move. Washington DC, OJJDP. (A summary of the important issues, findings and
recommendations of the National Inquiry into Children
145 American Youth Policy Forum (2001). Less Cost, More
in Immigration Detention.) Human Rights and Equal
Safety: Guiding Lights for Reform in Juvenile Justice.
Opportunity Commission.
Washington DC, American Youth Policy Forum.
155 Human Rights and Equal Opportunity Commission
146 Coalition for Juvenile Justice (2004). Unlocking the
Australia (2004). A last resort? Summary Guide.
Future: Detention Reform in the Juvenile Justice System.
(A summary of the important issues, findings and
147 United Nations Secretary-General’s Study on Violence recommendations of the National Inquiry into Children
against Children (2005). Regional Desk Review: East Asia in Immigration Detention.) Human Rights and Equal
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org/r27.
156 United Nations Secretary-General’s Study on Violence
148 Feld BC (1998). Juvenile and Criminal Justice Systems’ against Children (2006). Summary Report of the
Responses to Youth Violence. Crime and Justice, 24: Thematic Consultation on Violence against Refugee
189–261. Cited in: Annie E Casey Foundation (2003). and other Displaced Children. 25 April 2006, Geneva.
Juvenile Justice at a Crossroads. Advocasey, 5(1): 17. Available at: http://www.violencestudy.org/r180. 227
164 Coalition to Stop the Use of Child Soldiers (2005). 175 Habibi G (1999). UNICEF and Children with
Submission to the UN Secretary-General’s Study on Disabilities. One-in-Ten, 2(4). UNICEF Education
Violence against Children, with specific reference to Update.
children in military schools and to children in peacetime 176 Allouche Z (2005). Children Without Parental Care.
228 government forces. Coalition to Stop the Use of Child Submission to the Committee on the Rights of the
Soldiers.
VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS
168 International Save the Children Alliance (2003). A 179 UNICEF (2003). From Perception to Reality: A Study on
Last Resort: The Growing Concern About Children in Child Protection in Somalia. UNICEF Somalia, Ch. 10.
Residential Care. London, Save the Children UK. 180 UNICEF (2003). From Perception to Reality: A Study on
169 Desmond C (2002). The Economic Evaluation of Models Child Protection in Somalia. UNICEF Somalia, Ch. 10.
of Care for Orphaned and Vulnerable Children. Paper 181 OHCHR et al. (2005). Protecting the Rights of Children
prepared for Family Health International, August 2002 in Conflict with the Law. Programme and Advocacy
draft. Experiences from Member Organisations of the Inter-
170 World Bank (1997). Confronting AIDS: Public Priorities agency Coordination Panel on Juvenile Justice. Summary
in a Global Epidemic. Washington DC, World Bank. Document. Inter-Agency Coordination Panel on
Juvenile Justice /UNICEF.
5
182 Martin F, Parry-Williams J (2005). The Right Not to Lose VI United Nations Secretary-General’s Study on Violence
Hope. London, Save the Children UK. against Children (2005). Regional Desk Review: North
America, p 43. Available at: www.violencestudy.org/r27.
183 Human Rights Watch (2006). Failure to Protect
Children in Foster Care: Former Foster Children, Now VII Save the Children (2003). One Day in Prison-Feels like
Homeless in California. Advocacy Paper. New York, a Year: Palestinian Children Tell Their Own Stories.
Human Rights Watch. Stockholm, Save the Children Sweden.
184 Mulheir G (2005). De-institutionalisation in Sudan: VIII Human Rights Watch (1998). The Rest of their Lives :
Preventing Violence Through Transforming Services to Life Without Parole for Child Offenders in the United
Children and Families. Submission to the Unitd Nations States. New York, Human Rights Watch, p 64.
Secretary-General’s Study on Violence against Children.
IX L’Observatoire des droits de l enfant de la région océan
185 OHCHR et al. (2005). Protecting the Rights of Children indien (2006). La violence contre les enfants dans la région
in Conflict with the Law. Programme and Advocacy de l’océan indien. Annual Report of the Observatoire des
Experiences from Member Organisations of the Inter- droits de l’enfant de la région océan indien. Mauritius,
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Document. Inter-Agency Coordination Panel on indien, p 52.
Juvenile Justice /UNICEF.
X United Nations Secretary-General’s Study on Violence 229
186 OHCHR et al. (2005). Protecting the Rights of Children against Children (2005). Regional Desk Review: Eastern
PAKISTAN, 2006, (Left-right) Raz Mohammed, 10, Farooq, 8, and Musa, 12, sit on a pile of garbage in Quetta, capital of
the southern province of Balochistan. They live on the streets and scavenge for food and items to sell.
VIOLENCE AGAINST CHILDREN
6
IN PLACES OF WORK
Introduction 233
Human rights instruments 234
Background and context 238
The emergence of child labour as a policy concern 238
The contemporary campaign against child labour 239
Conflict, HIV/AIDS, and economic globalisation 240
The importance of a child-centred perspective 241
231
Nature and extent of the problem 241
child phenomenon.
Standards to regulate child labour were the very earliest international instruments put
in place concerning child protection. A Minimum Age (Industry) Convention was first
adopted in 1919 by the newly formed International Labour Organization (ILO), at a
time when the employment of children was regarded as a major social issue in Europe
and North America.9 The involvement of children in abusive, forced or violent types of
workplace was also recognised and addressed by the Forced Labour Conventions No.
29 (1930), and No. 105 (1957); and in the 1956 Supplementary Convention on Slav-
ery, which prohibits any practice whereby a child is given or sold by his/her parents to
someone else for the purposes of labour or exploitation (article 1.d).
During the immediate post-colonisation era, the child well-being issues which mainly
preoccupied international organisations and newly-independent Governments were
public health and education. In 1973, the ILO adopted the Minimum Age Convention
No. 138 (1973), which put under-age labour back onto the international agenda. This
addressed the issue from the perspective of minimum age of employment of children
and young people in different types of work with some flexibility according to coun-
tries’ different stages of development.
6
TABLE 6.1 – Minimum ages according to ILO Convention No. 138
Source: ILO/IPEC (2004). Global Child Labour Trends 2000–2004. Geneva, International Programme on the
Elimination of Child Labour, International Labour Organization.
During the 1980s, the protection of ‘children in especially difficult circumstances’, includ-
ing children suffering from exploitation, came to the fore. This was due to the emphasis
by NGOs on these issues, and the impetus they gave to the articulation of the 1989 UN
Convention on the Rights of the Child (CRC). Although the Convention later took in
the child survival and development – or public health – agenda, the main driver was child
protection;10 thus the vision of child rights established in the CRC fully embraced the
need to protect children from exploitative work of all kinds.
Exploitative work and the Convention on the Rights of the Child
A specific article in the CRC is devoted to work (article 32). This recognises “the right
of the child to be protected from economic exploitation and from performing any work
that is likely to be hazardous or to interfere with the child’s education, or to be harmful
to the child’s health or physical, mental, spiritual, moral or social development.” The
article goes on to oblige States to “provide for a minimum age or minimum ages for
admission to employment” and other key aspects of a regulatory regime. Other articles
>>>
“Preventive action against violence in the workplace affecting children is essential. Start with keeping
or getting under-age children out of these situations and allowing them to be or remain in school. And
there has to be zero tolerance of violence against children wherever they work.”
Frans Roselaers, Editorial Board of the UN Secretary-General’s Study on Violence against Children
that relate to the exploitation of child labour include article 34 (protection from sexual
exploitation); article 35 (protection from trafficking); and article 36 (protection against
all other forms of exploitation).
However, the notion of child protection in the CRC goes well beyond non-exploita-
tion. Within its holistic framework for the upbringing, well-being and development of
the child, the CRC covers a number of rights potentially at risk in cases where children
work. These include article 2 (protection against discrimination); article 3 (primary
consideration given to ‘the best interests of the child’); and article 8, the right to
identity (working children may be denied the use of their own name). There are also
rights to access to health (article 24), education (article 28), and recreation (article 29),
which the working child frequently does not enjoy.
236
Certain CRC articles apply to specifics of the working situation, especially when a
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
child is working away from home and is under the control of some adult other than
the parents. These include article 19 (protection from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment); article 27 (the right to an
adequate standard of living); and article 37 (protection from torture, cruel and degrad-
ing treatment and arbitrary deprivation of liberty). Finally, the rights relating to civic
participation apply to working children as to others: article 12 (the right to be con-
sulted); article 13 (the right to seek and impart information and views); and article 15
(the right to freedom of association).
Post-CRC developments
In 1992, growing concern with the plight of working children led the ILO to launch
the International Programme on the Elimination of Child Labour (IPEC). The elimi-
nation of child labour began to be recognised also as a core labour standard, including
at the World Summit for Social Development in Copenhagen (1995), and the WTO
Ministerial Conference in Singapore (1996). International meetings on child sexual
exploitation and child labour took place in Stockholm (1996), Amsterdam (1997),
Oslo (1997), and Yokohama (2001).
In 1999, the ILO adopted Convention No. 182, the Worst Forms of Child Labour
Convention, targeting the most hazardous and exploitative situations in which
children are found.
6
The purpose of the new Convention was to strengthen the international legal frame-
work for action by focusing more widely than on minimum age of employment. With
its passage, the international profile of activity to tackle child labour reached an
unprecedented level. The concept of ‘worst forms’ helped establish global priorities,
and directed attention to the impacts of work on children as well as on the type of
work they perform. A ‘worst form’ is not occupationally defined internationally, but
by participating countries for their own context. However, some ‘unconditional worst
forms’ are identified as universally outlawed.
Taken together, Conventions Nos 138 and 182 set the boundaries of the types of work
that are unacceptable under international standards. These standards express the con-
sensus view that work which falls within the legal limits and does not interfere with the
237
child’s health and development or prejudice their schooling can be a positive experi-
of child work are a natural part of growing children from a disadvantaged background to
up; traditionally, the child assumed domes- be assigned to work for better-off families at an
tic working responsibilities – carrying water, early age. Children in such societies are at the
minding siblings, herding goats, helping par- very bottom of the pecking order. They are seen
ents at the loom or spindle – at the earliest as the property of the family or employer, and
practicable age. These activities fused with do what they are told. 13
‘work’ in its economic sense as the child grew
older. Many children in the world today still THE EMERGENCE OF CHILD
work in family-based activities as part of the LABOUR AS A POLICY CONCERN
informal economy. Some of this work con-
tains risk of violence. It may involve children The issue of child labour has had a particular
taking animals to pasture far from home and genesis as a public policy concern. Until the
being exposed to marauders; it may be associ- industrial revolution of the 19th century, work
ated with seasonal migration for agricultural was seen as being the lot of poor children from
work, when children accompany their fami- an early age. As in much of the developing
lies and work in settings where conditions are world today, children made a working contri-
extremely tough. It may involve them leaving bution to the family economy. Child labour
home for a precarious and unsafe life in town. became a public issue when large numbers of
children left the relatively protected environ-
In some places and among certain classes, castes ment of the family or family workshop, and
or ethnic groups, parents place greater value on became exposed to hazardous conditions in
children being employed in economic activities factories and mines.
6
Though competing interpretations have been torates, and providing education for working
proposed by historians for the decline of child children. The modern campaign has had to
labour in the industrialisation process of the take into account a rather different process of
19th and 20th centuries, an important factor industrialisation, and the fact that childhood
was the changing ideology regarding child- in many developing societies is constructed
hood.14 In 19th-century Europe, child labour differently than in westernised settings, with
began to be viewed as wrong because it vio- continuing expectations that children should
lated the notion that children had a right to help shoulder family needs and responsibilities
childhood, and that the State should protect at an early age.16
that right. For the first time came the public
assertion that children had the right not to THE CONTEMPORARY CAMPAIGN
work, and not to be exposed to dangers, exploi- AGAINST CHILD LABOUR
tation and abuse in the ‘new’ – organised and
industrialised – workplace.15 The contemporary drive against child labour
has been accompanied by international, 239
In responding to what had become the noto- academic and NGO attempts to enhance
will be overridden. By definition, the environ- Republic of the Congo, Liberia, Rwanda, and
ments in which under-age children are sent Sierra Leone, the increased presence of chil-
to work are unsupportive of child rights; thus dren on the streets and open spaces trying to
protection from physical, psychological or secure the wherewithal to eat is the outcome of
sexual violence (and other forms of harm) is economic devastation (see the chapter on vio-
often ignored. Since the main thrust of child lence against children in the community).20
labour campaigns and programmes has been to
remove children from such workplaces for child Another source of household economic ruin
developmental reasons, addressing the violence is the HIV/AIDS epidemic; in Eastern and
in them specifically has not up to now been a Southern Africa, the loss of parents to AIDS has
key preoccupation, except in the case of sexual pushed many children into the informal econ-
exploitation and other forms of work where the omy in order to survive. In Ethiopia, the United
occupation is itself abusive. However, this may Republic of Tanzania and Zambia, ILO/IPEC
not always be the main source of workplace found a strong co-relation between the epi-
violence. demic and the entry of orphaned children into
occupations associated with violence such as
Conflict, HIV/AIDS, and economic domestic work, quarrying and prostitution.21 In
globalisation Zambia, 47% of children (average age 15 years)
selling sex for money had lost both father and
Many challenges have emerged in recent years mother, and 24% had lost one parent.22
to compound the problem of child labour
and workplace risk. In sub-Saharan Africa, in Though globalisation’s specific effects on child
post-conflict countries such as the Democratic labour are little researched, there are strong
6
“They take their childhood away from them when they make them work from an early age, struggling
in the streets, they never have time for their own lives. When they should be at school, they must go to
work, they can’t play and are traumatized by the insults and the aggressions they suffer everywhere.”
