10 June 2009 - CRINMAIL Violence against Children 44
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- VIOLENCE: Children's Rights Platform launched [publication]
- III World Congress Outcome Document [report]
- Latest News and Resources
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VIOLENCE: Children's Rights Platform launched [publication]
Strasbourg, 2-3 June 2009
Background
Redressing the status of “children as possessions”, quashing violence, boosting participation and establishing child-friendly justice systems are the aims of a groundbreaking European platform for children's rights, launched last week in Strasbourg.
The platform, set to energise the European child rights movement, brings together government representatives, Council of Europe experts, civil society, ombudspersons, international organisations, researchers and individual experts to share information and experience on children's rights.
The launch meeting focused on violence against children, and attended by international experts keen to see the now-obligatory public commitments ripen into action, in practice as well as law.
Peter Newell, of the NGO Advisory Council for Follow up to the UN Study on Violence against Children, deplored State and social endorsement of corporal punishment.
He said: “Can you imagine an effective programme to challenge violence against women, or elderly people, being built in any state on laws which authorise violence disguised as domestic discipline? Every country has a criminal law on assault which protects adults from all forms of physical violence wherever we are, including in our homes, offices and at meetings like this.
“We would think this was uncontroversial as well as long overdue – but if so you misjudge the capacity of adults for hypocrisy and double standards.”
Meanwhile, Professor Jaap Doek, former Chairperson of the UN Committee on the Rights of the Child, was clearly appalled at the manner in which the UN limped towards appointing an international expert on violence against children.
He said: “The Committee recommended the study was undertaken back in 2000 and 2001. It was started in 2003, presented at the UN General Assembly in 2006, and now it is May 2009, we have a three year mandate, an SRSG, but no budget and no desk!”
Mr Newell went on to make the link between children's social status and their vulnerability to violence.
He said: “Respect for human dignity is the foundation of human rights, as is clear from the Universal Declaration and other core instruments. Human rights are universal, and the particular task of the Convention on the Rights of the Child (the CRC) is to confirm that children too are holders of human rights: a very necessary task given the traditional low status of children as possessions, not people. It is this low status that makes children particularly vulnerable to violence.”
He cautioned, however, against relying solely on legislative measures. “A clear and complete legal framework is fundamental, but not of course sufficient: law needs to be linked to educational and other measures” he said. [Read Peter's full speech here]
Speaking about the other primary objectives of the platform, Maud de Boer Buquicchio said child friendly justice guidelines are being drafted and should be finalised this year, while a group of specialists will soon start working to promote a real culture of child friendly communication and information. [Read her full speech here]
Draft Guidelines
Participants at the meeting discussed the Council of Europe's draft guidelines on National Integrated Strategies for the Protection of children against violence, first discussed in Stockholm in 2008.
The aim of the guidelines is to provide decision makers and stakeholders with tools to promote children's rights, and eradicate all forms of violence against children.
Four countries have so far volunteered to undertake a review of national policies and practice: Italy, Norway, Romania and Portugal. A methodology was developed that would include an in-depth analysis of the scale and nature of violence against children, the legal institutional frameworks that are in place, recent trends in policy making, and national and local prevention strategies and their implementation.
The reports were also developed on the basis of conclusions and recommendations of the UN Study on Violence Against Children, and involved governments, civil society, Ombudspersons, the Office of the High Commissioner for Human Rights, UNICEF and other experts.
It is hoped that these four pilot country analyses will help in producing a model strategy that can then be adapted for each country.
The representative of Slovenia welcomed the call from the Council of Europe to create a forum for exchanging information and good practice on preventing violence against children. She said the Study was an excellent starting point but said that regular expert meetings would be very useful as well.
European Court
Ms Mirjana Lazarova Trajkovska, Judge at the European Court of Human Rights, outlined some of the case law in the European Court in relation to children's rights.
She said the majority of cases dealt with corporal punishment in the penal system, but also involving teachers and some in the home. These were mostly in relation to Article three of European Convention on Human Rights on ill treatment, and Article 8 on interference with family life.
She said articles two and three of the Convention “create positive obligations on the State requiring prevention actions, effective investigations within the family, prosecution and punishment of abusers”. The Court has ruled that there are cases where parental rights should be suspended, including suspending custody or contact with children.
See the European Court case law database here.
Search for more examples of case law at the European Court and other monitoring bodies here.
Child friendly justice
Ms Ksenija Turkovic, of the University of Zagreb, and the Council of Europe group of specialists on child friendly justice, gave an update on the drafting process. She explained that there had already been a wide consultation with governments, UN agencies, civil society and other experts.
She said that although there exists some international standards, the added value of these guidelines is that they deal with children who are victims, witnesses and in who are in conflict with the law. “These guidelines will contribute to the establishment of a new juridical order for children in Europe”, she said.
More information about the child friendly justice initiative of the Council of Europe here: www.coe.int/childjustice
Follow up to the UN Study
Day two of the meeting focused on follow up to the UN Study on violence against children with a presentation by the newly appointed Special Representative of the Secretary-General, Marta Santos Pais.
She explained that her role was to promote implementation of the recommendations of the UN Study, collect and share examples of best practice across different sectors and regions, help States to change policies and mindsets, and place children at the centre of the political agenda.
