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Summary: Report submitted for the Europe and Western
Asia Regional Consultation on Violence
Against Children, taking place in Ljubljana
from 5 to 7 July 2005.
A new report shows that children in the majority of European and Central
Asian states are not fully protected under assault laws, despite the clear
international human rights standard that children should have the same
protection as adults.
The Global Initiative to End All Corporal Punishment of Children, a
worldwide coalition of more than 100 organisations, has submitted the
report entitled “Ending legalised violence against children” to the Europe
and Central Asia Consultation of the UN Secretary-General’s Study on
Violence against Children (Ljubljana, Slovenia 5-7 July 2005) - one of nine
regional conferences being held this year.
The introduction to the report says: “Hitting people is wrong – and children
are people too. Corporal punishment of children breaches their
fundamental rights to respect for their human dignity and physical
integrity. Its legality breaches their right to equal protection under the law.
Urgent action is needed in every region of the world to respect fully the
rights of all children – the smallest and most fragile of people.”
The report reviews the legal status of violent punishment in each state in
Europe and Central Asia. It found that 16 European countries - more than
a third of the Council of Europe’s 46 member states - now recognise
children’s human right to equal protection and prohibit all corporal
punishment, including in the family. However, the rest have failed to act,
despite recommendations from human rights bodies monitoring conformity
with the UN Convention on the Rights of the Child and the European Social
Charter. In all countries in Central Asia the law does not protect children
from being hit in the home and many still allow children to be legally
assaulted in schools, the penal system and alternative care settings.
Recommendations in the report, which are endorsed by major human
rights and
children’s organisations in the region, include:
+ Explicit prohibition of all violent punishment of children in the family,
schools, the penal system and alternative care settings in order to give
children equal protection with adults;
+ Greater awareness-raising and public education on children’s right to
equal
protection and the negative effects of violent punishment;
+ Greater research to show the extent of violent punishment in all settings.
The report explains that these vital steps are requirements of human
rights obligations under international treaties. The UN Committee on the
Rights of the Child, the body monitoring compliance with the Convention
on the Rights of the Child, has already- 2 - expressed concern at the lack
of action in most of the European and Central Asian countries which do not
give children equal protection. In addition, the Council of Europe’s
Committee of Social Rights has stated that the European Social Charter
requires prohibition of all corporal punishment and is pressing states to
comply.
In a foreword to the report, Jaap Doek, chairperson of the UN Committee
on the Rights of the Child, writes: “The Committee on the Rights of the
Child strongly believes that the UN Secretary General’s Study on Violence
against Children will accelerate moves to prohibit and eliminate corporal
punishment and any other form of violence against children as an
unacceptable violation of human dignity and physical integrity. It is a vital
stepping stone to a violence-free society.”
Peter Newell, Co-ordinator of the Global Initiative to End All Corporal
Punishment of Children, said: “The UN study must lead all countries to
satisfy their human rights obligations to safeguard children from all forms
of violence. In the 21st Century, we cannot go on denying children their
fundamental human right to protection from being hit that we take for
granted for ourselves. The law in all countries must say that hitting
children is at least as wrong as hitting anyone else. Our aim must be for
Europe and the world to become a corporal punishment free zone, sooner
rather than later.”
Mali Nilsson, Chair of the International Save the Children Alliance Task
Group on corporal punishment and other forms of humiliating punishment,
said: “Law reform to end all corporal punishment of children is a human
rights obligation that cannot be ignored. This report shows that Europe is
making real progress, but many countries still need to act to give children
give children the equal protection that is their right, so we can at last
declare the continent a corporal punishment free zone. Hitting people is
wrong, and children are people too.”
Mary Marsh, Director and Chief Executive of the National Society for the
Prevention of Cruelty toChildren (UK), said: “The time is right for Europe to
become a corporal punishment free zone.
Many European countries have already changed their laws so that children
have the same protection from assault as adults already enjoy. This is the
only safe, sensible and just way forward. The onus is now on the
remaining states, including the UK, to reform their laws so that violence
towards children is no longer acceptable in any part of Europe.”
For further information:
Peter Newell – attending consultation, Rm 4090 Union Grand Hotel Garni
or Tony Samphier on +44 (0)208 671 2911
A copy of the report is available at the consultation from Peter Newell
or by emailing [email protected]
or at www.endcorporalpunishment.org
pdf: www.endcorporalpunishment.org/pages/pdfs/Report-EuropeCentralAsia.pdf