Adolescent boys, Latin America, 2005 IV
indications from anecdotal reports that these recipients of interventions.25 Greater familiar-
are widespread and mainly negative. The ity with children’s working environments has
increasing informalisation of labour in most provided a window onto the brutality and cal-
regions of the world has seen the growing pres- lousness many young workers face.
ence of all unskilled working people, especially
young female workers, in precarious, vulnera- As a consequence of their life experience, work-
ble and low-earning activities.23 Organisations ing children often have a powerful sense of their
involved with children working on the streets own will and capacities; hence the existence
report that numbers are rising, although reli- of working children’s organisations in Africa,
able statistics are few.24 Asia and Latin America, which undertake
programming and advocacy activity to fulfil
Economic crises, such as those facing the their own agendas, including leaving exploit-
Commonwealth of Independent States (CIS) ative and violent work. Other programmes to
in their transition to market economies, are end child labour have helped develop groups
forcing many children into street work and in which working children participate, and 241
sexual exploitation as a means of survival, and which support their efforts to leave the work-
70 Females
62 61 62
Males
60
55
51 49 50 51
50
45
Percentage
38 39 38
40
30
20
10
0
5-11 12-14 15-17 5-11 12-14 15-17
Child labour Children in hazardous work
Source: ILO (2006). The end of child labour: within reach. Global Report. Geneva, International Labour Organization.
“If I broke something or did something badly they would beat me with a shoe or a belt. I couldn’t leave
the house, they would lock the door when they left. When my mother came the last time to visit I told her
I wouldn’t stay at that house any more. I said, ‘Either I go with you or I will run away or kill myself ’.”
Boy, 14, domestic labourer, North Africa, 2005 V
The taking-in of children from other house- considerable risk. Children in domestic labour
holds to perform domestic chores has long are at the mercy of the employer and other
been seen in many societies as a form of sur- household members. Child domestics describe
rogacy, adoption or assisting a child from a the relationship as often starting well, but later
less fortunate family. In West Africa, there is becoming intolerant and abusive.41 Where
a tradition of children migrating from rural to social stigma towards lower-status groups is
urban areas to work for others as part of their entrenched, a female employer may behave
upbringing. In most of sub-Saharan Africa, with impunity, subjecting her ‘girl’ or ‘boy’ to
exchanges of children between couples within impossible demands, extreme forms of physical
the extended family used to be standard forms punishment and serious violence. At the same
of mutual support. time, girls in domestic labour may be preyed
on sexually by the men of the household.42,43
Today, such practices have become increas-
ingly commercialised. Millions of children Violence of all kinds is common
live in the households of others at ever further
distances from home, and undertake domes- Violent and abusive behaviour towards child
tic work as ‘helpers’ or employees. Although domestics is much more common than
a small proportion are boys, domestic work realised; this form of child labour first came to
is normally consigned to females and is the the attention of child labour activists a decade
largest employment category of girls under 16 ago, and in several countries has been desig-
years in the world.35 Recruiters and traffickers nated a ‘worst form’ of child labour under ILO
in many regions supply rural girls from disad- Convention No. 182.44 It includes extreme
vantaged groups, depressed areas, and neigh- overwork (16-hour days are not uncommon);
6
“I sleep in one room by myself, at night, the male owner of the house knocks at my room, now I am in
dire straits because I am afraid to report this, I am also afraid that will lose my job. This is because
I have lost both parents, and I would not like to leave this job.”
Girl, 12, domestic labour, 2005 VI
beating, whipping, pulling hair, scalding with or social peers, not being able to play even with
water or an iron, and denial of food. The psy- the employer’s children.50 Child domestics are
chological violence includes shouting, name- often referred to by a derogatory label or denied
calling, insults, threats, and obscene language. the use of their own name. In Haiti, the term
The girls are often subjected to sexual harass- ‘restavèks’ (‘stay withs’) has come to mean some-
ment, and sometimes rape; pregnancy may one unwanted, and is often used as an insult;
also lead to their ejection onto the street by a restavèk girl may also be called ‘la pou sa’, or
the employer.45 Physical health consequences ‘there for that’, meaning available for sex.51 These
can also arise from lack of food, and failure to experiences leave children with deep feelings of
look after injuries or treat sickness. inferiority and chronically low self-esteem.
Consultations with children in domestic For girls who are dismissed or fall pregnant and
labour have revealed these high levels of vio- are excluded from the household the street and
lence. In the Philippines and Peru, almost all prostitution are likely, as few other options are
child domestic workers reported that they had available.52 Lack of resources, lack of knowl- 245
suffered maltreatment consisting of physical edge about how to travel or where to go, and
Although statistics relating to the number of from husbands of young married girls, who
children used in prostitution are broad esti- will not be accepted back by their parents, or
mates and all statistics concerning prostitution expulsion from the school or workplace.62,63,64,65
should be treated with caution, around one The ways children enter prostitution are there-
million children are thought to enter prostitu- fore intrinsically abusive, and include aban-
tion every year.57 A 13-country study by Save donment and extreme social stigma. Some
the Children suggests that child sexual exploi- children are born into the trade in brothel com-
tation is increasing, with evidence of grow- munities,66 or given to priests in ritual forms
ing criminal activities related to trafficking of of sexual slavery, as in the case of devadasi in
children for sexual purposes, exploitation by India67 and trokosi in Ghana.68 Disability can
tourists and travellers, and pornography and also be a risk factor. Some brothel proprietors
Internet-related crimes.58 In South and East in Thailand reportedly seek out girls who are
Asia, around one-third of those used in pros- deaf, calculating that they will be less able to
titution are thought to be under 18; this is, a protest or escape since they will not be able to
246 sector where youth are often in demand, and communicate easily with customers or employ-
ers.69
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
tions, even having an abortion in the morning Forced and bonded labour
and receiving a customer in the afternoon. In
Mongolia, 33% of girls exploited in prostitu- Children in forced and bonded labour represent
tion indicated that they had been raped.73 In two-thirds of children in the unconditional
Jamaica, boys in prostitution reported that worst forms of child labour, which by a conser-
they were “at risk of violence from individuals vative estimate amount to 5.7 million children
who abhor homosexuals and think they should world-wide according to ILO.78,79 An unknown
be eradicated.” 74 but significant proportion are victims of traf-
ficking; most cases are in Asia, but the practice
In recent years, unknown individuals in Hon- exists in all regions. Forced and bonded labour
duras made a practice of abducting sexually are classified as slavery according to the 1956
exploited children, torturing and sometimes Supplementary Convention on Slavery, and
murdering the victims. Surviving victims although they are universally regarded as crim-
described how the perpetrators pretended to inal, these cases are very rarely prosecuted.
be prospective ‘clients’ for sex, then took the 247
The definition of forced labour comprises two
victims to lonely places where they were sexu-
activism. Sector-specific surveys have found sion. People in remote areas are particularly
bonded child labour in small-scale mining, susceptible to coercive recruitment and debt
brick making, fish processing, gem cutting, bondage due to the weak presence of the State.
carpet weaving, tanneries and fireworks pro- In remote parts of Brazil, children are cheaper
duction. Carpet-weaving manufacturers employ to hire and considered more docile. They work
children in conditions of severe bondage, and in tree-logging, wood-cutting, sugar cane plan-
coercion is often used for discipline and to curb tations, mining, distilleries, and coal produc-
protests.82 According to Human Rights Watch tion, all of which are dangerous.87 Since they
surveys conducted in the silk industry in Uttar have been invariably hired deceitfully, they
Pradesh in 1996 and 2003, the level of violence are indebted and have no chance of returning
suffered by children is high. They report that home. The intolerable situation of children
loom owners abuse the children on a routine in small-scale gold mining in Madre de Dios,
basis; the children are often locked up, and Peru, is well-known to human rights organisa-
their food is far from adequate.83 tions and the authorities. Around 20% of the
miners are 11–18 years old.88
A similar picture emerges in Pakistan.84 Feudal
social structures give landowners power to Vulnerability is enhanced by lack of official
exact labour from indebted families, and may identity. Since they do not register births, indig-
‘gift’ a bonded servant to another landlord. enous people are invisible to national authori-
In Sindh, documentary evidence of murder, ties and are therefore unable to denounce
sexual assault, kidnapping and physical assault forced labour or seek redress. In Peru’s remote
has been collected by human rights groups.85 labour camps in the Amazon basin, 20,000
In Nepal, bonded labour involves minority workers may be in forced labour, many accom-
“At 4:00 a.m. I got up and did silk winding. I only went home once a week.
6
I slept in the factory with two or three other children. We prepared the food there and slept in the space
between the machines. If I made a mistake – if I cut the thread – he would beat me.
Sometimes [the owner] used vulgar language. Then he would give me more work.”
Child, 11, bonded at around age 7 for Rs. 1,700 (US $35), South Asia, 2003 IX
panied by children who are expected to work banned by law.93,94 These people are usually
for free.89 According to an ILO study of 19 descendants of slaves, and their degree of
countries in the Latin American region, nearly actual ‘slavery’ is locally disputed and open
10% of the total child and adolescent popula- to interpretation. However, a range of services
tion aged 5 to 17 is working in worst forms of can be required of slave descendants, includ-
labour where violence is routine.90 ing children, both in the household and in the
fields; and they suffer severe limitations on
Traditional forms of slavery
their behaviour, rights, and entitlements.95
Africa has the highest incidence of informal
Children in such families are the property of
child work, and there is evidence to suggest
their masters and can be passed on from one
that a higher proportion may be ‘forced’
owner to another as ‘gifts’. Girls start work
than in other regions.91 However, coercion
very young and are at the beck and call of their
is mostly related to the importance attached
masters, including sexually, and as bearers of
to kinship and client-ship in economic rela-
additional slave children by designated part- 249
tions, and to the fact that most people, espe-
ners. Slavery was only legislatively banned in
In many countries in Asia and Latin America, large numbers of under-age children
work on garbage dumps as scavengers. In the Philippines, in Metro Manila’s Quezon
City, thousands of children and their families make a living from dumpsites and live in
satellite communities. In 2000, one of the garbage mountains collapsed under torren-
tial rains, killing between 500 and 1,000 adults and children who were buried in the
trash. Even on a daily basis, injury from truck manoeuvres or sharp objects is common,
as is infection from rotting material.120
6
to make workplace violence against children a
more visible issue, and give it a higher priority
with policy-makers.123 The Regional Consulta-
tion in South Asia similarly observed that the
violence implicit in many working children’s
UNICEF/HQ95-0674. Nicole Toutounji
In recent efforts to reduce child labour, acknowledgement has been made of the dif-
ficulties faced by seriously poor families, including those affected by HIV/AIDS. Even
where primary school fees have been abolished, some African families still find that they
need children to supplement the family income by working instead of going to school.
In an effort to address this situation, Kenya – with two million working children aged
5–17 years – has tried compensating parents for the loss of their children’s economic
contribution; the money is conditional on children attending school. US$ 7–14 per
month per child is given as an incentive to parents of those working in plantations, sub-
sistence farms and fisheries, as well as for orphans and other vulnerable children.128
hazardous occupations and tasks, and prohibit- the East Asia and Pacific Regional Consulta-
ing them for all under 18s, as called for under tion noted that in general the enforcement of
ILO Convention No. 182. A recent review indi- child labour laws appears to lag behind other
cates that this has been an area of high activity; legal measures enacted to protect children.
so has legislative action against trafficking and
the involvement of children in prostitution and Many impediments to the enforcement of laws
pornography. However, attention from Govern- exist. One is the lack of an effective and uni-
ments to forced and bonded labour has been versal birth registration system, which con-
more modest, and there has been little action stricts enforcement of laws on minimum age
on improving legislation against the use of chil- of employment.133 Another is that the labour
dren engaged in illicit activities.130 inspectorates which helped remove children
from the workplace in industrialising coun-
Labour law enforcement tries in the West have generally not proved
In many countries, lack of law enforcement, to be as effective in the developing world.134
256 Although successful in some instances, most
including bringing perpetrators to court, is a
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
more acute problem than that of the nature of do not extend their reach beyond organised
legislation on the statute book. For example, new urban workplaces, where the minority of child
laws were passed against bonded labour in India workers are to be found. Many inspectors
(1976) and Pakistan (1992), but the numbers of are overwhelmed by their caseloads, short of
prosecutions and releases of bonded labourers by resources and means of travel, and poorly paid.
