Violence Against Children WORLD REPORT on VIOLENCE AGAINST CHILDREN

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WORLD REPORT ON VIOLENCE AGAINST CHILDREN

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Paulo Sérgio Pinheiro Independent Expert for the United Nations Secretary-General’s Study on Violence against Children WORLD REPORT ON VIOLENCE AGAINST CHILDREN

Paulo Sérgio Pinheiro Independent Expert for the United Nations Secretary-General’s Study on Violence against Children

Published by the United Nations Secretary-General’s Study on Violence against Children The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations or the regional consultation partners concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. The Study Secretariat welcomes requests for permission to reproduce and translate this book in part or in full. Applications and enquiries should be addressed to the Ofﬁce of The High Commissioner for Human Rights, United Nations Children’s Fund, and the World Health Organization which will be glad to provide the latest information on any changes made to the text. Designed by the United Nations Publishing Services (UN Geneva) and Services Concept (www.services-concept.ch) Printed in Geneva, Switzerland by ATAR Roto Presse SA This book may also be consulted and downloaded on the following websites: http://www.violencestudy.org http://www.ohchr.org http://www.unicef.org http://www.who.int

ISBN-10 92-95057-51-1 ISBN-13 978-92-95057-51-7 CONTENTS Acknowledgements V Preface XI Foreword XIII Message from the NGO Advisory Panel XV The Imperative to End Violence against Children XVII 1. An end to violence against children 1 Introduction 3 Making a real difference 3 Prevention is the key 6 A global problem 6 Principles and recommendations 17 Overarching recommendations 18 III Implementation and follow-up 24 References 26 2. Violence against children and international human rights law and standards 29 Introduction 31 The Convention on the Rights of the Child 32 International criminal, humanitarian, refugee and labour law 37 Regional human rights systems 38 Non-binding instruments 39 References 42 3. Violence against children in the home and family 45 Introduction 47 Human rights instruments 48 Background and context 50 Nature and extent of the problem 50 The consequences of violence against children 63 Factors contributing to violence 66 Responses to violence against children in the home and family 73 Recommendations 92 References 96 4. Violence against children in schools and educational settings 109 Introduction 111 Human rights instruments 113 Background and context 115 Nature and extent of the problem 115 Impacts of violence at school 128 Factors contributing to violence 131 Responses to violence against children in schools and educational settings 136 Recommendations 153 References 157 5. Violence against children in care and justice institutions 171 Introduction 175 Human rights instruments 177 Background and context 178 Factors contributing to violence in institutions 180 Children in institutional care 183 Children in custody and detention 190 Other children in State custody 201 IV Responses to violence against children in care and justice institutions 203 Recommendations 216 References 220 6. Violence against children in places of work 231 Introduction 233 Human rights instruments 234 Background and context 238 Nature and extent of the problem 241 Factors contributing to violence 251 Responses to violence against children in places of work 253 Recommendations 268 References 271 7. Violence against children in the community 283 Introduction 285 Human rights instruments 286 Background and context 286 Nature and extent of the problem 287 Factors contributing to violence 301 Responses to violence against children in the community 317 Recommendations 335 References 339 8. The way forward 353 Annex 357 ACKNOWLEDGEMENTS The World Report on Violence against Children has beneﬁted from the support of many institutions and friends. I acknowledge with thanks the many organisations, experts, authors, peer reviewers, advisers, consultants, volunteers, interns and the Study Secretariat, whose commitment and dedication have made this book possible.

The Coordinating Committee The three coordinating entities of the Study: the Ofﬁce of the High Commissioner for Human Rights (OHCHR), the United Nations Children’s Fund (UNICEF) and the World Health Organization (WHO). The heads of these entities, and their predecessors: Louise Arbour, the United Nations High Commissioner for Human Rights, Mary Robinson and the late Sérgio Vieira de Mello, and Mehr Khan Williams, Deputy High Commissioner for Human Rights; Ann M. Veneman, UNICEF Executive Director and Carol Bellamy, and Rima Salah, Deputy Executive Director, the late Lee Jong-wook, former Director-General of V WHO, Anders Nordström, the acting Director-General, and Catherine Le Galès-Camus, Assistant Director-General. I also thank the staff of these organisations, in particular; Karin Lucke, Krista Oinonen and Maja Andrijasevic-Boko at OHCHR; Gopalan Balagopal, Stella Schuhmacher and Andres Guerrero at UNICEF; Alexander Butchart and Alison Phinney Harvey at WHO.

Human rights treaty bodies and mechanisms The members of the Committee on the Rights of the Child, members of other human rights Treaty Bodies, and my colleagues the mandate holders of the special procedures mechanisms of the Council on Human Rights (and former Commission on Human Rights).

I also thank national human rights institutions, including ombudspersons and commissioners for children.

Other United Nations and international organisations The Inter-Agency Group on Violence against Children – in addition to the above, the United Nations Educational, Scientific and Cultural Organisation (UNESCO), in particular Linda King and Paolo Fontani; the International Labour Office (ILO); the Office of the United Nations High Commissioner for Refugees (UNHCR), in particular Ngonlardje Mbaidjol, Ron Pouwels, Eva Ahlen, and Christoph Bierwirth; the United Nations Office on Drugs and Crime (UNODC), in particular Sumru Noyan and Anna Giudice; the United Nations Development Programme (UNDP); the joint United Nations Programme on HIV/AIDS (UNAIDS); the United Nations Department of Public Information (UNDPI); the United Nations Information Service, the Division for the Advancement of Women (DAW); the United Nations Population Fund, (UNFPA); the United Nations Development Fund for Women (UNIFEM); the United Nations Fund for International Partnerships (UNFIP), in particular Kimberly Gamble-Payne; the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA); UNICEF Innocenti Research Centre; the World Bank; the Inter-Parliamentary Union; and the International Committee of the Red Cross; the Indian Ocean Observatory; the European Commission Daphne Programme.

The Editorial Board Shirin Aumeeruddy-Cziffra, Nancy Baron, Jo Becker, Susan Bissell, Alexander Butchart, Nancy Cardia, Jane Connors, Jaap Doek, Amaya Gillespie, Savitri Goonesekere, Hani Jahshan, Maria Francisca Ize-Charrin, Etienne Krug, Karin Landgren, Charlotte McClain-Nhlapo, VI Jim Mercy, Peter Newell, Alison Phinney Harvey, Frans Roselaers, Marta Santos-Pais. Invited Experts Assefa Bequele, Ragne Birte Lund, Maud de Boer-Buquicchio, Anees Jillani, Moushira Khattab, Thoko Majokweni, Vitit Muntarbhorn, Phillip O’Brien, Juan Miguel Petit.

Contributing authors Kevin Browne, Fatuma Chege, Luke Dowdney, Alexander Fyfe, Deborah Gorman-Smith, Changu Mannathoko, Claudia Mitchell, Carmen Madrinan and Deborah Muir, Moncef Moalla, Yoshie Noguchi, Teija Vallandingham, and the many peer reviewers internationally. Publication development Maggie Black, lead writer; Andrew Wilson, writer and editor; Stuart Adams, support writer; Anne Schreier-Audoire, copy editor; Michelle Siegel and colleagues, UNICEF, design; Sophie Combette, and Services-Concept, design and lay-out.

Research Advisory Group Gareth Jones(lead expert), Patrick Belser, Jeroo Bilimoria, Joan Durrant, Michaelle de Cocke, Michael Dunne, Claudia Garcia-Moreno, Henrica Jansen, Chen Jinqui, Jack Jones, Ingrid Leversen, the International Society for the Prevention of Child Abuse and Neglect colleagues (ISPCAN), Doris Ma Fat, Dipak Naker; Sami Nevala, Leanne Riley, Oddrun Samdal, Kenji Shibuya. I would like to thank the generous support for my research work that I have received from 2003 to 2006 from the Center for the Study of Violence, University of São Paulo, NEV/ CEPID/USP and the São Paulo State Foundation for the Support of Research, (FAPESP), Brazil; the Conselho Nacional de Desenvolvimento Cientíﬁco e Tecnológica (CNPq), the Centre de Recherches sur le Brésil Contemporain (CRBC); École des Hautes Études en Sciences Sociales, Maison des Sciences de l’Homme and the Chaire Brésilienne de Sciences Sociales Sérgio Buarque de Holanda, Paris, and the Watson Institute for International Studies, Brown University, USA.

Donors The Governments of Belgium, Canada, Finland, France, Germany, Luxembourg, Monaco, Norway, Sweden, and the United Kingdom. Private sector partners: The Oak Foundation; The Body Shop; Microsoft Corporation. VII The nine regional steering and planning committees and the host Governments for the regional consultations, sub-regional and national consultations Latin America Regional Consultation, Buenos Aires, Argentina North America Regional Consultation, Toronto, Canada Middle East and North Africa Regional Consultation, Cairo, Egypt Pacific Island Nations Sub-regional Consultation, Suva, Fiji Indian Ocean Island Nations Sub-regional Consultation, Antananarivo, Madagascar West and Central Africa Regional Consultation, Bamako, Mali South Asia Regional Consultation, Islamabad, Pakistan Europe and Central Asia Regional Consultation, Ljubljana, Slovenia Eastern and Southern Africa Regional Consultation, Johannesburg, South Africa East Asia and the Pacific Regional Consultation, Bangkok, Thailand Caribbean Regional Consultation, Port of Spain, Trinidad and Tobago Regional bodies The African Union, in particular its African Committee of Experts on the Rights and Welfare of the Child; the Caribbean Community (CARICOM); the Council of Europe, particularly the Deputy Secretary-General of the Council and the European Commissioner for Human Rights; the European Union, in particular, the Personal Representative of the Secretary-General on Human Rights; the League of Arab States; the Organization of American States and, in particular, its Inter-American Commission on Human Rights; and the South Asian Association for Regional Cooperation. Children and young people The children and young people, and youth facilitators who have been involved in the Study process since the very beginning. Their contributions, hope, strength and energy have been extremely valuable in ensuring that their message, essential for future generations, would continue to be heard loud and clear. VIII The NGO Advisory Panel for the UN Secretary-General’s Study on Violence against Children Jo Becker (co-chair), Human Rights Watch; Melanie Gow (co-chair), World Vision International, Australia; Mary Beloff, Center of Legal and Social Studies on Childhood and Youth, Argentina; Carol Lynn Bower, Resources Aimed at the Prevention of Child Abuse and Neglect (RAPCAN), South Africa; Luke Dowdney, Viva Rio, Brazil; Joseph Gathia, Centre of Concern for Child Labour, India; Dilyana Giteva, Human Rights Project, Bulgaria; Stuart Hart, International School Psychology Association (ISPA) and the International Institute for Child Rights and Development (IICRD), United States; Séverine Jacomy, Focal Point Sexual Exploitation of Children, Switzerland; Elizabeth Jareg, International Save the Children Alliance, Norway; Dr. Hasson Qasem Khan, Yemen Psychological Association, Yemen; Ellen Mouravieff-Apostol, International Federation of Social Workers, Switzerland; Najat M’jid, BAYTI, Morocco; Virginia Murillo Herrera, Defense for Children International, Costa Rica; Peter Newell, Global Initiative to End all Corporal Punishment of Children, United Kingdom; Millie Odhiambo, Child Rights Advisory Documentation and Legal Center (CRADLE), Kenya; Anastasia Pinto, Centre for Organization Research and Education/World Coalition for Indigenous Children and Youth, India; Elizabeth Protacio-de Castro, Program on Psychosocial Trauma and Human Rights, Center for Integrative and Development Studies, University of the Philippines, Philippines; Rakesh Rajani, Haki Elimu, Tanzania; Marcellina Mian, Kimberly Svevo, Barbara Bonner (ISPCAN); Washeila Sait, Disabled Children’s Action Group, South Africa; Dick Sobsey, Inclusion International, The Canadian Association for Community Living, The JP Das Developmental Disabilities Centre at the University of Alberta, Canada; Liliana Ines Tojo, Center for Justice and International Law (CEJIL), Brazil; Marie Wernham, Consortium for Street Children, United Kingdom. Other NGOs, civil society and academic institutions Veronica Yates, Isabelle Guitard and Jenny Thomas at the Child Rights Information Network; Lena Karlsson, Roberta Cecchetti, Ravi Karkara, and colleagues at Save the Children; the National Committees of UNICEF; Desmond Runyan (ISPCAN); Carmen Madrinan, End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT); Christine Bloch, Women’s Commission for Refugee Women and Children; Miquel Paladella, Global Movement for Children; Jim Cairns, World Conference of Religions for Peace; the National Council for Childhood and Motherhood, Egypt; Annemarie Schlack, SOS Children’s Villages; Plan International; Rachel Brett, Quaker UN Office; Areti Sianni, Amnesty International; Dina Abousamra, Norwegian Refugee Council; Maria Amélia Azevedo e Viviane Nogueira de Azevedo Guerra, Laboratorio de Estudos da Crianca (LACRI); Musimbi Kanyoro, World YWCA and the International Alliance of Youth CEOs; IX Bartholomew Shaha and Jenny Aris World Alliance of YMCAs; Ibrahim Osman, International Federation of Red Cross and Red Crescent Societies; Gillian Shirazi, International Award Association; Lesly Bulman, World Association of Girl Guides and Girl Scouts; Eduardo Missoni, World Organization of the Scout Movement; Nora Groce of Yale University School of Public Health, Michael Dunne et al of Queensland University of Technology. The Study Secretariat The Director, Amaya Gillespie, and colleagues, Marcelo Daher (my principal assisant), Esther van der Velde, Imma Guerras, Teizu Guluma, Alexandra Scolari, Véronique Taveau, Sunita Grote, Helen Moestue, June Kane, Phyllis Ressler, Susan Fountain, and other consultants and interns. X PREFACE Violence against children cuts across boundaries of geography, race, class, religion and culture. It occurs in homes, schools and streets; in places of work and entertainment, and in care and detention centres. Perpetrators include parents, family members, teachers, caretakers, law enforcement authorities and other children. Some children are particularly vulnerable because of gender, race, ethnic origin, disability or social status. And no country is immune, whether rich or poor. The consequences of violence can be devastating. Above all, it can result in early death. But even children who survive must cope with terrible physical and emotional scars. Indeed, violence places at risk not only their health, but also their ability to learn and grow into adults who can create sound families and communities. Violence against children is thus a major threat to global development and our work to reach the Millennium Development Goals. We will not achieve universal primary education unless children are safe in school. The spread of HIV/AIDS will not be halted until we also stop the XI violence against girls that helps to fuel the pandemic. Violence against children is also a major obstacle to gender equality. The impact of violence against children is fully and persuasively documented in the United Nations Study that is the subject of this book. The Study also outlines what must be done to confront this challenge. In that effort, States bear primary responsibility for preventing and responding to violence against children, and for upholding the Convention on the Rights of the Child and other treaties, which guarantee girls and boys everywhere the right to live their lives free from violence. There must be action in all sectors – from health and education to labour and justice – and at all levels, local, national and international. But civil society groups and individual citizens also have important roles to play. The UN family, for its part, remains strongly committed to this work. Violence against children is never justifiable. Nor is it inevitable. If its underlying causes are identified and addressed, violence against children is entirely preventable. This book and Study should help to improve our understanding of the problem, and help us devise strategies to confront it. I therefore commend the contents to a wide global audience.

Kofi Annan United Nations Secretary-General October 2006 XII FOREWORD The World Report on Violence against Children is the outcome of the first comprehensive global attempt to describe the scale of all forms of violence against children and its impact. Violence is a problem that calls for a multisectoral response. This report approaches the issue from the combined perspectives of human rights, public health and child protection. The participatory processes which led to this report brought together the experience of Governments, international organisations, civil society organisations, research institutions and children. This rich collaborative effort has generated expectations of renewed action. Now, that action is urgently needed. The Convention on the Rights of the Child forms an international basis for ensuring the rights and protection of children. Yet, in every country of the world, there are children who continue to fear and experience violence. The repercussions of that violence can continue throughout their lives, influencing their development, their behaviours and their health. XIII This report asserts that no violence against children is justifiable and all forms of violence are preventable. The commitments made at international and national levels and the accumulated knowledge described in this report give us the necessary tools to protect children from violence, to prevent it from happening in the first place, and to mitigate the consequences. The World Report on Violence against Children must lead to lasting change. All of us share the responsibility to implement it.

Louise Arbour Ann M. Veneman United Nations High Commissioner Executive Director for Human Rights United Nations Children’s Fund Ofﬁce of the United Nations High Commissioner for Human Rights

Anders Nordström Acting Director-General World Health Organization XIV MESSAGE FROM THE NGO ADVISORY PANEL TO THE UNITED NATIONS SECRETARY-GENERAL’S STUDY ON VIOLENCE AGAINST CHILDREN NGOS’ COMMITMENT TO THE STUDY AND ITS FOLLOW-UP

This Study brings to the attention of the highest level of the United Nations the horrific scale of all forms of violence suffered by girls and boys at the hands of adults throughout the world. The Study process and outcome are also an affirmation of the involvement and capacity of children. Children have been engaged in the Study to an unprecedented degree. Their presence, their humanity, input and commitment have enriched every aspect of the Study. Children’s hopes and expectations demand that States act now with real urgency to fulfil their obligations to children as rights-holders. Not only Governments, but individual adults throughout the world must accept, finally, the core message of the Study: that no violence against girls and XV boys is justifiable, and that all violence against them is preventable. All violence against children is a violation of their equal human right to respect for their human dignity and physical integrity. Non-governmental organisations (NGOs) – international, regional and national – have been involved from the very beginning of the process. Working with UN and other agencies, NGOs have facilitated and supported the involvement of girls and boys at national, regional and international level. NGOs, often working directly with children and young people, have documented the types and frequency of violence against children, including the shameful fact that in 2006 so much of it still remains lawful and State-authorised – endorsed and administered by those responsible for children’s upbringing, care, welfare and education. NGOs have also demonstrated and promoted positive programmes and interventions – ways forward towards a world in which all violence against children is condemned and eliminated. The NGO Advisory Panel, set up to support the Study and expanded to include children and youth members, and the Sub-Group on Children and Violence of the NGO Group for the Convention on the Rights of the Child, have been fully consulted and involved in the preparation of the Study outcomes.1 The UN Secretary-General’s Study must generate a living process that starts rather than ends with the submission of the report to the General Assembly and the publication of this book. NGOs are ready and willing to continue and collaborate in this process. We believe that it should be led and coordinated by a Special Representative of the Secretary-General on Violence against Children who must, reflecting the Study process, engage directly with children as partners. Children have underlined with passion the urgency of stopping all this violence; Paulo Sérgio Pinheiro has responded by setting essential time-bound targets for Governments, which bear the primary obligation to prevent violence and respond. We will work together with Governments to meet these targets, and in particular: • to ensure that all currently lawfully accepted violence against girls and boys, including all corporal punishment, all harmful traditional practices, and all sexual violence, is prohibited and also effectively eliminated through awareness raising and public education; • to support the development of a multi-faceted and systematic framework to respond to violence against children, fully integrated within national planning processes. Finally, we would like to express our thanks to Paulo Sérgio Pinheiro, who has led the Study process in an open and participatory fashion, travelled tirelessly and proved himself to be an attentive and responsive listener to children.

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1 Members of the Sub-Group on Violence of the NGO Group for the Convention on the Rights of the Child include: African Child Policy Forum; Arigatou Foundation; ECPAT International; Friends World Committee for Consultation; Global Initiative to End All Corporal Punishment of Children; Human Rights Watch; International Alliance of Women; International Catholic Child Bureau (ICCB/BICE); International Council of Women; International Federation of Social Workers ; International Federation Terre des Hommes; International Save the Children Alliance; Jesuit Refugee Service; Plan International; Resources Aimed at the Prevention of Child Abuse and Neglect – RAPCAN; SOS-Kinderdorf International; World Organisation Against Torture (OMCT); WWSF Women’s World Summit Foundation; World Union of Catholic Women’s Organisations; World Vision International. THE IMPERATIVE TO END VIOLENCE AGAINST CHILDREN The World Report on Violence against Children is not an individual achievement nor the work of just one office, but the result of a genuine and lively participatory process, involving Governments, international entities, civil society and children. Over the last three years I have had the privilege of learning from the testimony of thousands of adults and children from all regions of the world. Their commitment to the protection and promotion of children’s rights has been the driving force behind the development of the United Nations Secretary-General’s Study on Violence against Children, and this book which elaborates on the ‘Study’. The Study confirms that violence against children happens in all parts of the world. In the course of the Study process, though, I have witnessed the efforts of many civil society organisations that strive ceaselessly at local and international levels to ensure the protection of children. We must be inspired by the strength of those in the field who are confronted with very difficult conditions XVII on a daily basis and who have extremely creative approaches for reducing children’s exposure to violence and advocating for their rights. Another promising element of the Study process has been the great interest of Governments all over the world to address the issue of violence against children. As of September 2006, I had received a total of 136 responses to the questionnaire I sent to Governments as I prepared my report. Their responses do not deny the pervasiveness of violence. This recognition of violence, and the open involvement of Governments, are important steps towards putting into practice the commitments States made when they ratified the United Nations Convention on the Rights of the Child. The collaboration of the Office of the High Commissioner for Human Rights, the United Nations Children’s Fund and the World Health Organisation in developing the Study was crucial in recognising the multi-faceted nature of violence against children and the need for a coopera- tive, multidisciplinary approach to addressing it. The Study also benefited from the substantial contributions of research centres and experts working in very different fields such as criminal justice, public health, education, public security and human rights. This is in itself a reminder that making a real and lasting difference in the lives of children requires all sectors to work together and to coordinate their efforts. The preparation of a Study with such global dimensions was only possible through mobilisation of a formidable network of organisations and programmes around the world. United Nations entities played a leading role in promoting this participatory process, in partnership with Gov- ernments and civil society, and especially through the national, subregional and regional consultations that were facilitated by UNICEF offices and various partners. This broad process of consultation was the key strategy that ensured that the final recommendations in this report are firmly anchored in the reality of children’s lives at country level. Some forms of violence, such as sexual exploitation and trafficking and the impact of armed conflict on children, have provoked international condemnation over the past decade. The recognition of these extreme situations has helped to bring children’s concerns high on the international agenda. However attention to violence against children in general continues to be fragmented and very limited – different forms of violence in the home, schools, institutions and the community are largely ignored in current debates in the international community. Family units are the best providers of physical and emotional care for children. Schools have a fundamental role in ensuring the development of children’s potential while protecting them. But it is Governments that have the responsibility to build a solid legal framework and to provide the support needed by families, schools and communities to adequately fulfil their role. XVIII Appropriate legal frameworks are vital to ending violence against children, but preventing and responding to violence does not mean adopting unilateral, tough or repressive measures. More- over, if these measures violate the rights of any group of citizens, they are never going to be effective. This is particularly serious when countries face the challenges of growing levels of violence and crime. If Governments are committed to ensuring safety, it is clear that this is not going to be achieved by locking up adolescents under appalling conditions, by condoning the use of violence by agents of the State, or by weakening civil and political rights. This Study demonstrates that effective responses to violence involve comprehensive efforts, combining long-term investment in prevention, challenging attitudes which condone or support violence, reliable data collection, and improving the functioning of State institutions and ensuring accountability. As Nelson Mandela has reminded us, violence thrives in the absence of democracy and respect for human rights. Violence against children persists as a permanent threat where authoritarian relationships between adults and children remain. The belief that adults have unlimited rights in the upbringing of a child compromises any approach to stop and prevent violence committed within the home, school or state institution. For lasting change, attitudes that condone or normalise violence against children, including stereotypical gender roles, need to be challenged, Our failure to listen to children has resulted in a failure to respond to their needs. It is hard to understand why and how adults can continue to argue that children should have less protection from violence than adults do: in law, in policy and in practice. I sincerely hope that this Study will be a watershed in ending the double standards and compromises that have existed for far too long. Throughout the Study, children’s voices were listened to, heard, and respected. They asserted their right to protection from all forms of violence, and their desire to enjoy that right without delay. Their testimonies describing the harm they experience as a result of violence, and their distress that many adults continue to accept and approve of it must prompt us to live up to our principles, and to practise what we preach. We must act now to end children’s scepticism about adult promises. Children are tired of being told they are the future. They want to see us fulfil our promises in the present, and enjoy their right to be protected from violence today.