She said the current draft guidelines provided a strong policy framework and strong references to the UN Study recommendations. The study, she explained, was rights-based, which meant that it addressed all forms of violence.
The mandate of the SRSG is to be an independent global advocate, to act as a catalyst for action, stimulate action with a wide range of actors, and to prevent and respond to violence, she said.
“Independence is very important”, she emphasised, “it is a critical dimension. The SRSG will report to the SG directly and can choose her own staff.”
The office will be supported by voluntary contributions from Member States and the private sector, will be based in New York and is for three years initially.
She further explained why the Council of Europe was uniquely placed to move quickly and effectively on the recommendations, saying that it is an authoritative voice for human rights.
As mentioned above, Professor Jaap Doek, former Chairperson of the UN Committee on the Rights of the Child (CRC) and General Rapporteur for the Rio Congress, bemoaned the low priority afforded to the UN violence study's recommendations.
“The SRSG on Children and Armed conflict has seven full time staff, dealing with one very specific topic, where countries concerned are easily identifiable”, he said.
“Look at violence and the overarching recommendations! This concerns all forms of violence in all settings, and for all of them, there is a different need for different responses. Marta is going to take care of all that in the next three years?”
Professor Doek then went on to present the outcome document from the III World Congress. He explained that this report was the result of regional meetings and background papers that proposed a draft for discussion at the Congress. There was a follow up meeting in New York in April to fine tune it and approve the final document.
The document, he explained, reflects an international consensus on action that should be taken. “I am sure some are disappointed by the recommendations, as some regional ones went further, but we had to compromise to get consensus”, he continued.
Read the final Outcome Document here
Conclusions
Elda Moreno presented some preliminary conclusions regarding the discussions that took place over the two days. Input from the participants will inform the work of the Council of Europe. Overall, it was agreed that the CoE should:
- Ensure coordination at national level between all governmental actors and with professional networks,
- research institutions, independent authorities (like Ombudspersons for children), the media and NGOs;
- Ensure monitoring of progress at national and international level;
- Continue to encourage the mainstreaming of children’s rights issues in all of the CoE's bodies;
- Acknowledge the role of children, not only as victims of violence but also as actors of change
- Create opportunities for all children to contribute to the development and implementation of action plans against violence;
- Invest in research so that action can be based on evidence;
- Campaign to change behaviours and attitudes towards children and the acceptance of certain forms of violence
- Strengthen cooperation with the European Union and other regional bodies
On violence against children:
- Examine options available for setting up an independent mechanism to monitor violence against children at European level;
- Act as a focal point in the Region for the collaboration with the UN SG Special Representative on violence against children and promote the follow up to the UN Study;
- Campaign for rapid ratification and effective implementation of UN and Council of Europe Conventions, in particular the Council of Europe convention on the protection of children against sexual exploitation and sexual abuse;
- Use the children’s rights platform as a Pan European platform to promote the exchange of information and sharing of experiences and adopt policy guidelines on integrated strategies on violence against children;
- Mobilise resources to invest in the prevention of violence against children;
- In relation to follow up to the III World Congress, launch a Council of Europe campaign to eliminate sexual violence against children by 2010
Read the full report online: http://www.crin.org/violence/search/closeup.asp?infoID=20452
Note
Please note that the full report from the Council of Europe will be made available shortly. The conclusions above are preliminary and should not be interpreted as final. We will be linking to the final report as soon as it is published.
Further information:
Factsheets:
Violence against children resources:
For more information, contact:
Child Rights Information Network, CRIN
East Studio, 2 Pontypool Place, London, SE1 8QF, UK
Tel: +44 (0)207 401 2257, Email: [email protected]
Website: www.crin.org
Visit: http://www.crin.org/resources/infoDetail.asp?ID=20452
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- III World Congress Outcome Document [report]
'The Rio Declaration and Call for Action' is the outcome document of the World Congress III against the Sexual Exploitation of Children and Adolescents. The Call for Action provides a comprehensive framework for the protection of children and adolescents from all forms of sexual exploitation. It also includes an Adolescent Declaration to End Sexual Exploitation.
Download the report here: http://www.crin.org/docs/Rio_Declaration_and_Call_for_Action.pdf
More information:
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- Latest News and Resources
UGANDA: Launch of campaign against child sacrifice, 10 June 2009
Go to: http://www.crin.org/violence/search/closeup.asp?infoID=20451
JAPAN: Software regulator bans rape "games", 5 June 2009, AFP
Go to: http://www.crin.org/violence/search/closeup.asp?infoID=20421
CANADA: Every Image, Every Child: Internet-facilitated child sexual abuse, 3 June 2009, Federal Ombudsman for Victims of Crime
Go to: http://www.crin.org/violence/search/closeup.asp?infoID=20370
IRELAND: Report of the Commission to Inquire into Child Abuse, 25 May 2009
Go to: http://www.crin.org/violence/search/closeup.asp?infoID=20289
ARGENTINA: Commentary on the juvenile justice debate, Norberto Liwski, 20 May 2009
Go to: http://www.crin.org/violence/search/closeup.asp?infoID=20286
More news and reports on the CRIN Violence Website.
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