the courts show that neither is vigorously pros- Both employers and child workers may resort
ecuted. In India, the National Human Rights to pay-offs, and there can also be pressure from
Commission was ordered by the Supreme Court official sources not to undertake the kind of
in 1997 to oversee the enforcement of the 1976 rigorous inspections which might damage the
Act, and has been able to pressure officials into investment climate.135
freeing and rehabilitating bonded children in
Avenues for legal redress regarding violence
some areas, primarily in Uttar Pradesh’s carpet
inflicted on working children are almost inacces-
belt.131 But the Commission’s resources and
sible to them, given their inferior status. Cases of
power are limited, and States have been slow to
fulfil their obligations. In Pakistan, where fines serious injury, such as burning with a hot iron,
are far higher than in India, prosecutions have and of gross abuse, may attract media attention;
been minimal in recent years.132 in which case employers of children in domes-
tic labour, for example, are prosecuted, usually
The South Asian Regional Consultation for the with NGO assistance. Attempts are also made
Study has pointed to the need for a supervisory by NGOs such as the South Asian Coalition
system to ensure effective implementation of on Child Servitude to gain for released Indian
child labour laws by all entities charged with bonded child workers their legal entitlement to
enforcement throughout the region. Similarly, Rs. 20,000 (US$ 420) for rehabilitation; but
6
such attempts are few and far between.136 Cases and international organisations in bringing an
of sexual abuse against working children are also end to the trafficking and employment of chil-
rarely prosecuted.137 Moreover, those who cham- dren in an exploitative occupation.
pion rescued child workers in the courts often
put themselves at risk from retaliation by vested Backing for law enforcement within
interests. civil society
There are specific situations where enforcement As noted throughout the Study, law enforce-
has been effective, with the necessary program- ment is problematic in environments where
matic and back-up interventions in place, but formal legal, administrative and judicial sys-
these are rare. It can be done, however, in cir- tems have little influence over most people’s
cumstances where the work is exclusive to chil- lives. This is the case in areas where child
dren on the pretext of their small size, manual work is common. Application of the law
dexterity or need to learn a skill at a very young requires popular acceptance and the coopera-
age (as in carpet-weaving or decorative craft). tion of civil society in applying it. Violence 257
In a closed workplace or occupation, removal of is particularly difficult to outlaw; there is no
The trafficking of small boys from certain countries in South Asia (Bangladesh and
Pakistan), and Africa (Mauritania, Somalia and Sudan), for use as jockeys in camel
races in the UAE and other Gulf States (Kuwait, Qatar and Saudi Arabia) came under
protest for many years by Anti-Slavery International (ASI). A Bangladeshi NGO cal-
culated that nearly 1,700 boys had been trafficked to the Middle East during the 1990s
for this purpose, the vast majority under the age of 10. The boys were tied onto the
camel’s saddles during the races, and often sustained injuries and falls. They were also
frequently starved before races to reduce their weight, and suffered other forms of
physical and psychological violence, including occasional sexual abuse.
>>>
THE LONG STRUGGLE TO END THE USE OF BOYS AS CAMEL JOCKEYS
ASI was unable to make significant progress until it joined forces with the Interna-
tional Confederation of Free Trade Unions (ICFTU) and the ILO. In 2001, the ILO
persuaded the UAE to ratify Convention No. 182. This led to a ban in 2002 on the use
of camel jockeys aged under 15 and lower in weight than 45 kg. Even then, progress
was slow and some trafficking continued. However, in March 2005 the age limit was
legally revised upwards to 16 years (later to 18), and in May 2005 UNICEF reached
an agreement with the UAE Governments to facilitate the repatriation of the boys to
their countries of origin over a two-year period. Within eight months well over 1,000
boys had been identified. Many began to return home to Pakistan and Bangladesh later
in 2005.
The boys were initially received at special centres, from which they were to be reunited
258
with their families if possible. If these were not able to be found, education and rein-
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
tegration within the society were to be undertaken by care organisations. Other boys,
including workers at the stables, were subsequently also returned to Sudan and Mau-
ritania. In all four countries, support was provided to families and communities and
permanent mechanisms set up to help prevent further trafficking or re-trafficking. The
reintegration of the children was subject to monitoring with emphasis on strengthen-
ing community care and creating a supportive environment to prevent discrimination
against them.138,139,140
example by official persecution of the children children, both by educating families about the
themselves on the basis of their stigmatised dangers of trafficking, and by working with
social status. the police when a child from the village goes
missing.142 However, a number of lessons were
Some efforts to implement child labour laws learned from this programme.143 It was nec-
with civil society cooperation have been made. essary not to use fear-inducing messages, but
In areas where trafficking is common, com- to try to convince people about the harmful
munity groups or community-based watch/ nature of something they currently accepted.
vigilance systems have been set up; they may Surveillance committees did not function
also report breaches of child labour legislation well if they were seen as agents of oppression
and non-attendance of children in school.141 against local families and children.
For example, in Benin, village surveillance
committees backed by the provincial adminis-
tration have helped to reduce the trafficking of
“She is so young, hardly 8 years old, carrying charcoal, and in school uniform,
when asked why she has not gone to school, she says she is working.”
Boy, 15, Eastern and Southern Africa, 2005 XII
6
UNIVERSAL EDUCATION AND LIFE In many settings, however, working children do
SKILLS not attend school. For this reason, many pro-
grammes to end child labour focus on bring-
Universal access to schooling is a key compo- ing children into school, or returning them to
nent of ending child labour. There are many school, as an alternative to work. For example,
arguments in favour of making basic education the Child Workers’ Opportunities Project
compulsory for both boys and girls, including (CWOP), a large-scale community-based pro-
the requirement on the State to increase edu- gramme in three states of India used a multi-
cational investment and impetus to reach the pronged strategy to enable children to leave the
international goal of Education For All (see the workplace, in which the promotion of school-
chapter on violence against children in schools going was the prominent strand (see box). In
and educational settings). The attainment Benin, the Groupe de recherche et d’actions pour
of this goal is closely related to many others, le développement humain (GRADH) works
including poverty reduction, gender equal- mainly with boys, some as young as seven, who
have been placed by their parents or guardians 259
ity, and improved maternal and child health.
This four-year programme in India supported by Save the Children Canada targeted
10,000 working children, including 4,000 in two project sites in Maharashtra. These
children were identified during baseline surveys in the 94 intervention communities
covered by the two local operational NGO partners; the intention was to bring an end
to child labour in the communities in question.
The strategy centred on shifting children out of work and into school or training, by
simultaneously addressing the reasons why they worked, and by offering them other
opportunities. Working children under 14 were to be enrolled in the formal primary
system, and those aged 14–18 in vocational training. Community-based non-formal
education classes, to which all children identified in the survey were invited, were the
starting-point. At the same time, initiatives were made to foster income-generation for
women in households with working children, and build awareness in the community
to render the concept of child work socially unacceptable. Village education commit-
tees were established, and communities encouraged to improve school buildings, and
to demand high quality teaching and child-friendly behaviour from teachers.
Child participation was a fundamental principle in all project activities. Child groups
were set up, in which working and ex-working children participated. Members took on
6
CHILD WORKERS’ OPPORTUNITIES PROJECT (CWOP), MAHARASHTRA
such responsibilities as mentoring children new to the classroom who needed motiva-
tion to stay; and in the case of a teacher being lax, drunk, or using violence in class,
report the behaviour to the village authorities. Children themselves helped transform
attitudes about work and school; in one community they postered every house in the
village with the message: “No working children, every child in school.”
Over the four-year programme, 75% of the 10,000 children gained access to school or
vocational training, and 3,000 children left work entirely. Project managers in Maha-
rashtra concluded that improving educational quality and making schools more child-
friendly is the most important activity, and that if more investment in basic educa-
tion is made at state level, the results would be more impressive. The project’s success
has subsequently influenced other projects to end child labour run by state Govern-
ments.150,151 261
Children and Adolescents (NATRAS) began mentation of appropriate policies, laws, pro-
in 2003 to work on preventing sexual abuse of grammes and services; on the other, it is as
children and adolescents, especially of work- important to challenge the social acceptance
ing children. Eighteen of NATRAS’ member of damaging child work by influencing popu-
organisations have participated in a variety of lar opinion. A transformation in the attitudes
activities – from carrying out surveys to direct and behaviours which condone the presence of
lobbying with municipal officials – aimed at children in the workplace is a pre-condition of
reducing sexual abuse in 13 targeted munici- children’s departure from it on a sustainable
palities and at increasing awareness of the issue basis. Governments have been loathe to inter-
within the society and the State. In all of these vene in child labour issues unless confident of
organisations’ activities, the role of adults is public and political support.
limited to being facilitators and companions
to the young members.158 Children and young people are often their own
best advocates and should be given a promi-
262 The opportunities created by children’s organ- nent role as spokespersons on their own behalf,
isations allow participants to gain confidence, to policy makers, employers, communities,
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
self-esteem, leadership and social skills, a legislators, media and the society at large. The
broader view of the world and a sense of their participation of children in the Technical Sub-
own potential within it. These attributes are Council on Child Work in Honduras led to
essential in overcoming the self-denigration changes in the National Plan of Action, notably
and deep sense of inferiority felt by many chil- to include deep-sea fishing as a ‘worst form’ of
dren in violent and abusive situations. These labour, because of the possible harm associated
and other community groups provide a vehicle with it.160 Many opportunities exist to engage
for changes in attitudes by children, families children, even those in invisible occupations
and communities that enable the children to such as domestic labour or child prostitution,
leave work and go to school instead. In some in advocacy campaigns. Children can be more
settings, ‘poverty’ as a blanket reason for send- effective than organisational intermediaries in
ing children to work melts away when the alter- addressing police, administration or justice.
native of going to school is socially endorsed
and backed by community support.159 Theatre, drama and role plays performed by
children have been used with great success as
ADVOCACY vehicles for advocacy.161 Messages can be put
across in a non-blaming way, and actors can
The role of advocacy in relation to workplace feel free to show incidents of abuse which they
violence against children is two-fold. On would be unlikely to mention in an interview.
the one hand, it is necessary to draw policy- Similarly, parents and community members
makers’ attention to the abuse children endure who may have not understood the abuse their
and set in motion the development and imple- children are likely to experience if they send
6
them away to work are more able to absorb and Many NGOs, responding to an emergency
believe that there are real reasons not to do so.162 need such as providing shelter for seriously
Parents’ Days at school, local Children’s Day abused and traumatised runaway children,
celebrations, and similar events at the national start with a small-scale project such as a
level can be used to promote awareness of the centre, and base their service development,
worst forms of child labour and showcase action data collection and advocacy on that. Where
against it. The World Day against Child Labour they are able to develop a sizeable range of ser-
initiated in June 2002 has adopted a particu- vices, they may also provide legal assistance for
lar aspect of the worst forms of child labour to abused child workers to take their employers
campaign against each year; for example, traf- to court. Handbooks exist with ‘good practice
ficking (2002), child domestic labour (2004), principles’ for programme interventions in
and mining and quarrying (2005). some ‘worst form’ child labour contexts such
as child domestic labour.164 These interven-
TARGETED INTERVENTIONS: tions largely constitute secondary prevention,
responding to violence as and where it occurs. 263
CONTACT, RESCUE, AND
A playlet entitled Sanayo (“We’re tired” in Wolof ) was written by and for girl domes-
tic workers in Dakar, Senegal, with support from the NGO ENDA Tiers Monde. In
the playlet, a patronne (employer) takes on a house-girl, and then subjects that girl to
abuse in front of her friends for failures of service, food preparation, and other tasks.
The friends join in the mockery of the girl, and the patronne’s young daughter accuses
her unjustly of stealing. The girl is eventually fired, without receiving her salary. This
playlet was performed at a preparatory meeting for the OAU Conference in 1993 on
Assisting the African Child. It has since been staged in many locations in Dakar.163
TBPs comprise a package of interventions cov- Hotlines and help-lines have become a well-
ering prevention, withdrawal, rehabilitation known technique for enabling children to
and future protection, with which States that report violence against themselves. Some
have ratified Convention No. 182 can tackle organisations working to eliminate child
‘worst forms’ of child labour within a set time- labour have established hotlines for child work-
frame. They start with data collection and ers to use. The Kasambahay (domestic worker)
other actions to create an ‘enabling environ- programme run by Visayan Forum in the Phil-
ment for the elimination of the wost forms of ippines operates hotlines to receive reports of
child labour’.166 abuse and facilitate rescue.168 In Cambodia, a
local NGO organises the distribution of cards
El Salvador, Nepal, and the United Republic with pop stars’ pictures on the front and tele-
of Tanzania were the first three countries to phone numbers and addresses of centres to con-
implement TBPs, starting in 2002. Seventeen tact on the reverse. These are left in places such
other countries have since followed suit, sev- as phone booths, bars, markets, and discos.169
264 eral more are preparing similar programmes. However, hotlines are resource-intensive: they
As an example, the United Republic of Tan- need to be manned round the clock, by well-
VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
zania set out to reduce the number of children trained personnel, and have effective processes
involved in the worst forms of child labour by for involving police or emergency services.