Paulo Sérgio Pinheiro Geneva, Fall 2006

XIX UNICEF/HQ 05-1826. Giacomo Pirozzi

Ukraine, 2005, Artem, 14, sits on a wall outside ‘Way Home’, a shelter in the port city of Odessa. Artem arrived at the shelter three months ago after living for two years on the streets. h eattn mato ilne13 of violence impact devastating The ikfcosadpoetv atr 12 11 10 protective factors and factors Risk of problem the scale and Range children of violenceHidden against dimensions etnsi hc ilneocr 7 violence which occurs in Settings References follow-up and Implementation recommendations Overarching recommendations and Principles problem A global key the is Prevention difference areal Making Introduction nentoa ee 25 24 International level level regional and National VIOLENCE AGAINST CHILDREN AN END TO 1 24 26 18 17 6 3 3 6

AN END TO VIOLENCE AGAINST CHILDREN 1 2 AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN “The children must, at last, play in the open veldt, no longer tortured by the pangs of hunger or ravaged by disease or threatened with the scourge of ignorance, molestation and abuse, and no longer required to engage in deeds whose gravity exceeds the demands of their tender years.” Nelson Mandela, Nobel Peace Prize Laureate 1

INTRODUCTION There can be no compromise in challenging violence against children. Children’s uniqueness The full range and scale of all forms of – their human potential, their initial fragility violence against children are only now becom- and vulnerability, their dependence on adults ing visible, as is the evidence of the harm it for their growth and development – make an does. This book documents the outcomes and unassailable case for more, not less, investment recommendations of the process of the United in prevention and protection from violence. Nations Secretary-General’s Study on Violence against Children. In recent decades some extreme forms of violence against children, including sexual ‘The Study’ is the first comprehensive, global exploitation and trafficking, female genital study on all forms of violence against children. mutilation (FGM), the worst forms of child It builds on the model of the study on the labour and the impact of armed conflict, have impact of armed conflict on children, prepared provoked international outcry and achieved by Graça Machel and presented to the Gen- a consensus of condemnation, although no 3 eral Assembly in 1996, and follows the World rapid remedy. But in addition to these extreme Health Organization’s 2002 World Report on forms of violence, many children are routinely Violence and Health.1 exposed to physical, sexual and psychological violence in their homes and schools, in care The Study is also the first United Nations and justice systems, in places of work and in (UN) study to engage directly and consistently their communities. All of this has devastating with children, underlining and reflecting chil- consequences for their health and well-being, dren’s status as rights holders, and their right now and in the future. to express views on all matters that affect them and have their views given due weight. MAKING A REAL

The central message of the Study is that no DIFFERENCE CHILDREN AGAINST VIOLENCE TO END AN violence against children is justifiable, and all A number of linked and profound develop- violence against children is preventable. The ments suggest that the process and outcomes Study reveals that in every region, in stark of the Study are timed to make a real differ- contradiction to States’ human rights obli- ence to the status and lives of children. gations and children’s developmental needs, much violence against children remains legal, First, recognition of human rights obliga- State-authorised and socially approved. The tions to eliminate violence against children Study aims to mark a definitive global turning has intensified with the adoption and almost point: an end to the justification of violence universal ratification of the Convention of the against children, whether accepted as ‘tradi- Rights of the Child (CRC). The latter under- tion’ or disguised as ‘discipline’. lines children’s status as rights holders. Yet, as “Children are not mini-human beings with mini-human rights. But as long as adults continue to regard them as such, violence against children will persist.” Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe

MANDATE AND SCOPE OF THE STUDY

In 2001, on the recommendation of the Committee on the Rights of the Child, the General Assembly in its resolution 56/138 requested the Secretary-General to conduct an in-depth study on the question of violence against children and to put forward recommendations for consideration by Member States for appropriate action. In February 2003, I was appointed by the UN Secretary-General to lead this Study. The Study adopts the definition of the child as contained in article 1 of the Conven- tion on the Rights of the Child (CRC): “every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier.” The definition of violence is that of article 19 of the CRC: “all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.” It also draws on the definition in the World Report on 4 Violence and Health (2002): “the intentional use of physical force or power, threatened or actual, against a child, by an individual or group, that either results in or has a high likelihood of resulting in actual or potential harm to the child’s health, survival, development or dignity.”2 In my capacity as Independent Expert, I submitted a report to the UN General Assem- bly, and this book is intended to complement that report. Child-friendly materials have also been produced. This book elaborates on the five different settings where violence against children occurs: the family, schools, alternative care institutions and detention facilities, places where children work, and in their communities. It does not address the issue of children in armed conflict, as this is in the mandate of the Special Representa- tive of the Secretary-General for Children and Armed Conflict, but it considers related AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN issues, such as violence against child refugees and other displaced children. The Study and its secretariat in Geneva were supported by three UN entities: the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Children’s Fund (UNICEF), and the World Health Organization (WHO), and were also informed by a multidisciplinary Editorial Board of experts. “We have to wipe their tears and transform their gloomy faces into happy ones. We have to kindle the flame of hope and a better tomorrow in them.” The First Lady of Pakistan, Begum Sehba Pervez Musharraf, 2005 I 1

the Study reveals, despite this broad accep- has given new urgency to prevention. Until the tance of the CRC, children in almost all States 1960s there was no significant acknowledge- are still waiting for full recognition of respect ment, even among professionals, of the extent for their human dignity and physical integrity, of death, rape and injuries inflicted on children and for adequate investment in actions to pre- by parents and those who have a duty of care vent all forms of violence against them. or are in positions of trust. The problems of violence against children in schools and other Second, children themselves are speaking settings had also only been given scant atten- out on this issue and beginning to be heard tion until recent decades. and taken seriously. Children have testified at the nine Regional Consultations held in Significantly, the expansion of research in the connection with the Study about the routine neurobiological, behavioural and social sci- violence they experience, in their homes and ences has generated a much deeper understand- families and also in schools, other institutions ing of the significance of childhood experiences and penal systems, in places of work, and in to the development of the brain and the cen- 5 their communities. Violence against children tral role of early relationships in healthy brain exists in every State and cuts across boundar- development.3 This research clearly indicates ies of culture, class, education, income, ethnic the importance of the child’s positive bond or origin and age. Throughout the Study pro- attachment to parents; it demonstrates that cess, children have consistently expressed the when protective relationships do not exist, expo- urgent need to stop all this violence. Children sure to stress in the form of violence can disrupt testify to the hurt – not only physical, but the developing nervous and immune systems, ‘the hurt inside’ – which this violence causes leading to greater susceptibility to physical and them, compounded by adult acceptance, even mental health problems. Thus, the opportu- approval of it. nity to prevent violence against children prom-

Governments need to accept that this is indeed ises to address a host of longer-term problems CHILDREN AGAINST VIOLENCE TO END AN an emergency, although it is not a new emer- that impose a substantial social and economic gency. Children have suffered violence at the burden on the nations of the world. hands of adults unseen and unheard for cen- Fourth, there is increased recognition that the turies. But now that the scale and impact of prevention of violence against children requires violence against children is becoming visible, cooperation and collaboration among many they cannot be kept waiting any longer for partners. In effect, preventing and responding to the effective protection to which they have an unqualiﬁed right. violence against children should be everybody’s business. The Study has beneﬁted from collabo- Third, growing recognition of the impact of ration between UN agencies addressing human violence on the mental and physical health and rights, child protection and public health, and well-being of children throughout their lives from input from a very broad range of sectors. “There is a large gap between what we know about violence against children and what we know should be done. We know that violence against children often causes lifelong physical and mental harm. We also know that violence erodes the potential for children to contribute to society by affecting their ability to learn and their social and emotional development. Given the importance of children to our future the current complacency cannot continue – we must place “preventing” violence against children among our highest priorities.” James A. Mercy, Editorial Board of the UN Secretary-General’s Study on Violence against Children

No longer can different professions afford to and the underlying economic and social con- address this problem while working in isolation. ditions associated with violence. Public health, criminal justice, social services, education, human rights organisations, media As the Report of the United Nations Secretary- and businesses – all have a common interest in General’s Study on Violence against Children notes: “The core message of the Study is that eliminating violence against children, and can no violence against children is justifiable; all find more efficient and effective ways to achieve violence against children is preventable. There this goal by working together. should be no more excuses. Member States must act now with urgency to fulfil their PREVENTION IS THE KEY human rights obligations and other commitments to ensure protection from all forms of Despite the emerging picture of the scale violence. While legal obligations lie with States, of violence against children, there is a great all sectors of society, all individuals, share the opportunity now to move towards its elimi- responsibility of condemning and preventing 6 nation. Violence is not an inevitable con- violence against children and responding to sequence of the human condition. Govern- child victims. None of us can look children in ments are increasingly acknowledging and the eye if we continue to approve or condone enforcing their human rights obligations to any form of violence against them.”4 children, and recognising the prevalence and long-term impact of violence. The Study has confirmed that the knowledge and capacity to A GLOBAL PROBLEM prevent violence against children and reduce Reports of infanticide, cruel and humiliating its consequences exist. The science base for punishment, neglect and abandonment, sexual developing effective violence prevention strate- abuse and other forms of violence against gies and therapeutic interventions is expanding; children date back to ancient civilisations.5,6

AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN the existence of evidence-based strategies dem- Recently, documentation of the magnitude onstrates that – with sufficient commitment and and impact of violence against children shows investment – creative approaches to prevention clearly that this is a very substantial and seri- can make a difference. Moreover, protecting ous global problem.7,8 It occurs in every coun- young children from violence has vast potential try in the world in a variety of forms and set- for reducing all forms of violence in society, as tings and is often deeply rooted in cultural, well as reducing the long-term social and health economic, and social practices. consequences of violence against children. A large proportion of children in every society Every society, no matter what its cultural, eco- suffer significant violence within their homes. nomic or social background, can and must stop Only 16 States prohibit all corporal punishment violence against children now. This requires gainst children in all settings, leaving the vast transformation of the ‘mindset’ of societies, majority of the world’s child population without “Violence against children is a violation of their human rights, a disturbing reality of our societies. It can never be justified whether for disciplinary reasons or cultural tradition. No such thing as “reasonable” levels of violence is acceptable. Legalized violence against children in one context risks tolerance of violence against children generally.” Louise Arbour, United Nations High Commissioner for Human Rights 1

equal legal protection from being hit and delib- institutions, by teachers in schools, and are erately humiliated within their homes. In addi- also inflicted on children in conflict with the tion, children face violence from those entrusted law. In workplaces where children below the with their care in schools, in care and justice sys- minimum legal age for employment are found, tems, as well as in places where they are work- employers often enjoy impunity in inflicting ing legally or illegally. In over 100 countries, corporal punishment on children for inade- children in schools suffer the reality or threat of quate performance. In the community, a child State-authorised, legalised beating. In at least 30 who is labelled vagrant or anti-social may be States, sentences of whipping or caning are still assaulted or otherwise ill-treated, with impu- being imposed on children in penal systems, nity, by figures in authority, including police. and in many more States violent punishments Children forced into prostitution frequently are authorised in penal and care institutions.9 describe their violent treatment by clients as if it were something they deserved.12 SETTINGS IN WHICH VIOLENCE Sexual abuse, physical and psychological vio- OCCURS 7 lence, and sexual harassment are forms of vio- The Study used an analytical framework based lence which occur in all settings. In most soci- on the environments or settings in which child- eties, sexual abuse of girls and boys is most hood is spent – home and family, schools, care common within the home or is committed by a and justice systems, workplaces and the commu- person known to the family. But sexual violence nity. Chapter 2 explores the existing framework also occurs in schools and other educational set- of international instruments and mechanisms tings, by both peers and teachers. It is rife against applicable to violence against children. Chapters children in closed workplaces, such as domestic 3 to 7 focus on the forms violence takes within labourers employed in private households. It also each of these settings. Each chapter aims to cover takes place in institutions and in the commu- the settings-related background and context of nity, at the hands people known to the victim violence against children, contributory factors and others. Girls suffer considerably more sexual CHILDREN AGAINST VIOLENCE TO END AN and risks, prevalence insofar as it has been iden- violence than boys, and their greater vulnerabil- tified, impacts on children and others, and the ity to violence in many settings is in large part a necessary directions for preventive action and product of the influence of gender-based power for response to violence when it occurs. relations within society. At the same time, boys are more likely to be the victims of homicide, Describing children’s experience of violence and particularly of violence involving weapons. is far from straightforward. Certain forms of violence against children are common in Exposure to violence in one setting may well all settings. Corporal punishment and other be reflected or compounded by violence in forms of cruel or degrading punishment are another, and the Study’s analysis has illumi- used by parents and other family members at nated specific vulnerabilities that need to be home, by those responsible for their care in addressed, setting by setting. “Throughout history some children have been loved and cherished and others brutalized by violence. This report reflects that global reality. I hope it will help to promote action to address and eliminate all forms of violence against children, as an essential path to human development and peace.” Savitri Goonesekere, Editorial Board of the UN Secretary-General’s Study on Violence against Children

THE STUDY PROCESS

The Study was developed through a participatory process which included Regional, Sub-regional and National Consultations, expert thematic meetings and field visits. In March 2004, a detailed questionnaire was sent to Governments on their approaches to violence against children. A total of 136 responses had been received at the time of publishing.10 Between March and July 2005, nine Regional Consultations, for the Caribbean, South Asia, West and Central Africa, Latin America, North America, East Asia and the Pacific, the Middle East and North Africa, Europe and Central Asia, and Eastern and Southern Africa, were convened. Each Consultation brought together an average of 350 participants, including Government ministers and officials, parliamentarians, representatives of regional and other intergovernmental organisations and UN 8 entities, non-governmental organisations (NGOs), national human rights institutions (NHRIs), other elements of civil society, including the media and faith-based organisations, and children themselves. Children participated in each Regional Consultation, which were all preceded by meetings where they developed inputs and recommendations for the Study. Outcome reports for each Regional Consultation were also produced. A number of Sub-regional and National Consultations were also held. Governments which hosted these consultations were actively involved in the promotion of the Study. Regional organisations including the African Union, the Arab League, the Caribbean Community (CARICOM), the Council of Europe, the European Union, the Inter-American Commission on Human Rights of the Organization of American States and the South Asian Association for Regional Cooperation played important AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN roles in the organisation of consultations. National and regional organisations have committed themselves to ongoing involvement in the follow-up to the Study. Field visits were undertaken in Argentina, Canada, China, El Salvador, Guatemala, Haiti, Honduras, India, Israel and the Occupied Palestinian Territory (OPT), Mali, Pakistan, Paraguay, Slovenia, South Africa, Thailand, Trinidad and Tobago – thanks to the hospitality of the Governments of the countries in which visits and consultations took place. Regular consultations with members of the Committee on the Rights of the Child and special procedure mandate holders of the former Commission on Human Rights were “The participatory process adopted by the Study unleashed a sense of ownership; soul searching and courage in confessing what has long been denied. We have a historic opportuniy to uproot all forms of violence against children and we must not waste it.” Ambassador Moushira Khattab, Secretary General of the National Council for Childhood and Motherhood-Egypt, Vice Chair of the UN Committee on the Rights of the Child 1

held. The concluding observations on States parties’ reports to the Committee were analysed, as were the reports of relevant special procedure mandate holders. Many organisations made contributions to the Study, including the International Labour Organization (ILO), the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Educational, Scientific and Cultural Organi- zation (UNESCO), the United Nations Office on Drugs and Crime (UNODC), and the Division for the Advancement of Women of the United Nations Department of Economic and Social Affairs. A UN Inter-agency Group on Violence against Children met to develop strategies of follow-up to the Study. This report has also drawn on many inputs made to the Study over the last three years by different stakeholders, including children. Close to 300 individuals, NGOs, and 9 other organisations from many parts of the world responded to the call for public submissions. Contributions included submissions from children and major research reports commissioned specifically for the Study.11 An NGO Advisory Panel, including children and young people, was established early in the Study process which included representatives from all regions. The Subgroup on Children and Violence established within the NGO Group for the CRC also contributed to this effort. In addition to preparing numerous studies, the International Save the Children Alli- ance made a special contribution by advising on and facilitating the involvement of children, in particular in the Regional Consultations, together with UNICEF and other partners. The global Children’s Rights Information Network (CRIN) docu- CHILDREN AGAINST VIOLENCE TO END AN mented the progress of the Study, including the meetings with children, making it widely available on its website. The UNICEF Innocenti Research Centre provided particular support, along with other research centres and networks who submitted information and participated in consultations. Thematic meetings were also convened on gender-based violence, violence in schools, the home and family, violence against children with disabilities; juvenile justice systems and violence against children in conflict with the law; the role of faith-based organisations; information and communication technologies; violence against child refugee and other displaced children; and on methodologies for measuring violence. “Violence against children is a serious breach of human rights, which must end NOW! Let us continue to work together to make this world a world free from any forms of violence against children.” Charlotte Petri Gornitzka, Secretary General, Save the Children Sweden

HIDDEN DIMENSIONS OF VIOLENCE into and registration of child deaths. Although AGAINST CHILDREN millions of girls are married before the age of 18, lack of marriage registration makes the prob- Only a small proportion of acts of violence lem difficult to track.13 Few States consistently against children is reported and investigated, record and report on the placement of children and few perpetrators held to account. In in institutions and alternative care, or in deten- many parts of the world there are no systems tion, and fewer still collect information about responsible for recording, or thoroughly inves- violence against children in such placements. tigating, reports of violence against children. Where official statistics based on reports of Persistent social acceptance of some types of violence in the home and other settings exist, violence against children is a major factor in its they dramatically underestimate the true mag- perpetuation in almost every State. Children, nitude of the problem. the perpetrators of violence against them and the public at large may accept physical, sexual There are various reasons for this lack of report- 10 and psychological violence as an inevitable ing. Very young children who suffer violence part of childhood. Laws in a majority of States in their homes lack the capacity to report. still condone ‘reasonable’ or ‘lawful’ corporal Many children are afraid to report incidents punishment and reflect societal approval of of violence against them for fear of reprisals by violence when it is described or disguised as perpetrators, or of interventions by authorities ‘discipline’ (see Figure 1.1). Corporal punish- which may worsen their overall situation. ment and other forms of cruel or degrading In many cases parents, who should protect punishment, bullying and sexual harassment, their children, are silent if the violence is per- and a range of violent traditional practices may petrated by a spouse or other family member, or be perceived as normal, particularly when no a more powerful member of society such as an lasting visible physical injury results.

AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN employer, a police ofﬁcer, or community leader. No country can measure its progress towards Fear is closely related to the stigma frequently the elimination of violence against children attached to reporting violence. In societies without reliable data. To estimate the magni- where patriarchal notions of family ‘honour’ tude and nature of non-fatal violence against are valued above girls’ human rights and well- children accurately, surveys are required that being, an incident of rape or sexual violence can lead to ostracism of the victim, further violence explore the use of violence by parents and and even death at the hands of her family. other adults, experiences of violence in childhood, and current health status and health-risk Many Governments lack systems for consistent behaviours of children and adults. Fatal vio- registration of births, leading to a lack of formal lence against children can only be measured identity that can place infants and small children accurately through comprehensive death regis- at risk. Many also lack rigorous investigation tration, investigation and reporting systems. “How can we expect children to take human rights seriously and to help build a culture of human rights, while we adults not only persist in slapping, spanking, smacking and beating them, but actually defend doing so as being ‘ for their own good’? Smacking children is not just a lesson in bad behaviour; it is a potent demonstration of contempt for the human rights of smaller, weaker people.” Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, 2006 II 1

FIGURE 1.1

Percentage of the world’s children who are legally protected from corporal punishment Protected Not protected Unknown Home 2 98 0

Alternative care 4 78 18

School 42 58 0

Penal system (corporal punishment 42 55 2 as sentence) 11 Penal sytem 81 19 0 (corporal punishment as disciplinary measure) 020406080100 Percentage of children

Source: Global Initiative to End all Corporal Punishment of Children (2006). Global Summary of the Legal Status of Corporal Punishment of Children. 28 July 2006.

RANGE AND SCALE OF give some idea of the range and scale of violence THE PROBLEM against children covered by the Study:

A variety of initiatives, ranging from interna- • WHO estimates that almost 53,000 tional comparative studies to small-scale inter- child deaths in 2002 were homicides.14 CHILDREN AGAINST VIOLENCE TO END AN view studies with children at local level, are pro- (See Annex for regional homicide rates viding a clearer picture of the magnitude and by age, income group and sex.) pervasive nature of the problem in all regions. • In the Global School-Based Student Information generated by these initiatives indi- Health Survey carried out in a cates that, while some violence against children wide range of developing countries, is perpetrated by strangers, the vast majority of between 20% and 65% of school- violent acts is perpetrated by people who are part aged children reported having been of the child victim’s immediate environment: verbally or physically bullied in school parents and the wider family, boyfriends or girl- in the previous 30 days.15 Similar friends, spouses and partners, teachers, school- rates of bullying have been found in mates, and employers. The following examples industrialised countries.16 “I hate being a child, I hate being hit and I hate being taken for granted. I have feelings and emotions. I need love, care, protection and attention.” Girl, 13, South Asia, 2005 III

• An estimated 150 million girls and 73 simplistic explanations, the model emphasises million boys under 18 have experienced that it is a combination of factors, acting at dif- forced sexual intercourse or other forms ferent levels, which influence the likelihood of sexual violence involving physical that violence will occur, recur, or cease. The contact.17 various factors relevant to the different levels • UNICEF estimates that in sub- of the ecological model will also be affected by Saharan Africa, Egypt and Sudan, the context of the settings that children interact 3 million girls and women are with – in their home and family environment, subjected to FGM every year.18 at school, in institutions and workplaces, as well • ILO estimates that 218 million as in their community and broader society. children were involved in child labour in 2004, of whom 126 million For example, economic development, social were engaged in hazardous work.19 status, age and gender are among the many risk Estimates from 2000 suggest that factors associated with fatal violence. WHO 12 5.7 million were in forced or bonded estimates that the rate of homicide of children labour, 1.8 million in prostitution and in 2002 was twice as high in low-income coun- pornography, and 1.2 million were tries than high-income countries (2.58 versus victims of trafficking.20 1.21 per 100,000 population). As can be seen • Only 2.4% of the world’s children in Figure 1.3, the highest child homicide rates are legally protected from corporal occur among adolescents, especially boys, punishment in all settings.21 aged 15 to 17 years (3.28 per 100,00 for girls, 9.06 for boys) and among children aged 0 to 4 RISK FACTORS AND PROTECTIVE years (1.99 for girls, 2.09 for boys).22 However, FACTORS studies on infant homicide are urgently needed to strengthen the reliability of these estimates The 2002 World Report on Violence and Health AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN and to determine the extent of practices such adopted an ‘ecological model’ to help under- as female infanticide in various regions. stand the multi-level, multi-faceted nature of violence. As an analytical tool, the model recog- Available data suggest that young children are nises that a wide and complex range of factors at greatest risk of physical violence, while sexual increases the risk of violence and helps to per- violence predominantly affects those who have petuate it – or, alternatively may protect against reached puberty or adolescence. Boys appear it. As illustrated in Figure 1.2, the ecological to be at greater risk of physical violence than model identifies personal history and char- girls, while girls face greater risk of neglect and acteristics of the victim or perpetrator, his or sexual violence.23 Social and cultural patterns her family, the immediate social context (often of behaviour, socio-economic factors including referred to as community factors) and the char- inequality and unemployment, and stereotyped acteristics of the larger society. In contrast to gender-roles also play an important role. 1

Some groups or categories of children are espe- the Millennium Development Goals, will aid cially vulnerable to different forms of violence. the elimination of violence against children. For example, higher levels of vulnerability are associated with children with disabilities, At the same time, other factors may prevent orphaned children (including the millions or reduce the likelihood of violence. Although more research is needed on these protective orphaned by AIDS), indigenous children, factors, it is clear that the development of children from ethnic minorities and other strong attachment bonds between parents and marginalised groups, children living or work- children, and the nurturing of relationships ing on the streets, children in institutions and with children that do not involve violence or detention, children living in communities in humiliation within stable family units, can be which inequality, unemployment and poverty powerful sources of protection for children. are highly concentrated, child refugees and other displaced children. Gender also plays a Factors applicable to the prevention of vio- key role, as girls and boys are at different risk lence in the various settings are described in 13 for different kinds of violence. Chapters 3 to 7.

Global issues also play a part, including increas- THE DEVASTATING IMPACT ing inequality between and within States, OF VIOLENCE migration, urbanisation, and armed conﬂict. Addressing these challenges, as well as reach- Although the consequences of violence against ing internationally agreed objectives such as children vary according to its nature and sever-

FIGURE 1.2

Ecological model for understanding risk factors and protective factors of violence AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN

Society Community Relationship Individual

Source: Krug EG et al. (Eds) (2002). World Report on Violence and Health. Geneva, World Health Organization. ity, the short- and long-term repercussions can as substance abuse, early sexual activity, and be devastating (see Table 1.1). Early exposure to smoking.25,26 Related mental health and social violence is critical because it can have an impact problems include anxiety and depressive dis- on the architecture of the maturing brain. In the orders, hallucinations, impaired work perfor- case of prolonged violence, including witnessing mance, memory disturbances, as well as aggres- violence, the disruption of nervous and immune sive behaviour. These risks are also associated systems can lead to social, emotional, and cog- later on in life with lung, heart, and liver dis- nitive impairments, as well as behaviours that ease, sexually transmitted diseases and foetal cause disease, injury and social problems.24 death during pregnancy, as well as intimate partner violence, and suicide attempts.27,28 Exposure to violence in childhood may also result in greater susceptibility to lifelong Exposure to violence in the community is also social, emotional, and cognitive impairments, associated with troubling health behavioural, to obesity, and to health-risk behaviours such and social consequences. Associations have 14

FIGURE 1.3

Estimated child homicide rates by age and sex

10.00 9.06 9.00 8.00 Females 7.0 0 Males 6.00 AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN 5.00 4.00 3.28 3.00 2.93

rate per 100 000 population per 100 rate 1.92 1.99 2.09 2.08 2.00 1.48 1.49 1.00 1.00 0.00 0-17 yrs 0-4 yrs 5-9 yrs 10-14 yrs 15-17 yrs

Source: WHO (2006). Global Estimates of Health Consequences due to Violence against Children. Background Paper to the UN Study on Violence against Children. Geneva, World Health Organization. “UBUNTU is an embodiment of humaneness, empathy, respect, dignity and many other such values and it can only result from an investment of the same values in the children themselves. Let us leave a legacy consistent with ensuring UBUNTU in the world by speaking and acting against abuse of all children.” Adv. Thoko Majokweni, Head of the SOCA Unit: National Prosecuting Authority of South Africa 1

TABLE 1.1 – Acute and long-term consequences of violence against children

Physical health consequences Abdominal/thoracic injuries Brain injuries Bruises and welts Burns and scalds Central nervous system injuries Fractures

Lacerations and abrasions 15 Damage to the eyes Disability Sexual and reproductive consequences Reproductive health problems Sexual dysfunction Sexually transmitted diseases, including HIV/AIDS Unwanted pregnancy

Psychological consequences CHILDREN AGAINST VIOLENCE TO END AN Alcohol and drug abuse Cognitive impairment Criminal, violent and other risk-taking behaviours Depression and anxiety Developmental delays Eating and sleep disorders Feelings of shame and guilt >>> “Nations will not prosper if their children do not heal. To suffer violence in childhood is to be wounded in the soul, and if not healed, to go on to inflict pain on others as well as oneself. No child should be a victim of violence. All children have the right to protection and to first call on their nations’ resources. The time to fulfil their rights is now.” Hon. Landon Pearson, Director, Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, Carleton University, Canada

Continued

TABLE 1.1 – Acute and long-term consequences of violence against children

Hyperactivity Poor relationships Poor school performance Poor self-esteem Post-traumatic stress disorder Psychosomatic disorders Suicidal behaviour and self-harm

16 Other longer-term health consequences Cancer Chronic lung disease Irritable bowel syndrome Ischaemic heart disease Liver disease Reproductive health problems such as infertility Financial consequences

AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN Treatment, visits to the hospital doctor and other Direct costs: health services Lost productivity, disability, decreased quality of life Indirect costs: and premature death Expenditures related to apprehending and prosecuting Costs borne by offenders. Costs to social welfare organisations, costs criminal justice system associated with foster care, to the educational system and other institutions: and costs to the employment sector arising from absenteeism and low productivity

