State Violence Against Children. A Written Statement from the Sub-group on Refugee Children and Children in armed Conflict

Committee on the Rights of the Child Day of General Discussion State Violence Against Children Friday, 22 September 2000 – OHCHR (Palais Wilson, Geneva) Submission by NGO Group for the CRC Sub-Group on Refugee Children and Children in Armed Conflict NGO Group for the Convention on the Rights of the Child Sub-Group on Refugee Children and Children in Armed Conflict ----------------------------------------------------- STATE VIOLENCE AGAINST CHILDREN A WRITTEN STATEMENT FROM THE SUB-GROUP ON REFUGEE CHILDREN AND CHILDREN IN ARMED CONFLICT The dependent status of children, and traditional assumptions of adult’s authority over them has made them particularly frequent subjects of violence, be it within the family or extra familial violence. There are strong links between early experience of violence in childhood and violent or other antisocial behaviour in later life. Violence to children is inextricably linked to violence by children, and to manifestation of adult violence. Reducing violence to children has therefore immense potential for transforming societies for the better. In its guidelines for the day of general discussion, the Committee on the Rights of the Child notes that particularly vulnerable groups of children who are temporarily or permanently deprived of a family environment are more vulnerable to abuse. It has decided to focus on two sub-themes: mistreatment, abuse and neglect of children in the care of the State; and violence against children in the context of law and order concerns. The NGO Sub-Group on Refugee Children and Children in Armed Conflict would like to raise with the Committee, some points under each of these sub-themes. 1. Mistreatment, abuse and neglect of children in the care of the State: The Sub-Group on Refugee Children and Children in Armed Conflict welcomes the adoption of the Optional Protocol to the Convention on the Rights of the Child on involvement of children in armed conflict, but continues to regret that the Protocol does not also prohibit all voluntary recruitment of under-18s into Government armed forces. Much attention has been focussed on the use and abuses against child soldiers during armed conflicts and in armed groups, but an area which has not yet been subjected to serious consideration is the way in which young recruits are treated even when routinely recruited into government armed forces in peacetime. (a) Many are subjected to “hazing” and initiation procedures of a degrading nature as well as to toughening up exercises which are designed to break the will of recruits in order to induce instant obedience to orders. Furthermore, female recruits are at risk of sexual harassment and abuse. The information available on this predominantly suggests that no account is taken of age and therefore, the effect on adolescents who are not yet physically, mentally or emotionally mature is not taken into consideration. -------------------------------------------------------------------- Convenor : International Federation Terre des Hommes, 31 chemin Frank-Thomas, CH-1208 Geneva, Tel: +41.22. 736.33.72+ Fax: +41.22. 736.15.10+ E-mail intl- [email protected] (b) More generally the appropriateness of the application of military law, punishment and discipline to minors in the armed forces has yet to be considered seriously. The same issue arises in relation to children in schools and other institutions run by or under the control of the armed forces, to whom military law, punishment and discipline may also apply. Since the armed forces are a state institution, these are children in the care of the State. 2. Violence against children in the context of law and order concerns: There are two distinct categories of law and order concerns which the NGO Sub-Group would like to raise under this sub-theme: (a) Children in the armed forces are subjected to a different legal regime than that applicable to other children. Both the provisions of military law, and the applicable procedures, penalties and safeguards for juveniles under it, should be reviewed to ensure their compatibility with the provisions and principles of the Convention on the Rights of the Child and international standards of juvenile justice. (b) Faced with internal disturbances, internal strife or internal armed conflict, governments often introduce special legislation – emergency legislation, national security laws, martial law, anti-terrorism legislation – designed to provide greater powers to the police or security forces. These are also situations in which children are at risk of becoming involved with opposition groups (whether or not armed), whether voluntarily or by coercion or compulsion, or are perceived as doing so. In such circumstances, governments also have a tendency to lower the age of criminal responsibility. There is, therefore, a particular need for protection for child and juvenile suspects under such laws. However, it is unclear that such protections are included. All such laws should, therefore, be reviewed to ensure their compatibility with the Convention on the Rights of the Child and international juvenile justice standards.

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