75%, and the overall child labour participa-
tion from the current 25% to less than 10% by Rescue operations
2010. Mid-term evaluation found these objec-
Efforts to remove children from workplace vio-
tives to be on course.167
lence may require emergency action. Key steps
Contact in a process of rapid response to emergency
cases include: setting up systems to receive
In spite of the hidden nature of much child information about abuse, including from chil-
labour, a variety of mechanisms can be used to dren themselves via hotlines and drop-in cen-
make contact with child workers. These include tres; planning the rescue; the rescue operation;
child-to-child contact in places where young post-rescue rehabilitation; and post-rescue legal
workers go at off-duty times. Such places include redress.170 In removing children from danger-
parks, churches, temples or mosques, evening ous workplaces, interventions must ensure that
classes, shops or markets. Several organisations, the situation of children is not worsened – that
including those taking part in ILO/IPEC and their physical well-being and self-respect are
UNICEF programmes, run awareness-raising not further damaged by the trauma of the
sessions for local leaders, police, householders rescue.171 Many rescue operations are not prop-
and children, in which they learn about report- erly prepared nor are the necessary follow-up
ing, handling cases, the need to avoid violence support and services in place, such as health
in removing children from abusive situations, care and counselling for women and children
and to retain the cooperation of employers. rescued from the sex industry.172
6
RESCUE OPERATION IN ATHLONE, CAPE TOWN
In early 2004, an NGO campaigning against the abuse of domestic servants (Anex-
CDW) began to receive referrals from the local police station of girls who had run
away from an agency called ‘Excellent Domestics’. The agency brought girls in from
the countryside, housed them and found them jobs. When Anex visited the premises,
they found appalling living conditions, under-age girls, and cases of workers not given
any pay. They reported their findings to the Department of Labour. A few weeks later,
an article in the newspaper about a girl trapped at the agency finally led to action. The
agency was found to be operating illegally and closed. The girls at the premises were all
traumatised and wanted to return to their homes, even when offered skills-training in
town. The police and Anex found them shelter and food, and they received free tickets
home. The proprietors of ‘Excellent Domestics’ were taken to court.173
265
NGOs have played a major role in uncovering Effort has recently been invested in research
some of the worst abuses of children in the work- methodologies that aid in designing interven-
place. For example, Anti-Slavery International tions or monitoring the impact of existing
led initiatives on children in domestic labour, interventions in order to improve them. For
initially focusing on simple research method- example, action research on boys and girls
ologies for local NGOs to use as a basis for involved in drug trafficking has been conducted
advocacy.177 Subsequently, an active network of in Indonesia, the Philippines, Thailand,180 and
practitioner NGOs working in the field of child Brazil, with an emphasis on collecting data
domestic labour was developed, and through about these children that is of direct use in
this, consultations were conducted with child developing interventions. One study by IPEC
domestics which shed much insight into the on drug use and trafficking in Estonia illus-
violence and abuse they suffered. Since this is a trated the difficulties of obtaining information
notoriously difficult group of children to reach, on the experiences of children in extreme situ-
much can be learned from these experiences ations, concluding: “Violence is one of the few
about how to contact invisible child workers topics which young drug users do not want to
and collect data with and from them.178 discuss with strangers. It seems that the topic
6
of violence is taboo, and one interview is just sations to take ongoing action against child
not enough to build up mutual trust.”181 labour. Partners in the movement include
international and regional organisations, bi-
In recent years, the concept of child labour mon- lateral agencies, the Inter-Parliamentary Union
itoring has shifted from monitoring of industries (IPU), workers’ and employers’ organisations,
or organised workplace settings, to monitoring NGOs, the media, academics, and organisa-
of the children removed from work and provided tions representing working children.
with protection services. IPEC has developed a
‘tracer’ methodology to assess long-term changes An important dynamic has been the growing
(two years and more after the completion of an concern (and consumer action) over corporate
intervention) that have occurred in the lives of social responsibility. Action has come largely
working children as a consequence of the inter- through self-regulation via sectoral alliances
vention. Impacts examined include educational and voluntary codes of conduct to ensure that
status, economic well-being, employment, members of supply chains in globalised man-
health, and attitudes; working children on the ufacturing industries – garments, footballs, 267
streets (Turkey), mining (Ecuador), domestic sports shoes, tobacco products – are not using
the advent of the CRC, and the new momentum The key departure point has to be a policy of
to end ‘worst forms’ of child labour since the zero tolerance of violence against children who
ratification of ILO Convention No. 182, there are working, whether within the law or outside
is still a long way to go. There has been a failure it, in organised workplaces or in the informal
to acknowledge sufficiently working children’s economy. The issue has to be brought out into
varied experience of violence – physical, psycho- the open, and perpetrators of acts of violence
logical and sexual – and take it fully into account towards children in the workplace brought
when developing plans and programmes. There to account. Children who are under working
is still a need give greater weight internationally age need to be helped to leave work, receive
and nationally to those forms and situations of education and training, and improve their life
work that are intrinsically hazardous and vio- chances. Where they are working legally, pre-
lent, especially those in remote, illicit or hidden vention of violence should be explicitly built
into the regulation and inspection process,
locations. There is also a need to work with
with access of young workers to reporting sys-
trade unions and employer organisations to
tems, complaints procedures and the courts.
improve protection for the youngest members
of the regular workforce where they are facing Legislation
more risks than their older peers.
1. Violence against working children
Within organisations working to end child should be condemned. Governments
labour, an enhanced focus on the violence suf- should ensure that the reality that child
fered by child workers may help build renewed workers in many settings, both under- and
momentum for change. above the minimum legal age of employ-
6
ment, routinely suffer violence in the workforce. Employers, trades unions and
workplace is brought to public attention labour authorities should promote zero tol-
and systematically condemned in law and erance towards those who victimise young
in practice. workers.
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VIOLENCE AGAINST CHILDREN IN PLACES OF WORK
Introduction 285
Human rights instruments 286
Background and context 286
Nature and extent of the problem 287
Physical violence 287
Homicide 287
Non-fatal physical violence 290 283
Violence within adolescent intimate and dating relationships 291
Provisions in the Convention on the Rights of the Child (CRC), the International Cov-
enant on Civil and Political Rights, the Convention on the Elimination of All Forms
of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment and Punishment and other treaties, in particular
regional human rights treaties, apply to violence against children in the community.
These address harmful traditional practices, slavery, servitude, torture and cruel, inhu-
man or degrading treatment and punishment. The Palermo Protocol to Prevent, Sup-
press and Punish Trafficking in Persons, Especially Women and Children establishes
legal obligations to address trafficking, and the CRC’s Optional Protocol on the Sale
of Children, Child Prostitution and Child Pornography sets out standards relating to
prostitution and pornography.1
The obligations contained in these treaties are imposed on States, and only States or
their agents can commit human rights violations. State obligation for human rights
violations is incurred if the State or its agents violate the terms of a treaty which the
State has accepted. State obligation is also incurred if the State fails to ensure children’s
rights to protection against violence by permitting such violence, or failing to take
appropriate measures, or to exercise due diligence to prevent, punish, investigate or
redress the harm caused by the acts of individuals, groups or entities. Therefore, where
violence in the community is concerned, States are required to put in place appropriate
laws, policies and programmes to prevent such violence, investigate it if it takes place,
ensure that perpetrators are sanctioned and redress the harm which may result.
7
crowding and low standards of education and especially high risks of violence, including
social amenities. Young and rapidly growing children living on the street, young members
populations – particularly boys – in these of ethnic minorities, children in camps for
areas may express frustration, anger and pent- refugees or displaced persons, and those victi-
up tension in fights and anti-social behav- mised by trafficking or abduction.
iour. Where firearms and other weapons are
widely available, fights are more likely to lead It should be noted that, in the quantitative data
to severe injuries and death. Violence may be discussed below, data are rarely aggregated in
more common in situations where boys are ways that clearly distinguish children (defined
encouraged to exhibit aggressive masculinity, as being under 18 years of age) from adults.
weapons skills, private codes of loyalty and More often, data are collected and aggregated
revenge, and general risk-taking.2,3,4 in four-year age groups: 0–4; 5–9; 10–14, and
15–19. Sometimes inferences have to be made
In many places children – particularly girls – from data covering young people up to the age
face increased exposure to violence in the com- of 25. 287
munity as they grow older and the domestic
15–17 are at least three times greater than those graphical pattern of inequity, with homicide
of boys aged 10–14, while homicide rates in girls rates in the most deprived communities being
aged 15–17 are nearly twice those of girls aged many times greater than in wealthier com-
10–14. This sudden increase in violence in the munities. For instance, in Cape Town, South
over-15 age group occurs even in regions with Africa, just a few kilometres separate shanty
low overall homicide rates, and implies that towns where male homicide rates exceed 200
measures to curtail violent behaviour are criti- per 100,000 from wealthier, well-established
cal before and during the early and mid-teens, suburban areas where male homicide rates are
to prevent further increases in later years. four times less, at around 50 per 100,000.15
Over 95% of homicides in 15–17-year olds Relatively few studies have examined the
occur in low- and middle-income countries, victim–perpetrator relationship and the typi-
where the homicide rate for boys aged 15–17 cal scenarios that underlie homicide in 15–17
years is 9.8 per 100,000 population compared year olds. Those which have been conducted
with 3.2 per 100,000 for boys in high-income suggest that perpetrators are often friends or
countries. Girls in high-income countries have acquaintances of the victim, and that much of
a homicide rate of 1.5 per 100,000 popula- this homicidal violence occurs in neighbour-
tion, versus 3.5 per 100,000 for girls in low- hoods and local hang-outs, and is linked to
and middle-income countries. Apart from the inter-personal arguments which develop into
USA, most of the countries with the highest fights – over girls, possessions, rivalries, broken
adolescent homicide rates are either developing loyalties or group codes – and to intoxication
countries or those experiencing rapid social with liquor or drugs. The availability of fire-
7
arms may mean that this violence results in cide rates are similar), homicide rates among
serious injury or death.16,17,18,19 children are substantially higher among males
than females. Homicide rates among boys aged
Sex differences in adolescent homicide rates 15–17 are nearly three times greater than those
raise questions about how male socialisation and among girls of the same age. In the Americas,
norms regarding masculinity contribute to vio- Africa, and Eastern Europe, where some of the
lence against children in community settings. highest adolescent homicide rates are found,
In almost all countries (and with the exception the rates among 15–17-year-old boys are two to
of young children whose male/female homi- six times higher than those among girls of the
WITNESSING VIOLENCE
290
In addition to those who suffer violence directly, large numbers of children witness
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
violence in the communities in which they live (for a discussion on children who wit-
ness domestic violence see the chapter on violence against children in the home and
family). A wide range of research has established that children who witness community
violence are at risk of a variety of psychological, behavioural, and academic problems,
as well as difficulty in concentrating, impaired memory, anxious attachments to care-
givers, or aggressive behaviour.22,23,24
Much of the pioneering research on children’s exposure to violence in the community
and consequences of such exposure has been carried out in the USA, focusing on
urban communities where high levels of violent crime and multiple risk factors are
present. For example, in a study of 95 ‘high-risk’ boys aged 6–10 in New York City,
35% reported witnessing a stabbing, 33% had seen someone shot, 23% had seen a dead
body in their neighbourhood, and 25% had seen someone killed. 25
Even when they have not directly witnessed the violence, children can be harmed when
the victim is someone close to them. In Colombia, a 2001 study of 5,775 children aged
12–18 found that 11% of these adolescents reported having had a family member mur-
dered or kidnapped, or receiving a death threat in the past year. This figure doubled
for adolescents residing in Medellin, a city with particularly high levels of gun crime.26
In Jamaica, 60% of 9–17-year-old children reported that a family member had been a
victim of violence, and 37% had a family member who had been killed.27
7
Few countries have information systems to violence-related injuries leading to hospital
monitor non-fatal violent injuries, and existing treatment are sustained largely in the course
systems typically record only data on violent of male-on-male violence, with the majority of
injuries with victims presenting at hospital the perpetrators being friends or acquaintances
emergency departments. Data from those sites of the victim, and a large proportion of victims
cannot be compared directly, given the marked and perpetrators having consumed alcohol
differences among and within countries in the shortly before or during the violent incident.
availability and accessibility of emergency Unlike homicidal violence, however, the larg-
medical services. Furthermore, most studies est proportion of non-fatal violent injuries are
do not report their findings using age cat- not caused by firearms, but by knives, blunt
egories that comply with the definition of the objects, fists and feet.36
child in the (CRC) as a person aged between
0 and 18 years. Violence within adolescent intimate
and dating relationships
Special studies on youth violence occurring 291
among 10–29-year olds do, however, pro- Intimate and dating relationships with peers
FIGURE 7.2
Rates of forced sexual initiation involving adolescents for the period 1993–1999
Cameroon (N=646) 30
37
Ghana (N=750) 5
21
Peru (N=611) 11
40
USA (N=2042) 9
0 10 20 30 40 50
Percentage
Rates are based on those who have had sexual intercourse.
a) Antigua, Bahamas, Barbados, British Virgin Islands, Dominica, Grenada, Guyana, Jamaica and Saint Lucia
b) Percentage adolescents responding that first intecourse was forced or “somewhat” forced
c) Longitudinal study of cohort born in 1972-1973. Subjects were questioned at 18 years of age and again at 21 years of
age about their current and previous sexual behaviour
Source: Krug EG et al. (Eds) (2002). World Report on Violence and Health. Geneva, World Health Organization
following sexual assault reported having been lence, were received by the Study. Children
assaulted by a stranger.59 In some cases, sexual with disabilities may be targeted by others in
violence is accompanied by or associated with the community, fuelled by stigma and preju-
abduction or trafficking. dice. Services that cater well for their needs
are still the exception. The vulnerability of
ISSUES OF SPECIAL CONCERN children living on the street was strongly
emphasised in Regional Consultations. Physi-
Reports of violence experienced by specific cal and sexual violence by figures of authority
groups of children, or particular situations in such as coaches, religious leaders and teach-
which children seem to be at high risk of vio- ers was widely mentioned, although hard data
“It is easy to get beaten if you are a street boy. People can rape you. Men can beat a boy and rape him.
There is nothing you can do but run away if you are lucky.”