Source: Runyan D et al. (2002). Child Abuse and Neglect by Parents and Other Caregivers. In: Krug EG et al. (Eds). World Report on Violence and Health. Geneva, World Health Organization, pp 59–86. 1

been established between exposure to commu- programmes to address factors that give nity violence and post-traumatic stress disor- rise to violence against children; der (PTSD), depression, antisocial behaviours, • States have the primary responsibility substance abuse, decline in academic perfor- to uphold children’s rights to protection mance, problematic peer relations, and greater and access to services, and to support involvement with the criminal justice system. families’ capacity to provide children with care in a safe environment; While there is little information available about • States have the obligation to ensure the global economic costs of violence against chil- accountability in every case of violence; dren, in particular from the developing world, • The vulnerability of children to the variety of short- and long-term consequences violence is linked to their age and associated with it suggest that the economic evolving capacity. Some children, costs to society are significant. In the United because of gender, race, ethnic States, the financial costs associated with child origin, disability or social status are 17 abuse and neglect, including future lost earnings particularly vulnerable; and cost of mental health care, were estimated in • Children have the right to express their 29 2001 to amount to US$ 94 billion. views and have them given due weight in the planning and implementation of PRINCIPLES AND policies and programmes. RECOMMENDATIONS The Study has developed overarching and Efforts to prevent and respond to violence against setting-specific recommendations, which are children must be multi-faceted and adjusted included in the Study Report to the General according to the form of violence, its setting and Assembly. The overarching recommendations the perpetrator or perpetrators. Whatever the outline broad actions that all States must take action taken, the best interests of the child must to prevent violence against children and to CHILDREN AGAINST VIOLENCE TO END AN always be the primary consideration. respond to it effectively if it occurs. These are supplemented by additional recommendations The Study Report to the UN General Assem- for specific settings: the home and family, bly has identified a number of key principles schools, care and justice systems, places where which are reflected in his recommendations: children are working legally or illegally, and the community; these are found in the conclu- • No violence against children is sions to each of the Chapters 3 to 7. justifiable. Children should never receive less protection than adults; The recommendations presented here are • All violence against children is addressed primarily to Governments, referring preventable. States must invest to their legislative, administrative, judicial, in evidence-based policies and policy-making, service delivery and institu- “This study provides a comprehensive assessment of the impacts of violence on children. It is clear that protection of children is everyone’s responsibility.” Ann M. Veneman, Executive Director, UNICEF

tional functions. Some recommendations are 2. Prohibit all violence against children directed at the role of other partners and sec- I urge States to ensure that no person tors of society, such as civil society organisa- below 18 years of age should be sub- tions, which are also of critical importance. jected to the death penalty and sentences of life imprisonment without possibil- OVERARCHING RECOMMEN- ity of release. I recommend that States DATIONS take all necessary measures to immediately suspend the execution of all death 1. Strengthen national and local commit- penalties imposed on persons for having ment and action committed a crime before the age of 18, I recommend that all States develop a and take the appropriate legal measures multi-faceted and systematic framework to convert them into penalties in confor- to respond to violence against children mity with international human rights which is integrated into national plan- standards. Death penalty as a sentence 18 ning processes. A national strategy, policy imposed on persons for crimes commit- or plan of action on violence against ted before the age of 18 should be abol- children with realistic and time-bound ished as a matter of highest priority. targets, coordinated by an agency with I urge States to prohibit all forms of vio- the capacity to involve multiple sectors lence against children, in all settings, in a broad-based implementation strat- including all corporal punishment, harm- egy, should be formulated. National ful traditional practices, such as early and laws, policies, plans and programmes forced marriages, female genital mutila- should fully comply with international tion and so-called honour crimes, sexual human rights and current scientiﬁc violence, torture and other cruel, inhu- knowledge. The implementation of the man or degrading punishment and treat- AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN national strategy, policy or plan should ment, as required by international trea- be systematically evaluated according to ties, including the Convention against established targets and timetables, and Torture and Other Cruel, Inhuman or provided with adequate human and Degrading Treatment or Punishment ﬁnancial resources to support its imple- and the Convention on the Rights of the mentation. Child. I draw attention to General Com- An integrated and systematic framework to ment No. 8 (2006) of the Committee on tackle violence against children should include the Rights of the Child on the right of the components to address the prevention of vio- child to protection from corporal punish- lence in all settings, care and rehabilitation for ment and other cruel or degrading forms child victims, awareness-raising and capacity of punishment (articles 19. 28, para 2 building, and research and data collection. and 37, inter alia) (CRC/C/GC/8). “Commitments should be translated into concrete, time-bound targets.” Jaap Doek, Chairperson of the UN Committee on the Rights of the Child 1

The first purpose of clear prohibition of vio- Prevention takes many forms, including those lence is educational – to send a clear message set out in other overarching recommenda- across societies that all violence against children tions: developing a consistent legal and policy is unacceptable and unlawful, to reinforce posi- framework prohibiting all forms of violence; tive, non-violent social norms. There should be challenging social norms which condone vio- no impunity for those who perpetrate violence lence, and enhancing the capacity of all those against children, but care must be taken to ensure who work with and for children and families that child victims do not suffer further through to promote non-violence. insensitive enforcement of the law. Prosecutions 4. Promote non-violent values and aware- and formal interventions, in particular within ness-raising the family, should occur when necessary to pro- I recommend that States and civil society tect a child from significant harm and when should strive to transform attitudes that judged to be in the best interests of the child. condone or normalise violence against Strong and enforceable legal sanctions should be children, including stereotypical gender 19 implemented to deter violence against children. roles and discrimination, acceptance of 3. Prioritise prevention corporal punishment, and other harm- I recommend that States prioritise pre- ful traditional practices. States should venting violence against children by ensure that children’s rights are dissem- addressing its underlying causes. Just inated and understood, including by as resources devoted to intervening children. Public information campaigns after violence has occurred are essen- should be used to sensitize the public tial, States should allocate adequate about the harmful effects that violence resources to address risk factors and has on children. States should encourage prevent violence before it occurs. Poli- the media to promote non-violent values cies and programmes should address and implement guidelines to ensure full CHILDREN AGAINST VIOLENCE TO END AN immediate risk and factors such as lack respect for the rights of the child in all of parent–child attachment, family media coverage. breakdown, abuse of alcohol or drugs, Positive, non-violent environments must be and reducing access to guns and other created for and with children, in their homes, weapons. In line with the Millennium schools, other institutions and communities, Development Goals, attention should be including through public and parent educa- focused on economic and social policies tion, advocacy campaigns and training. Social that address poverty, gender and other and cultural attitudes and actions which forms of inequality, income gaps, unem- plainly conflict with human rights must be ployment, urban overcrowding, and confronted with sensitivity because of people’s other factors which undermine society. attachment to their traditions. 5. Enhance the capacity of all who work or disclosed. Health, criminal justice, with and for children and social service systems should be I recommend that the capacity of all designed to meet the special needs of those who work with and for children children. to contribute to eliminate all violence Violence against children can have a range of against them must be developed. Initial serious health and social outcomes, costly both and in-service training which imparts to individuals and to society. Minimising these knowledge and respect for children’s consequences of violence will require a vari- rights should be provided. States should ety of treatment and support services. Services invest in systematic education and focused on rehabilitation and reintegration may training programmes both for profes- also help to reduce the risk of child victims of sionals and non-professionals who work violence continuing the cycle of violence. with or for children and families to prevent, detect and respond to violence 20 7. Ensure the participation of children against children. Codes of conduct and I recommend that States actively engage clear standards of practice, incorporat- with children and respect their views in ing the prohibition and rejection of all all aspects of prevention, response and forms of violence, should be formulated monitoring of violence against them, and implemented. taking into account article 12 of the Convention on the Rights of the Child. While many services contribute to the preven- Children’s organisations and child-led tion of violence against children, all need to initiatives to address violence, guided consider how to maximise their potential for by the best interests of the child, should prevention, including through the specific be supported and encouraged. training of all who work with children. Sys-

AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN tematic and long-term support, in pre-service The CRC elaborates children’s right to express as well as in-service training, is needed at all their views freely on all matters that affect levels to ensure highly functional staff and them and to have those views given due weight. high-quality services for children. Children’s own views and experiences must contribute to prevention and other interven- 6. Provide recovery and social reintegra- tions to stop violence against them. Children tion services – acting voluntarily and with appropriate ethi- I recommend that States provide accessi- cal safeguards – can make a signiﬁcant contri- ble, child-sensitive and universal health bution to both describing the problem of vio- and social services, including pre-hospi- lence against them, and also to the design of tal and emergency care, legal assistance services and other interventions that they can to children and, where appropriate, trust and use. The obligation to ascertain and their families when violence is detected take children’s views seriously must be built “No matter whether violence against children occurs in the family, school, community, institution or workplace, health workers are the front line for responding to it. We must make our contribution to ensuring that such violence is prevented from occurring in the ﬁrst place, and that where it does occur children receive the best possible services to reduce its harmful effects.” Anders Nordström, Acting Director-General, WHO 1

into the legal framework for child protection cerns about violence against children under and must inform the training of all those who mandatory reporting systems. In a few coun- work with children and families. Child vic- tries, the public are under the same legal duty. tims of violence must not be simply objects of The Study has heard varying views about concern, but treated as individual people with mandatory reporting. It is essential that every rights and views of their own. Children must Government should review existing reporting invariably be listened to and taken seriously. systems and involve children or young adults with recent experience of child protection ser- 8. Create accessible and child-friendly vices in the review. reporting systems and services I recommend that States should estab- In every locality and every setting which lish safe, well-publicised, confidential includes children, there should be well-publi- and accessible mechanisms for chil- cised and easily accessible services required to dren, their representatives and others investigate reports or indications of violence to report violence against children. All against children. There should also be access to 21 children, including those in care and services where children can go to talk in confi- justice institutions, should be aware dence about anything that is worrying or hurt- of the existence of mechanisms of coming them. Providing confidential services for plaint. Mechanisms such as telephone children – services which guarantee that they helplines through which children can will not report to others or take action without report violence, speak to a trained coun- the child’s consent, unless the child is at imme- sellor in confidence and ask for support diate risk of death or serious harm – remains and advice should be established and the controversial in many countries. Making confi- creation of other ways of reporting vio- dential services available to children, including lence through new technologies should those most vulnerable to violence, challenges be considered.

outdated concepts of parental ‘ownership’ of CHILDREN AGAINST VIOLENCE TO END AN Retrospective studies, questioning young adults their children. Yet what we now know about about their childhood experiences, reveal that the intra-familial violence demands that children majority of child victims did not talk to anyone should have the rights to seek conﬁdential or approach child protection services during advice and help. their childhood, even in States which have 9. Ensure accountability and end impunity highly developed systems. Reasons included not I recommend that States should build knowing where to go for help, a lack of services, lack of trust in the services or in some cases fear community conﬁdence in the justice of reprisals from the perpetrator. system by, inter alia, bringing all perpetrators of violence against children In many countries, certain professional groups to justice and ensure that they are are under a legal obligation to report any con- held accountable through appropriate “Ending violence against children needs to be part of national development plans and development assistance frameworks, not an afterthought” Ragne Birte Lund, Ambassador, Ministry of Foreign Affairs of Norway

criminal, civil, administrative and 10. Address the gender dimension of vio- professional proceedings and sanctions. lence against children Persons convicted of violent offences and I recommend that States ensure that sexual abuse of children should be pre- anti-violence policies and programmes vented from working with children. are designed and implemented from a gender perspective, taking into account Governments must develop child-sensitive the different risks facing girls and boys procedures for investigating cases of violence, in respect of violence. States should which avoid subjecting the victim to multiple promote and protect the human rights interviews and examinations. Court processes of women and girls, and address all must ensure that child witnesses are treated sen- forms of gender discrimination as part sitively, that they are not subjected to extended of a comprehensive violence prevention court proceedings, and that their privacy is strategy. respected. The stress of court proceedings can 22 be reduced through the use of technology such Girls and boys are at different risk for different as video-taped evidence, courtroom screens, forms of violence across different settings. All and witness-preparation programmes as well research into violence against children and into as access to child-friendly legal support. strategies to prevent and respond to it should be designed to take gender into account. In When parents or other family members are particular, the Study has found a need for men the perpetrators of violence, decisions con- and boys to play active roles and exercise lead- cerning formal interventions and prosecutions ership in efforts to overcome violence. must be made according to the best interests of the child. When the perpetrator is another 11. Develop and implement systematic child, the response should be focused on reha- national data collection and research bilitation, while ensuring the protection of the efforts AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN affected child. I recommend that States improve data collection and information systems in The risk of perpetrators of violence against order to identify vulnerable sub-groups, children re-offending should be minimised by inform policy and programming at all appropriate treatment. Governments should levels, and track progress towards the be encouraged to review the situation of per- goal of preventing violence against chil- petrators currently serving sentences to determine whether their sentence or treatment is dren. States should use national indi- minimising the risk of re-offending, and make cators based on internationally agreed appropriate recommendations for future sen- standards, and ensure that data are tencing and treatment, focused on this aim. compiled, analysed and disseminated to monitor progress over time. Where not currently in place, birth, death “How is it that Africa, a continent so rich in resources, cultures and values, today fails to protect its own children, its present and future resource?” Young refugee, Eastern and Southern Africa, 2005 IV 1

and marriage data registries with full between these trends and various strategies for national coverage should be created and prevention. Internationally accepted uniform maintained. States should also create standards for collecting data on violence against and maintain data on children without children are needed to enhance comparability, parental care, and on children in the and ensure appropriate ethical safeguards. criminal justice system. Data should be disaggregated by sex, age, urban/rural, While some progress has been made in the iden- household and family characteristics, tiﬁcation of effective strategies for preventing education and ethnicity. States should some forms of violence against children in a also develop a national research agenda few countries, additional research is needed to on violence against children across set- identify and evaluate policies and programmes tings where violence occurs, including that are appropriate and effective in prevent- through interview studies with children ing all forms of violence against children, and and parents, with particular attention especially for vulnerable girls and boys. 23 to vulnerable groups of girls and boys. 12. Strengthen international commitment The development of a national research agenda I recommend that all States should ratify on violence against children across settings is and implement the Convention on the critical for knowledge building and improved Rights of the Child and its two Optional programme development. Such plans should Protocols on the involvement of chil- include children, parents, service providers dren in armed conﬂict and on the sale and others, and use a range of methods such as of children, child prostitution and child interview studies, improved reporting and reg- pornography. All reservations which are istration systems and investigation procedures, incompatible with the object and pur- and regular surveys, with particular attention pose of the Convention and the Optional Protocols should be withdrawn in accor- given to vulnerable groups of girls and boys. CHILDREN AGAINST VIOLENCE TO END AN dance with the Vienna Declaration and No country can be complacent about violence Plan of Action of the World Conference against children and more research into preva- on Human Rights of 1993. States should lence, causes, and prevention is needed every- ratify all relevant international and where. Our ability to determine the magnitude, regional human rights instruments that characteristics, and trends of many forms of provide protection for children includ- violence against children is poor, even in indus- ing the Convention against Torture trialised countries. All countries must increase and Other Cruel, Inhuman or Degrad- their capacity to monitor deaths, injuries and ing Treatment or Punishment and its behaviours associated with violence against Optional Protocol; the Rome Statute children to determine whether the problem of the International Criminal Court; is getting better or worse, and the association the Convention on the Elimination of “All of our proposals are achievable with political will and the commitment of civil society.” Young person, Europe and Central Asia, 2006 V

All Forms of Discrimination against mitments. These include UN entities, civil Women and its Optional Protocol; ILO society organisations including national Conventions No. 138 on the Minimum human rights institutions, professional bodies Age for Admission to Employment and such as doctors’ and nurses’ associations, com- No. 182 on the Worst Forms of Child munity associations, educators, parents and Labour; and the United Nations Con- children. The key strategies for implementa- vention against Transnational Orga- tion are set out below. nized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Per- NATIONAL AND REGIONAL LEVEL sons, Especially Women and Children, supplementing the United Nations Con- Above all, the Study has focused on improving vention against Transnational Orga- implementation at the country level, for the nized Crime. States should implement benefit of all girls and boys. To this end, the all their international legal obligations Report to the UN General Assembly empha- 24 and strengthen their cooperation with sises the urgency of country-level action and the treaty bodies. sets targets for Governments: I recommend that States act in confor- • The integration in national planning mity with their commitments on the processes of measures to prevent and prevention of violence made at the UN respond to violence against children General Assembly Special Session on should take place by 2007 and should Children, and in the context of the WHO include the identification of a focal Health Assembly resolution on imple- point, preferably at ministerial level. menting the recommendations of the • Prohibiting all violence against children World Report on Violence and Health,30 by law and initiating a process to and other regional public health resolu- develop reliable national data collection AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN tions that reinforce this resolution. systems should be achieved by 2009. The report also urges Governments to provide IMPLEMENTATION AND information on implementation of the Study’s FOLLOW-UP recommendations in their periodic reports to the Committee on the Rights of the Child. The Study Report submitted to the General Assembly emphasised that the primary respon- International organisations should encourage sibility for implementing the recommenda- and support Governments in the implementa- tions rests with Governments. However, the tion of these recommendations. International participation of other actors at national, financial institutions should review their poli- regional and international level is critical to cies and activities to take account of the impact assist Governments to carry out their com- they may have on children. UN country teams “Vision without action is a dream, but action without a vision is a nightmare.” Young Person, Europe and Central Asia, 2006 VI 1

should include measures to address violence lence against children, to encourage interna- against children within poverty reduction tional and regional cooperation, and to ensure strategies, coordinated country assessments follow-up and monitoring of the Study’s rec- and development assistance frameworks. ommendations.

Governments should consider establishing an The Special Representative should disseminate ombudsperson or commissioner for children’s and promote the Study recommendations in 31 rights – complying with the Paris Principles. different international, regional and national Working closely with other agencies concerned forums, and provide a periodic report to the with public health and child protection issues, Human Rights Council and the General these independent institutions should have Assembly. In addition, a report on implemen- a clear mandate to monitor children’s rights at national, regional and local levels. Where tation of the Study recommendations is pro- appropriate, they should have the competence posed for the sixty-fifth session of the General to receive and investigate complaints on vio- Assembly in 2010. 25 lations of children’s rights from the public, The Special Representative should work closely including from children. with, but not duplicate the work of, the Com- I n l i g ht of t he c ont r ibut ion of re g ion a l org a n i s a- mittee on the Rights of the Child, the Special tions to the development of the Study, regional Representative of the Secretary-General for entities should be involved in the implemen- children in armed conflict, the Special Rap- tation and follow-up of its recommendations. porteur on the sale of children, child prostitu- The further development of regional mecha- tion and child pornography, and the Special nisms should be encouraged as an important Rapporteurs on violence against women and part of the overall framework for follow-up. on trafficking in persons. He or she should Regional human rights protection systems are collaborate with regional human rights pro- also encouraged to monitor implementation of CHILDREN AGAINST VIOLENCE TO END AN tection systems and all other regional and the Study’s recommendations. national follow-up initiatives.

INTERNATIONAL LEVEL It is recommended that the Special Represen- tative should have an initial mandate of four In view of the importance of multi-sectoral coordination to address violence against chil- years. Building on the successful interagency dren, the Study Report has proposed that collaboration that marked the Study, he or she Governments establish a Special Represen- should be supported by OHCHR, UNICEF tative of the Secretary-General on Violence and WHO. The United Nations Inter-agency against Children. The Special Representative Group on Violence against Children, with rep- should act as a high-profile global advocate to resentation from NGOs and children, should promote prevention and elimination of all vio- also support follow-up. REFERENCES 13 Bruce J (2002). Married Adolescents Girls: Human Rights, Health and Development Needs of a Neglected Majority. 1 Krug EG et al. (Eds) (2002). World Report on Violence Paper presented by the Population Council at the and Health. Geneva, World Health Organization. Supporting Event: Early Marriage in a Human Rights Context, United Nations Special Session on Children, 2 Krug EG et al. (Eds.) (2002). World Report on Violence 8–10 May 2002. and Health. Geneva, World Health Organization, p 5. 14 WHO (2006). Global Estimates of Health Consequences 3 Shonkoff JP, Phillips DA (Eds) (2000). From Neurons Due to Violence against Children. Background Paper to to Neighbourhoods: The Science of Early Childhood the UN Secretary-General’s Study on Violence against Development. Washington DC, National Academy Press. Children. Geneva, World Health Organization. 4 Krug EG et al. (Eds) (2002). World Report on Violence 15 Analysis provided to the Study by the Global School- and Health. Geneva, World Health Organization. based Student Health Survey: The World Health 5 Ten Bensel RW, Rheinberger MM, Radbill SX (1997). Organization (http://www.who.int/chp/gshs or http:// Children in a World of Violence: The Roots of Child www.cdc.gov/gshs) for surveys conducted in 2003–5 for Maltreatment. In: Helfer M et al. (Eds). The Battered Botswana, Chile (metropolitan area), China (Beijing), Child. Chicago, University of Chicago Press, pp 3–28. Guyana, Jordan, Kenya, Lebanon, Namibia, Oman, 26 Philippines, Swaziland, Uganda, UAE, Venezuela (Lara), 6 United Nations Secretary-General (2006). Report of Zambia and Zimbabwe (Harare). the Independent Expert for the United Nations Study on Violence against Children. Promotion and protection 16 Currie C et al. (2004). Health Behaviour in School-aged of the rights of children. United Nations General Children (HBSC) Study: International Report from the Assembly, Sixty-first session. A/61/299. 2001/2002 Survey. Health Policy for Children and Adolescents, No 4. Geneva, World Health Organization. 7 Reza A et al. (2001). Epidemiology of Violent Deaths in the World. Injury Prevention, 7: 104–111. 17 WHO (2006). Global Estimates of Health Consequences Due to Violence against Children. Background Paper to 8 Krug E et al. (Eds) (2002). World Report on Violence and the UN Secretary-General’s Study on Violence against Health. Geneva, World Health Organization. Children. Geneva, World Health Organization, based 9 Global Initiative to End all Corporal Punishment of on estimates by Andrews G et al. (2004). Child Sexual Children (2006). Global Summary of the Legal Status of Abuse. Ch. 23 in Ezzati M et al. (2004). Comparative Corporal Punishment of Children. 28 June 2006. Quantification of Health Risks: Global and Regional AN END TO VIOLENCE AGAINST CHILDREN AGAINST VIOLENCE TO END AN 10 All responses are available at: http://www.ohchr.org/ Burden of Disease Attributable to Selected Major Risk english/bodies/crc/study.htm. As of 20 September 2006, Factors, Vol 2. Geneva, World Health Organization, pp. 135 Member States and one observer had submitted 1851–1940, and using UN Population Division data for responses. the population under 18 years. 11 The list of submissions is available at the website of the 18 UNICEF (2005). Changing a Harmful Social United Nations Secretary-General’s Study on Violence Convention: Female Genital Mutilation/Cutting. against Children: http://www.violencestudy.org. Innocenti Digest. Florence, UNICEF Innocenti Research Centre. 12 Save the Children Alliance (2005). 10 Essential Learning Points: Listen and Speak Out against Sexual Abuse of Girls 19 ILO (2006). The End of Child Labour: Within Reach. Global Report. Geneva, International Labour and Boys. Global Submission by the International Save Organization. the Children Alliance to the UN Secretary-General’s Study on Violence against Children. Oslo, Save the 20 ILO (2002). A Future Without Child Labour. Global Children Norway. Report. Geneva, International Labour Organization. 1

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HAITI, 2005, Girls stand in the concrete yard of the women’s prison at Pétionville, a suburb of Port-au-Prince. AND INTERNATIONAL HUMANRIGHTS LAW References instruments Non-binding rights systems human Regional law labour and refugee humanitarian, International criminal, Child of the Rights on the Convention The Introduction VIOLENCE AGAINST CHILDREN AND STANDARDS 2 42 38 37 39 32 31

VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS 29 30 VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “I would like a coalition of international associations and organisations to be set up as quickly as possible to encourage and support those governments which undertake to adopt speciﬁc measures to prevent the most serious crimes committed against children from going unpunished – measures such as extending or doing away with the time limits for the prosecution of offences, stepping up judicial co-operation or adopting a model or framework law to strengthen action against trafﬁcking in children, including that done with the help of the Internet.” HRH Princess Caroline of Hanover, April 2006 I 2

INTRODUCTION tion of racial discrimination, discrimination against women, the prevention of torture, and Each child has the right to his or her physical the rights of migrant workers and members and personal integrity, and protection from all of their families. These instruments, legally forms of violence. Children, as human beings, binding on States which have accepted them, are entitled to enjoy all the rights guaranteed include provisions which are relevant to elimi- by the various international human rights trea- nating violence against children. Some treaties that have developed from the Universal ties, in particular the two Covenants, also con- 1 Declaration of Human Rights. They are also tain provisions extending specific protections entitled to the protection laid down in inter- to children. national legal instruments relating to international criminal, humanitarian and labour law.* Thus the International Covenant on Eco- nomic, Social and Cultural Rights includes Since the adoption in 1948 of the Univer- a provision requiring that children be pro- sal Declaration of Human Rights, the first tected from economic and social exploitation, 31 authoritative – although not legally binding and that the employment of children in work – statement on human rights, over 60 treaties that is harmful to their morals, or health or addressing slavery, the administration of jus- dangerous to life, or likely to hamper their tice, the status of refugees and minority groups normal development, be punished by law. The and human rights have been elaborated. All International Covenant on Civil and Political are grounded in the concepts of non-discrimi- Rights expressly prohibits the imposition of nation, equality and recognition of the dignity death sentences on children and young people of each and every individual as contained in under 18. It also includes provisions govern- the Universal Declaration, and each makes ing the proper treatment of accused and con- it clear that the rights contained therein are victed children, which in particular require available to all, including children, on a basis their separation from the adult(s) accused and of equality. offenders. Children are therefore entitled to the rights The Convention on the Elimination of All and procedures set out in the International Forms of Discrimination against Women is Bill of Rights, consisting of the International fully applicable to girls under 18 years of age. Covenants on Economic, Social and Cul- Article 16.2 of the Convention provides that tural Rights, and that on Civil and Political the betrothal and marriage of a child shall have Rights. They are also entitled to the rights no legal effect and that all necessary action, and protections contained in specific treaties, including legislative action, shall be taken by including those which address the elimina- States to specify a minimum age for marriage, * Further information on all instruments referred to in this and to make the registration of marriages in an chapter is available at: http://www.ohchr.org. official registry compulsory. VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “I really believe there is nothing more important than child protection because it is linked with every other child right, be it development, survival or participation. For all countries the recognition of this right as paramount and the decision to set up both programmes and institutions to ensure child protection is a giant step in the right direction.” Ms. Loveleen Kacker, Joint Secretary, Ministry of Women and Child Development, India

