Violence against children in institutions

Summary: Violence against children in institutions -
Background paper on Human rights
obligations to protect children from all forms of
violence in institutions, to be presented to the
working group on violence in institutions at
the East Asia and Pacific Regional
Consultation on violence against children,
Bangkok, 14 -16 June 2005.
Stop Violence Against Children
East Asia and Pacific Regional Consultation - Bangkok June 14 – 16

Violence against children in institutions
Background paper
Human rights obligations to protect children from all forms of violence in
institutions

All states in the region have ratified the Convention on the Rights of the
Child. States have absolute obligations to protect children from all forms of
violence in all institutions, whether state-provided or private (articles 19,
37, etc). These obligations require that state legislation and administrative
and educational measures are adequate to prohibit and eliminate all forms
of violence, including in all institutions, state run or supported or private.

The articles identified as providing basic principles include:
• respecting all children’s rights without discrimination (article 2);
• the best interests of the child being a primary consideration in all
actions concerning children (article 3);
• ensuring the maximum survival and all round development of the
child (article 6);
• assuring children’s right to express their views and have those
views given due weight in all matters affecting the child (article 12).

There are other detailed obligations in the CRC, including:
• Article 3(3): ensuring that all institutions, services etc
responsible for care or protection conform with standards established by
competent authorities, particularly in areas of safety, health, number and
suitability of staff and supervision.
• Article 9(3): separation from parents only in best interests of
child and subject to judicial review; respect for right to retain personal
relations and direct contact with both parents unless not in best interests.
• Article 20: special protection and assistance for children deprived
of family environment ; including “if necessary” placement in suitable
institutions.
• Article 25: right to periodic review of treatment/care and other
relevant circumstances.
• Article 37: no unlawful or arbitrary deprivation of liberty, etc.
• Other articles make special provision for disabled children (article
23) and asylum-seeking/refugee children (article 24).

The Committee on the Rights of the Child has frequently raised concerns
about violence against children in institutions in its concluding
observations on states parties’ reports.

Other relevant Standards: UN Rules for the protection of Juveniles
Deprived of their Liberty (which cover “welfare” as well as penal
placements involving restriction of liberty). Also Inter-Agency Guiding
Principles on Unaccompanied and Separated Children (developed by
International Committee of the Red Cross and others 2004).
At its 37th session (autumn 2004) the Committee on the Rights of the
Child adopted a decision calling for development of UN Guidelines for the
Protection and Care of Children without Parental Care.

Are there any relevant regional human rights standards?

Why are children in institutions?
• Lack of parental care; parents’ death, absence, inability to cope
(illness, imprisonment, economic difficulties); abandonment or giving up
children through poverty or stigmatisation.
• Removal from parents as a child protection measure because of
violence, exploitation or neglect;
• Disability or illness including mental illness
• Entry into another country as immigrant or asylum-seeker or
internally displaced person
• Placement in residential school

Other reasons for institutional placement in the region?

(The working group on “Children in conflict with the law” will cover
detention and other institutions related to juvenile justice system)

What sort of institutions include children?
State and private bodies, including NGOs, faith groups etc provide
institutional care for children, in welfare, health and educational systems.

These may include residential care homes, emergency shelters including
for children living and/or working on the streets, health and mental health
institutions, residential schools, placement or transit centres, refugee
camps and centres. Some welfare as well as penal institutions may restrict
children’s liberty.

If other working groups are not covering violence against children in foster-
care and equivalents, it will be important for this group to consider; there
are identical issues including importance of registration and supervision
and safeguards over recruitment of carers.

Are there other forms of institution including children in the region?

Risk of violence against children in institutions
While children in all regions probably suffer most physical, psychological
and sexual violence within their own homes, it is now acknowledged that
children in institutions are also at high risk of all forms of violence unless
stringent safeguards are in place.

There have been reports in recent years from many states in all regions of
systematic physical and sexual violence against children in a range of
institutions. It seems likely that this affects children in any institutions
which have not been subject to rigorous independent inspection and other
safeguards.

Some of the risk factors for institutional violence include:
• Unchecked abuse of power;
• Inappropriate disciplinary options including use of corporal
punishment;
• Discrimination: for example, disabled children are
disproportionately at risk of violence;
• Lack of privacy;
• Overcrowding;
• Inappropriate and/or inadequately trained staff.

Other identified risk factors in the region?

Perpetrators of violence in institutional settings
Children may suffer violence from those working in the home, from
intruders, and from other children (but it should be noted that the roots of
violence by children against children tend to be adult violence against
children, in their homes or in the institution).

Information on violence against children in institutions in the region
All regions suffer from a lack of basic information about numbers of children
in institutions, reasons and types of institution. Most states suffer from a
lack of basic information about the various forms of violence against
children in institutions.
Interview research in conditions of confidentiality with children and carers
and other staff is the only way of getting near-accurate information on all
forms of violence, and also measuring progress towards its elimination.

Requirements to record and report incidents of violence are important but
do not add up to full picture.

What are information gaps/need for research across the region?

Ways to eliminate violence against children in institutions:
Reducing institutionalisation; ensuring optimum conditions
First, is the placement of children in institutions both “necessary” and in
their best interests? The likelihood of violence may be increased if
placements are unnecessary or inappropriate.

The CRC implies that institutional placement should only be made “when
necessary”. On the other hand it is essential that children who are placed
in institutional settings and those working in them as carers are not
stigmatised because the placement is seen as “a last resort”. Adolescents
often prefer a small-scale institutional placement offering appropriate
increasing autonomy to a succession of foster-placements

Positive material conditions, appropriate equipment and activities, frequent
contacts with the “outside” world, educational opportunities (preferably
integrated into ordinary institutions) can all help to reduce the risk of
violence.

Legal safeguards
All forms of violence against children, including all corporal punishment and
other humiliating punishment or treatment, should be expressly prohibited
in legislation. There should also be regulations and detailed guidance
strictly limiting forms of restraint and any use of drugs for control
purposes.

Regulations should set out standards for all institutions, the care and
treatment provided and staffing, including obligations related to
recruitment of staff and vetting; independent inspection including
discussions with children and carers in private; rights to contact with
parents, friends and others outside the institution; independent
complaints procedures; regular reviews including confidential “exit”
interviews with children leaving institutional placements.

In some states all children in institutions are put in contact with an
independent person or independent visitor who can hear any concerns
they have and advocate on their behalf. In others there are confidential
telephone help-lines for children.

There should be established procedures for independent investigation of
serious incidents of violence or death of children in institutions.

Policies within institutions on behaviour and, for example, to prevent
bullying should be agreed with children who should be involved in
reviewing them regularly.

Staffing safeguards
Staff (all staff who come into contact with children in institutions) need to
be appropriately qualified and trained, and carefully vetted to ensure they
pose no risk to children. On going in-service training and appropriate
supervision is also essential. It is important that those who work with
children in institutions should be appropriately valued, respected and
rewarded. It is useful for associations of workers in institutional settings to
develop ethical principles.

What other legal, administrative, educational and other measures are
required to protect children from violence in institutions in the region?

Background paper prepared by Peter Newell, Joint Coordinator, Global
Initiative to End All Corporal Punishment of Children
[email protected]
Peter Newell acknowledges with gratitude information from a 2005 paper
by Nigel Cantwell on “Violence in state care residential placements for
children”,
Owner: Peter Newell