Boy, 12, living in the street, Eastern and Southern Africa, 2005 I
7
TABLE 7.2 – Adolescents reporting sexual coercion: selected surveys, 1999 – 2005
PERCENTAGE
REPORTING
SAMPLE
STUDY FORCED SEXUAL
COUNTRY YEAR INTERCOURSE
POPULATION
Sample Age group
Females Males
sizea (yr)
China51 Hong Kong 1999 8,382 15 – 18 16.9 17.0
Kenya52 Nyeri District 2001 2,712 10 – 24b 20.8 11.0
Nigeria53 Plateau State 2000 4,218 12 – 21 45.0 32.0
Chiang Rai 295
Thailand54 2001 832 15 – 21 28.1 n/a
Province
a) Total number of adolescents in the study. Rates are based on those adolescents who have had sexual intercourse.
b) Of the 1753 respondents included in the analysis, about 6% of the males and 30% of the females had never been married.
c) High school students grades 9 to 12 reporting on coerced sexual intercourse.
are scarce. In regions with large numbers of – of those visible on the streets have actually
refugees and displaced persons, concern was adopted the street as their habitat. This group
voiced about the safety of children in camps is normally characterised by the term ‘street
or dispersed within the community, while con- children’; although the term can be used pejo-
tributors from all regions were concerned about ratively, it is also used by many children and
trafficking, and the plight of children affected their representative organisations, sometimes
by HIV/AIDS. with considerable pride.
Violence against children living on In the past, it was thought that millions of
the street rootless children lived on the streets in various
‘Street children’ are a large and ill-defined cat- countries of Asia and Latin America. However,
egory of children. Since the 1980s, analysts research established that many of these chil-
have drawn a distinction between children dren actually have functioning families. None-
on the street and children of the street.60,61 A theless, there are cities in many regions where
relatively small proportion – less than 10% large numbers of children have become based
“They treat you badly. You don’t feel like walking in the street, they give you names. They whisper
when you pass. They take it that when one person in the house is sick, all of you in that house are sick.”
Girl, 16, Eastern and Southern Africa, 2003 II
298 reported that victims of police violence and sum- negative and uncomfortable experiences, rang-
mary executions tend to be young Afro-Brazil- ing from mild sexual harassment to abuse. A
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
ian males between the ages of 15–19 years, who Danish pilot study (1998) also revealed that
are often involved in criminal gangs.81 about 25% of athletes under 18 knew about or
had experienced situations of harassment by a
Violence by other authority figures coach or trainer. A Norwegian study compar-
While police are the authority figures most ing the prevalence of sexual harassment in and
often mentioned in relation to community outside the context of sport suggests that twice
violence against children, it is clear that many as many athletes as non-athletes have experi-
other people with responsibility to supervise enced sexual harassment from coaches and
or defend children regularly abuse the trust other authority figures.82 In the case of faith-
implicit in their positions. These include sports based orgsanisations, information tends to be
coaches, religious authorities, youth club work- limited to media reports and systematic data
ers, and teachers (the latter are discussed in the from various faiths is seriously lacking.
chapter on violence against children in schools Although these cases do not represent the com-
and educational settings). plete spectrum of situations, they are warning
In recent decades, long-held assumptions signs that should be taken very seriously.
about the purely positive impacts of organised Violence against sexual minorities
activities for children have been shattered by
reports of physical and sexual violence against Media reports, cases documented by human
children in sport- and faith-based activities. In rights groups, and anecdotal evidence by vic-
1998, studies in Canada and Norway revealed tims themselves indicate that violence against
that over one-third of young athletes had had young lesbians, homosexuals, bisexuals and
7
“At the river we are beaten by the owners of the wells, the women. They shout at us
“Why didn’t you come with your own wells from [your own country]?”
They beat us with hands but also beat us with bottles and sticks.”
Girls, Eastern and Southern Africa, 2005 III
transgendered individuals is widely prevalent, In 2006, the United Nations High Commis-
with perpetrators including family members, sioner for Refugees published a study carried
peers, teachers, clergy and police.83,84,85 out in 13 countries (Bangladesh, Côte d’Ivoire,
Ethiopia, Guinea, Kenya, Mexico, Nepal,
Laws outlawing same-sex behaviour which Pakistan, Sierra Leone, the United Republic
exist in some countries, as well as stereotypi- of Tanzania, Thailand, Yemen and Zambia),
cal attitudes, can encourage violence against including information on violence against chil-
sexual minorities. Discriminatory attitudes are dren in refugee camps.92 These countries cur-
also ingrained in both traditional and popu- rently have 52 camps and a total population of
lar culture, in much the same way as attitudes nearly one million refugees.
that accept domestic violence and corporal
punishment. Of particular concern was the study’s finding
that a high proportion of crimes and disputes
Violence against child refugees, in all the surveyed refugee camps fall under the
returnees and internally displaced broad category of sexual and gender-based vio- 299
persons lence. Domestic violence – which can include
When dispersed in urban settings, it is much in 2003 that 1.2 million children are trafficked
more difficult for assistance programmes to every year.98 The phenomenon is complex, and
identify, monitor and support displaced per- interacts with poverty, labour migration flows,
sons. They may be hidden among already under- demand for cheap labour, and perceptions or
served, poor local populations in shanty towns misinformation relating to a better life ‘else-
or scattered over broad, densely populated areas where’. Where children are not registered, the
with limited infrastructure and access. lack of identification documents compounds
the trafficking problem in that children
Children who are resettling in their home
become easy targets for traffickers, and once
country can also be at higher risk of violence.95
trafficked they are effectively ‘lost’.99
A study of children in Zambia, South Africa
and Angola who had been long-term refugees In certain settings, infants are at particular
reported children suffering from violent dis- risk of abduction for trafficking. For example,
crimination because of their status both as ref- in Central America there are reports of infant
ugees and as returnees.96 This treatment comes kidnapping for the US adoption market, some-
on top of the harrowing violence witnessed (or times directly from the hospital shortly after
experienced directly) by many children in their birth.100
country of origin or on the journey to their
host nation, a problem which was not always In some areas, there are reports of young
addressed by the services available. However, children being trafficked for begging. At the
emerging studies on resilience suggest that Cambodian border, parents sell or lease their
family support and having structured educa- children for use as members of begging groups
tion and recreational activities are important in Thai venues.101 Begging in transport hubs,
7
“My job was to make 2-3,000 beedis (cigarettes) in 24 hours. I didn’t know how to make beedis
so they used to beat me up and I was in a lot of pain because of that. I realized they were trying to traffic me
somewhere else so I tried to run away, but they noticed and I was tortured.”
Boy, 13, trafficked from Bangladesh to India, South Asia, 2001 IV
car parks and public places is a characteristic Europe into Western European cities is simi-
of child work in Romania and is ‘exported’ larly well documented.104
through the trafficking of children domesti-
cally and into other parts of Europe. 102 Victims often face stigma if they manage to
escape: because they are viewed as immoral or
Trafficking may involve abduction, but in ‘unclean’, girls are often rejected by their family
many cases it begins with deception or entice- and community, and may return to a life of
ment. For example, many recruiters and traf- prostitution. A trafficked child is generally
fickers deal directly with the parents, who may undocumented and often unable to speak the
believe they are being offered an opportunity to language of the host country, so will have dif-
improve the child’s chances in life, gain a well- ficulty in finding or reaching home. In many
paid job, and that the child can remit money cases, children go home to unchanged social
home to help the family. Once the child is away circumstances, and so risk being re-trafficked.
from the home and the community, however,
he or she is vulnerable to many forms of vio- Where trafficked children are rescued or 301
lence. These include physical and sexual abuse escape, they may be detained by the police or
home, and have therefore been covered at some tors in the community can precipitate violent
length in the chapter on violence against chil- events that might not otherwise occur. Three
dren in the home and family. For the purposes of the most important are: widespread access to
of the present chapter, it is important to point firearms, alcohol consumption, and the char-
out that these include individual factors (bio- acteristics of the physical environment. In situ-
logical make-up and personal history of both ations where these factors are present, young
the child and his or her family members) and people who have no prior history of violent
relationship factors (how the child interacts behaviour and who are not continuously vio-
with parents and siblings) which affect the lent may nevertheless react violently, and with
likelihood that a child will become a victim serious consequences. A fourth important situ-
or perpetrator of violence. For example, chil- ational factor is the presence of gangs or organ-
dren who show early signs of hyperactivity ised armed groups within the community.
and poor attention span (individual factors),
or who grow up with poor parental supervi- Firearms
302 sion, parental aggression and harsh discipline
(relationship factors), are at a higher risk of It is estimated that several hundred thousand
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
involvement in violence either as victims or people die from firearm-related injuries each
perpetrators in later years. year. A large proportion of these deaths are
due to homicide and suicide.106 The number of
Many of these factors – as well as the physical and non-fatal firearm-related injuries is unknown,
psychological symptoms that indicate a child’s but is likely to be many times greater than
experience of violence –may be identifiable by the number of deaths. Adolescents and young
trained professionals such as teachers, social adults are the primary victims and perpetra-
workers or medical staff, but also by members of tors of firearm-related violence in almost every
the community. This is particularly true if com- region of the world.107
munity members’ awareness of violence against
children has been raised by interventions. For instance, firearm-related mortality in
Brazil has increased significantly for all age
The important point to draw from this is that
groups since 1991, but death rates due to fire-
while these risk factors are located at individual
arms have risen the most among children and
and family level, it is at community level that
adolescents aged 10 to 19. In 1991, 55.7% of
many of the key preventive interventions and
homicides involving 15–19-year-olds were
responses to violence must be delivered. These
firearm-related, while in 2000 the proportion
are discussed below in the section on responses.
amounted to 77%.108 In the State capitals with
the highest adolescent firearm-related mortal-
SITUATIONAL FACTORS
ity rates (between 102 and 222 per 100,000),
Many years of research and experience confirm rates are 5 to 11 times those of the overall rate
that the presence of several key situational fac- for all age groups.109
7
Alcohol ing on the part of the perpetrator and/or
victim.113 In the Philippines, where 14% of
Alcohol is a known factor in intimate part- 15–24-year-olds reported physically injuring
ner violence, and children are often directly someone through violence in the previous
affected by this. Alcohol is also an important three months, such violence was significantly
factor in violence against and by older chil- associated with drinking.114 Among 10–18-
dren in community settings. In many societ- year-olds participating in the Caribbean
ies, alcohol is common in social situations. Youth Health Survey, having used alcohol in
Young people may use alcohol to bolster their the last year was significantly associated with
self-confidence, and their aggression levels weapon-related violence for both males and
may increase and escalate to produce violent females.115
confrontations, while impaired physical con-
trol and ability to interpret warning signals in Studies in Finland, England and Wales and
dangerous situations may make some young Australia have shown that levels of alcohol-
drinkers targets for perpetrators.110 related involvement in violence increase with 303
age throughout adolescence and usually peak
resulting in housing disinvestment, deterio- tic of forced eviction, many children experience
rated physical conditions, and reduced ability recurrent nightmares, anxiety and distrust. The
of formal and informal institutions to main- impacts on family stability and the emotional
tain public order. well-being of children can be devastating, even
when evictions are followed by immediate relo-
Forced evictions cation. Children also have recounted increased
incidents of violence within their own homes
Recognition of the right of the child to a stan-
after a forced eviction had taken place.127,128
dard of living adequate for his or her physi-
cal, mental, spiritual, moral and social devel- Gangs
opment is set out in article 27 of the CRC,
and is fundamental to ensuring children’s Gangs are an important factor in violence
security and to protecting them from violence. among and against children in many parts of
Adequate housing, along with adequate food the world. UNICEF Country Offices in the
and clothing, is considered to be an element Philippines, Vietnam, Mongolia and Cambodia
constituting the right to an adequate standard all report worrying levels of gang fights and vio-
of living (article 11 International Covenant on lent gang initiation practices among some of the
Economic, Social and Cultural Rights). poorest communities, often involving children
living on the street.129 In addition to violence
In its 2005 State of the World’s Children Report, directed outside the gang, it may also be used
UNICEF reported that more than one out of against members who fail the gang, refuse to
every three children in the developing world carry out a leader’s order, or are in breach of its
live in inadequate housing (approximately 640 internal rules.130
7
Gang membership may be drawn exclusively zones. These include organised crime organi-
from among school students, exclusively from sations (including those in the drug trade),
among non-school-goers, or from both. How- ethnic or religious militias, vigilante groups,
ever their membership is drawn, gangs operat- and paramilitary organisations.
ing in and around schools can expose students
and teachers to criminal activity and extreme A recent study that investigated such groups
violence. Research shows that, in many societ- in 10 countries (Colombia, El Salvador, Ecua-
ies, physical and verbal aggression, including dor, Honduras, Jamaica, Nigeria, Northern
fighting, is considered a healthy and normal Ireland, the Philippines, South Africa, and
way for boys to prove their manhood and that the USA) found that the average age at which
explains, in part, why boys are more inclined boys tended to join such groups was 13, with
to join gangs than girls and why boys’ gangs the exception of Nigeria, where the average
enter into aggressive competition with other was 15–16.134 Alarmingly, however, the age
gangs.131 However, there are also gangs made of gang members appears to be decreasing.135
The study found that children working for 305
up of girls and, like gangs of boys, they may
Levels of youth violence are high on the agenda of public debate in Latin America.138
Growing concern with youth violence, particularly that associated with gangs, has led
some countries of the region to adopt repressive measures and legislative reforms that
not only contradict human rights principles but that may also have negative effects on
the levels of violence and the organisation of youth gangs.