Existing protection under international steps to eliminate and respond to violence human rights law will be expanded with the against children in their concluding observa- finalisation of treaties regarding children, on tions, reports, and in several of their decisions disappearance and disability, currently being on petitions. Several treaty bodies have also concluded. Specific provisions relating to the adopted General Comments or recommen- human rights of children with disabilities, dations which outline States’ obligations to including obligations of States to address vio- address violence against children. The Com- lence against them, are included in the draft mittee on Economic, Social and Cultural Convention on the Rights of Persons with Rights General Comment on the Right to Disabilities, which will be submitted to the Education indicates that corporal punishment General Assembly for adoption at its sixty- in an educational setting is inconsistent with first session. international law and the dignity of the individual. The Committee on the Elimination of The implementation of each of the seven core Discrimination against Women has adopted a 32 human rights treaties currently in force is general recommendation on States’ obligations monitored by a Committee of Experts through under the Convention with regard to female various procedures. Each reviews implemen- genital mutilation (FGM) and two general tation thereof through the consideration of recommendations concerning gender-based reports submitted by States, and makes rec- violence against women. ommendations for further action. Four Com- mittees are empowered to consider petitions THE CONVENTION ON from individuals who allege that their rights THE RIGHTS OF THE CHILD have been violated in cases where the State concerned has accepted this procedure. Two Although protections are provided to children Committees have competence to conduct by general international human rights treaties inquiries into grave, systematic or serious vio- and other international agreements, at an early lations of the treaty, again in cases where the stage in the history of the United Nations, the State has accepted these procedures. Similar international community recognised the need procedures are contained in the draft trea- to provide specific human rights protection for ties on disappearance and disability, while the children. The General Assembly’s 1959 Dec- Optional Protocol on the Convention against laration on the Rights of the Child set out 10 Torture and other Forms of Cruel, Inhuman non-legally binding principles aimed at pro- and Degrading Treatment or Punishment viding special safeguards for children. introduces a system of visits to places of detention in States parties. The Convention on the Rights of the Child (CRC), which sets out legally binding standards, All bodies accepting the treaty have empha- was adopted by the General Assembly in 1989. sised the obligations of States to take specific The CRC, which signals clearly that children VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “Upon ratification of the Convention (on the Rights of the Child), countries are required to adopt laws, policies and programmes to ensure that each and every child grows up in an environment of love and understanding, enjoys freedom from fear and from want, is protected from discrimination, violence and exploitation and is given all opportunities to develop to the fullest potential. With the Convention, we are committed to ensure that the opportunities of life are not determined by the circumstances of birth.” Marta Santos Pais, Editorial Board of the UN Secretary-General’s Study on Violence against Children 2

are holders of human rights and acknowledges of the Child to Protection from Corporal Pun- their distinct legal personality and evolving ishment and Other Cruel or Degrading Forms capacities, is the most widely accepted human of Punishment, adopted at its forty-second ses- rights treaty, having been ratified or acceded sion in June 2006, highlights the obligation to by 192 States. Its 42 substantive articles set of all States to move quickly to prohibit and out civil, political, economic, social and cul- eliminate all corporal punishment and other tural rights, formulated to address the special cruel or degrading forms of punishment of needs of the child, defined by the CRC as every children, focusing on the legislative, aware- human being under the age of 18, unless major- ness-raising and educational measures that ity is attained earlier under national law.2 States must take.3 The CRC sets up a framework of legal prin- The General Comment makes clear that the ciples and detailed standards which should Committee does not reject the positive concept govern all law, policy and practice affecting of discipline, and recognises that parenting children. These include the promotion of pre- and caring for children, especially babies and 33 vention of violence, and responses to protect young children, demands frequent physical all children from all forms of violence. action and intervention to protect them. The Committee indicates that this is quite distinct Various articles of the CRC assert the rights from the deliberate and punitive use of force of children to physical and personal integrity, to cause some degree of pain, discomfort or and establish high standards for protection. humiliation to children. Article 19 requires that States which are parties to the CRC take “all appropriate legislative, administrative, social and educational “Addressing the widespread acceptance measures to protect the child from all forms or tolerance of corporal punishment of of physical or mental violence, injury or abuse, children and eliminating it, in the family, neglect or negligent treatment, maltreatment schools and other settings, is not only an or exploitation, including sexual abuse, while obligation of States parties under the Con- in the care of parent(s), legal guardian(s), vention. It is also a key strategy for reduc- or any other person who has the care of the ing and preventing all forms of violence in child.” The breadth of this obligation has been societies.” emphasised by the Committee on the Rights Committee on the Rights of the Child, of the Child. General Comment No. 8, para. 34 The Committee has also underlined the requirement that all violence against children be prohibited. This includes all forms of cor- Article 28(2) of the CRC requires that school poral punishment, however light. The Com- discipline be “administered in a manner con- mittee’s General Comment No. 8 on the Right sistent with the child’s human dignity and VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “Children are betrayed every day by silence, inaction, and impunity. Teachers who have sexually assaulted their pupils continue to teach. Police officers who have tortured children before witnesses remain on duty. Orphanage staff who subject children to shocking levels of cruelty and neglect suffer no consequences. Too often, children are victimized twice: first by the initial abuse, and again by the failure of authorities to hold perpetrators accountable.” Jo Becker, Editorial Board of the UN Secretary-General’s Study on Violence against Children

in conformity with the present Convention.” of exploitation prejudicial to any aspects of the In interpreting this provision, the Commit- child’s welfare” (article 36). tee underlines that it requires States parties to prohibit corporal punishment and all other Article 38, by which States parties undertake humiliating and harmful forms of discipline to respect and to ensure respect for the rules of in the educational context. international humanitarian law applicable to them in relation to children and armed conflicts, recalls the obligations laid down in the “…Children do not lose their human Geneva Conventions, while article 37 declares rights by virtue of passing through the that no child shall be subjected to “torture or school gates. Thus, for example, education other cruel, inhuman or degrading treatment or must be provided in a way that respects punishment,” nor sentenced to capital punish- the inherent dignity of the child, enables ment or to life imprisonment without possibility the child to express his or her views freely of release. Article 37 also prohibits all arbitrary in accordance with article 12(1) and to 34 or unlawful restriction of the liberty of children, participate in school life. Education must and sets out strict limits and conditions for any also be provided in a way that respects deprivation of liberty, which apply to any restric- the strict limits on discipline reflected in tion of liberty imposed for ‘welfare’ as well as article 28(2) and promotes non-violence in for ‘penal’ purposes. Article 39 obliges States to school…” take all appropriate measures to promote physi- Committee on the Rights of the Child, cal and psychological recovery and social reinte- General Comment No. 15 gration of child victims of violence. Together with article 37, article 40 on the Articles 32 to 36 entrench the child’s legal administration of juvenile justice sets out right to protection from various forms of detailed safeguards: children who come into exploitation: from economic exploitation and conflict with the law should be “treated in a from “any work that is likely to be hazardous manner consistent with the promotion of the or to interfere with the child’s education, or child’s sense of dignity and worth,” which, to be harmful to the child’s health or physi- combined with article 19, requires the State to cal, mental, spiritual, moral or social develop- ensure that children do not suffer violence at ment” (article 32); from “the illicit use of nar- the hands of State officials at any stage of the cotic drugs and psychotropic substances” and system. Treatment and punishments must not involvement “in the illicit production and traf- involve physical or mental violence of any kind. ficking of such substances” (article 33); from Wherever appropriate and desirable, there “all forms of sexual exploitation and sexual should be diversion from judicial systems; for abuse,” including prostitution and pornogra- children found guilty of infringing the law phy (article 34); from abduction, sale and traf- there should be a lternatives to institutiona l care, ficking (article 35); and from “all other forms “such as care, guidance and supervision orders; VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS 2

counselling; probation; foster care; educational any participation in these acts, including and vocational training programmes.” attempt and conspiracy be penalised in a way that takes into account the gravity of these Other provisions of the CRC are relevant offences. It also requires States to close any to the protection of children from violence. premises used for child prostitution and por- These include civil rights relating to freedom nography, and to seize and confiscate the proof expression, information, conscience and reli- ceeds of these activities, as well as any means gion, association, peaceful assembly, privacy used to facilitate them, and provides detailed and access to information (articles 12, 13, 14, provisions relating to the treatment of child 15, 16 and 17). Article 9 guarantees the child’s right not to be separated from parents unless victims. The Optional Protocol to the CRC it is in their best interests. Article 18 provides on the involvement of children in armed con- that States shall render appropriate assistance flict limits the recruitment of children under to parents and legal guardians in their perfor- 18 years of age in armed conflict, and obliges States to provide the children who have par- mance of their child-rearing responsibilities; 35 and under article 20, children deprived of a ticipated in armed conflict with any necessary family environment are entitled to special State physical and psychological rehabilitation and assistance and protection. Article 25 provides support for reintegration within society. for a right of periodic review of placement or The Committee on the Rights of the Child treatment. Obligations relating to adoption are has identified articles 2, 3, 6 and 12 as pro- set out in article 21, to refugee children in arti- viding general principles. In line with article cle 22, and to disabled children in article 23. 2, all rights in the Convention are available More general obligations – relevant particularly to all children without discrimination of any to the prevention of violence – are included in kind, and States parties are required to take all article 24 on the right to health and access to appropriate measures to protect children from health services; articles 28 and 29 on the right discrimination. to education and the aims of education; and The best interests of the child must be a pri- article 27 on the right to an adequate standard of living. mary consideration in all actions concerning children; thus all public and private bodies, The CRC is supplemented by two Optional courts and administrative authorities are Protocols, both adopted in 2000, which pro- required to consider the impact of actions vide more detailed protection for children from on children in order to ensure that the best particular forms of violence. The Optional interests of the child are properly considered Protocol on the sale of children, child pros- (article 3). The child’s inherent right to life titution and child pornography defines these and maximum capacity for survival and devel- violations. It also requires States parties to opment, envisaged by the CRC to include criminalise these activities and requires that physical, mental, spiritual, moral and social VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “In bringing to light the many issues of children facing violence, we realize that our plight is part of a larger worldwide struggle for the realization of human rights. Our cry is not to be treated specially but, rather, humanely, in accordance with the core values of human dignity that are the cornerstones of the Universal Declaration of Human rights. As global citizens we demand to be acknowledged as first and not second class human beings.” Declaration of children and young people, Regional Consultation, the Caribbean, 2005 II

since 1993, has provided substantial guidance “… interpretation of a child’s best interests on States’ obligations on violence against chil- must be consistent with the whole Conven- dren, in particular regarding recommendation, including the obligation to protect tions issued following its two days of general children from all forms of violence and the discussion on Violence against Children in requirement to give due weight to the child’s 20008 and 20019 and in its General Comments views; it cannot be used to justify practices, Nos 110 and 8.11 including corporal punishment and other forms of cruel or degrading punishment, The Committee has been pleased to note that which conflict with the child’s human dig- domestic courts, including constitutional and nity and right to physical integrity.” superior courts in many jurisdictions, have condemned violence against children in judge- Committee on the Rights of the Child, ments which increasingly draw on human General Comment No. 8 6 rights treaties, in particular the CRC, and the 36 output of the human rights treaty bodies. dimensions (article 6), is also identified as a general principle. Under article 12, the child “Children have rights no way inferior to has the right to express his/her views freely on the rights of adults. Fiji has ratified the all matters affecting them and to have their Convention. Our Constitution also guar- views given due weight in accordance with age antees fundamental rights to every person. and maturity. Government is required to adhere to prin- The Committee on the Rights of the Child, ciples respecting the rights of all individu- which has been considering reports from States als, communities and groups. By their status as children, children need special protection. Our educational institutions “… in conceptualising violence, the critical should be sanctuaries of peace and creative starting point and frame of reference must enrichment, not places for fear, ill-treat- be the experience of children themselves. ment and tampering with the human dig- Therefore children and young people must nity of students.” be meaningfully involved in promoting and strategising action on violence against Fiji Court of Appeal, 2002, in Naushad children”. v. the State, holding that corporal punishment in schools and the penal Committee on the Rights of the Child, system is unconstitutional 12 recommendations adopted following the day of general discussion on Violence against Children in the Family and Schools, 2001 7 VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS 2

INTERNATIONAL CRIMINAL, ficking are also included in the Conventions HUMANITARIAN, REFUGEE on the Elimination of Discrimination against Women and Rights of the Child, and the Inter- AND LABOUR LAW national Labour Organization’s Worst Forms The protection provided to children through of Child Labour Convention (1999), No. 182. human rights provisions is relevant at all In 2000, the General Assembly adopted the times. At the same time, the Rome Statute of United Nations Convention against Transna- the International Criminal Court, the four tional Organized Crime and its supplementary Geneva Conventions of 1949 and their two Protocols: the Protocol to Prevent, Suppress Additional Protocols of 1977 provide key and Punish Trafficking in Persons, Especially legal protection to children in internal and Women and Children, and the Protocol against international conflict. Children who meet the the Smuggling of Migrants by Land, Sea and definition of a refugee within the 1951 United Air. The Convention provides for coopera- Nations Convention relating to the Status of tion in investigation, mutual legal assistance, 37 Refugees and its 1967 Protocol have access to and extradition where trafficking is concerned. a wide array of rights and protections, includ- The Trafficking Protocol, now accepted by 105 ing legal aid and material protection, as well as States from all regions of the world (as of the the right not to be returned to the place where 6th of September 2006), includes the first inter- they face persecution. While not legally bind- national legal definition of trafficking, makes ing, the 1998 Guiding Principles on Internal provision for assistance and protection of vic- Displacement consisting of 30 principles, pro- tims of trafficking, and requires States parties vide protection and assistance for individuals to criminalise this activity, as well as to provide throughout displacement, and establish guide- assistance and protection for victims. It also lines for safe return, resettlement and reinte- sets out preventive measures in this context. gration. The Guiding Principles pay particular Specific rights and protection for children attention to the rights and needs of children, in the context of work are provided by the in particular girls, prohibiting sale of chil- numerous conventions elaborated by the Inter- dren into marriage, sexual exploitation, forced national Labour Organization, with particular labour and the recruitment or use of children protection being provided by the Minimum during hostilities. Age Convention (1973), No. 183 and the Worst Trafficking generally, including the trafficking Forms of Child Labour (1999), No. 182. of children, is addressed in the first consolidated instrument on this issue, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of Others which was adopted by the General Assembly in 1950. Provisions directed at the elimination of traf- VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “Fundamental rights, children rights are yet to be built, first and foremost at national level.” Françoise Tulkens, Judge of the European Court of Human Rights, April 2006 III

REGIONAL HUMAN RIGHTS “The Committee does not ﬁnd it accept- SYSTEMS able that a society which prohibits any form of physical violence between adults The international legal framework for the pro- would accept that adults subject children motion and protection of human rights and the to physical violence.” standards that it provides in respect of violence against children are reinforced by treaties which European Committee of Social Rights (2001). have been adopted regionally, by the Council of General observation in General Introduction Europe, the European Union, the Organization to Conclusions XV–2, Volume 116 of American States, the African Union, and mechanisms established to monitor and enforce them. The African Charter on the Rights of the In 2002, the Inter-American Court of Human Child is particularly relevant, as is the African Rights issued an Advisory Opinion on the Protocol on the Rights of Women adopted in legal status and human rights of the child: this 38 2004 which contains provisions directed at the indicates that States parties to the American elimination of harmful traditional practices, Convention on Human Rights are under an including female genital mutilation (FGM), obligation to adopt all positive measures to scariﬁcation, medicalisation of harmful tra- ensure protection of children against mistreat- ditional practices, and establishes 18 years as ment, whether in their relations with public being the minimum age for marriage. authorities or private individuals or with non- governmental entities.17 Regional human rights mechanisms, responsible for the oversight of these legal instru- In 2003, the African Commission on Human ments have addressed various forms of violence and Peoples’ Rights decided that lashing of against children. For example, the European students constituted cruel, inhuman or degrad- Court of Human Rights has found violations ing punishment and requested that the State of the European Convention on Human Rights concerned amend the law, abolish lashing as a penalty and take appropriate measures to com- in a number of judgements concerning cases 18 of corporal punishment in the penal system, pensate the victims. schools and the home.13 Other judgements of the Court have concerned sexual abuse, failures of child protection systems and juvenile justice.14 The European Committee of Social Rights, which monitors compliance with the European Social Charter and the Revised Social Charter, has held that these instruments require prohibition in legislation of any form of violence against children.15 VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS “Eradicating violence requires that the common aim and intrinsic connections between health and human rights are used to safeguard human dignity and improve well-being.” Dr Gro Harlem Brundtland, Former Director-General, WHO 2

tial section on violence against children in its “There is no right for individuals, and outcome document, “A World Fit for Chil- particularly the Government of a country dren.” The Millennium Development Goals to apply physical violence to individuals adopted by the Millennium Summit in 2000, for offences. Such a right would be tanta- and the Outcome of the 2005 UN Summit mount to sanctioning State-sponsored tor- also include agreements which are relevant to ture (under the African Charter on Human the elimination of violence against children. and Peoples’ Rights) and contrary to the very nature of this human rights treaty.” Non-legally-binding but highly persuasive instruments relevant to the context of vio- African Commission on Human and Peoples’ lence against children have also been adopted Rights, Curtis Francis Doebbler v. Sudan, within the framework of the governing bodies 19 Communication No. 236/2000 (2003) of the specialised agencies and other entities of the United Nations system. These include resolutions adopted by the governing bodies 39 NON-BINDING of the WHO (see box) and UNICEF. The INSTRUMENTS Executive Committee of the United Nations High Commissioner for Refugees (UNHCR) International and regional human rights trea- adopted a policy on refugee children in 1993, ties are supplemented by instruments which, and it has developed guidelines on the protec- although not legally binding, set standards or tion and care of refugee children, which pro- elaborate principles which are concerned with the vide detailed guidance aimed at ensuring that eradication of violence against children. Within child refugees are protected from physical and the United Nations, rules and guidelines have sexual violence, especially when they are living been adopted on the administration of juvenile in large refugee camps. justice (the Beijing Rules, 1985), the prevention of juvenile delinquency (the Riyadh Guidelines, By becoming party to international and regional 1990) and the protection of juveniles deprived treaties, States incur legally binding obligations of their liberty. The 1993 United Nations Dec- to respect, protect and fulﬁl the rights they laration on Violence against Women deﬁnes have said they comply with. They are required gender-based violence, and provides guidance to refrain from interfering in the enjoyment of to States on the steps that should be taken to rights, protect individuals from violence by non- address violence against women and girls. State actors, and take positive steps to ensure that human rights can be exercised. The outcome of United Nations world confer- ences and their reviews by special sessions of Where violence against children is concerned, the General Assembly also address violence Governments are required to take immediate against children. The 2002 General Assembly and positive steps to prevent and eliminate special session on children includes a substan- all forms of violence against children and to VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS REGIONAL TREATIES RELEVANT TO VIOLENCE AGAINST CHILDREN*

Organization of American States: Inter-American Convention to Prevent and Punish Torture Inter-American Convention on the Forced Disappearance of Persons Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities. Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women ‘Convention of Belém Do Pará’ African Union: African Charter on Human and Peoples’ Rights Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa African Charter on the Rights and Welfare of the Child 40 South Asian Association for Regional Cooperation (SAARC): Convention on Regional Arrangements on the Promotion of Child Welfare Social Charter Regional Convention on Combating the Crime of Trafficking in Women and Children for Prostitution League of Arab States: Arab Charter on Human Rights (adopted 1994, revised 2005; not yet in force) European Union: Communication from the Commission: Towards an EU Strategy on the Rights of the Child, Brussels, 4.7.2006, COM (2006) 367 final Communication from the Commission to the European Parliament and the Council: Fighting trafficking in human beings – an integrated approach and proposals for an action plan, Brussels, 18.10.2005, COM (2005) 514 final Council of Europe: European Convention for the Protection of Human Rights and Fundamental Freedoms European Social Charter and the Revised European Social Charter Additional Protocol to the European Social Charter Providing for a System of Collective Complaints European Convention for the Prevention of Torture and Other Inhuman and Degrading Treatment or Punishment Convention on Cyber Crime Council of Europe Convention on Action against Trafficking in Human Beings

*This list is not exhaustive VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS 2

THE WORLD HEALTH ORGANIZATION

The activities of the World Health Assembly in relation to violence against children also reflect commitment by Governments and constitute a strong platform to address violence against children which complements human rights. The public health mandate for addressing violence against children is grounded in the World Health Organization’s broader mandate for prevention of all forms of violence. The World Health Assembly, governing body of the World Health Organization, in resolution WHA 49.25 (1996), declared violence to be a leading worldwide public health problem and expressed particular concern at levels of violence against women and children; it urged Member States to assess the problem of violence, and requested that WHO present a plan of action for the prevention of violence. The World Health Assembly endorsed the plan of action and called for its further development (resolution WHA 50.19). 41 In response to these resolutions WHO prepared the first world report on violence and health, launched in 2002. The World Report on Violence and Health described the extent of violence as a global public health problem, set out a public health-oriented prevention strategy, and made nine recommendations. The report inspired the World Health Assembly to adopt a resolution (WHA 56.24) urging Member States to promote the report recommendations, appoint a ministry of health focal point for violence prevention, and prepare a national report on violence and violence prevention. respond to it effectively if it occurs, ensur- International law thus provides a powerful, ing that perpetrators do not enjoy impunity. overarching legal framework which demands a States are required to ensure that their authori- multifaceted response. Required responses will ties, such as the police or teachers in State-run vary according to the type of violence and the schools do not perpetrate violence against chil- setting in which it occurs. They will include dren through the adoption of legislative and public health responses, which emphasize pre- other measures to prevent such acts through, vention, criminal law responses, compensation, for example, training police and other State education, health or legislative approaches.20 officials in investigation techniques which do not involve violence. They are also required to The existing standards in international law adopt legislative and other measures to protect relevant to violence against children are com- children and to prevent and to deter parents, prehensive and detailed. The challenge is to legal guardians and other non-State actors from ensure that all States implement their obli- a violating children’s rights through violence. gations. The systemic and widespread nature VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS of violence against children in all its forms REFERENCES and all its settings must be recognised and acknowledged. Thereafter, appropriate and 1 UNICEF (2005). UN Human Rights Standards and effective legislative, policy and programmatic Mechanisms to Combat Violence against Children: A Contribution to the UN Secretary-General’s Study on responses must be put in place, implemented, Violence against Children. Florence, UNICEF Innocenti monitored and consistently modified so as to Research Centre. respond effectively and urgently to this mas- 2 UNICEF (2001). Implementation Handbook for the sive global issue. Convention on the Rights of the Child, Revised edition. Geneva, UNICEF. 3 Committee on the Rights of the Child (2006). General Comment No. 8. The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment, (articles 19, 28(2) and 37, inter alia), CRC/C/GC/8. 42 4 Committee on the Rights of the Child (2006). General Comment No. 8. The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (articles 19, 28(2) and 37, inter alia), CRC/C/GC/8, para 3. 5 Committee on the Rights of the Child (2001). General Comment No. 1. The Aims of Education. CRC/GC/2001/1, para 8. 6 Committee on the Rights of the Child (2006). General Comment No. 8. The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (articles 19, 28(2) and 37, inter alia), CRC/C/GC/8, para 26. 7 Committee on the Rights of the Child (2001). Recommendations Adopted Following the General Discussion Day on Violence within the Family and in Schools. Report on the 28th session, September/October 2001, CRC/C/111. 8 Committee on the Rights of the Child (2000). General Discussion Day on the State of Violence against Children. Report on the 25th session, September/ October 2000, CRC/C/100. 9 Committee on the Rights of the Child (2001). General Discussion Day on Violence within the Family and in Schools. Report on the 28th session, September/ October 2001, CRC/C/111. VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS 2

10 Committee on the Rights of the Child (2001). 19 African Commission on Human and Peoples’ Rights General Comment No. 1. The Aims of Education, (2003). Curtis Francis Doebbler v. Sudan. African CRC/GC/2001/1. Commission on Human and Peoples’ Rights, Communication No. 236/2000, para. 42. 11 Committee on the Rights of the Child (2006). General Comment No. 8. The Right of the Child to Protection 20 Krug EG et al. (Eds) (2002). World Report on Violence from Corporal Punishment and Other Cruel or Degrading and Health. Geneva, World Health Organization. Forms of Punishment (articles 19, 28(2) and 37, inter alia), CRC/C/GC/8. QUOTES 12 Fiji Court of Appeal (2002). Naushad Ali v. State. Cited in: Committee on the Rights of the Child (2006). I Council of Europe (2006). Monaco launching General Comment No. 8. The Right of the Child to conference for ‘Building a Europe for and with Protection from Corporal Punishment and Other Cruel or Children’, 4-5 April 2006. Available at: Degrading Forms of Punishment (articles 19, 28(2) and http://www.coe.int/t/transversalprojects/children/ 37, inter alia), CRC/C/GC/8. events/monacoLaunch_en.asp 13 UNICEF (2005). UN Human Rights Standards and II United Nations Secretary-General’s Study on Violence Mechanisms to Combat Violence against Children: against Children (2005). Regional Consultation Outcome 43 A Contribution to the UN Secretary-General’s Study on Report: the Caribbean, p 22. Available at: www. Violence against Children. Florence, UNICEF Innocenti violencestudy.org/r27. Research Centre. III Council of Europe (2006). Monaco launching 14 UNICEF (2005). UN Human Rights Standards and conference for ‘Building a Europe for and with Mechanisms to Combat Violence against Children: Children’, 4-5 April 2006. Available at: A Contribution to the UN Secretary-General’s Study on http://www.coe.int/t/transversalprojects/children/ Violence against Children. Florence, UNICEF Innocenti events/monacoLaunch_en.asp Research Centre. 15 European Committee of Social Rights (2001). Conclusions XV-2, Volume 1. General Introduction: General observations regarding Articles 7 para. 10 and 17, pp 27 et seq. 16 European Committee of Social Rights (2001). Conclusions XV-2, Volume 1, General Introduction: General observations regarding Articles 7 paras 10 and 17, p 27. 17 Inter-American Court of Human Rights (2002). Advisory Opinion OC-17/2002, Legal Status and Human Rights of the Child. 28 August 2002, paras 87 and 91. 18 African Commission on Human and Peoples’ Rights (2003). Curtis Francis Doebbler v. Sudan. African Commission on Human and Peoples’ Rights, Communication No. 236/2000. VIOLENCE AGAINST CHILDREN AND INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS UNICEF/HQ01-0432. Claudio Versiani Claudio UNICEF/HQ01-0432.

