HUMAN RIGHTS COUNCIL: Side event on national violence strategies

A side event at the 13th Council session tackled the issue of violence against children, with delegates discussing the publication and implementation of the Council of Europe’s new Council of Europe Policy guidelines on integrated national strategies for the protection of children from violence.

Hannu Himanen, Ambassador, Permanent Representative of Finland to the United Nations Office, began the event by quoting the 2006 UN Study on Violence Against Children, which emphasised that action can only happen with an integrated plan. He said: “A piecemeal approach does not do the job.”

"For example", he said, "In Finland, my country, the governement banned corporal punishment in 1984. This was an important step, but still it occurs. A recent study showed that one quarter of Finish adults accept the notion of corporal punishment.”

Mr Himanen said that a quote from Thomas Hammerberg, Commissioner for Human Rights at the Council of Europe, at the 20th CRC anniversary conference, had stayed with him. Mr Hammerberg said: “It is paradoxical and an affront to hunmanity that the smallest and most vulnerable people should have less protection from assault than adults.”

Lothar Friedrich Krappmann, of the UN Committee on the Rights of the Child, said: “The adoption of these guidelines is a significant step in the protection of violence against children.”

He went on to emphasise that: “No violence against children is acceptable. All violence against children is preventable.” Mr Krappmann said this was not limited to physical violence, but also mental abuse.

He said there had not been enough coordination between different initiatives, programmes and policies.These guidelines affect more than 200 million children, he added.

Marta Santos Pais, Special Representative to the Secretary General on Violence Against Children, also presented at the event. She said: “Regional organisations such as the Council of Europe can have a huge influence in regional implementation of standards, and aid cross fertilisation.”

The Council has been very influential in promoting a regional platform. In 2010, many countries have not adopted a violence strategy, even though the UN Study on Violence Against Children stated all countries should adopt a strategy by 2007. This should also include laying down markers for implementation. These European guidelines help to address some of these requirements and are relevant everywhere, she added.

She said: “I believe that promoting the dissemination of these guidelines will help us move forward on implementing the UN Study’s recommendations, and could provide a good framework in countries all over the world.”

Lioubov Samokhina, Head of the Children’s Rights Policies Division at the Council of Europe, spoke about the development of the guidelines, and the approach taken in the drafting process. “The main objective of the guideline is to promote a culture of respect for the rights of children, and to stimulate change in the attitude towards children and childhood,” she said. The main aim of the guidelines, she added, was to encourage States to develop a multi-faceted and systematic framework.

Idália Moniz, Secretary of State for Disability, Portugal, spoke of her country’s efforts to adopt an integrated and model strategy. She emphasised the importance of redefining budgets. Portuguese criminal law was changed in 2007 to outlaw all forms of corporal punishment. Cooperation is needed on all levels, from local researchers to policy and decision makers, she said.

NGO role

Peter Newell, of the NGO Advisory Council on Violence Against Children, spoke of the role of the non-governmental sector.

He said: “We are speaking about all violence, however slight. There is an adult tendency to draw a line between so-called softer forms of violence.”

He said the biggest role for NGOs was advocacy. “I think these guidelines are an advocacy tool of great value,” he added.

Mr Newell said there is still a long way to go, within the Council of Europe, and everywhere else. Mechanisms are still not being used to promote an end to all violence against children, and no country can claim to have an effective strategy against violence against children when some forms of punishment are still legally endorsed.

Twenty seven of the 47 Member States have still not prohibited all forms of violence against children, and in many countries corporal punishment is still permitted in institutions such as care homes. It is inconceivable that States would defend legalised violence towards any other groups, such as women, people with disabilities or elderly people, Mr Newell said.

Retrospective research studies interviewing young adults about their childhood show much experience of sexual and other violent forms of assault, but as children they did not report it, in part because of mistrust of social services. He said: “Proper child protection systems must involve children being systematically invited to give their views on such systems.”

Mr Newell said it was important that, while it is usually NGOs that facilitate child participation for government programmes and policy, it should really be governments themselves that are involving children directly.

“It is fine for NGOs to provide demonstration and pilot projects, but in doing so it is important we are not colluding in governments not fulfilling their obligations,” he said.

A change in attitudes requries long-term campaigning. Mr Newell also mentioned how some church and faith groups were embracing an approach against violence, while evidence of abuse in such institutions is becoming more publicly acknowledged.

He said he felt conspiracy laws should be used against those groups that attempt to cover up evidence of sexual and other forms of violence towards children.

During the discussion following the presentations, a delegate asked if there had been any positive examples of the international dissemination of the guidelines. Ms Samokhina spoke of plans to organise events on the guidelines, inviting international representatives from a range of countries and organisations.

Mr Krappmann said it is “such a hard job” to eradicate violence against children, and that it is “not just the job of European States, but of all States.”

Ms Santos Pais noted that international cooperation was also essential in respect of the migration of children.

About the guidelines

In line with the recommendations of the United Nations Committee on the Rights of the Child and of the United Nations Secretary-General’s Study on Violence against Children, these guidelines were developed to promote the development and implementation of a holistic national framework to safeguard the rights of the child and to eradicate violence against children.

The guidelines are based on eight general principles (protection against violence, the right to life and maximum survival and development, non-discrimination, gender equality, child participation, a state’s obligations, other actors’ obligations and participation, best interests of the child) and four operative principles (multidimensional nature of violence, integrated approach, cross- sectoral co-operation, multi stakeholder approach). These have been mainstreamed throughout, including into sections on integrated national, regional and local action; education and awareness-raising measures; legal, policy and institutional frameworks; research and data collection.

Further information

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