According to the available data, children are not responsible for the large majority
of crimes of which they are accused, but there is a strong belief that the adoption of
international human rights standards protects children (particularly adolescents) from
justified punishment and is being used as a shield by young criminals. The perceived
synchronisation between the adoption of human rights standards and the increase in
crime in Latin America is sometimes used to undermine important legal advances and
306 even to question the need for accountability in cases of State violence.
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
Political violence in the community tends to affect the risks of violence in other con-
texts not related with the ongoing conflict. More than four decades of conflict have
deeply affected the lives of Palestinian children from the Occupied Palestinian Ter-
ritory (OPT). Development and human rights indicators for children, who comprise
53% (1,954,000) of the total population of the OPT, have deteriorated sharply since the
start of the second intifada (September 2000). For example, in 2005 42.1% (822,634)
of Palestinian children were living below the poverty level,147 and in 2003 data related
to the psychosocial well-being of Palestinian children indicates that nine out of 10 par-
ents report symptomatic traumatic behaviour among at least one of their children.148
The increasing pressure the Israeli occupation has on the lives of those in the OPT,
and the renewed and reinforced restrictions on mobility which apply deeply affect rela-
tions between and within communities and families, leading to an increase in violence
against children in different settings. Addressing the root causes of this violence in the
OPT, rather than its symptoms, only requires contextualising the violence within the
ongoing conflicts.
>>>
VIOLENCE AGAINST CHILDREN IN SITUATIONS OF ONGOING
CONFLICT – THE CASE OF THE OCCUPIED PALESTINIAN
TERRITORY
Violence threatens children in the streets, at school, and in the home. While there is
a paucity of quantitative data on the OPT related to violence within families and the
larger community, one-fifth of the children surveyed in a qualitative study indicated
that the number one source of violence in their lives was the family, with community
violence ranked as being the second most common source of violence.149 Notably, when
asked to identify the perpetrators and places of violence in their lives, 43% of surveyed
Palestinian children reported having experienced violence at the hands of more than
one perpetrator; and almost half of them indicated having experienced violence in
more than one place, including their homes and schools.150
308
More than 50% of the Palestinian children surveyed affirmed that their parents were
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
unable to meet their care and protection needs.151 This sentiment was echoed by the
parents themselves, with more than 43% of Palestinian parents feeling that they were
unable to provide adequate protection and care for their children.152 Studies contextu-
alising the root causes of violence in the family found that the combination of lack of
resources in the family and subsequent stress that this places on the family caregivers is
a significant predictor of family violence in the OPT.153
At home and in the classroom, adult caregivers have noted signs of increasing anger
and aggression among children.154 In school, teachers have noted higher levels of stress,
disobedience, irritation, and reduced concentration and confidence among students.155
Teachers also report an increase in violence between students, particularly boys, while
parents report that children are acting in an increasingly aggressive manner towards
friends and siblings.
Safe areas for children
The lack of safe places for children to play and interact seems to be related to the
prevalence of various forms of violence that take place in areas marked by conflict.
Local-level partnerships between municipalities, NGOs and local authorities have
been forged under the Child-Friendly Cities initiative in four locations in the OPT:
two in the Gaza Strip (Rafah and Gaza City), and two in the West Bank (Jenin and
Jericho).
7
VIOLENCE AGAINST CHILDREN IN SITUATIONS OF ONGOING
CONFLICT – THE CASE OF THE OCCUPIED PALESTINIAN
TERRITORY
The approach to planning takes into account the need to respond to emergencies,
while developing comprehensive protection strategies for children. Participatory needs
include assessments and workshops involving children: they have been conducted, and
their results have been fed into City Plans of Action for Children in each location,
endorsed by participating institutions.
Safe Play Areas have been developed in the most deprived areas of Rafah, Gaza and
Jenin. Teams of facilitators have been trained to design and conduct weekly extra-
curricular activities. Children’s Municipality Councils have been established, whereby
children are trained as leaders, and they themselves design and implement small proj- 309
ects to reach larger numbers of children. Activities include fun days, sports competi-
SOCIETAL FACTORS
Urbanisation
During the second half of the 20th century,
the process of urbanisation in the developing
world rapidly accelerated. Cities and towns
are now home to around half the world’s chil-
dren.157 In many regions, notably sub-Saharan
Africa, which now contains more urban chil-
dren than North America, this demographic
UN-DPI #SHD151)
housing in newly urbanised areas is cramped, negated by the economic inequality and social
flimsy, and insecure, while the surrounding exclusion that often flourish alongside rapid
environment does not offer many opportuni- economic development and urbanisation.163
ties for children to play and interact safely with
the world about them. Outdoor space – which Poorer communities and their children appear
they enter at an early age – is often contami- to be most vulnerable to interpersonal violence
nated by garbage and human waste.160 when exposed to economic and population
changes that contribute to community disor-
Poverty, inequality and social ganisation and, ultimately, to a community’s
exclusion ability to control violent behaviour. Recent
research has supported the theory that the
Around 2.8 billion people today survive on
imbalance between concentrations of affluence
less than US$ 2 a day,161 of whom almost 50%
and poverty in the same urban area could be
are children. Poverty alone, however, is a less
an important predictor of community varia-
significant correlate of violence – as measured tions in interpersonal violence.
by homicide rates – than a combination of
high income inequality and poverty. Although The social exclusion experienced by low-
more research is needed to fully understand the income urban populations in all regions has
links, emerging findings suggest that wealthier been exacerbated by trends at the international
societies have lower homicide rates, even where level. The rapid pace of social and political
there is a large income gap between rich and change, and economic globalisation – the
poor communities. In societies at a lower adoption of domestic deregulation, trade liber-
level of overall economic development, higher alisation and privatisation of services, a policy
7
paradigm which was introduced in the 1980s In view of the strong relationship between
and intensified in the 1990s – has had enor- poverty, inequality and social exclusion, and
mous impacts on society generally, including violence against and among children in com-
on children’s well-being.164 Although many munity settings, the urgency of State obliga-
people have benefited from the creation of jobs tions to fulfil human rights – especially long-
in export manufacturing industries, better neglected social, economic and cultural rights
access to information, and some other aspects – is clear. Althoug that technological advances
of globalisation, the majority of the least well- and other resources have never been greater to
off have suffered a widening gap in economic accommodate these needs, worldwide there are
exclusion. Low-income rural people in 60 still communities where few individuals enjoy
countries surveyed in the World Bank’s 2000 their right to an adequate standard of living,
Voices of the Poor Study stated that life had their right to the highest attainable standard
become less secure, more marginal, and more of health, their rights to social security, educa-
threatened in recent decades. This was due tion, participation, and non-discrimination. In
to the growing precariousness of livelihoods, these communities, violence against children 311
flourishes and significant prevention gains will
Access to information is a child’s right and has an important role in transmitting new
knowledge and facilitating the adoption of life-enhancing pro-social behaviours and
values. In terms of protecting children, technology has certainly helped in making
information and advice more available, for example through ‘child help lines’ (http://
www.chiworld.org), and also via the Internet, although the quality is difficult to regu-
late. Better communication has also increased the potential for protecting children.
However, where children’s access to the media and printed images is not appropriately
supervised by parents or other caregivers, it allows exposure to violent, abusive and
pornographic material.
Many contributors to the Study voiced concern that Governments were not doing
312 enough to limit children’s exposure to images of violence and male domination of
women and girls on television, films, video games and the Internet, that endorse ideas
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
of violence, verbal aggression and sexism as norms and lower sensitivity to violence.168
A review by the International Centre for Missing and Exploited Children found an
urgent need to need increase the number of countries with laws in place related to
Internet child pornography.169
The specific threats to children from the internet and communications technologies
(ICTs) stem from exposure to violent imagery including through video and online
games, and also the production, distribution and use of materials depicting sexual vio-
lence and more specifically, child sexual abuse and pornography. While the problems of
exposure have been well documented in industrialised countries, little is known about
what takes place in developing countries. A study in three cities of Pakistan – Karachi,
Lahore, and Peshawar – in 2001, showed that many children are exposed to pornog-
raphy in Internet cafes. Almost 50% of the children interviewed in the study reported
visiting pornographic sites, and over 80% could name a number of such sites. Most of
the children interviewed were from poor neighbourhoods, or were child workers.170
Online solicitation of children or ‘grooming’ (securing a child’s trust in order to draw
them into a situation where they may be harmed) for such purposes is difficult to
curtail in any jurisdiction, let alone across international borders. In addition, the phe-
nomenon of ‘cyber-bullying’ is emerging in tandem with the proliferation of mobile
phones.171 A 2006 survey in the UK showed that more than one in 10 children aged
7
between 11 and 15 had been harassed, bullied or victimised by threatening messages,
or because someone had published misleading information about them online. Such
actions can be part of complex operations involving the manipulation of photographs
taken on mobile phones, and invitations to anonymous users to attack named victims
on website forums.172
According to experts, the apparent increasing interest in images of abuse may be asso-
ciated with the way the online environments allow for expression that is not generally
tolerated in other environments.173 For example, in the general climate of lowered inhi-
bitions provided by the online environment, users can alter their mood, recreate them-
selves sometimes with multiple self-representations, validate and justify the exchange
of abusive images with others, challenge concepts of regulation, and disrupt conven- 313
>>>
CYBER-SPACE AND CYBER-THREATS – THE CHALLENGES OF
INTERNET AND COMMUNICATION TECHNOLOGIES (ICTS)
on any age group. The researchers emphasised the difficulty of determining causation,
and that aggression is related to a wide variety of factors. A number of issues remain
unresolved, such as the relationship between media violence and crime, and whether
individuals from violent backgrounds, or who are predisposed to aggressive behaviour,
might be more susceptible than others to the effect of watching violent images. Nor is
much known about violent media imagery’s interaction with mental health problems,
or with viewers under the influence of alcohol or drugs.177
During the Regional Consultations convened for the Study, the challenges presented
by ICTs to the safety of children were universally recognised. The Middle East and
North Africa region underscored the importance of the involvement of the private
314 sector, including that relating to tourism and transport industries, in partnership with
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
others in addressing the serious problem of trafficking of women and children, includ-
ing in relation to sex tourism. Two types of sexual exploitation of under-18s in relation
to tourism are noted by ECPAT International: the minority are sex tourists with a spe-
cific interest in pre-pubescent children (paedophiles); the majority are ordinary tour-
ists who take advantage of the sexual services of children, mostly aged in their mid- or
upper teens, who are made available to them. The methods of organising child sex
tourism have changed over time. Whereas it was initially more common for tourists to
make contact through a brothel or in a well known area of such activity, in recent years
the Internet has been used – transforming and multiplying the risks for exploitation of
children through tourism.178
While some major companies internationally are now committing themselves to the
“Code of Conduct to Protect Children from Sexual Exploitation in Travel and Tour-
ism,” to stop human trafficking, including making the links between HIV/AIDS and
trafficking, Governments need to make sure that a great deal more is done.179
While advances in technology have brought many benefits, efforts to extend these ben-
efits more equitably are still needed – protecting children from the negative potential
of technology is a serious challenge. The need for a focus on prevention as an abso-
lute imperative in addressing child safety and ICTs was a message that was reiterated
throughout the Study process. Greater attention paid to the prosecution of offenders,
7
to increasing the public perception and reality that offenders would be caught was also
emphasised, along with the need for more effort to be dedicated to diversifying the tech-
nology to protect children. Increasing the protection of children while expanding access
to ICTs was specifically included in the Tunis agenda for the Information Society from
the World Summit on the Information Society hosted by Tunisia in 2005. The agenda
reaffirmed the importance of “incorporating regulatory, self-regulatory, and other effec-
tive policies and frameworks to protect children and young people from abuse and
exploitation through ICTs into national plans of action and E-strategies.”180
From the expert meeting hosted by ECPAT, Bangkok, and also at the Study’s Regional
Consultations in the East Asia and Pacific region and in the Middle East and North
Africa region, it was noted that agreement is lacking within and between countries on 315
CURRENT PERCENTAGE OF
INTERNET INTERNET
POPULATION PENETRATION
Northern Africa 9,585,000 6.30
Sub-Saharan Africa 13,152,000 17
Latin America and
74,735,188 14
the Caribbean
Eastern Asia 150,173,713 11
Southern Asia 58,919,000 4
316
South-Eastern Asia 52,752,600 9
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
7
children in our region are crumbling. In addition to excellent work of aawareness-raising and service
provision for victimised children, we look forward to expanding our approach to the prevention
of violence against children in coming years.”