Brazil, 2001, Maria (name changed), 6, hides her face in a pillow, in a room at CEDECA, the Centre for the Defense of Children and Adolescents, in a major city in Brazil. Maria was the victim of child abuse. Behind her is a six-year-old boy who is also being treated at the centre, to help him recover from abuse of his older sister. scooia ilne61 violence Psychological eulvoec 54 56 marriage child and relationships intimate violence in Sexual Sexual violence amu rdtoa rcie 60 traditional practices Harmful rtciefcoswti h oe72 home the within Protective factors elc 54 Neglect ute itmsto 65 66 64 63 economic and consequences Social Further victimisation over longer term the Consequences psychological and physical consequences: Developmental aiyrltdfcos68 67 70 Societal and cultural factors Family-related factors Child-related factors Responses to violence against children in the home and family home the and in children against violence to Responses violence to contributing Factors The consequences of violence children against problem of the extent and Nature context and Background Human rights instruments Introduction te om fculo erdn uihet74 punishment or ofother forms degrading cruel Laws on corporal punishment and hsclvoec 51 violence Physical ea eom74 Legal reform rvlneo hl arae57 Prevalence of child marriage eaegntlmtlto/utn FM 60 (FGM) mutilation/cutting genital Female ilnerltdt eulbhvoradpretoso oor56 of perceptions honour and behaviour to sexual Violence related hscl euladpyhlgclvoec 58 violence psychological and sexual Physical, oiie51 52 violence physical Non-fatal Homicide VIOLENCE AGAINST CHILDREN IN THEHOMEANDFAMILY 3 48 66 50 50 63 47 73

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 45 Other areas for legal change 75 Prevention strategies 76 Support for parents and families 77 Programmes for and with children 80 Social policy 81 Other strategies 82 Intervening when violence becomes known 83 46 Detection of violence against children in the family 83 Treatment for victims of violence 84 Reporting by professionals 85 Intervention in the best interests of the child 85 When alternative care is necessary 87 Advocacy and public education 87 Eliminating harmful traditional practices 88 Improving information for policy development and action 90 Recommendations 92 References 96 VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE activities and those of State agents, and requires requires and of agents, those State and activities the rights of children extends beyond its direct fulfill and protect torespect, responsibility State home. stop door atthe of family the do not touphold rights obligations State these –and –children’s rights rity adults’ equal and integ- physical and dignity for human respect a‘private’ to full as sphere. rights But human societies most in perceived still is what in vene tointer- areluctance is There forms. its all in family of context the the in most difficult is mented. violence Challenging children against docu- to and beacknowledged only begun –has neglect deliberate as well violence, as cal psychologi- and sexual members –physical, other closefamily and by parents children children. The prevalence of violence against young for and babies particular in and dren for chil- places bedangerous can But families support families. and respect to fully State group of unit society. CRC the The requires fundamental the being as family the proclaim Rights Cultural and Social Economic, on nant Cove- International the and Rights Political and on Civil Covenant International the and Rights on Human Declaration Universal the –while for children its members –particularly of all well-being and ronment growth for the envi- natural the is family the that is (CRC) of the Convention on the Rights of the Child assumption Abasic to protectdren themselves. empower chil- also can of violence. Families forms all from children for protecting potential widely, defined hold greatest the Families, INTRODUCTION “With these two hands my mother holds me, cares for me, this I love. Ilove. this me, for cares me, holds mother my hands two these “With But with these two hands, my mother hits me – this Ihate” –this me hits mother my hands, two these with But Girl, East Asia and the Pacific, 2005 Pacific, the and Asia East Girl, those aged five to aged 14.those of risk the one to four, aged twice and children than byhomicide, invariably parents, almost of risk the times three around face of age year one under infants investigated, and recorded most rigorously are deaths where child industrialised States, some In home. the in violence to tend more tobe Younger vulnerable children to it violence if occurs. responding tion, and protec- adequate providing by violence prevent to programmes policies and of laws, framework children’s It to obliged put a is place rights. in do not others violate and guardians legal ents, the adoption of measures to ensure that par- the age of seven. age the ataround operation, usually this undergo girls of over 90% Africa, Eastern and of North parts in widespread: remains (FGM) tion or cutting mutila- genital female efforts, advocacy tion and some Despite in countries. legisla- occur codes, lescent girls, having regarded breached as moral of ado- killings’ ‘honour So-called States. many common in is marriage early and forced within by peopleviolated the Forced to them. closest sex and harassed sexually are children of proportion substantial a that acknowledged increasingly it is violence been studied, has sexual that Everywhere recognised. recently very only consequences, serious members, has itself in which family many children witness violence between adult violence, direct the to addition In rejection. or isolation belittling, abuse, other of forms verbal or name-calling persistent insults, ing threats, include endur- These family. the within suffer children which violence of forms non-physical damaging equally potentially and degrading and other cruel are there degrading, is ishment 2,3 1 While all physical pun- physical all While I 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 47 “The Study marks a watershed in adult relationships with children. In just a few years time, we should be looking back with shame and bewilderment at the fact that in the early years of the second millennium, governments and individual adults were still justifying - even promoting - hitting and deliberately hurting babies and children as lawful and legitimate.” Peter Newell, Editorial Board of the UN Secretary-General’s Study on Violence against Children

Sexual and gender-based violence has pro- and girls are encouraged to be passive, compli- found implications in the era of HIV/AIDS, ant caregivers. These gender-based stereotypes and also compromises self-esteem, psychologi- support the use of violence and coercion that cal and emotional health. The implications perpetuates gender inequalities. of all forms of home and family violence for future development, behaviour and well-being This chapter discusses the various types of in adulthood, and for future parenting, are physical, psychological and sexual violence profound. In addition, home is the place where that occur in home and family settings, their gender-based inequalities are ﬁrst experienced impacts on children, and the wide range of by children, and where future power-imbal- responses that can be used to reduce and ulti- anced relationships are modelled, or chal- mately eliminate this violence. lenged. Boys may be encouraged to become aggressive and dominant (‘takers’ of care),

HUMAN RIGHTS INSTRUMENTS

The adoption of the Convention on the Rights of the Child (CRC) in 1989 conﬁrmed that children too are holders of human rights. The CRC claims, on the one hand, children’s right to individuality and to have their views on all matters which affect them taken seriously; and on the other, in the light of their developmental state and vulnerability, rights to special care and protection. The CRC makes clear that wherever possible children should be raised within their family; and where the family is unable to care for and protect them adequately, an alternative family-type environment should be

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE provided. Therefore the CRC uncompromisingly asserts that the family is the primary site for children’s healthy, loving and safe upbringing. However, this role must be fully underpinned and supported by the State, including by stepping over the family threshold to intervene when necessary, in the best interests of the child. The balance between the responsibilities and duties of families and of States to provide children with the necessary protections for their development is addressed in several articles of the CRC. Article 18 expresses the balance as follows: “…Parents or …legal guardians, of punishment and control,” discussed later in this chapter). this control,” in of later and punishment discussed forms or degrading other cruel and punishment to protection fromcorporal child the of right on Comment Committee’s “The by No. the underlined 2006 General been 8, instruments requiring as their prohibition and elimination (most recently, has this rights CRC of other human the interpretation despite consistent and the States, many in accepted socially and legal Violent incest. of forms and remain discipline marriage, of violence, child severe cases in even to intervene reluctant remain countries many in enforcement home officials Law the family. violence in and to address mechanisms referral and reporting and structures, policies, with together children, violence against prohibiting laws all necessary have the put place States in Few deterrence. effective ing to supply protection, adequate includ- measures other necessary of and law framework of acts vidual violence children by parents against or others, it is required to provide a responsible for indi- beheld directly cannot State the While when it occurs. effectively of to respond forms violence to and violence to prevent both all States CRCThe requires marriage. early forced and/or FGM and for example article 24 requires States to take action to end traditional harmful practices, including or treatment punishment;” or degrading or inhuman other cruel, tosubjected torture be shall “No child 37 states: article trafficking; and from sale and abuse, and tation exploi- 35 and 34 protection seek from sexual articles support children; for disabled special 23concerns family. Article from the separated been or has parentless is a child where care for alternative State’s 21 arrangements the and to make address obligations 20 of child.” the Articles care or other person any who has guardian(s) legal parent(s), of care the in while abuse, or exploitation, sexual maltreatment including treatment, or negligent neglect abuse, and violence, or injury mental of forms physical all “from children’s 19 to protection right Article asserts domestic arena. the in welfare child arbiter of final itsrole as establishes home and family, ofthe forms violence in and all against toprotect children State tothe authorisation CRCThe provides clear therefore of violence. cases in including of child, the interests best the in necessary is separation such that when determine competent authorities except will” their against or her from his parents not “A beseparated shall 9states: child children.” Article cerning con- actions all consideration in beaprimary shall “the of child interest the best that 3requires responsibilities.” Article child-rearing of their performance the in guardians legal and to parents render appropriate assistance shall “… 2: parties States paragraph in development and child,” of for upbringing the the and responsibility primary have the 4 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 49 “I was forced to marry with an old man of over 30 years who had raped me.” Girl, 16, Eastern and Southern Africa, 2005 II

BACKGROUND AND negative effects for children, and often lead to CONTEXT permanent family break-up.10 Single-parent households may also have the stress of economic In most parts of the world, the family as an disadvantage, and the added burden of child- institution is itself changing or evolving in the care responsibilities, especially where other light of social and economic pressures. The extended family support is not available.11,12,13 pace of urbanisation, especially in sub-Saha- In Southern Africa where HIV/AIDS also ran Africa (nearly 6% a year) and in Asia (3– exerts stress on families, fathers are reported 4%),5 has important implications for family absent in 42% of households.14,15,16 Heavily living patterns and make-up. One in three AIDS-affected countries have also seen the city dwellers – nearly one billion people – live emergence of ‘child-headed households’ where in slums. Crowded living conditions, and the orphaned children are left managing the home necessity for cash income to meet all family and struggling to provide for siblings. needs, create circumstances of stress very dif- 50 ferent from the life of rural subsistence.6 NATURE AND EXTENT OF In industrialised countries, family make-up is THE PROBLEM less stable and also taking new forms, and the nature of ‘family life’ is undergoing change. Forms of violence to which a child will be Where income gaps have widened or there has exposed vary according to age and stage of been rapid social change, levels of interpersonal development, especially as the child starts to 17,18 violence tend to rise.7 In many parts of the interact with the world outside the home. world there has also been a loss of protection Infants and young children are more likely to from kin, community and informal employers be victimised by primary caregivers and other or ‘patrons’ that families traditionally relied family members because of their dependence on upon.8 Market-based social policy reforms of adult caregivers and limited independent social the 1990s and early 2000s have exacerbated interactions outside the home.19 As children pressures, especially on women, by reducing develop, they grow in independence and spend the already limited access of poorer families to increasing amounts of time outside the home health care, pensions, schooling, and care for and away from family; therefore older children VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE small children and the elderly. are more likely to be victimised by people outside their home and family. However, there are Economic pressures on low-income families many overlaps in terms of age as well as forms in all regions have also led to significant levels of violence, and in terms of perpetrators. of migration – seasonal, temporary or permanent – by one or other parent, either to town or In the home and family setting, children another country, to earn and send remittances experience assaults and other acts of physi- home.9 Unprecedented levels of mobility lead cal violence, sexual violation, harmful tradi- to protracted periods of family separation, with tional practices, humiliation and other types and in Eastern and Western and Asia. Eastern in and of Europe, countries high-income lowest the in the and America, Northern and Africa Saharan sub- found of in five are age the under children in of homicide rates highest the estimates, WHO to According more or rarely, battering. choking include intentional suffocation, and shaking, causes Other organs. or head internal tothe the The most frequent causes of death are injuries to member. by a close family becaused will death their more the likely child, the younger 5to 14. double of aged those face risk the The 1to 4,who for turn aged in those old than year one under for children greater times about three is of death risk the that suggest OECD countries from Data group infants. is second high-risk The most atrisk. is group that age the olds are 15–17-year- of victim, the to age according ysed anal- are where homicide countries In statistics Homicide PHYSICAL VIOLENCE in-laws. their and marriage) of child case the (in spouses family, extended carers, family alternative include also can and step-parents, and parents include circle home the in violence of petrators Per- well-being. to child’s support the services welfare and health child to utilise failure and visitors; acts of stigma or gross discrimination; or neighbours, friends, of hands the at violence to preventable exposure from child protect the to failure as of such omission, acts include can as assaults and other physical violence, well these As neglect. and violence, psychological of the proportion of child homicides occurring in in proportion homicidesthe of occurring child 22 Estimating 20,21 than official records suggest. records official than more often far death in results members family widely agreed that violence against children by Ithomicides, is or not perhaps atall. recorded not as recorded are that deaths child young and infant in play apart often –may neglect ing one violence in –includ- form or another that assumed It is generally. mortality under-five of rates by high the may become obscured and known, not is accurately tochildren violence of extent fatal the not or recorded investigated, are deaths Where most countries. in lacking are which deaths, of child systems surveillance cated sophisti- requires setting homethe family and a few trends emerge. trends a few in New Zealand, Switzerland, and the USA), (for example exist data reliable sufficient Where killed bykilled members. family been have to victims male as likely as twice were victims female found that A US study orfriend, by victim. other to people the known by astepparent, by aparent’s or girl- boyfriend committed are of 10 age under years children to 19. proportion of homicides of Asubstantial 15 aged to 14, of of murders 5% children and 10 aged of murders of children to about 20% are by family 10 under aged to 75% of of children murders members, this 50% approximately mother.quently the While proportion by one fre- trated or parents, of child’s both the drops of perpe- one age are the under of children ders majority The of factors. mur- risk important are sex and Age family. the with closely associated people members and by family perpetrated than children ageddren 10 to 19 under of severe 10 violence are at significantly greater risk risk of murder by immediate family mem- 24,25,26,27,28 23 29 Although girls’ girls’ Although In general, chil- 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 51 “One day I went to put the cows to graze and one cow got lost. When I returned home, my father beat me almost to death and I sustained wounds all over my body” Boy, 17, Eastern and Southern Africa III

bers appears to decline after the age of 10, the (as discussed above), in disability, or in severe data suggest that they face increased risk of physical injury. In other cases, physical vio- murder by intimate partners (dating partners lence may leave no outwardly visible sign of or spouses) or by the families of the intimate injury. In all instances, however, physical vio- partner. Moreover, in regions where early mar- lence has a negative impact on a child’s psy- riage and so-called ‘honour killings’ against chological health and development. women are common, it is probable that the proportion of murders of girls by family mem- Surveys from around the world suggest that bers may remain stable or actually increase in physical violence against children in the home the 10 to 14- and 15 to 19-year age groups. is widespread in all regions. For example, in a Further research is needed to conﬁrm whether survey of students aged 11 to 18 in the Kurd- this is so. istan Province of the Islamic Republic of Iran, 38.5% reported experiences of physical violence In some parts of South Asia, high rates of at home that had caused physical injury ranging 52 murder of girls within a few days of birth have from mild to severe.31 A review of research on been reported, with these deaths often dis- physical victimisation of children in the Repub- guised and registered as a still birth. A study lic of Korea found that kicking, biting, choking in India, interviewing 1,000 women regard- and beating by parents are alarmingly common, ing pregnancy outcomes, found that 41% of with a high risk of physical injury – and for a the early neo-natal female deaths are due to small proportion, disability – as a result.32 In female infanticide. Although the practice is the UK, a national survey found that moth- apparently not limited to India, one study in ers and fathers were most often responsible for Tamil Nadu estimated that 8–10% of infant physical violence, although violence by siblings deaths in 1995 could have been due to female was also reported.33 infanticide.30 Further research is required to better understand the nature and extent of the Corporal punishment is deﬁned by the Com- phenomenon across countries. mittee on the Rights of the Child as “any punishment in which physical force is used Non-fatal physical violence and intended to cause some degree of pain or 34

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE Physical violence is the intentional use of phys- discomfort, however light.” While growing ical force against a child that either results in global concern over the prevalence of corporal or has a high likelihood of resulting in harm punishment in the home – perpetuated by its to the child’s health, survival, development or widespread legality and social approval – has dignity. Children around the world experi- fostered interest in understanding its prevalence ence hitting, kicking, shaking, beating, bites, and forms, it has also generated debate. Most burns, strangulation, poisoning and suffoca- corporal punishment involves hitting (‘smack- tion by members of their family. In extreme ing’, ‘slapping’, ‘spanking’) children, with the cases this violence can result in a child’s death hand or with an implement – whip, stick, belt, or teach them self-discipline or promote any alternative.” any promote or behave, to self-discipline want to them teach or children help not does it behaviours: certain into children frightens misbehaviour if theyfrequently face do not remember an why they are imminent hit, and children will only refrain from the children threat may comply with adults’ wishes of immediately being after being hit, “young children while hit. that positive. suggested report The anything accomplished punishment such This sort of punishment that idea the with disagreed children the overwhelmingly, found that report resulting contribution world Study. to aspecial the the around as The children ishment with The Save the Children conducted Alliance research on physical and humiliating pun- WHAT CHILDREN THINK ABOUT PUNISHMENT CORPORAL child.” the or ridicules scares ens, threat- scapegoats, denigrates, humiliates, tles, include, for punishment belit- example, which and thus incompatible with the CRC. These degrading and cruel also are which punishment other non-physical of forms are addition, there poral punishment is invariably degrading. In cor- of Committee, the view “In the ments: com- Committee The hot spices). to swallow dren’s out soapor mouths them forcing with chil- forced (for washing ingestion example, uncomfortable positions, burning, scalding or hair or boxing ears, forcing pulling children biting, pinching, scratching, children, to stay in for example, or shaking throwing kicking, shoe, wooden involve, spoon, But etc. also it can ‘never’ agoodsolution to problems at home. was ‘hitting’ that over said 75% of Asia, children Central and Europe in UNICEF to be hit and humiliated by those who professed to love and care for who by them. those professed to love care and humiliated to behit and it was how hurtful done underlined had They wrong. of they what proper explanation a offered being including of discipline, for other methods called repeatedly children 35 42 In Regional Consultations for the Study, for the Consultations Regional In ful and 86% that it ineffective, is that 86% and ful harm- is spanking of59% people that believed found that study aCanadian While studies. corporal punishment, according to available of effectiveness and use about the views lar popu- in variations considerable are There thought corporal punishment ‘necessary’. punishment corporal thought of parents 90% Republic found of that Korea with the most beating. common the form being with family, the in discipline of method main the is said that physical and humiliating punishment a report from Yemen, almost of 90% children with a good hard spanking.” agood hard with child a discipline to necessary sometimes is “that it agreed 84% found USA that the in 41 In a survey undertaken by 37,38 A study in the in Astudy 3 36 research research 39 In

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 53 NEGLECT vices less often, and later in the course of any illness.45 A study from Nepal into outcomes of Neglect is an important contributor to death polio infection in the population found that and illness in young children. Neglect means several years later, the survival rate of boys was the failure of parents or carers to meet a child’s twice that of girls, despite the fact that polio physical and emotional needs when they have affects equal numbers of males and females, the means, knowledge and access to services thus suggesting gender bias in care.46 In China, to do so; or failure to protect her or him from the sex ratio is unbalanced in favour of boys exposure to danger. However, in many set- (117 to 100), with this being contributed to by tings the line between what is caused deliber- infanticide.47 ately and what is caused by ignorance or lack of care possibilities may be difficult to draw. SEXUAL VIOLENCE The degree to which neglect influences child mortality rates in many parts of the world The WHO estimates that 150 million girls 54 is unknown (with exceptions, including the and 73 million boys under 18 have experi- ‘missing girls’ phenomenon; see below). enced forced sexual intercourse or other forms of sexual violence involving physical contact,48 Cases of neglect are difficult to interpret in cir- though this is certainly an underestimate. cumstances of poor public health and under- Much of this sexual violence is inflicted by nutrition. In some industrialised countries, family members or other people residing in neglect constitutes the largest proportion of child or visiting a child’s family home – people nor- maltreatment cases reported to the authorities. mally trusted by children and often respon- Studies in these countries confirm that forms of sible for their care. violence and neglect interconnect.43 All of the Regional Consultations for the Study expressed A review of epidemiological surveys from 21 concern about neglect of children with dis- countries, mainly high- and middle-income abilities; although there is little quantitative countries, found that at least 7% of females evidence, it is known that these children are at (ranging up to 36%) and 3% of males (rang- high risk of neglect, from deliberate withhold- ing up to 29%) reported sexual victimisation 49 ing of basic physical necessities to emotional during their childhood. According to these VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE isolation and lack of stimulation. studies, between 14% and 56% of the sexual abuse of girls, and up to 25% of the sexual Research on sex differences in neglect in abuse of boys, was perpetrated by relatives or India suggests that girls suffer relatively more step-parents. In many places, adults are outspo- neglect than boys throughout early child- ken about the risk of sexual violence their chil- hood. They are breast-fed less frequently than dren face at school or at play in the community, boys and for shorter duration; once weaned, but rarely do adults speak of children’s risk of they are given food of an inferior quality and sexual abuse within the home and family con- quantity.44 Girls are also taken to health ser- text. The shame, secrecy and denial associated of 15of years. not did to want they do, age before the sexual them sexually someone if touched asked had and Tanzania), United the Republic and of Thailand, tenegro, or made former the Mon- Serbia and Samoa, Namibia, them Japan, Peru, Ethiopia, Brazil, (Bangladesh, tries do somethingviewed more than 24,000 women in 10 coun- inter- study multi-country WHO A recent killed. and beaten frequently – and violence blamed riskbeing who sexual disclose be viewed as weak and unmanly, and girls honour, violence boysmay who sexual disclose about masculinity, femininity and family communities and families with rigid norms Adults may alsoreject fail them, or that they to will not be believed. report suchfamilies, that their families will be ashamed or abuse. In are afraid they because of home at what will experience they happenlence to them and theirMost vio- do children not report sexual the achild. abusing sexually someone is know they suspect they if say or do to what know not do home, the violence where in adults and sexual of about risk do the not adults speak suffered, have they abuse sexual about speak cannot dren of where silence, chil- culture foster apervasive with sexual violence familial against children generally higher than those against boys. against those than higher generally are girls violence against of sexual rates that reveals studies of international but comparison boys and girls are vulnerable to sexual violence, trated by family members is extremely high: extremely members is by family trated proportion abuse perpe- of sexual childhood • In the two Brazil sites, city and province, province, and sites, city Brazil two the In 12% and 9% respectively of the women of the respectively 9% and 12% “When I was like twelve, I thought I was pregnant by my father. I contemplated suicide because suicide Icontemplated father. my by pregnant Iwas Ithought twelve, like Iwas “When 54 In some of these countries, the I was just saying to myself. “How am I going to explain this to people?” people?” to this explain to Igoing am “How myself. to saying just Iwas I mean, I was twelve years old. Nobody is going to believe me.” believe to going is Nobody old. years twelve Iwas I mean, 50,51 Both 52,53 children. For example: the family perpetrate sexual violence against of friends and cousins, grandparents, siblings, uncles, and aunts caregivers, parents, that firms con- research Other perpetrators. as named Male friends members. family female and fathers fathers, of by step- followed uncles), (brothers, members family weresexual violence towards girls were male family alsoThe most commonly reported perpetrators of commonly Young girl, North America, 2005 America, North girl, Young • • • • • In the two Peruvian sites, city and and sites, city Peruvian two the In 21% Namibia, In of women the In the Occupied Palestinian Territory, Occupied Palestinian the In of 13- study national aRomanian In of 15 women astudy In aged to 49 family member was the perpetrator. the member was family a that reported 54% and 66% these, Of abuse. sexual reported childhood perpetrators being members. family 41% and 54% with abuse, of the women sexual reported childhood 19.5%province, 18% and of the perpetrator. the member was afamily that 47%these, indicated Of abuse. sexual reported childhood sexual violence against them by an by an them violence against sexual one of act atleast reported students college undergraduate 19% of surveyed member. by afamily raped been had 1% they and reported family the in violated reported hadbeen sexually they 14-year-olds, of children the and 9% arelative. was perpetrator of the 15 age to the that reported years, prior will their against have intercourse to or forced persuaded being reported 21% of women Africa, South in who IV 55 3 56

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 55 “I was just 15 years old and was studying in Grade 9 when my dreams shattered. I was attacked with acid for refusing a marriage proposal. You can imagine the physical pain of having acid thrown over your face and body, but the pain of social stigma is worse than physical pain and can last forever.” Acid victim, South and Central Asia, 2005 V

immediate family member prior to the In some cultures, suspected loss of virginity of age of 16. A further 36.2% reported a female member of the family, including as sexual abuse by a relative at least once. a result of rape, is perceived as compromising Males and females reported similar family honour, and may lead to her murder by rates of childhood sexual abuse.57 family members. In Pakistan, human rights • In a study of university students in the organisations report that there were over 1,200 Hong Kong Special Administrative cases of so-called ‘honour killings’ in 2003 Region of China, 4.3% of males and alone.62,63 They also occur in Jordan, India, 7.4% of females reported experiencing Libyan Arab Jamahiriya, the Occupied Pal- one or more incidents of sexual violence estinian Territory, Turkey, Iraq, and Afghani- before the age of 17 years. Perpetrators stan; and in countries with populations origi- were strangers in less than one-third of nally from Asia and the Middle East. UK data cases.58 suggest that around 12 of these killings occur • An analysis of child protection files in there every year.64 These deaths are thought 56 Spain from 1997 and 1998 showed that to represent only the extreme end of a much 3.6% of abuse cases involved sexual larger problem of intimidation and violence.65 abuse, and 96% of the perpetrators Extreme violence may be perpetrated against of sexual abuse were family members girls and women who do not respond in stereo- or relatives. Fathers and stepfathers typical ways. Rejection of romantic overtures or accounted for the largest proportion of marriage proposals, for example, may prompt a persons responsible for sexual abuse, violent reaction. The proportion of acid attacks followed by mothers and uncles or on women and girls in Bangladesh, currently aunts.59 estimated at around 120 every year,66 related to • In Somalia, 20% of the children refusal of a relationship or marriage proposal reported to one study that they knew of was reported as amounting to 17% in 2003.67 a sexual assault against a child in their Most of the girls come from poor households, family.60 and attacks often occur on the way to school or Violence related to sexual behaviour during collection of water or fuel. and perceptions of honour VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE SEXUAL VIOLENCE IN INTIMATE In some circumstances, girls are regarded as RELATIONSHIPS AND CHILD complicit in cases of sexual violence against MARRIAGE them and they, rather than their abusers, are held responsible for any sexual act, forced, For a large number of girls – and some boys violent or otherwise. In some countries, a girl – the first experience of sexual intercourse in older than 12 can be punished severely in cases adolescence is unwanted and even coerced, of rape and other sexual assaults if the perpe- and a proportion of these rapes occur in the trator denies it, and there is no witness.61 context of intimate partnerships and under- has echoed this proposal, and frequently rec- frequently and proposal, this echoed has of Child the on Rights the Committee The should be18. girls for boys and both marriage for age minimum the that that recommended Women against (CEDAW)of Discrimination relations, the Committee on the Elimination eral Recommendation on equality and family its 1994 In for Gen- marriage. age a minimum to specify betaken shall legislation, including action, necessary all that and effect, no legal have shall of achild marriage the that vides Women against pro- Forms of Discrimination The Convention on the Elimination of All her her economic family’s and future. secure to bearranged may girl’sa young marriage girls; for younger higher are gains bride wealth lower, commonly are costs and dowry lies; viewed as an economic may be girls play arole: nomic also factors burden in poorfamily honour and a girl’s sexual purity, fami- eco- include protection of justifications the While marriage. children, particularly girls, and result in early on forced are unions these Sometimes elders. family and –by parents puberty at or soon after usually of girls, case the –in arranged is union In or many societies, a permanent marriage nity. on violence against children in the commu- chapter the in covered primarily It therefore is context. outside home the to occur family and couples) tends young same-sex between (and adolescenttionships between girls boys and rela- partnership non-formal of type this but of context beviolence the dating, in also can There or marriages. unions permanent age tality. The same applies to child marriage. applies to child same The tality. of problems in childbirth and maternal mor- rates higher ready. are face They bodies their and become pregnant when young, before husbands, their with relations sented tosexual con- having as tion. Young regarded are wives isola- social in results and education, formal for opportunities their It ends often rights. and development health, their on consequences negative significant has of girls marriage Early equalised. and should beraised riage for mar- age legal the that toommends States risk of violence than other women. athigher are young who marry girls that ing husbands, with existing evidence suggest- of their hands violence atthe psychological 18 face significant risk of physical, sexual of and age before the development, who marry girls and health to their addition toIn other risks countries have legislation which prohibits which have legislation mar- countries proportion is 30%. is proportion the 28countries, of 18, age atleast the in and by married are of girls –about 60% Nepal and Bangladesh but including West Africa, notably Yemen. in some –mostly In countries others Middle the East, in as well Ethiopia –as and Mozambique, Uganda –especially Africa Southern and East some in and countries Africa, West common is Asia, South in marriage Child Prevalence of child marriage roles of women. men and and status the in beliefs societal of underlying indicative her her and and husband, between power relations of unequal a manifestation often is girls married violence against partner 70 Although the majority of of majority the Although 3 69 Intimate 68

