A written contribution to the Committee on the Rights of the Child, Day of General Discussion on State violence against children

Summary: This paper identifies some aspects of
national legal systems that sanction
violence against children as well as
identifying violence applied in
contravention of existing rules and
legislation. It also suggests policy
changes needed, and presents
programmes for approaching the
issue of State violence against
children.

1 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 Save the Children Sweden 2 A written contribution to the Committee on the Rights of the Child, Day of General Discussion on State violence against children, the 22 September, 2000. The Committee on the Rights of the Child has stated its interest in investigating the nature and degree of violence that children are exposed to in the context of legal and public order systems. This paper identifies some aspects of national legal systems that sanction violence against children as well as identifying violence applied in contravention of existing rules and legislation. It also suggests policy changes needed, and presents programmes for approaching the issue of State violence against children. Introducing aspects of State violence. Violence sanctioned by national legal systems. Incarceration in institutions The fact that societies of today incarcerate young children due to behaviour that is related to socio-economic factors such as begging or vagrancy is, in itself, a grave violation of a child's rights and contrary to the best interests of the child. Separating a child from his or her family, or social network, and placing him or her in a closed institution is an act of violence that increases a child's vulnerability and exposure to abuse. Corporal punishment Research by Save the Children Sweden concludes that children are still being sentenced to corporal punishment in violation of articles 19 and 37 in the Convention on the Rights of the Child, in spite of the fact that the countries involved have signed the Convention. The violence to which children are exposed in contravention of the national legal system. In general, the legal frameworks found in most countries apply the Convention of the Rights of the Child. The main problem is the lack of implementation of the law and regulations. According to Save the Children Sweden research, children are most vulnerable in the initial stage of the investigation, in their contact with the police and at the police stations, where reports tell of physical and sexual abuse, and of cruel, degrading and inhuman treatment of boys and girls. Children with a week social security network are most vulnerable to abuse in the hands of the police because they lack the support of the community or parent, and seldom have access to legal aid. A major problem is the great number of children who are detained awaiting trial, for months and in some cases even years. During this period they are often placed together with adults and are extremely vulnerable to abuse. Their legal rights are also restricted when they are in detention, which aggravates the negative effects of such incarceration. Children's access to legal aid is limited and the quality of such aid is often low, which also increases the vulnerability of children who are in conflict with the law. Experience drawn from interviews with boys and girls staying at reformatory schools or remand homes showed that violence between children in institutions is widespread, but not dealt with by the 3 guards and prison administration. Hierarchies among the children build on repression and violence, which may assist the guards in keeping order but leave the children extremely vulnerable to abuse. The majority of cases of children who have come into conflict with the law are settled in parallel justice systems and not within the approved national jurisdiction. These systems can be “child friendly” in the sense that the cases are handled within the community, avoiding incarceration and disruption of the children's lives and separating them from their families or group belonging. However, there is research indicating that the use of corporal punishment and psychological repression is sanctioned as means of punishment in parallel systems outside the approved national legislation. Suggestions on policies and programmes at national and local level to prevent and reduce State violence against children. Promote policy changes that lead to diversion away from the criminal justice system and that promote non-custodial sentences. Promote legal reform decriminalising so-called “antisocial” behaviour such as “streetism”, begging and vagrancy. Promote a comprehensive analysis of the gap between national legislation and it’s inadequate implementation in order to identify measures to be taken to bridge the gap in the form of funds, institutional development, capacity building, etc. Example from the Save the Children Sweden Programme. In Ethiopia, Save the Children Sweden and Save the Children Norway are supporting a juvenile justice programme in co-operation with, among others, the Federal Supreme Court of Ethiopia, the Ministry of Justice, the Ministry of Labour and Social Affairs and the Addis Ababa City Administration Police Commission, which is aimed at improving existing modes of operation and the institutional linkage between the judiciary, the police and reformatory organisations in dealing with children in conflict with the law. The long term objective of the project is to reform the juvenile justice system to adequately protect the rights of children and to develop organisational structures and specialized capacity for the realisation of such a reform. Promote institutionalised monitoring routines at the different levels of the judicial system in order to attain transparency throughout the system. Example from Save the Children Sweden Programme. In Ethiopia Save the Children Sweden and Save the Children Norway have supported the development of a child protection programme in Addis Ababa that is run by a non-governmental organisation: Forum on Street Children Ethiopia. The programme includes a co-operation with the Addis Ababa Police Commission, and has evolved around ten police stations and their surrounding communities. The objective of the programme has been to enable the ten police stations to improve their treatment of children both at the police station as well as on the streets, and to develop a system of alternative treatment of young offenders within the community instead of custodial treatment. The project has resulted in a decrease in number of children detained, and an attitudinal change among the police officers, resulting in a better treatment of the children. The collaboration with the local communities has raised awareness among both the police and the community of the situation for children at risk. 4 Promote capacity building and change of attitude. State violence against children is just as much a consequence of lack of knowledge of child rights as of negative attitudes towards children in conflict with the law. Extensive training programmes for professionals are essential in order to promote an attitudinal change and to increase their knowledge of international standards as well as national regulations governing their decision-making and day-to-day behaviour towards children in conflict with the law. Save the Children Sweden has supported the introduction of child rights training into the curriculum at the Police Academies in Vietnam, Nicaragua and El Salvador, and supported an extensive training programme for police officers in South America. Recommendations to the Committee on the Rights of the Child. Save the Children Sweden would like to raise awareness concerning the gap between the national legislation and the implementation of the rights of children in conflict with the law. There is a great need to Ÿ put pressure on States to present an analysis which focuses on existing gaps between national law and its implementation in order to identify areas for improved protection of children in conflict with the law. Ÿ encourage States to follow the recommendations made by this Committee in relation to children in conflict with the law, and put pressure on States to request the assistance offered by the UN system. The Committee may assist by developing channels for such requests.