Dr Hussein Abdel-Razzak Al Gezairy, Regional Director for the Eastern Mediterranean, WHO
More specifically, family-oriented interven- Schooling provides most children with their
tions to change parenting styles (increase pre- second most important source of socialisation
dictability, parental monitoring, and decrease (after the family). Research suggests that one
negative parenting methods) and improve rela- of the most effective means of preventing vio-
tionships within the family (closeness, positive lence and crime among certain high-risk chil-
statements, emotional cohesion and communi- dren is to provide incentives for them to com-
cation clarity) show strong and consistent evi- plete schooling, obtain vocational training
dence for reducing the risk of children going and pursue higher education. Comparisons
on to engage in serious antisocial behaviour of different interventions to reduce youth vio-
and violence.184 The earlier these programmes lence and crime in the USA have consistently
are delivered in a child’s life, the greater the found that providing high school students
benefits, although significant benefits have with incentives to graduate was the most cost-
also been demonstrated when programmes effective intervention.187,188
are delivered to adolescents who have already Programmes in schools are an important strat-
been arrested for violent or delinquent behav- egy, both for divesting schools themselves of
iour.185,186 (Also see the chapter on violence gang culture and interpersonal violence, and
against children in the home and family.) also for preventing violence among young
people in the community. In the Caribbean,
a nine-country study by the Pan-American
Health Orgsanization (PAHO/WHO) found
that truancy was one of the strongest risk fac-
tors for the involvement of young people aged
7
10–18 in violence. The strongest protective fac- peers, tutors, counsellors, law enforcement
tors were positive affiliation with school, includ- officers or other community members. Such
ing liking the teachers, religious belief, and positive relationships can improve the child’s
church attendance.189 The development of such school attendance and performance, decrease
affiliation can begin with pre-school enrich- the likelihood of drug use, and repair his or
ment programmes which have been shown to her relationships with parents. 198,199 These pro-
strengthen bonds with the school and introduce grammes may be particularly valuable for chil-
children early on to the social and behavioural dren from minority groups, or for those from
skills necessary for success in school.190,191,192,193 difficult circumstances such as refugees and
A few long-term follow-up studies of such pro- displaced persons.200
grammes have found positive benefits, includ-
ing less involvement in violence and other Programmes with and for children living
anti-social behaviours.194,195,196 Quality school- on the street. Examples include drop-in cen-
ing, which embraces learning, support for non- tres, shelters, and other places of safety where
discrimination, and activities to support child trusted adults, food, washing facilities, edu- 319
protection in the community, is an essential cation and skills-building, and other support
ing protective factors such as self-confidence sports clubs and federations; establishment of
and developing children’s potential to pre- telephone help lines; and research on child pro-
vent violence.201 Children and young people tection in sport issues.205
might also be attracted to places where sport
Life skills-based education
and recreational activities are provided along
with educational activities and programmes Within non-formal or formal education pro-
to reduce violence. In general, better results grammes, life skills-based education can be
can be expected where these programmes are effective in reducing youth violence, especially
implemented along with other effective strate- as part of a comprehensive effort.206,207,208,209,
gies, rather than as stand-alone programmes. 210,211
Aimed at enabling children to adopt self-
protective behaviours, life skills-based educa-
Research cites several ways in which commu-
tion can include a wide variety of topics, for
nity-based activities can support children’s
instance: learning how to avoid unwanted
development and resilience (e.g. ability to
sexual intimacy; gaining practice in forming
320 resist pressure to join gangs or engage in peer views and expressing them; developing prob-
violence), including through mentoring and
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
dating violence. After four years, significantly can make the social climate more conducive to
less physical and sexual dating violence perpe- change by breaking taboos and creating public
tration and victimisation was evident for the debate on issues. However, lasting change tends
adolescents in the intervention group.219 to require a combination of efforts beyond cam-
paigns alone. In general, these types of cam-
Some life skills-based education programmes paign seem to be most effective in increasing
are delivered through peer facilitators. Such knowledge and awareness, as well as in shifts in
programmes utilise children and young people social norms concerning some types of violence
of the same or older ages as the target group and gender relations, and some have led to an
to deliver programmes designed to improve increase in the disclosure of sexual offences.228
knowledge, attitudes or behaviours. While But such campaigns, when implemented in iso-
the active participation of children and young lation, have not consistently led to changes in
people is an important principle from a rights- behaviour or to a reduction in violence.
based perspective, evidence that programmes
facilitated by peers alone reduce violence is Police reform and training 321
ambiguous at best, especially when applied in at community level
Over 1,400 children were involved in research in five districts of Uganda in 2004 and
2005. It focused on the various types of violence they experience at home, in schools
and in the community, how it makes them feel, and their ideas about violence-free
childhoods. Also involved were almost 1,100 adults who provided their perceptions of
punishment and discipline, mistreatment and how they also feel about the issues. The
research fed into an evidence-based advocacy campaign, launched in 2006, directed at
protecting and promoting children’s rights to live free from violence. These efforts were
intended to increase public debate and break down the barriers to taking action. The
campaign made an important contribution to the Ministry of Education and Sport’s
initiative on banning all corporal punishment in schools in Uganda.229
322
for some older children as assistants in traffic by, efforts to change attitudes and organisa-
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
7
and to work to heal its ravages. Religions for Peace helps the world’s diverse religious
communities to stand together, pooling their collective moral strengths to stop violence
against children in their homes and societies.”
Dr William F. Vendley, Secretary General, World Council of Religions for Peace
of girls and women from the region, the SHGs environment and violence, particularly in
work on the underlying causes of trafficking urban settings. A number of measures can
through educational and awareness generation be taken to alter the physical environment of
activities, as well as through providing viable communities in order to reduce the risk of vio-
livelihood options to the community mem- lence by and towards children. These include
bers. An assessment managed by UNICEF improved lighting, reducing the number of
in Andhra Pradesh found that the number of ‘blind’ locations (alleys, underground cause-
girls/women trafficked from the project area ways, etc.) where violence can be perpetrated
decreased between 2000 and 2004. STHREE unseen, and creating safe routes for children on
has also managed to rescue girls and women their way to and from school and other com-
from places as far away as Delhi, Pune and munity activities. In locations such as shanty
Mumbai by helping families or ATCs to file towns and refugee camps, particular emphasis
complaints with the police and by following is placed on creating safe routes to commu-
up with police and NGO networks in other nal water collection, and to bathing and toilet
324
States.238 facilities.
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
Other important initiatives to reduce the vul- At a more fundamental and long-term level,
nerability of children to being trafficked centre efforts should be made to improve housing
on taking action to fend off the economic pres- and basic infrastructures (schools, health ser-
sures that face families in difficult situations. vices, etc.) in crowded and squalid urban envi-
In Albania, the Swiss Government Coopera- ronments. A variety of approaches are possi-
tion for Development funds vocational train- ble. Some experts hold that the most effective
ing for young people at risk of trafficking to approach to dealing with severe overcrowding
equip them with marketable skills so that they in poor urban areas is to de-concentrate hous-
can find work at home. In the countries of the ing where possible, change local regulations to
Mekong, ILO–IPEC has supported micro- allow more logical use of space, and improve
credit grants, vocational training, job place- the quality of the surrounding environment.240
ment and small business development for fam- At the same time, efforts must be made to
ilies at risk. All of these initiatives reinforce improve inadequate neighbourhood facilities,
the coping mechanisms of families and ado- such as lack of places for washing and laun-
lescents, and reduce the likelihood that they dry, lack of toilets, lack of recreation spaces
will leave to look for dubious work, or fall prey for children, and lack of community facilities
to recruiters exploiting their desire to improve such as day care and team sports.
their situation.239
From a political point of view, some of this may
Providing safe physical environments be difficult to accomplish if municipal authori-
As discussed above, there is considerable evi- ties are reluctant to improve ‘illegal’ urban
dence of a relationship between the physical settlements through fear that this will act as an
7
enticement to further rural–urban migration. advise the authorities and carry out the work,
Considerable advocacy may thus be required such as architects, urban planners and engi-
to inform such authorities about the need for neers, few of whom may be aware of the impact
such approaches, both from a human rights of the living conditions on child development.
point of view (i.e. the need for decent housing In this regard, the Child-Friendly Cities Initia-
and healthy communities) and as regards the tive (see box) provides a useful tool for chang-
concrete objective of reducing violence. Advo- ing attitudes and placing the needs of children
cacy must also be directed at professionals who at the centre of the urban agenda.
The Child-Friendly Cities Initiative (CFCI) was launched in 1996 to act on the resolu-
tion passed during the second UN Conference on Human Settlements (Habitat II) to
make cities livable, and place ‘children first’. The Conference declared that the well- 325
being of children is the ultimate indicator of a healthy habitat, a democratic society
medical responses are therefore likely to be into their families and communities, are able
particularly valuable for reducing case-fatality to become productive, responsible and caring
ratios and disabilities due to violence in com- adults when they have received the required
munity settings. These should be connected to attention by child protection workers at the
a range of services to support the physical and time of demobilisation. Important compo-
psychological rehabilitation of children once nents in successful rehabilitation included the
their immediate medical needs have been dealt care and role modelling provided by trusted
with (see box). adults, traditional practices such as cleansing
Recovery, reintegration and rehabilitation rituals, educational opportunities, apprentice-
services. When children have been exposed ships, income generation projects, and the pro-
to violent and traumatic events, a variety of vision of seeds and tools.243
services may be needed. These may include
physical rehabilitation, counselling services,
and social worker follow-up to assist social
reintegration. Where domestic violence, traf-
ficking or sex work is involved, ‘safe houses’
or shelters may be necessary; however, it is
important that these shelters provide for the
needs of the children as well for those of their
mother/caregiver. Making the access points for
these services widely known, especially to vul-
nerable groups, is an important aspect of cre-
“Violence against children must stop now. All countries can demonstrate greater proactive
7
leadership in this area by increasing resources for child protection, ensuring that schools are child-
friendly spaces, increasing community vigilance against violence and eliminating the stigma
that haunts children affected by HIV/AIDS.”
Cecilio Adorna, UNICEF Representative, India
A study was carried out in the former Yugoslav Republic of Macedonia, using quantita-
tive and qualitative methods to assess the responsiveness of the child protection system
to violence against children, particularly focusing on formal mechanisms of referral, as
well as mechanisms that promote coordination within the child protection system.
Key informants in 277 institutions were interviewed, including persons from social
work centres, from centres for victims of violence, schools, police stations, hospitals,
residential institutions for children without parental care, and detention and correc-
tional centres.
The pilot study revealed that only a few cases of violence against children had been offi-
cially reported by service providers in the 12-month period. Also, the findings showed 327
that there was a lack of official criteria and procedures for recording cases of violence,
Thuthuzela Care Centres provide a ‘one-stop’ integrated response to the high rates of
sexual violence against women and children in South Africa, and are increasingly held
up as examples of good practice. The Thuthuzela model – the word means ‘comfort’ in
Xhosa – aims to reduce secondary trauma for the victim (i.e. due to police, legal, medi-
cal or other responses), improve perpetrator conviction rates and reduce the lead time
for finalising cases. Its integrated approach to care of rape victimes is one of respect,
comfort, restoring dignity on the one hand, and ensuring justice on the other. Victims
who arrive at police stations are no longer required to make statements until they are
transported to the Thuthuzela Centre by specially-trained ambulance staff, where they
are examined by doctors and nurses, receive counselling and are given the opportunity
328 to bath or shower. Then, and only if she is ready, does the victim make a statement.
Afterwards she is given transportation home, and a variety of follow-up services are
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
Reporting services. Reporting systems that An increasingly popular mechanism for com-
are not only available, but accessible to chil- munity settings is the child helpline, a phone
dren and young people, can be a critical part of service that links children in need of care and
a comprehensive approach to protecting chil- protection to services and resources. In 2003, it
dren. Protecting confidentiality and providing is estimated that about 11.3 million calls were
a high-quality service are also important. Such made to child helplines during that year. Chil-
systems can also provide access or referral, in a dren’s reasons for calling included requests for
coordinated way, to trained professionals and crisis intervention, rehabilitation, counselling
referral to social workers, or health profession- or just needing someone to talk to. Approxi-
als, or law enforcement, as needed. mately 9% of the calls were related to abuse
7
and violence, while a significant number were
from children being exploited commercially,
including those forced to work as beggars or
involved in bonded child labour. 245
Child Helpline International (CHI) is a global helpline network which was established
in 2001 and by the end of 2005, comprised 78 network members. The greatest increase
in members has been among developing countries. The global network provides sup-
port for existing helplines as well as for countries interested in initiating them, and has
been active in advocating countries to set up such services. In 2005, the Tunis Agenda
at the World Summit on Information Society called on every country to have a local,
easy to remember, toll-free number for children to call.247 CHI is also extending its
services to the Internet by providing an online counselling service called Chiworld 329
FIGURE 7.3
Physical 52050
Sexual 36254
Neglect 13123
Emotional 12500
Other 31048
Source: ChildHelpLine International (2005). Submission to the United Nations Secretary-General’s Study on
Violence against Children. Amsterdam, ChildHelpLine International.