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 57 “I hate early marriage. I was married at an early age and my in-laws forced me to sleep with my husband and he made me suffer all night. After that, whenever day becomes night, I get worried thinking that it will be like that. That is what I hate most.” Girl, 11, married at 5, Eastern and Southern Africa, 2005 VI

riage of girls under the age of 16, and some Physical violence against married girls by their forbid marriage under the age of 18, such laws spouses can include pushing, shaking, slap- are frequently ignored: marriages are not regis- ping, punching, biting, kicking, dragging, tered, customary or religious rules are accepted, strangling, burning, and threatening/attack- with few cases resulting in court proceedings. ing with a weapon. In societies with a custom of dowry, intimate partner violence against the It is estimated that, globally, 82 million girls now young bride can result from her family’s failure between 10–17 years of age will marry before to pay the dowry, or her husband’s or in-laws’ their 18th birthday.71 This includes signiﬁcant dissatisfaction with the amount. numbers of girls married at much younger ages. In Nepal, for example, 7% of girls are married Studies of domestic violence and dowry-related by the time they are 10, and 40% by the age harassment show that close relatives, especially of 15.72 In the Amhara region of Ethiopia, 40% members of the husband’s family, play impor- of girls in rural areas are married by the age of tant roles in perpetrating violence against 58 15,73 in some cases following abduction and rape women. Often the perpetrator is the husband, in order to avoid bride price. In all such cases, assisted by the mother- in-law.75 However, the notion of consent to the marriage by either in some cases the husband’s relatives are the partner, especially the girl, and to the sex within main perpetrators of violence and harass- 76,77,78 it, does not apply. In settings where a girl is sent ment against the young bride. A study to her in-laws once agreement between the fami- from India revealed that, among women who lies with respect to the marriage has been made, reported physical violence and harassment due sex within the union often begins at the age of to dissatisfaction with the dowry, the family 10 or 11, before the girl has menstruated. member who most frequently harassed was the mother-in-law (95%), followed by the hus- Physical, sexual and psychological band and father-in-law (72% each), sister-in- violence law (49%), and brother-in-law (14%).79 Married girls experience a signiﬁcant amount Many married girls experience sexual violence of violence from their husbands. A recent from their partners; they may be physically analysis of Demographic and Health Surveys forced, or threatened into having sexual inter-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE (DHS) data showed that spousal violence had course against their will, or they may have been experienced in the previous 12 months by sexual intercourse because they are afraid of 4% of girls aged 15 to 19 in Cambodia, 15.4% what their partner will do if they refuse, or in the Dominican Republic, 21.0% in Egypt, they may be forced to do something sexual 25.4% in Haiti, 10.4% in India, 18.2% in that they ﬁnd degrading or humiliating. In Nicaragua, and 33.3% in Zambia.74 In these societies where the cultural norm is for men to countries, younger women and women who have unlimited sexual access to women upon married at the earliest ages reported the most marriage, married girls are likely to experience intimate partner violence. forced and traumatic sexual initiation.80 New York, UNICEF. Data analysed from 1996 -2003 from analysed Data UNICEF. York, New Exploration. AStatistical practice. traditional -aharmful Marriage Early (2005). UNICEF Source: of 18 age years bythe of women married Percentage FIGURE 3.1 United Republic of Tanzania Central African Republic Dominican Republic Turkmenistan Burkina FasoBurkina Mozambique Côte d'Ivoire Madagascar South Africa Bangladesh Kazakhstan Kyrgyzstan Guatemala Philippines Cameroon Zimbabwe Cambodia Nicaragua Indonesia Colombia Comoros Viet Nam Rwanda Namibia Senegal Ethiopia Uganda Zambia Gabon Guinea Nigeria Malawi Yemen Ghana Bolivia Eritrea Kenya Nepal Egypt Benin Brazil Chad Niger Togo India Peru Haiti Mali 020406080100 8 9 10 11 14 15 19 20 20 21 21 21 24 24 24 25 25 28 29 30 31 33 34 34 36 37 39 40 41 42 43 43 46 47 47 48 49 53 54 56 57 57 62 65 65 65 71 77 Percentage 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 59 Psychological violence, by spouses, against serious health problems: cardiovascular dis- married girls includes humiliation, threats ease, hypertension and diabetes. against her or someone close to her, and controlling behaviours. Where a girl flees a vio- Female genital mutilation/cutting lent marriage and returns home, she may be (FGM) rejected by her parents and beaten for inad- The term ‘harmful traditional practices’ is most equacy as a wife. frequently used to refer to female genital mutilation, or ‘cutting’ as it is described in areas HARMFUL TRADITIONAL PRACTICES where it is practised. According to a WHO In some settings, cultural traditions include estimate, between 100 and 140 million girls practices which inflict pain and ‘disfigure- and women in the world have undergone some 82 ment’ on children, such as scarifying, brand- form of FGM. Girls from very young ages up ing, or tattooing. Although the term ‘harm- to their mid or late teens undergo this form of 60 ful traditional practices’ has been particularly genital excision, normally including the clito- associated with FGM of girls, there are many ris, as a precursor to marriage.83 FGM is seen as other harmful practices involving both boys a protection of virginity, a beautification pro- and girls. In Ethiopia, a 1998 survey by the cess, and in a number of cultures is regarded as National Committee on Harmful Traditional an essential precondition of marriage. Practices found that uvulectomy (removal of flesh from the soft palate at the back of the There are different forms of FGM, some of mouth) is carried out on 84% of children, which involve more radical excisions in the and milk teeth extraction on 89%.81 These genital area than others. In its most extreme operations may be performed with unsterilised form (infibulation), the internal labia minora instruments, leading to potential infection. and external labia majora are cut and the exposed edges sutured together, leaving the Participants in the West and Central African vagina almost shut. Following the procedure, consultations for the Study expressed con- the girl’s legs are normally bound from foot to cern that in West African countries includ- hip, immobilising her for days to enable scar ing Mauritania, Niger and northern Mali, the tissue to form.84 This form of the operation is

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE desire to marry their children at a very young endured by 90–98% of Somali girls, usually at age incites parents to force-feed their 5–10- the age of 7 or 8 years.85 There are profound year-old daughters to promote their physical implications for a woman’s experience of sexual development, make them as plump as mature relations and maternity. Prolonged labour women, and therefore pleasing to men. This and stillbirth are common. After delivery, the may have tragic consequences, including rejec- woman is usually ‘re-sewn’. tion by husbands who find their wives have not menstruated and cannot produce children, as The most reliable and extensive data on the well as obesity which is associated with later prevalence and nature of FGM are provided world groups. diaspora among indifference and belittlement – that can bedet- can belittlement –that and indifference emotional threats, rejection, isolation, ignoring, name-calling, form the of insults, take also can violence psychological but harm; psychological some involves violence sexual and physical All PSYCHOLOGICAL VIOLENCE awhole. as country the in some and other groups, but 32% Masai, reaches Somali, Kenyan among universally almost tised north. In the in 2% a only but country provinces, southern the such as in of girls 60% almost reaches prevalence the Kenya, it is to DHS data, according Nigeria, prac- in example for peoples; by it certain practised is occurs, where it of countries the many In Asia. in and East of Middle the other parts in occurring also some with West cases and East Sudan, Africa, and Egypt neighbouring by followed Djibouti), and Eritrea Ethiopia, (Somalia, Horn of Africa the in countries the in is prevalence highest The year. toFGM every jected women sub- and are girls 3million Sudan, the and Egypt Africa, sub-Saharan in that suggest 2005 in published UNICEF from Estimates 3.2). Djibouti Figure and (see notably Somalia haveforms not subject to been DHS or MICS, most frequently its in severest and practised ittion, some which in is and of countries the considerably varies practice the However, (MICS). veys inby DHS Multiple and degree Sur- Indicator Cluster of severity of mutila- four. ‘cut’ nowadays are some of girls age before the that and 71–99%, as high as of FGM are rates recent DHS have shown that Mauritania, and 88 There are also cases in the industrialised industrialised the in cases also are There She said: “Now you will be like everybody else, you will not be left behind.” Then they got ready. ready. got they Then behind.” left be not will you else, everybody like be will you “Now said: She They held me at my shoulders and at the knees, and I started crying and trying to close my legs. legs. my close to trying and crying Istarted and knees, the at and shoulders my at me held They “My grandmother arrived. She told me I was to be circumcised but I did not understand. understand. not Idid but circumcised be to Iwas me told She arrived. grandmother “My Mother, who will still submit her daughters to the FGM due to pressure pressure to due FGM the to daughters her submit still will who Mother, 86 87 In Guinea, Mali from her mother-in-law, Eastern and Southern Africa, 2005 It was very terrible. I can never forget that.” that.” forget never Ican terrible. very It was households has been established. been has households violent in children against violence physical and psychological between coexistence strong a forms: other accompanies it frequently that of this form of violence against children except extent global about the known is little and ing, lack- are definitions Standard well-being. and development psychological child’s a to rimental ened abandonment. but51% threat- 10% only child, the cursed Egypt in abandonment; threatened but 48% her child, cursing no as reported mother was Philippines the in for example, more varied; of cursing children or threatening them was incidence The USA). the and Philippines, the India, Egypt, (Chile, five countries all ents in by apunishment par- practised was children at or shouting screaming that indicated ect proj- Environment (WorldSAFE) Family the World by in the conducted of Abuse Studies five countries across region. Astudy every in occur punishment of forms Psychological their self-esteem, is also difficult to bear. difficult also is self-esteem, their on attack an of humiliation the and rejection, of is that many children find the pain and anxiety me,” truth hurt never the “words can saying the know may children Although behaviour. unruly or ‘retrain’ her and into his obedience a child similar a have may it or to cow punishment: of corporal to that purpose frustration, uncontrolled product violence bethe may of Psychological self-disgust. attimes and rejection, distrust, of parental loneliness groups, older the in age and, its enactment; during fear and humiliation pain, anticipation of by the violence; caused ety family setting, there is constant fear and anxi- 91 VII 89 In the violent 3 90

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 61 FIGURE 3.2

The prevalence of FGM among women and their daughters

Women (aged 15-49) undergone FGM/C Countries where FGM is practiced Women (aged 15-49) with at least one 99 daughter who has undergone FGM/C 100 97 FGM/C practiced, DHS or 92 90 89 MICS data available

FGM/C practiced, 80 80 77 no DHS or MICS data 73 71 FGM/C not practiced 66 63 60 58 62 54 48 47 45 45 Percentage 40 36 32 32

24 23 21 20 19 20 18 17 10 7 6 55 3 1 0 Mali Niger Chad Benin Egypt Kenya Eritrea Ghana Yemen Nigeria Guinea Ethiopia Republic Mauritania Cameroon of Tanzania of Cote d'Ivoire Cote Burkina Faso Sudan (North) Central African United Republic United Data are from latest available years, 1996–2004. Adapted from UNICEF (2005). Changing a Harmful Social Convention: Female Genital Mutilation/Cutting. Innocenti Digest, No. 12. Florence, UNICEF Innocenti Research Centre; UNICEF (2005). Female Genital Mutilation/Cutting: A Statistical Exploration. New York, UNICEF.

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE The most reliable and extensive data on prevalence and nature of FGM are provided by DHS and MICS. However, the surveys do not capture the degree of severity of mutilation, which varies considerably between and within countries. In addition, some of the countries in which FGM is known to be most frequently practised in its severest forms, such as Somalia and Djibouti, have not been subject to DHS or MICS. CHILDREN consequences emotional and psychological the and thrive, to failure injury, and impairment cognitive non-fatal and fatal are of violence to children of experiencing consequences most apparentThe immediate DEVELOPMENTAL or CONSEQUENCES: witnessing awhole. as to society costs ent heavy pres- development and life, achievement in and for personal potential the stunt violence can level, broader a At relationships. future of ment for love, develop- the capacity empathy and the closely of and related childhood, task to tial essen- an is family the in attachments through onwards from infancy to trust ment. Learning beings essential to normal human develop- other human in trust losement. may the They develop- and health for their consequences to lifelong lead can ofcontext home family and The violence that children experience in the adolescencelater adult childhood, and life. into forward carry they that damage the and impacts personal immediate include the both The consequences of violence against children OF VIOLENCE AGAINST THE CONSEQUENCES ones. younger among common children, and corporal punishment more older more common was against punishment ziland found that humiliating psychological among 2,000 children aged conducted Astudy another, on age. depending six to 18 in Swa- of punishment may give wayOne to type PHYSICAL AND PSYCHOLOGICAL 92 are not physically punished. notare physically selves from mothers compared to children who physically punished children distance them- of pain to be avoided; asource is parent the that is lesson child’s the even at two of orpunishment for some part other reason, years old, for whether on achild, pain inﬂicts erately delib- aparent When self-esteem. shattered and insecurity fear, anxiety, ment, trauma, attach- impaired abandonment, and rejection of include feelings consequences vent. These powerless to are pre- and understand cannot they that treatment degrading and painful thoughts and behaviour, more and the severe and thoughts of suicidal risk increased an with associated are victimisation sexual and depression. Physical and Post-Traumatic (PTSD) Disorder Stress consistent symptoms with and behaviour in acute, children may show age-related changes sure to violence or trauma alters the developing processes. opmental developing the neuro-devel- normal with alters interfering by brain trauma or violence to sure expo- that suggests bodyof evidence A growing violence. the member who perpetrated or parent of company family the the in secure or safe feel Heisolation. or she never may again emotional and of fear, suspicion, uncertainty, feelings instil can to child closest the beings human the in belief ofand conﬁdence Loss solitude. in harm the with dealing child the leaves usually countries all in abuse sexual child surrounding shame and stigma the as ticularly par- abuse, context of the in severe sexual larly particu- is ought The damage tothey feelsafe. by people they love and victimised are athome, that, children fact the trust, in places where by complicated are consequences and Impacts 94 Where family violence is is violence family Where 93 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 63 “Violence against children in the home and family is a serious problem in itself and has been strongly associated with health risk behaviours later in life… In turn, these behaviours contribute to some of the leading causes of disease and death…. Preventing violence against children in the home and family should therefore be a public health priority.” Dr Alexander Butchart, Editorial Board of the UN Secretary-General’s Study on Violence against Children

the violence, the higher this risk.95,96 The obesity and chronic reproductive health prob- effects may also be influenced by how adults lems.99,100,101 The links may result from harm- respond to children if they try to talk about ful behaviours adopted as coping mechanisms what they have experienced. Other variables such as smoking, drinking, substance abuse, will include how long the violence has gone bingeing or other poor dietary habits. on, where it has taken place, and whether the child is suffering from repeated violence from Violence against children can also have a last- 102 the same person, or whether he or she is being ing impact on mental health. A study com- ‘re-victimised’ by another perpetrator.97 paring data from around the world shows that a significant proportion of adult mental disor- According to WHO, the negative effects to ders are connected to sexual abuse in childhood children of living in a violent household are (see Table 3.1).103 Although the prevalence of similar across culturally and geographically abuse varied in different regions, the impacts diverse settings. Based on studies of women in appeared similar, with mental health effects 64 Bangladesh, Brazil, Ethiopia, Japan, Namibia, being worse in relation to the period over which Peru, Samoa, Thailand and the United Repub- abuse continued and degree of severity. lic of Tanzania, children living in violent households (where the mother reported physi- Findings are similar regarding physical pun- cal abuse from the father) were more likely to ishment and other degrading forms of treat- have behavioural problems such as bed-wet- ment. Corporal punishment is a predictor of ting, nightmares, and excessively aggressive depression, unhappiness and anxiety, and feel- behaviour or timidity, than those in non-violent ings of hopelessness in children and youth. households.98 The results suggest that exposure Even a low frequency of corporal punishment to violence in the home is a warning sign for may lead to psychological distress in young damage to children, and care services need to people.104,105,106,107 In a group of adolescents in factor this into prevention and response. the Hong Kong Special Administrative Region of China, those who had been physically pun- CONSEQUENCES OVER ished in recent months were more likely to con- THE LONGER TERM sume alcohol, smoke cigarettes, get into fights, be anxious and stressed, and perceive difficul-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE A growing body of research shows that violence ties in their ability to cope with everyday prob- perpetrated against children, or the experience lems.108 The relationship with poorer mental of living in a household where violence against health continues into adulthood according to loved ones is frequently witnessed, can be a sig- studies in Canada and the USA, which found nificant contributing factor in adult illness and a higher level of anxiety disorders and alcohol death. Childhood experience of violence has dependence.109 been linked to alcohol and drug abuse, cancer, chronic lung disease, depression, and a number of other conditions including liver disease, and other forms of other forms violence. and is compounded adulthood, risk in the and victimisation sexual when for factor arisk as established clearly been it includes possible.as Similarly, child sexual abuse has early as intercourse children against violence preventing reinforces the importance of recognising and This of violent experiences. accumulation an and victimisation, of risk further the increases also child ayoung violence as Experiencing FURTHER VICTIMISATION pp1851–1940. Organization, Health World Geneva, Vol 2. Factors, Risk Major Selected to Attributable Disease of Burden Regional and Global Risks: Health of Quantification Comparative (2004). al. Met Ezzati In: Abuse. Sexual Child (2004). al. Get Andrews Source: from between 5% and 24% within a 1–4 year year a1–4 within 24% and 5% between from protection agencies, rates of re-referral range child to official referred been has child the where violence to USA cases the and UK the In routinely updated. are databases and ters where regis- countries a few in assessed been only home the has in victimisation continued TABLE 3.1 “I am 8 years old and was raped when I was 6. My parents made a complaint to the police and he was was he and police the to acomplaint made parents My 6. Iwas when raped was and old 8years am “I ersin loo n rgaue784–5 7–8 abuse drug Depression, and alcohol MENTAL DISORDER otTamtcSrs iodr3 21 33 Post-Traumatic Disorder Stress – Global burden of mental disorder attributed to child sexual abuse sexual child to attributed disorder of mental burden – Global sent to jail. But I cannot stay where I live anymore. You know what they call me here? here? me call they what You know anymore. Ilive where stay Icannot But jail. to sent They have nicknamed me the “tainted” (la déchirée)…even when I go to the well to to well the to Igo when déchirée)…even (la “tainted” the me nicknamed have They ucd teps1 6 11 attempts Suicide ai iodr 37 13 disorders Panic 110 The extent of extent The get water the kids call me that. I want to run away from here”. here”. from away run to Iwant that. me call kids the water get Girl, 8, Eastern and Southern Africa, 2006 PERCENTAGE OF GLOBAL DISEASE follow-up. boys as well as girls: according to a report from from report a to according girls: as well as boys to or happens exploitation. abuse This sexual of risk to the them exposes which life a street into awayviolence or athome, drift run may neglected, orextremely who have experienced Children who have been sexually abused, or parents’ violence at home, especially for girls. violenceparents’ athome, especially witnessing with associated was school at bullied being that showed Italy in children school-aged middle and of elementary astudy similarly more likelychildren witnessing domestic violence are also to found that UK the in Astudy other settings. be victims riskof violence increased with in be associated of to believed is children against violence Family bullying, rises significantly. risk occasions, two on atleast referred been EAE % MALES (%) FEMALES (%) BURDEN ATTRIBUTEDBURDEN TO CHILD SEXUAL ABUSE (CSA) 111,112,113 In cases where a child has has where achild cases In VIII 3 114 and 115

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 65 “It could appear a feeling of guilt. The victim and even people around who don’t know the situation could consider that the abused child is responsible for the abuse. If close people believe this, then slowly the victim will believe the same thing.” Girl, 11th grade, Europe, 2005 IX

Canada, almost all boys involved in prostitution disability, psychological costs or other impacts there have been sexually abused at home.116 on a victim’s quality of life; the disruption or discontinuation of education; and pro- A number of studies have focused on the inter- ductivity losses in the future life of the child generational nature of violence.117 Recent data or young person.122 The potential financial from an international study in Australia, Costa burden is illustrated by data from a few indus- Rica, the Czech Republic, Poland and the Phil- trialised societies. The financial costs associ- ippines indicates that the problem is common ated with child abuse and neglect, including across cultures and regions.118 Women in all future lost earnings and mental health care, countries who have experienced physical vio- were estimated in the USA in 2001 at US$ lence from their parents in childhood are con- 123 siderably more likely to report physical violence 94 billion. In the UK, an annual cost of from an intimate partner as an adult, support- US$ 1.2 billion has been cited for immediate 124 ing the notion of a life-course perspective of welfare and legal services alone. 66 violence119 (see Figure 3.3). FACTORS CONTRIBUTING In the case of traditional practices, and of child TO VIOLENCE marriage, there is a consistent intergenerational link in that mothers (and fathers) who regard The risk of home and family violence arises them as mandatory customs inflict them on from the interaction between the quality of daughters and sons. The main predeterminant family relationships, and stress or pressure of FGM is ethnic affiliation; some ethnic groups upon the family from external factors or from carry out the practice in almost their entire pop- characteristics of family members. Some factors ulation, whereas others living in the same area 120 stem from the individual characteristics of the do not do so. Education of girls, especially to child (e.g. stage of development, sex) and the secondary level, can break the intergenerational characteristics of the parent or caregiver (e.g. link and reduce the prevalence of FGM.121 mental disorders, substance abuse). Others derive from the family setting and the roles SOCIAL AND ECONOMIC and relationships of people within it; these may CONSEQUENCES

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE enhance vulnerability, or on the contrary, may In addition to its negative impact on a child’s offer protection. Dysfunctional family rela- rights, health and development, family vio- tionships and poor parent–child interactions lence against children has economic conse- have a critical bearing on whether children quences for families and society. These include experience violence in the home. Other factors direct costs such as the cost of medical care derive from the environment, as in the case of for victims, legal and social welfare services, emergency situations, but may also be related and the placement of child victims in care. to the availability of social networks, or loss Indirect costs include possible lasting injury or of livelihood. Of course, a negative outcome is Source: Johnson H et al. (forthcoming). Violence Against Women: An International Perspective. New York, Springer. York, New Perspective. International An Women: Against Violence (forthcoming). al. Het Johnson Source: with childhood victimisation of 16 association its age and the after violence Women’s partner of intimate experience FIGURE 3.3 violence multiple from years. over many sources of types to several exposed are some children factors can be difficult to disentangle. Moreover, these amongst interrelationship the and factors, of combination a economic social, from cultural and familial, personal, result to likely is Violence shocks. external against children with protection and foster resilience provide will sibling relationships good,this are where and for parent example, not inevitable; Percentage 60 40 20 0 Costa Rica (N=820) 27 343 43 Czech Republic (N=1860) 33 (N=6378) Australia 21 39 first year and early childhood (0 to 4years). (0 childhood early and year first their so, throughout but decreasingly become after birth; they remain extremely vulnerable, immediately time the in vulnerable most are to as a result of omission and neglect. vulnerable are infants violence, physical from Infants of or injury death from risks ability. the Apart to vulner- key the is carer mother or immediate of dependence state on and the infant of the Age: FACTORSCHILD-RELATED (N=2177) Poland Poland 13 At a very early age, the physical frailty frailty physical the age, early Atavery No physical violenceinchildhood One orboth parents physically violent 28 Philippines (N=1917) 9 15 Switzerland (N=1975) 8 3 15

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 67 “When the head of the household has a bad day, the dog cries.” From an Asian proverb, Regional Consultation, South Asia

Sex: A child’s sex may also be a factor which raises ceptibility.129,130,131 For example children who his or her risk of victimisation. Although sexual are unwanted, born prematurely or are of low violence is frequently directed against boys, girls birth-weight or part of a multiple birth, and are more likely to suffer such abuse. Daughters children with chronic illness or serious behav- are more likely to be severely neglected in soci- ioural problems may be at increased risk of eties where son preference is pronounced, while maltreatment. in some societies sons are more likely to experience severe violence than daughters. FAMILY-RELATED FACTORS

Other characteristics: Children with disabili- Parent characteristics and socio-economic ties are at heightened risk of violence for a vari- status: While violence in the home is found in ety of reasons, ranging from deeply ingrained all social and economic spheres, studies from a cultural prejudices to the higher emotional, range of different settings show that low parental physical, economic, and social demands that a education levels, lack of income, and household child’s disability can place on his or her family.125 68 overcrowding increase the risk of physical and In the USA, children with physical, sensory, psychological violence against children.132,133,134 intellectual or mental health disabilities endure Physically violent parents are also more likely almost double the number of violent incidents to be young, single and poor.135 These associa- compared to their non-disabled peers.126 Simi- tions are likely to be related to stress caused by larly, the Caribbean Regional Desk Review undertaken for the Study reported that chil- poverty, unemployment and social isolation. dren with disabilities were at heightened risk Children living in families with these factors for all types of violence (physical, sexual, emo- are most at risk when there is inadequate social tional and neglect), much of it in the home.127 support and the family is not part of a strong In some regions disabled children are viewed social network. Lack of extended family sup- 136 as cursed; for example in West and Central port may exacerbate existing problems. African such children are likely to be exposed Stress and social isolation: Studies from both from birth to tacit or open neglect, and vio- industrialised and developing countries show lence may be accepted or even encouraged by that many of the personality and behavioural the family.128 (Violence against children with

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE characteristics of violent parents are related to disabilities is also discussed at some length in poor social functioning and diminished capacity the chapter on violence against children in care to cope with stress.137 Parents with poor impulse and justice systems.) control, low self-esteem, mental health prob- In addition to disability, certain other char- lems, and substance abuse (alcohol and drugs) acteristics heighten children’s risk of experi- are more likely to use physical violence against encing violence in the home. Characteristics their children and/or to neglect them.138 Parents that hinder parent–child attachment or make who use violence against their children may well a child more difﬁcult to care for can affect sus- have experienced violence as children.139 father killing his mother. his killing father his witnessed had Sasha earlier, months Six Kyiv. near Kopylov, of village the in institution astate at 4, Nastya, sister his with sits animal, astuffed holding 5, Sasha, UKRAINE,2005,

UNICEF/HQ05-1776. Giacomo Pirozzi harm and is itself aform of itself is violence. and harm psychological causes relatives and teachers tion suffered by these children from guardians, AIDS, argues that the deliberate stigmatisa- by have orphaned been 1.7 children million World estimated where an Uganda, in Vision by Astudy heightens vulnerability. demic, pan- HIV/AIDS the with increased has which or loss separation: Parental cohesion.of social low rapid and population levels turnover ing, hous- overcrowded unemployment, of levels by high who characterised communities live in attention must be given to supporting families Greater on families. stress emotional and social economic, put extreme that conditions lying under- the to alter needed are efforts that gest conditions and violence against children sug- socio-economic between on links the Research they were too aware of their dependency, of their were too aware and they abuse: the todisclose attempted rarely Girls bedeadly. violence can population, such the in infection of HIV cases ofrate 20% around a With cousins. and stepfathers uncles, from violence tosexual subjected were frequently members family by extended in who were taken Watch orphans found that Rights by Human study a Zambia, In household. the of head the or to carers toadult related were more closely who household the in children other against than orphans violent common against and more was punishment corporal that reported Uganda in however, leaders holds; community house- child-headed of phenomenon the or institutionalisation over practice preferred acommon and is community or local family homes into the of extended orphans these ing Orphanhood, 3 140 Plac-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 69 “Some of our parents ﬁght in front of us, causing us a lot of pain and distress. Some of our parents always come back home drunk and do not care for our physical, emotional and nutritional needs. Some children are looking after their parents and siblings because their parents are not responsible.” Child, Eastern and Southern Africa, 2005 X

that they might be silenced or lose essential tional disturbances; without intervention they support.141 Orphanhood can also increase the may go on to be future perpetrators or victims risk of violence in community settings. of violence.150,151 Exposure to intimate partner violence in the Since they spend more time at home, chil- home: It is estimated that 133 to 275 million dren in the early years – when they are most children witness violence between their par- subject to influence by external factors and ents/carers annually on a frequent basis, usually liable to be more overwhelmed by fear – are at fights between parents, or between their mother particular risk of witnessing intimate partner and partner (see Table 3.2).142 Children can violence. Such children may also learn pow- be psychologically and emotionally damaged erful lessons about aggression in interpersonal by witnessing violence against another family relationships which they carry with them into member.143 Evidence from a range of studies their future. Child development specialists shows that witnessing of this violence over a suggest that hostile styles of behaviour, emo- 70 long period of time can severely affect a child’s tional regulation and the capacity for personal well-being, personal development and social conflict resolution are shaped by parent–child interactions both in childhood and adulthood; and inter-parental relationships.153 However, such children may exhibit the same behavioural not all children who grow up in violent homes and psychological disturbances as those who are suffer long-lasting consequences; given sup- 144,145,146 directly exposed to violence (see below). port, children have remarkable capacities for Violence against women in the home often is coping, and resilience in the face of violence. linked with violence against children; in the USA, inter-partner violence (also known as SOCIETAL AND CULTURAL FACTORS domestic violence) may be the most important Legal and policy framework: Weak legal precursor to child maltreatment fatalities.147 frameworks contribute both directly and indi- The same association has been observed in a variety of geographically and culturally distinct rectly to family violence against children. The settings and countries: in China, Colombia, laws of some countries still condone, either Egypt, India, Mexico, the Philippines, and explicitly or implicitly as a result of interpre-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE South Africa a strong relationship between tation, some level of violence against children these two forms of violence has been found.148 if it is inﬂicted by the child’s own parents or In one study from India, inter-partner violence guardians as a means of behavioural correc- in the home doubled the risk of direct violence tion. Many countries lack legal protection against children in the household.149 Children against harmful traditional practices and child living in circumstances of inter-partner vio- marriage, and in some countries laws against lence among parents/caregivers in their home child sexual abuse apply only to men’s sexual are not only at risk of physical violence them- violence against girls or may not address sexual selves, but may suffer psychological and emo- violence against children by family members. unemployment and social security that leave that unemployment security social and care, leave, health parental care, child cation, edu- Policies regarding homes families. and impact onistration, the risk reg- marriage of and death tobirth, access and child maltreatment treatment, abuse substance and health mental to access toxins, environmental of levels able have in planning services, alcohol availability, accept- anLaws indirect and policies relating to access to family Violence against Children (2005). butStudies from 1987 analysis to conducted 2005; by the Secretariat of the United Study Nations on Secretary-General’s substantial Violence Domestic 18 under Years Population for Data Global Division for 2000; Population UN on: based *Estimates TABLE 3.2 TABLE 3.2 Commonwealth of Independent States 900,000 to 3.6 million 900,000 of IndependentCommonwealth States ai mrc n h aiba 11.3–25.5 million Caribbean the and America Latin – Estimated number of children who witness violence at home at violence annually witness who of children number – Estimated MDG REGION eeoe onre 4.6–11.3 million countries Developed u-aaa fia34.9–38.2 million Africa Sub-Saharan ot-atr saNo estimate South-eastern Asia 152 lbletmt 133–275 million estimate Global Northern Africa No estimate No Africa Northern etr sa7.2–15.9 million Western Asia atr sa19.8–61.4 million Asia Eastern ot sa40.7–88 million South Asia cai 548,000–657,000 Oceania ESTIMATED NUMBER OF CHILDREN with the belief that corporal punishment or to increase violence, particularly when coupled afford a low status to children, this is likely and controlling excessively are relationships Authoritarianism: children. of violence against contribute rates and isolation to higher social and stress family exacerbate nets safety social children and families without economic and WITNESSING VIOLENCEWITNESSING IN THE HOME* Where parent–child 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 71 other humiliating forms of punishment are a because of a conﬂuence of other risk factors necessary means of discipline. Several studies associated with the social exclusion of these have suggested that a culture in which chil- groups. These include high rates of substance dren are expected to submit without question abuse and alcoholism, poverty, bad housing, to the injunctions of older family members and unemployment. and adults in authority contribute to children’s vulnerability.154,155 Where parents believe they PROTECTIVE FACTORS WITHIN ‘own’ children and have the right to do to them THE HOME whatever they think best, there is resistance to State involvement in child protection. Belief in Just as certain factors increase the likelihood the sanctity of the family makes authorities, of family violence against children, other neighbours and members reluctant to speak factors can reduce its likelihood. Not every up when they know children are being victim- family with the risk factors described above ised.156,157,158,159,160 This should not be confused becomes a violent environment for children. 72 with authoritative parenting, which balances Unfortunately, there has been little system- warmth and support with setting and enforc- atic research on protective factors and they are ing clear limits on behaviour, and blends set- not well understood. Where research has been ting high standards with being responsive to conducted, the focus is on identifying factors the child’s needs and developing capacities.161 that mediate the impact of violence once it has occurred, for example those that might protect Patriarchal attitudes: Patriarchal attitudes – a victim from developing long-term mental dis- particularly when they perpetrate the entrenched orders or that seem to be associated with break- inferior status of women in many cultures – are ing the cycle of violence. Factors that appear also associated with increased risk of violence. through common sense and research to facili- In some societies, extremely violent acts may be tate resilience include higher levels of paternal inﬂicted by boys or men if the girls or women in care during childhood,162 fewer associations question do not comply with their wishes. Seek- with substance-abusing peers, or peers engaged ing a girl’s consent in such matters as sexual rela- in criminal activity,163 a warm and supportive tions and marriage may not be considered neces- relationship with a non-offending parent,164

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE sary. Girls may also be blamed for male violence and lower levels of violence-related stress.165 against them. In these settings, male children may be exposed to violence as punishment for Little is known about what prevents families behaving in a manner inconsistent with stereo- from becoming violent. A few studies have typical roles for men and women. shown that communities with strong social cohesion, thriving social networks and neigh- Membership in ethnic minority or indig- bourhood connections have a strong protective enous groups: Children in ethnic minor- effect and can even lessen the risk of violence ity groups are often at high risk of violence when other family risk factors are pres- and basic life skills, and children empowered with techniques for self-protection. empowered techniques with children and skills, life basic and resolution conflict in people of young discipline, instructed means alternative with rised familia- fathers techniques, care child with assisted are Mothers programmes. education and of services avariety from able to gain are centre the attending families and Children families. their and children abused world for rehabilitating Arab the in peutic centre thera- up –set by Foundation first the the is Al-Aman –Dar Centre Safety Child The public decision-makers. and Jordanian of the it awareness to the bringing up ofpioneered and acomplex opening issue the world, has and Arab the and to Jordan unique is programme The manner. integrated an in of child the needs social and educational psychological medical, legal, addressing by abuse, of child issue sensitive to relation the in prevention intervention services and provides umbrella awareness, out JRF the under carried Programme Safety Child The model. safety child Arab an apioneer as building itself in established Foundation The has dynamics. family healthy and relationships positive child–parent enhance and unit, family the strengthen to promote protection children, the of Jordanian Al-Abdullah, Rania Queen Majesty up 1997, set in was Foundation support (JRF) Jordan River the ofThe Her with JORDAN IN MODEL APIONEERING SAFETY: CHILD ent. munities with low levels of social cohesion. low of with levels social munities to flourish, especially families situated in com- support to families to encourage these factors This highlights the importance of providing ships with children are clear protective factors. positive non-violent and children, and relation- parents between attachment strong parenting, of Good protection support for and children. source beapowerful can families that clear of prevention strategies that evidence for the violence factors and are risk the effective, it is 166,167,168 Based on current understanding of on understanding current Based AGAINST CHILDREN IN tection to assist child victims. child to assist tection vices for both prevention of violence and pro- ser- and policies comprise should These lies. fami- in children of forms violence against all to response comprehensive multi-sectoral and ties, States have an obligation to provide a trea- Under rights CRC the other human and TORESPONSES VIOLENCE THE HOMEANDFAMILY 169 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 73 To date, States’ responses have focused pri- Laws on corporal punishment and marily on child protection services or alterna- other forms of cruel or degrading tive systems of care, rather than on prevention. punishment Prevention and protection strategies should be developed in tandem, balanced within the Laws on criminal assault, as has been noted framework of an overall strategy which consid- by the Committee on the Rights of the Child, ers issues of social policy; legal reform; pro- are seldom interpreted as prohibiting physi- grammes and services for prevention and care; cal chastisement, corporal punishment and all other forms of cruel or degrading punishment and strategies to bring about changes in atti- of children in the family. In over 70 countries, tudes and behaviours. the English common-law defence of ‘reasonable’ or ‘moderate’ chastisement of children has LEGAL REFORM remained following periods of colonisation. In Fewer than 20 countries have reformed their order to prohibit all corporal punishment, any 74 laws to prohibit physical chastisement in the such defences must be removed and prohibi- family, but more have committed themselves tion of corporal punishment and other forms of to doing so as the Study has progressed. All cruel or degrading punishment made explicit. States have laws making assault a criminal Between 1996 and 2006, the Committee on offence and many Constitutions prohibit the Rights of the Child has recommended to cruel, inhuman or degrading punishment; 130 countries that they take steps to prohibit many have laws which prohibit cruelty, mal- all corporal punishment. In 2006, the Comm- treatment or ‘abuse’ of children. But these laws ittee adopted a General Comment – a state- are not interpreted as prohibiting all violence ment of its authoritative interpretation of the against children, and in many States legisla- CRC – on the right of the child to protection tion contains justiﬁcations or defences for from corporal punishment and other degrad- corporal punishment. Most countries prohibit ing forms of punishment.171 The Committee incest, rape and other sexual assaults; many emphasises that the ﬁrst purpose of law reform also specify a minimum age of sexual consent to prohibit all corporal punishment within and of marriage, although this is often below the family is preventive: “to prevent violence

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE the age of 18. Most countries where FGM is against children by changing attitudes and 170 practised now have laws against it. However, practice, underlining children’s right to equal laws on violence against children are not effec- protection and providing an unambiguous tively implemented in many places because foundation for child protection and for the of the strength of traditional attitudes and in promotion of positive, non-violent and partici- some cases because of the existence of religious patory forms of child-rearing.” 172 or customary legal systems. The Committee also emphasises that the principle of equal protection of children and adults change where it is not backed up by public and and public by up backed not is it where change social not does However, guarantee change legal norms. social thereby helping to shift aprivate matter, is intimates violence among notion the that been introduced, dispelling thus of have rape definition broaden the which sures criminalise abuse by intimate mea- partners; Some countries have introduced measures to change legal for areas Other of child. the interests best the respect fully must or her from his family achild separating lent upbringing is vital, and that any question of non-vio- and for constructive and family for the support that emphasise should Guidance courts. the authorities and prosecuting police, the ing involved in child protection systems, includ- advice be and will needed training for those all intended, purpose the to reform fulfil For legal not interventions.” punitive, cational, edu- supportive and through punishments ing violent or or using degrad- other cruel parents cant harm assured, the aim should protection their from signifi- and investigated be to stop appropriately be should children against lence of vio- reports all While mechanisms. referral and reporting effective develop to need States same will be true of minor assaults on children. the circumstances; exceptional very in court come only to adults between minor assaults that –ensures matters trivial with itself cern minimis “The of parents: toprosecution lead should of children by their parents that come to light punishment of corporal cases all that not mean from assault, including within the family, does principle – that the law does not does law principle con- the –that 175 173 de her by the courts and her parents. and her courts by the beimposed upon to rapist the can marriage become and beenraped pregnant,union has of consent below or age marital girl the young when a East, Middle the and Asia Africa, in of violence against children. In many settings possibility the reinforce it may actually stances, circum- these in perpetrators; of family instead is so inadequate that it penalises child victims rather relieve than it. Some existing legislation of it can compound children’s victimisation implementation insensitive or imprecise cient; In some cases, legislation exists but is insuffi- children. and parents officials, panied by education programmes directed at must beaccom- change Legal condemn them. must and should systems legal though even ple, cannot be achieved by alone, change legal FGM, for exam- as such practices traditional harmful Combating ignored. systematically may be norms practices accepted and cultural with clash which and publicspread education to wide- notCRC are linked which obligations toreflect passed Laws education. professional frameworks must address the underlying risk risk underlying the must address frameworks policy and legal children, violencein against violence. To reductions achieve large-scale with concerned directly laws beyond to reach reform legal requires setting home family and Preventing violence against children in the criminals. as or betreated disapproval social sold into prostitution may bear the brunt of children and systems; justice by traditional homicides, or perpetrators may beexonerated onimpose more other lenient sentences than may ‘honour killings’ so-called tion against 3 176 Legisla-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 75 THE SWEDISH EXPERIENCE WITH PROHIBITION OF CORPORAL PUNISHMENT

Sweden was the first State to prohibit all corporal punishment. In 1957, a provision was removed from the Criminal Code which excused parents who caused minor injuries in the course of ‘discipline’. In 1979, Sweden explicitly prohibited corporal punishment in its Parenthood and Guardianship Code: “Children … may not be subjected to corporal punishment or any other humiliating treatment.” Sweden’s experience shows that when progressive law reform is linked to comprehensive public education, substantial changes in attitude and reductions in violence against children can be achieved within decades. In 2000, a parliamentary committee enquired into the experiences of parents and children with corporal punishment since the ban. The data indicate that its use has decreased dramatically, particularly in relation to beat- 76 ing children with fists or with an implement, or ‘spanking’ them. In national parental studies in 1980, 51% of parents said that they had used corporal punishment during the previous year; 20 years later, in 2000, this figure had decreased to 8%.174

factors and strengthen protective factors. Fac- address the underlying community and soci- tors such as alcohol availability, family plan- etal factors that allow violence to thrive. ning services, pre- and post-natal care, social To maximise effectiveness, prevention strategies security, mental health and substance abuse should be based on the best available scientiﬁc treatment, birth, death and marriage registra- evidence, aim to reduce factors contributing to tion, and levels of environmental toxins are risk and strengthen protective factors, include just a few examples of important factors that mechanisms for evaluating the impact of the are sensitive to legal and policy reform. strategy, and be carried out within a broader framework for addressing violence against chil-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE PREVENTION STRATEGIES dren. Promising strategies to prevent violence What many do not realise, but which research against children in the home and family context are many and varied, ranging from pro- continues to show, is that a variety of inter- grammes with a direct impact, such as parent- ventions can prevent violence: violence against ing training, to policies with a more indirect children in the home and family setting can impact, such as those governing alcohol avail- be reduced significantly by the implementa- ability or access to family planning services. tion of laws, policies and programmes which strengthen and support families, and that in another state. grandmother their with live to 13, Tonya, sister, her and Tiffany send to decided have they homelessness, of months After Beach. Daytona of city the in bench asidewalk on sit Billie, step-father, her and Letisha mother, 10, her 1997, Tiffany, USA, without beachieved need supportstigma can who of parents identification early fore, the There- workers/volunteers. or community visitation programmes for newborns by health home have some and services maternity vide pro- Most countries children. young against ment and reduce the attach- early risk help strengthen also but can care, of parental violence health childhood post-natalprenatal, early and to improving and unwanted pregnancies access ofnot preventing provide only possibility the moments services These of earliest life. their from children violence against and neglect of to line action reduce first the are health child and maternal and reproductive for Services services health child and Maternal forSupport parents and families

UNICEF/HQ97-0211. Betty Press and behaviour, and to a certain extent to assess to extent assess behaviour,and to acertain and to promote positive parental knowledge, skills toaim provide emotional support and training home visits Personalised situation. economic and social current family’s given the needs, to those meet parents’ capacity their and needs children’s young and of infants assessment volunteers workers or the social in trained als, Home visitation involves health profession- beneﬁts. the greater duration, the longer their the and life child’s the in delivered are programmes these earlier The non-violent parents teach of discipline. methods provide to and relationships, which acontext in parent-child poor of evolution the pre-empt also with external demands. Caregiver education can for dealing capacity family’s the and family the of dynamics internal the both address grammes pro- opment most outcomes. successful The as well as other negative child health and devel- children, violence against home family ing and reduc- in tobeeffective them showing evidence consistent and strong is There decades. several for have existed practices, parenting and solving, problem- management, family on particularly Programmes focusing on family functioning, programmes education parent and visitation Home offering additional services. and factors risk known by identifying families priority’ to ‘high resources tion, to direct and educa- parent provide to opportunity an give through home visits by health workers. and childbirth, and pregnancy promoting safe These services, maternity through children and ers or labelling by the routine checks on moth- 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 77 the family. Home visits also offer an opportu- Parenting programmes are increasingly being nity to link a family with other community implemented in middle- and low-income coun- services as needed. tries. For example, at the instigation of the All China Women’s Federation, over 200,000 In the USA, the value of home visits by nurses Chinese communities organised ‘Parents’ to young first-time mothers in socio-economic Schools’ to help people adapt to parenting in difficulty, for the first two years of the child’s the one-child family.181 In Eastern Europe, the life, were evident 15 years later.177 In a ran- Republic of Moldova is mainstreaming parent domised trial, the benefits to the visited families education in the primary health care system. included a significant reduction in child abuse and neglect, as well as reductions in maternal Health workers are trained to provide parents alcohol/drug problems. Current evidence indi- with the knowledge and skills needed to meet cates that the most successful home visitation the survival, growth, development and protec- programmes focus on families with an elevated tion needs of their young children, and also to know when and where to go for specialised 78 risk of violence against the child, and begin in pregnancy and continue to at least the second services. The initiative started in 2002; already year of the child’s life, actively promote positive it is clear that family doctors and nurses who health behaviours, support the family in stress attended the training programme are more management, and address a range of issues that likely to engage in parent education. This ini- are important to the family.178,179 Programmes tiative includes a specific focus on protecting should be flexible in order to adjust to the children from all forms of violence, including changing needs of families. physical punishment and other humiliating forms of discipline.182 Parenting education, another successful and widely used prevention strategy, can be offered In developing countries, parenting courses are either in the context of home visitation pro- offered by community-based parents’ centres. grammes or independently. Programmes usually For example, services offered by The Parent educate parents about child development and Centre in Cape Town, South Africa include aim to improve their skills for behaviour man- the following:183 agement. Parents’ and caregivers’ positive behav-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE iour management skills can be improved by • Parent groups for mothers and babies, developing an understanding of the importance mothers and toddlers, and single of follow-through and consistency, rewarding parents and reinforcing positive behaviour, strategically • Post-natal depression support ignoring minor negative behaviours, giving • Training on effective discipline for effective instructions, and implementing non- toddlers violent consequences for misbehaviour.180 Par- • Training for parents of under-5s, under- enting programmes should strive to strengthen 12s, and teenagers the skills of both mothers and fathers. • Counselling for parents and caregivers and there is evidence that they can be effective designed are programmes to (ECCD) Development and achieve both Care Childhood Early children. tion for their of these educa- and stimulation but also care basic objectives, only not providing in help need families Many programmes care child and education Early The coreprinciplesThe of Triple Pare: centres. 8–10 or 4) 10–16 (level sessions 5). (level sessions health as such settings care of violence in the family, more intense primary parent programmes training in are available, with sessions problems risk or health beahigh may where mental there with difficulty, For in parents consultation offer levels further whole atthe two population. For aimed parents, is selected 1of programme the Level of Tripleimpact maltreatment. Pon child the to assess study outcome an evaluation funding PreventionControl and currently is US The for Centers Disease children. of violence risk against the to reduce likely is and Triple promoting behaviour in positive parenting shown to been beeffective Phas UK. the and USA the Switzerland, Singapore, Zealand, New of China, Region trative Germany, and now in used Canada, also Australia, the Hong Kong Adminis- Special in devised (Triple Positive Programme the is Parenting P)originally example An level. one involve prevention atmore interventions than strategies some most of effective the levels, atseveral violence occur of family risk the shape that factors risk the Since PARENTING PROGRAMME POSITIVE P: TRIPLE • • – Parent taking care of self. care – Parent taking of child the expectations – Reasonable parent the from discipline consistent and (non-aggressive) – Assertive environment child for the learning – Responsive environment child for the engaging – Safe Training for professionals and para- to prevent Home specifically visitation professionals who work children. professionals with family violence against children 185 184 and decreased criminal behaviour. criminal decreased and pregnancy rates, higher socio-economic status, teenage lower employment, of levels higher achievement, school and development ioural behav- improved included children to benefits Long-term families. for their were beneficial or employment education in mothers’ gains the tion with their children were positive, and that on mothers’ the interac- effects the found that parentsdren of disadvantaged economically of day-care programmes for pre-school chil- areview for example, UK, home. the the In in engender violence that factors the reducing in 187 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 79 Support for families of children with dis- Programmes for and with children abilities Life-skills-based education, which enables chil- There is little research on the effectiveness of dren to recognise and avoid risky situations, has programmes aimed at reducing family vio- produced promising outcomes in a number of lence against children born with disabilities. school- and community-based settings. This type However, the Expert Consultation on Chil- of intervention usually teaches children about dren with Disabilities held for the Study noted appropriate and inappropriate touching, saying that promising approaches from various parts ‘no’ to an adult when they feel uncomfortable, of the world include community-based reha- and who they can talk to if they experience vio- bilitation and early stimulation programmes, lence. While some programmes have improved either at centres or through home visits. children’s knowledge and skills regarding threatening situations, longer-term evaluations are not Providing short-term respite care for parents of generally available. Such programmes work best children with disabilities can reduce stress on 80 as part of a more comprehensive strategy, rather the family as a whole, but also act as a preven- than as stand-alone programmes. (See the chap- tive strategy against violence. Support mecha- ter on violence against children in schools and nisms that allow parents to take a break from educational settings.) child care, organised through religious bodies, NGOs, or through a State agency, may help I n a nu mb er of c ou nt r ie s , s t i mu l ate d by t he c h i ld prevent violence against disabled children.188 rights movement, children’s and adolescents’

FATHERING

Since 2003, Save the Children Sweden in South and Central Asia has included working with men and boys in its regional strategy, in the belief that many males are uncomfortable with constructs of masculinity which tolerate violence against women and children. Working to support alternative constructs with men and boys as partners is now being explored in the region. Workshops on working with men and boys have

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE been conducted to enlist them in efforts to reduce violence against girls, boys, women and other men. Input has been sought from the White Ribbon Campaign, the longest- standing organisational effort among men to reject violence against women, which today has a network in 47 countries throughout the world, including South Africa, South Asia, New Zealand, Tonga, Brazil, Germany, and the Nordic countries. Coun- try-based workshops have also been held, and in Bangladesh, a non-governmental organisation (NGO) network on the issue has been formed. Increasing the focus on the socialisation of boys is now seen as the challenge.186 on child consultation as an integral component component integral an as consultation child on to more trend lay emphasis general the Within worse. situation overall their make could which interventions or insensitive violence, further provoking of fear for silent others stay or while shame themselves, blame feel ‘legitimate’. Many are feelings such that feelings their to make – doplace have not any they feel known, experience violence they the dislike and fear oronstrate that children – however they much they dem- repeatedly reviews and Consultations may home. at violence sexual or even psychological cal, physi- of consider episodes endure children most which in silence downthe must beto break response One of cornerstones the of strategic any silence the Breaking initiatives. proactive ing undertak- and at-risk children helping identify as peer groups can have a major role to play in need to besupported, settings community and on schools based activities participation Child this embraces family-related sexual abuse. community, the tion in it whether not is clear reduce the risk of childhood sexual victimisa- can programmes school-based these that dence (see box on next page). marriage problems child specific as such target Although there Ethiopia, in Committees is evi- Advisory Girls’ the Some,as such or other children. themselves out against or carried threatened either been designed toin solidarity with others, actions undertake reduce problems, their and acts articulate confidence, gain of violence members to of their have many enabled tions that organisa- These decade. past the during active have have become developed and organisations own “We are at a disadvantage because of our age. Adults don’t believe what we say when something like this this like something when say we what don’t believe Adults age. our of because adisadvantage at are “We happens. That’s why we don’t say anything. I have a girlfriend whose stepfather touches her and she was was she and her touches stepfather whose agirlfriend Ihave anything. don’t we say why That’s happens. even punished when she told her mother about it” about mother her told she when punished even 189 avoid further exposure. avoid further and support mutual provide to themselves ised trusting relationships with adults have organ- have few and families by their trafficked been who have children Brazil, and notably India in experiences.ful In some small-scale examples, pain- and intimate about their safe as regard to enable used been also have children skills, communications to open and oped. coupled These, counselling with up to adults devel- have been action-research and sultation they children, child-friendly methodologies for con- of programme planning and interventions with land reform, equitable compensation in case equitable livelihoods, rural wages, minimum policies includevant support for employment, Rele- maltreatment. of rate child the in tions children and should therefore lead to reduc- violence against for family major factors the risk some of address Improvements areas these in stress. psychological and economic, social families and enabling them to thrive despite for supporting essential is policy Strong social Social policy children in the community.) parents. homes the nothelpers of who in those are their domestic as violence experiencing children by Cambodia Philippines the and in used are children escape from abusive situations; they been set up by various NGOs in order to help help. seek and them Helplines have or hotlines some children to report by phone acounsellor with fidence what allows is happening to con- in noted, discussion already as common: more becoming gradually helplines are Child 192 (See the chapter on violence against on chapter violence against the (See Boy, 15, Latin America Boy, 15, Latin 191 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 81 of forced displacement, women’s income gen- income or food supplementation for those in eration, and equitable access to facilities such extreme need. (Social policy interventions are as water supplies, roads and paths, transport discussed in greater detail in the chapter on systems, drainage, and sanitation. Other social violence against children in the community.) policies with a proven positive effect on family Other strategies life include access to social protection systems, such as social security beneﬁts for people who Although the direct impact of these interven- suffer from disabilities or who care for chil- tions on violence against children has not been dren with disabilities; unemployment beneﬁts; well researched, general health initiatives at the health insurance or free care for the indigent; community level can reduce levels of violence.