SOCIETAL-LEVEL There is some evidence that policies that reduce
the concentration of poverty in urban areas,
Societal-level interventions can have a signifi- for example by improving employment and
cant bearing on whether interpersonal violence education opportunities, may be effective in
is prevented or reduced, or the extent to which reducing violent behaviour by young people.250
violence is tolerated and encouraged.248 For this For example, in a pioneering study in the USA,
reason, violence prevention among the young young people in families that received rental
needs to be factored into ‘macro-level’ decision- subsidies and assistance to move out of poor
making areas such as national poverty reduction neighbourhoods were significantly less likely
strategies, sectoral policies to reduce social vul- to engage in violent behaviour than those who
nerability, policies for local Government reform did not receive this level of support.251
and administrative decentralisation, the exten-
sion and improvement of services for health, The strong and consistent demonstration of a
education and community infrastructure, as close relationship between high levels of eco-
330 well as specific initiatives to advance women’s nomic inequality and increased homicide rates
and children’s rights. The mechanisms whereby in adolescents and young adults indicates that
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
such policies are adapted and implemented at policies which reduce economic inequality or
local level via community-based or group-based minimise its effects may be of great value in
approaches require close attention. preventing such violence. This appears to be
especially relevant for males, since research
Economic opportunity and equality indicates that the relationship between eco-
Two of the most critical challenges directly nomic inequality and homicide is much stron-
affecting young people, particularly those in ger in males than in females.252
high-risk settings, are access to positive live- Reducing access to alcohol and
lihood opportunities and the possibility of illegal drugs
upward mobility by non-criminal means. If
young people feel they have a personal stake Interventions which reduce access to alcohol
in building a safe environment and that their or raise its price have been shown to reduce
aspirations are realisable within the law, the both levels of consumption and rates of youth
personal frustration and social tension that violence within the community. In Diadema,
fuel violence may be considerably defused. A Brazil, the prohibition of alcohol sales after
framework of national political, economic and 23:00 helped prevent an estimated 273 mur-
social policies therefore needs to be developed ders (all ages) over a two-year period.253 In
which prioritises growth, equity and sustain- parts of the USA, restricting access to alcohol
ability in the harnessing of natural and human for underage youths has reduced disorderly
resources, and that replaces or rebuilds the conduct violations among 15–17-year olds.254
deficits in social safety and security which Conversely, the end of an anti-alcohol pro-
have emerged.249 gramme that curtailed the supply of alcohol
7
in the mid-1980s, as well as the socioeconomic Reducing access to,
crisis that followed the demise of the Soviet and demand for weapons
Union saw a remarkable increase in homicides
among Russians under the age of 20 in the As described earlier, access to guns and other
early 1990s.255,256 lethal weapons are a major factor in homicides
and serious injuries to children in many com-
There is also evidence that programmes which munities. Interventions to reduce access to
alter peer drinking habits and other social such weapons include bans on certain types of
norms can reduce harmful alcohol consump- firearms, waiting periods, gun buybacks, rules
tion levels among young people, and thus may on licensing and registration, stricter policing
be useful in reducing alcohol-related violence. of illegal possession and trafficking of guns and
Modifying drinking establishments such as rules for storing them safely. In many places,
bars and clubs can be effective. For example, there is a growing recognition of the need to
improving management and staff practice also address the carrying and use of knives.
through training programmes, implementing 331
codes of good practice, and strictly enforcing To date, relatively few interventions to reduce
7
A priority must therefore be to expand this evidence base by supporting scientific studies that measure
the effectiveness of prevention programmes everywhere, but especially in low- and middle-income
countries where the problem is greatest.”
Dr Catherine Le Galès-Camus, Assistant Director-General, WHO
use the Internet to harm children, monitoring youth empowerment was fundamental to devel-
of known offenders once they have been pros- oping neighbourhood strategies for violence
ecuted, programmes to prevent people becom- prevention.269 Creating associations or support
ing offenders, and treatment for offenders.267 groups for specific groups such as children living
on the street or survivors of child abuse, with
CHILDREN’S PARTICIPATION AT ALL the objective of developing a common identity
LEVELS and solidarity around their own issues, can be
an empowering experience. It can be the spring-
Research has shown that silence is the almost uni- board for taking action on behalf of their own
versal response of children suffering abuse.268 In agendas, including the promotion of other child
such circumstances, special efforts are required rights, and for undertaking joint activity on
to make it possible for them to feel safe to dis- behalf of vulnerable peers suffering from domes-
cuss violent incidents. Systems of local Govern- tic abuse, risk of child marriage, discrimination
ment can play a particularly important role in or school exclusion.270
this regard; whether in the context of centralised 333
systems, decentralisation, or privatisation, they Participation is thus a key principle to be
In Europe and Central Asia: UNICEF has been supporting the development of mecha-
nisms for the expression of children’s views, and their participation as a distinct group with
their own policy agenda in civil society. In the Republic of Moldova, for examples, Local
Youth Councils have been set up to strengthen their capacities and empower young people
for conscious participation in community life. In Azerbaijan, youth centres have been
established in areas with high concentrations of internally displaced people, and events
organised to promote a dialogue among ethnic groups and the wider community.271
The Government of Kenya: In the response to its questionnaire submitted to the
Study272 , the Government reports that the participation of young people in foster-
ing pro-social attitudes has been promoted through the development of the National
Youth Service (NYS); through training of young citizens to engage in ‘tasks of national
334 importance’, such as in reception centres for children living on the street. This is one
example of a country facilitating the potential of young people to contribute to policy
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
debates and assume a vanguard role in building a secure society. A similar approach has
been applied under the UNICEF programme of cooperation in Somalia, where young
people participated in training programmes for citizenship and are setting an example
in the renunciation of violence.273
In the Caribbean ‘XChange’– creating a culture of non-violence in the English-
speaking Caribbean: This project seeks to create safe and protective environments
for children and adolescents in the home, school and community where they can live
and reach their full potential. The project covers seven Caribbean countries: Barbados,
Belize, Grenada, Guyana, Haiti, Jamaica, and Trinidad and Tobago. UNICEF teamed
up with well-known Caribbean entertainer Machel Montano in 2005, to conceptualise
the ‘movement’, using entertainment as an entry point for bringing about positive
change among young people and adults. The campaign uses music, sports, and various
forms of arts to reach and empower adolescents to adopt a positive lifestyle. XChange is
a ‘youth-led movement’, and is multilevel, including parenting and building protective
environments in homes, providing health and family life education, peace-building
and child-friendly school initiatives; building protective communities with adolescents
and young people, improving quality and access of service delivery in relevant institu-
tions, policy development and legislative reform, and advocacy and social mobilisation.
Young leaders clearly defined the vision they have for the XChange project. The second
phase will need to reflect this vision by clarifying the role that XChangers will play
within a clear organisational structure spearheading the initiative.274
7
“You were not there to protect me as a child and I’ ll live with that damage for the rest of my life.
But I vow, as a young person in this society, to put an end to this violence for the next generation.
You can stand by me or you can turn your back.”
Youth leader, survivor and street involved youth, North America, 2005 IX
The Council of Europe’s programme “Building a Europe for and with Children” (2006-
2008) comprises two closely linked strands: the promotion of children’s rights and the
action programme “Children and Violence. The programme takes into account the
social, legal, educational and health dimensions of violence against children, and pays
particular attention to gender perspectives and to vulnerable children.”
In the strand focused on promoting children’s rights, the programme will help States
to devise integrated policies and comprehensive legal frameworks, establish the req-
uisite institutions and structures, develop networks, and produce tools and working
methods, including involving children and the general public. In 2008, the Council
of Europe will be able to offer member States models of national strategies, as well as
instruments and methodologies, which include all elements that have proved to be
necessary and effective for the protection of children’s rights. 335
The fact that different interventions are effec- school, or to participate in non-formal
tive over different periods of time serves to education programmes. Research indi-
emphasise the need for policies and funding cates that this can be an effective measure
mechanisms that permit a consistent, stable to reduce violence in the community.
approach over several years and which address
short-, medium- and long-term objectives. 3. Implement programmes that engage
responsible and trusted adults in the
Decision-makers should therefore be wary of
lives of high-risk children. Governments
calls for immediate responses to specific head-
should ensure the implementation of
line-grabbing incidents and instead work to
approaches such as mentoring programmes
provide lasting support for strategies based on
that bring children and responsible adults
empirical findings.277
together to learn and benefit from each
The following recommendations for the preven- other. These programmes can protect chil-
tion of community-based violence against and dren from violence in their community,
336 among children are made with reference both especially for families under stress.
to the concerns expressed by participants in the
VIOLENCE AGAINST CHILDREN IN THE COMMUNITY
6. Reduce risk factors in the physical envi- 9. Provide improved pre-hospital care and
ronment. Governments should ensure emergency medical services. Improved
that efforts are made in urban rehabilita- pre-hospital care and emergency medical
tion initiatives to make public spaces safer can significantly reduce deaths from vio-
through design features such as better lence and improve the outcome of victims
lighting. In addition, urban design should that suffer non-fatal violent injuries.
include safe public places and routes for 10. Improve access and quality of support
children in and between communities. services for victims. The impact of vio-
lence can stay with its victims through- 337
7. Train law enforcement agents to work
out their lifetime. Early access to quality
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272 All responses are available at: http://www.ohchr.
homepage/antislavery/award/award2001speeches.htm
lence against children, integrated into national policies and comprehensive legal frameworks.
planning processes, is essential for the success The action programme against violence sup-
of this endeavour. Stopping violence against ports States in their obligations to ensure the
children requires not only sanctioning perpe- protection of children, prevention of violence,
trators, but also transformation of the “mind- prosecution of criminals, and participation by
set” of societies and the underlying economic children.
and social conditions that allow violence
against children to thrive. At an international level, it is also expected
that the UN supports countries in their task of
Strong regional support for the implementa- implementation, mainstreams the recommen-
tion of the recommendations is also important. dations of the Study Report to the UN General
Regional mechanisms can play a significant Assembly (elaborated in this book), and moni-
role in bridging gaps in technical expertise, tors achievements. The coordination among
sharing best practices and assessing progress. the various UN entities involved in this pro-
354 Regional networks established during the cess is again essential to ensure the continuity
Study process have continued in various forms of the holistic and multidisciplinary approach
THE WAY FORWARD
in each of the regions. For example, in the suggested by the Study. Bearing this in mind,
Middle East and North Africa, an expanded the report recommended that a Special Rep-
regional network which includes Government resentative for the Secretary-General’s Study
representatives and the Arab League is taking on Violence against Children be appointed,
action to implement the Study recommenda- to provide a focal point and act as a global
tions related to a range of regional priorities.2 advocate on the issues of violence against
The South Asia Forum, established in 2005 as children, building on the worldwide momen-
a result of the Regional Consultation hosted tum generated by the Study process and the
by the Government of Pakistan, has begun to report itself. In an effort to accelerate progress
implement the Study recommendations with at country level, a global Inter-Agency Group
a focus on the issues of early marriage, and on Violence against Children was established
physical and psychological punishment. In in 2005, chaired by UNICEF with the direct
addition, the Council of Europe has launched support of OHCHR and WHO. Membership
a three-year programme, “Building a Europe includes a range of other UN agencies and
for and with Children.” This programme NGOs. These efforts should contribute to the
takes into account the various dimensions of UN reform process by increasing coordination
violence against children in two closely linked among existing entities, refining and clarify-
strands: the promotion of children’s rights, ing mandates, and increasing the attention
and the action programme “Children and given to violence against children across and
Violence.”3 In the strand focused on promot- within existing mandates.
ing children’s rights, the programme will help
European States to set up integrated children’s
“Violence can be prevented... A wide range of positive strategies are available to help societies reduce
violence. These include: training and supporting new parents; helping children learn social skills;
8
assisting communities to control the availability of alcohol; increasing incentives for young people
to complete their studies; enhancing services for victims of violence; and strengthening policies that
promote gender, social and economic equality.”
The late Lee Jong-wook, Former Director-General, WHO, 2005
“We urge you to activate these recommendations and others made by children in previous consulta-
tions and to involve us when designing actions on violence against girls and boys in each country
and region.”
Children’s statement, Young People’s Forum, South Asia, 2005 I
Annex
ESTIMATED HOMICIDE RATES BY REGION
AND INCOME LEVEL, 2002
Source: WHO (2006). Global Estimates of Health Consequences Due to Violence against Children.
Background Paper to the UN Secretary-General’s Study on Violence against Children. Geneva, World Health Organization.
ANNEX
All Low income Males 3.10 2.07 1.07 2.25 9.75
All Low income Females 2.03 2.02 1.60 1.61 3.48
Males &
All Low income 2.58 2.05 1.33 1.94 6.70
Females
Africa All Males 5.85 4.25 2.44 5.09 15.64
Africa All Females 5.30 4.07 4.79 4.62 9.45
Males &
Africa All 5.58 4.16 3.60 4.86 12.57
Females
Asia All Males 1.53 1.32 0.65 1.21 3.93
Asia All Females 0.99 1.29 0.70 0.69 1.48
Males &
Asia All 1.27 1.30 0.68 0.96 2.74
Females
Australia/New Zealand All Males 0.99 1.76 0.44 0.41 1.60
Australia/New Zealand All Females 0.55 0.75 0.64 0.31 0.48
Males &
Australia/New Zealand All 0.78 1.26 0.54 0.36 1.05
Females
Europe All Males 1.74 1.44 0.55 0.89 5.72
Europe All Females 1.01 1.30 0.57 0.75 1.67
Males &
Europe All 1.38 1.37 0.56 0.82 3.74
Females
Latin America and Caribbean All Males 8.11 1.95 0.98 4.01 37.66
Latin America and Caribbean All Females 2.21 1.62 0.67 1.81 6.50
Males &
Latin America and Caribbean All 5.21 1.79 0.83 2.93 22.33
Females
>>>
Homicide rate per 100 000 population
UN region income sex 0-17 0-4 5-9 10-14 15-17
years*
Northern America All Males 2.57 3.77 0.56 1.09 6.37
Northern America Al Females 1.48 3.01 0.59 0.72 1.60
Males &
Northern America All Females 2.04 3.40 0.57 0.91 4.04
Oceania** All Males 1.74 3.31 0.83 2.00 0.13
Oceania** All Females 1.38 2.10 0.74 0.85 2.14
Oceania** All Males & 1.57 2.72 0.78 1.45 1.08
Females
358
ANNEX
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