GIRLS’ ADVISORY COMMITTEES: A CHILD-LED ACTIVITY IN RURAL ETHIOPIA 82 Primary schools are the one location in rural Ethiopia that bring together girls (and boys) who might be vulnerable to forced early marriage. The creation of Girls’ Advi- sory Committees (GAC) is an innovation in Ethiopian primary schools aimed at preventing child marriage and other forms of gender discrimination. The Girls’ Advisory Committee is not a club, but a school committee linked to the Parent–Teacher Association. GACs work to create a more positive environment for children at home and at school, by awareness-raising and other means. They vary in composition, but include male and female students, sometimes a community member, and a female teacher as advisor. The student members act as links between families in the community and the school, reporting on upcoming child marriages, abductions, teasing, harassment, and extended absence of girls from school. Where an impending marriage of a young girl is reported, the GAC visits the parents to attempt to dissuade them. If they refuse to listen, the GAC asks the parents to come to

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE the school. The teachers then ask the parents to cancel the marriage, explaining that it is illegal. This is normally successful. Mothers are reported as saying they are glad that their daughter has escaped the life they were forced into, but they would not be able to protest the marriage without the backup of the school. This example of child-led activity illustrates the necessity of an integrated approach, whereby children’s efforts are backed up by authority figures such as schoolteachers, and the law.190 mechanisms for reporting, referral, investi- include often and tocountry country from foundation of child protection services vary content The legislative and atrisk. children to protect actiondisclosed, must betaken the or suspected is children violence against When BECOMES KNOWN INTERVENING WHEN VIOLENCE protection services. child and treatment abuse ages between mental health services, substance link- the strengthening as well as childhood, with adults who have experienced violence in work and workers toidentify care health ing train- children, women their for battered and centres sheltersinclude crisis providing and interventions promising other conducted, have been evaluations formal few Although maltreatment. helpmay prevent child prices, or number of raising the outlets alcohol controlling through forto alcohol, example risk characteristics. Similarly, limiting access decreasing the number of children with high- thereby hyperactivity, and (ADD) Disorder Deficit Attention as such disorders cognitive subsequent and damage brain of rate foetal the physical violence against children by reducing to less lead can fromcommunities toxins tal environmen- other and lead remove that tives initia- health environmental For example, home-brewed alternatives. home-brewed regulated less and tocheaper toswitch drink carefully, as they might prompt people who considered be should measures these although children, against violence alcohol-related reduce could countries developing in efforts lar 194 193 Simi- workers. by social basis or on aregular occasionally beseen may also they networks, service social with countries In on aroutinecentre basis. health to the taken usually are children small except in very remote rural areas, important rolean protection child in because, infants and have professionals to stopintervene it. Health to identifytimisation over time. It is therefore important violencewith increasing frequency and severity of vic- as increases child to the for damage potential The early as possible family the in andDetection of violence against children its accountabilities. and system overall the context of the within accountable fully made protection workers child must be trust, and communities. While aiming for acceptance with consultation in evolve to need level nity atcommu- operating protection systems child of legislation, framework aclear and rights resource settings. Although rooted in human low- and beimplementedmight high- both in protectionapproaches how and to they child treatment-oriented and help support, tive isResearch urgently needed to identify effec- family. to the and child to the both damage lasting to and severe lead can treatment allel follow-up par- and insufficient protection with and on investigation focus ment; but alegal develop- and well-being child’s the endanger assistance without adequate protection can support approaches. social Supportand and health with tandem in implemented be should gation and follow-up. Ideally, legal measures 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 83 These occasions and contacts provide an Treatment for victims of violence opportunity to detect violence against children that parents and caregivers may try to disguise Children who have experienced family vio- as unintentional injury or illness. Given the lence have a wide range of treatment needs. pressure on health-clinic staff, they need train- Health workers need to be trained to detect ing and capacity-building, as well as improved cases of violence against a child, and the facilities. Since detection is not always straight- procedures to follow in documentation and forward, standardised guidelines and tools to reporting, as well as treatment and follow- 197 assist professionals with assessments are essen- up. In some cases, the collection of forensic tial. Training health workers to detect and specimens may be required; whenever possible, manage violence against children appears par- this should be done at the same time as the ticularly promising for pre-verbal infants who physical examination. Trained professionals cannot describe what has happened, and for all are needed for interpretation of injuries, foren- cases where detection depends upon observa- sic examinations and forensic interviewing of 84 tion rather than a ﬁrst-person account. children. Victims of sexual violence should be given preventive prophylaxis for sexually In many developing country settings, commu- transmitted infections, including HIV/AIDS, nity-based mechanisms are being established for as appropriate. Health workers have a respon- monitoring violence in the home and the need sibility to prioritise the child’s physical health for child protection. Most of these are in experi- and to refer the child for psychosocial support mental stages, and structured evaluation is services and social welfare or child protection required before clear conclusions can be drawn. services. Cases of violence detected outside the For example, in the Philippines, UNICEF has health sector should be referred to a health supported the establishment of 6,500 barangay worker for proper assessment and care. (village) councils for the protection of children. The Councils set up a database and monitoring All forms of family violence have signiﬁcant system on children, including those who are at impact on a child’s emotional health and devel- risk or who are victims of exploitation and vio- opment; psycho-social support is therefore lence.195 In the United Republic of Tanzania, crucial. A supportive, non-offending caregiver

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE an organisation called Kivulini whose primary is an important facilitator of a child’s recovery. target is to reduce physical, emotional and sexual The most effective mental health interventions violence in the home, works closely with leaders employ behavioural and cognitive techniques, at the lowest structure of local Government – and work with both the child and the family. ward executive officers and street leaders. Street Key skills for children include skills to iden- leaders are elected by community members, and tify, process and regulate emotion; anxiety have a right of access to people’s homes.196 management skills; skills to identify and alter inaccurate perceptions; and problem-solving skills. Trauma-specific cognitive behavioural and take action (usually social services, law law services, social (usually action take and they know have obligation an to report violence which services to both access have should tives representa- their and children that urge experts Some punitive. primarily being as than rather support social and public health offering service chosen, it ahelp-oriented should present as itself the protection they need. Whatever approach is given and never beidentified of protection will professionals, numbers large of children in need ing laws applying report- without mandatory that home suggests at least the world of in violence the toreport tomost parts defined groups public in general the and of professionals tance of support. formal However,from seeking reluc- the families deter even may and authorities, tection pro- child and families relationship between ial adversar- an establish can reporting Mandatory basis. support on avoluntary receive can where they services to confidential access families and children allow that reforms tory reporting laws should consider systems manda- with Countries families. and children for for protection, treatment support and tures matched with equally well-developed struc- be must always structures reporting effective, to do so irrespective of legal obligation. To be their suspicions to the authorities, or expected by to law report berequired may they dren, pected asus- identify workers teachers and social case ofWhen professionals such nurses, as doctors, family violenceReporting by professionals againstsexual concerns and symptoms of PTSD. tive chil- in reducing effec- to beparticularly interventions appear victims’ anxiety, depression, 198,199 media, and on interviewing child victims of orative working, on communication with the Various protocols were adopted on collab- way. acoordinated respond in and neglect and violence involving cases who would identify of professionals toprovideUNICEF, teams formed in 2003, with technical assistance from Teams were Multidisciplinary Operational Montenegro, In pilot NGO mobile and teams. work centres oferation social governmental in four municipalities in 2001 with the coop- developed Protectionfor were Child initially Serbia, Mobile In munities. Teams Outreach com- local in for environments children tective menting with innovative ways of building pro- experi- are Some countries middle-income protection. in for failures accountability and action, for taking of responsibility lines be clear noted. But must also there already as children, against violence family of cases individual about information protection must for share child ties responsibili- with sectors various the of asystem, cracks’ the through ‘fall will achild that risk the To family. and/or child minimise the with tact con- who sectors have had providers different in service from input participation and requires family child’s the and of child the Assessment is needed to the protection guarantee of the child. response acoordinated violence, of family danger in being as identified been has Once achild the child Intervention in the best interests of or injury. serious of death atrisk being as ceived per- is child the unless child of the agreement the with except action not take will and dential confi- are that to services enforcement), also and 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 85 A MULTISECTORAL APPROACH TO COMPREHENSIVE SERVICE PROVISION: THE CHILD PROTECTION UNIT OF THE PHILIPPINES GENERAL HOSPITAL

The Child Protection Unit (CPU) of the Philippines General Hospital uses a multisectoral approach towards comprehensive medical and psychosocial services for maltreated children and their families. The aim is to prevent further maltreatment and to start the process of healing. In 2005, the CPU cared for 972 new cases of maltreated children, 81% of whom had been sexually abused. From the ﬁrst point of contact through a long follow-up, the CPU provides quality care using a multisectoral approach which coordinates the actions of the health, legal and social sectors through CPU’s case management system. The CPU provides 86 legal and police services, judicial hearings, medical services, guidance and support to the child and next of kin, as well as therapy or referral to other specialised medical services, when necessary. The CPU also provides other social services to very poor families, including grants for the child’s school-related costs and interest-free loans for livelihood assistance. Parenting classes help parents manage their expectations of their children, help them to better understand their children’s behaviour, and adjust their methods of discipline accordingly. Each child has a CPU case manager to coordinate all services received by the child and the family, and to facilitate and monitor child safety placement, legal assistance and mental health care. Case managers work with the children and families for as long as is necessary.200

violence. The Ministry of Labour and Social has to be found between various potentially Welfare has since adopted these protocols, and competing demands – such as the need to pro-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE decided to establish teams in all Social Welfare tect the child and the wish to keep a family Centres by 2009.201 intact. The least detrimental alternative to the child and the least intrusive alternative for Child protection service agencies may inves- the family should be employed, as long as the tigate and try to substantiate reports of sus- child’s safety can be assured. Consideration pected violence. If the reports are verified, must be given to the concerns and desires of then the staff of the child protection services the child in all decisions about interventions, choose the appropriate course of action. Such taking into account the context of the child’s decisions are often difficult, since a balance developmental stage, emotional health, and for children: of care forms about alternative decisions guide principles should Three family. extended the with placement the of achild mally, as such adoption infor- law), and –and Islamic under placement foster-care ( – through formally provided both be can care Alternative 20). (CRC article background linguistic and cultural religious, child’s to ethnic, the and maintaining continuity in a child’s upbringing in these circumstances, giving due regard to for achild care form ofsuitable alternative obliged some to are ensure States furthermore, entitled protection to special assistance; and ronment is or interest for her best his own envi- family fromthe who separated is A child or adoption) be considered. (i.e.long-term fostering long-term alternatives should of child, the frame developmental time thetions, orunable within to appears change interven- toother not responding as assessed diate risk of significant harm, the parent is to beatimme- appears when child Only the of parenting. demands the to with cope failing who are to parents support those be available should last-resort intervention. Ideally, services should bea family from the achild Removing When alternative care is necessary members. otherfamily and child the bonds between or healthy unhealthy the “I remember being a foster child on another reserve as a child. I had been strapped…never understood understood strapped…never been Ihad achild. as reserve another on child afoster being remember “I • • Sustainable solutions at aimed Sustainable generally are solutions Family-based child, but including regular review, regular but including child, of interests the best the in permanency preferable to institutional placements 202 the reasons why or what I had done wrong, I do remember the fear and pain.” pain.” and fear the remember Ido wrong, done Ihad what or why reasons the kafalah care Youth leader, North America, 2005 America, North Youth leader, they normally had no opportunity to articulate that Consultations pointeddren out Regional in Chil- on research. such based advocacy in and involvement research, of in themselves children one the been promoted has process, Study by the and years, recent of development important An change. prevention,ing behavioural and will be difficult to achieve large-scale and last- it awareness, to solutions. find Without raising and issues the to discuss must becreated space against region; every in sphere public the into brought Violence be should behaviour. family and home the in children affect also can that norms opinions social shaping influencing and role in play acentral labour. media The child commercial sexual exploitation of children, or tion atten- research and media worldwide little receives family home the in and children Violence against comparedEDUCATION toADVOCACY AND PUBLIC issues such as against children in care and justice systems.) justice and care in children against on chapter violence the also (See child. of the participation full the with and treatment, and continuous monitoring of children’s placement with care, of forms alternative all regulate and register States that important It therefore is rights. child’s of the other violations and tation violence, exploi- of further risk including child, involve for the risk care of forms alternative All • National solutions are generally solutionsNational generally are solutions temporary over precedence take should country (e.g. international adoption). (e.g. international country preferable another involving to those XI 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 87 “I think child abuse happens a lot more than we think it does. Kids get beaten at home and are afraid to tell anyone. It’s hard to stop something that happens behind closed doors.” Child, 12, North America XII

their views and feelings about the violence they • Harmful traditional practices had experienced at home. In all regions, NGOs • Gender-based violence have begun to undertake participatory research • The role of men and boys in preventing into violence against children in the family, in violence which boys and girls are involved not only as • The effects of HIV on the respondents but as co-researchers. Besides giving stigmatisation of children and their children the opportunity to talk about the puni- increased vulnerability to violence. tive behaviour of parents and other caregivers, such exercises challenge the silence surrounding Children and adolescents have a very impor- family violence, and contribute to the under- tant part to play in advocacy on issues that standing of the nature and dimensions of child concern them. (See the chapter on violence abuse and its effects. These exercises are of pri- against children in the community.) mary importance in providing a basis for aware- Eliminating harmful traditional 203,204 ness-raising campaigns and workshops. practices 88 At every Regional Consultation, adults and Efforts to eliminate harmful traditional prac- children alike expressed the urgent need for tices have illustrated the importance of inter- advocacy strategies to change cultural norms in vening at multiple levels – parents and families order to end violence against children. Outcome will ﬁnd it hard to change their behaviour if documents from the consultations and thematic the norms and behaviour in the wider com- working groups emphasised that advocacy should munity do not change. Bringing an end to target policy-makers, parents, and children, and FGM requires clear prohibition, education and that advocacy on the following themes would awareness-raising within families and commu- help prevent family violence against children: nities, and community mobilisation (see box). • Children’s rights, including their right Triggering changes in community knowledge, to protection from all forms of violence beliefs, attitudes and practices is the key to • Harmful consequences of corporal success.205 This requires an advocacy strat- punishment and other forms of cruel or egy in which religious and community lead- degrading punishment, and the need ers, health professionals and a variety of actors

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE for parents to develop positive, non- participate; persuading individual parents or violent relationships with their children mothers is not sufficient. Where social stand- and ways of child-rearing ing and eligibility for marriage are dependent • Breaking the culture of silence around on girls having undergone FGM, mothers are sexual violence in the family unlikely on an individual basis to refuse the • Addressing traditional stigma and operation for their daughters, however terrible prejudicial beliefs concerning inability the experience was in their own case. The deci- to reduce the vulnerability of disabled sion needs to be made by a community as a children to violence collective, and that community needs to know knowledge among men increased from 41% men among increased toknowledge 92%. 11% from while environment increased ahealthy and education, to 94%, to health, proportion The of women rights of who their participants. were aware study among significantly increased rights about human knowledge that was finding encouraging Another 25%. than to less 75% women atbaseline fromnearly fell participating intention the and to cut among significantly, intent decreased FGM and to cut girls pant families, but remained unchanged at in the 48% comparison group. Approval of intervention partici- among to 60% from46% not whounder had cut increased been For proportion circles. 10 the their of example, aged in and of those girls and classes, the in of people the beliefs who and participated knowledge the affected significantly evaluationAn by the Population Council in 2004 found that Tostan’s programme endorsement social lective of change. col- it since marks of process, the part atamajormade ceremony. avital as seen is This is apublic declaration end programme, of Atthe members. the by class mobilisation social level, and on women’s atvillage up classes rights and setting health committees, of formation of the village consists Tostan The practices. strategy these to abandoning country. 1997, the Since throughout themselves 1,628 have committed communities marriage abandonment of early FGM and for collective the adrive in gramme, by Tostan the Empowerment Community Pro- undertaken was programme This level. atvillage of advocacy public and education aprogramme in stage final the is 19th the Senegal, in of declaration, its kind commitment. This their pledged cials Government and offi- leaders religious women, chiefs, adolescents, Rural attendance. in were also media the and ceremony. the away officials witnessed km Dignitaries, 300 these subjects could not even have been discussed. Thousands FGM of of villagers from ago region, up years where afew practice to conservative avery is the Matam marriage. forcedchild and ending were they that declaration public a in participated Matam In November 2005, representatives of 70 villages in Senegal’s northeastern region of TOSTAN’S APPROACH 208 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 89 that other communities are similarly abandon- and programme implementation. The lack of ing the custom (see box). data has been a constant refrain throughout the Study, and nowhere has this been more Child marriage requires similar efforts to acute than in the home and family context, change social and cultural norms. Up to now particularly because of the already described the number of advocacy initiatives to influ- inhibitions to reporting, but also because of the ence and reduce child marriages directly have lack of investment in scientific research on the been very few. The tendency has been to regard topic. On the one hand, no effective systems of the custom as susceptible to the wider enrol- response can be developed without proper data; ment of girls in education, and to the legislative on the other, the development of programmatic enforcement of marriage laws. However, more responses to children suffering violence cannot concerted attention to women’s and girls’ rights await the development of systematic data-gath- in marriage has led in new directions. Some ering systems where country or State capacities programmes specifically directed at child mar- in this context are limited or under-resourced. 90 riage reduction are now underway, and targeted advocacy against the practice is beginning.206 Ongoing data collection and analysis of offi- For example, a campaign against child mar- cially reported cases can be useful for identify- riage has recently been launched by civil society ing trends in service utilisation and, in some organisations in Yemen, on the basis of research instances, prevalence. However, as these sys- undertaken by the University of Sana’a.207 tems rely only on cases brought to the attention of the authorities, and given that children most Many other practices which cause violence often suffer family violence without telling and harm to children need the benefit of expo- anyone, surveillance systems based on official sure and campaigning as part of the efforts to records will always underestimate the extent of prevent them. These include the sale of chil- the problem. Surveillance of officially reported dren into sexual or other work; the stigmati- cases must be supplemented by population- sation of disabled children, children without based surveys that document exposure to child- families, or children orphaned by HIV/AIDS; hood violence and its lifelong consequences. child victims of sexual abuse; children accused Similary, true understanding of fatal violence of sorcery; children who have been dedicated against children can only be gained through VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE by their parents to priests and shrines. comprehensive death registration, investigation and reporting systems (see box). IMPROVING INFORMATION FOR POLICY DEVELOPMENT AND ACTION Small qualitative studies and studies using convenience sampling – of families referred to Accurate and reliable data on the magnitude social services, for example – are important for and consequences of family violence against documenting the problem of violence against children are essential to evidence-based advo- children and how to manage it. However, to cacy, policy development, resource allocation begin to understand fully the patterns of family Iran, Japan, Jordan, Lebanon, the Netherlands and the UK. the and Netherlands the Jordan, Japan, Lebanon, Iran, Republic Islamic the Iceland, Estonia, of China, start-up in and contacts programmes with ICAN connecting begun has network working international An countries. oping fit devel- better may model that ahospital-based added recently Philippines The USA. the and Zealand New Canada, Australia, in existed By 1,000 teams 2001, estimated an conceivably besolved. can together, amystery and come of evidence types different thus inconclusive; is evidence where medical death child of young cases to discuss meets team The members. community occasionally workers and health mental teachers, followed, some adding other teams and (NCFR) Review Center for National Fatality the became later workers. ICAN publicand health health courts, Members coroner, included the services, social police, (ICAN). Neglect and Abuse on Child Council Interagency County Angeles sponsored by Los the 1978, in Angeles Team formed Los in was Review (CFRT) Fatality Child first The ‘a had fall’. having as she reported is or he when died has child a how detect to difficult sometimes is It body. the to trauma followed by blunt force trauma, head is of death most common cause The six. under are 80% and infants are About 40% young. who from violence die are Most children CHILD FATALITY (CFRT) TEAMS REVIEW some of most forms common. violence are when childhood early in of experiences ing now,to understand- children may distort and about happening is what nothing but disclose valuable, also experiences, are childhood their tive young studies,interviewing adults about protection of the children involved. Retrospec- to ensure the necessary safeguards be ethical homethe must, of There family. course, and of forms violence in all ute to understanding contrib- also can other close carers and parents children, with studies interview Confidential necessary. over are repeated time are which population and subsetof general the a large survey that studies children, violence against population-based surveys are needd urgently to shed light on the full extent of violence against children. children. against violence of extent full the on light shed to urgently needd are surveys population-based “It is time we moved beyond qualtiative explorations of violence against children. In South-East Asia, Asia, South-East In children. against violence of explorations qualtiative beyond moved we time is “It We must invest in better research and systematic data collection on this issue.” this on collection data systematic and research better in invest We must Dr Samlee Plianbangchang, Regional Director for South-East Asia, WHO Asia, South-East for Director Regional Plianbangchang, Samlee Dr locally owned up to, and taken up. up owned to, taken and locally sensitive to issue emerge, becomepolitically or aculturally enabling steptowards first the often violence are facing of children analyses publish and information to collect agencies support international by NGOs and Efforts admit, responses and that urgently are needed. is more prevalent than they children to violence bepersuaded that against believe pub- or not or care to denied is advocacy. need Policy-makers is debated, licly violence family and home where regions and countries in tion, especially collec- ofOne data purposes of important the 209 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 91 IMPROVING THE KNOWLEDGE BASE IN INDIA - THE NATIONAL STUDY ON CHILD ABUSE

India has taken a proactive approach to the issue of child protection. Initiated by the Department of Women and Child Development in 2005, the National Study on Child Abuse involved an enormous network around the country. One of the first major activities undertaken was a National Level Consultation on Child Abuse, held in New Delhi in April 2005, to discuss various issues related to project formulation, including defining the concept of child abuse and methodology for the project, developing instruments for data collection and identifying the various categories of respondents. This Consultation involved experts from all over India and from various disciplines to exchange views on the common theme of child abuse. The experts included academics, social workers, activists, NGO representatives, teachers, researchers, police, judiciary, representatives from funding agencies like UNICEF, Save the Children, USAID, US 92 Agency, Plan International, Catholic Relief Services, SARI Equity, etc. The sample size of 17,500 included children (n=12500), young adults (n=2500), and other stakeholders (n= 2500). The child respondents included children living on the streets, working children, children in schools, children in institutional care, and children in family groups not attending school. Part of the methodology involved focus group discussions with children in the context of children’s workshops, through which all indicators of various forms of abuse were elicited, and confidentiality and ethical considerations taken into account. From its inception, the project emerged as an advocacy and awareness opportunity, which was extremely useful from the standpoint of a country where child abuse was known to exist, and yet so little about the issue was discussed publicly. The participation of so many experts had a multiplier effect, in that it increased awareness and more open discussion about the previously neglected issue of child abuse ensued. Analysis of results are expected at the end of 2006.210 VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE RECOMMENDATIONS to the family, Governments have obligations to ensure that in all places – including in the home The following recommendations are guided by – children are protected from actions consti- the human rights obligations of Governments tuting violence against them, and that there is under the CRC and other instruments, and are also based on evidence from research and exist- an effective response when violence occurs. In ing practice. They recognise that, while the pri- addition, Governments are required to provide mary role in childrens’ upbringing is accorded appropriate support and assistance to parents. Societal levelSocietal 3. 2. 1. prevention Prioritise “In the consultations all over the world, it was as if everyone had been waiting for permission to talk talk to permission for waiting been had everyone if as was it world, the over all consultations the “In Assess the impact of public policies on policies public of impact the Assess safety nets which directly benefit families. directly which nets safety be used to should results The children. prioritiselence against vio- to family relevant factors other risk and economic economic and stress, social crimination, and social dis- –especially children violence against the potential to attention particular give which ments impact assess- impact social of conduct should publicments policies families. their and children on for families. support centres which can provide assis- can which support centres parts of country. the parts all in for children delivery service sensitive and effective to facilitate standards based evidence- develop to obligation the have Governments should beassured. them affect which decisions and matters all in of child the for views the Respect services. employmenthealth, other necessary and social, justice, education, legal, – sectors across extend that services to integrated intervention, linked prevention early and at should aimed becoordinated, systems response that ensure should ernments boys. and of girls needs opmental devel- the privacy, and and dignity their family, their and whole child the respect implementedare ways in that at scale, children protect and violence prevent Increase economic nets safety and social Ensure that comprehensive that toEnsure systems These should include family include should family These about this - waiting for violence against children not to be a secret any more.” more.” any asecret be to not children against violence for -waiting this about Govern- Karin Landgren, Chief, Child Protection, UNICEF Protection, Child Chief, Landgren, Karin Gov- Legal measures 5. 4. settings. This includes all harmful tradi- includes This settings. harmful all children ineliminate forms all of violence the against home and prohibit to obligation the have ments as well rejected. prohibited as and inare other family the within children against lence of vio- forms all which in policy and life. family of boys in men and children, as well as the positive involvement with communication lent and relationships non-vio- promote that campaigns awareness have the obligation to initiate and support public. Governments general the ents and par- private sector, as the well and ers, as educators, work- health staff, system justice ment sector workers, including police and Such programmes should target Govern- non-discrimination. and equity/equality, norms, gender cultural and social in change promote and rights, of child awareness raise to aim that ments should support strategies level, Govern- community and society the prevention. violence on programmes and social policies opportunities. and social and such asby education, giving also and circumstances; difficult especially attention housing, facing for families respite programmes through and programmes; enrichment employment, to underlying pre-school and facilities care child quality providing through networks supportive factors develop to help should they and situations; emergency in provided that including tance, Develop an explicit framework of law law of framework explicit an Develop Implement advocacy evidence-based 3 Govern- At

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 93 tional practices, sexual violence, and all his or her best interests; the child’s identity corporal punishment, in accordance with and privacy should be protected; conﬁden- the CRC and other human rights instru- tiality should be respected; and the child ments (see the Committee’s General Com- should not be subjected to excessive inter- ment on corporal punishment, No. 8, June views, statements, hearings and unneces- 2006). Clear guidance and training should sary contact with the judicial process. ensure that the law is implemented sensi- Consideration should be given to the use tively, in line with the best interests of the of pre-recorded video and other testimonial child. Legal reform should be linked with aids, such as the use of screens or closed advocacy and awareness-raising activities circuit televisions, as well as to eliminating to promote positive, non-violent relation- unnecessary contacts with the alleged per- ships with children. petrator, or their defence. In particular, if 6. Ensure that family courts and other compatible with the legal system and with 94 parts of the justice system are sensi- due respect for the rights of the defence, tive to the needs of children and their professionals should ensure that the child families. Governments should ensure that victim of violence is protected from being child victims of family violence are not re- unnecessarily cross-examined, that the gen- victimised during the justice process, nor eral public and the media are excluded from subjected to extended or drawn-out legal the courtroom during the child’s testimony, processes. Child victims should be treated and that guardians ad litem are available to in a caring and sensitive manner through- protect the child’s legal interests. Speedy out the justice process, taking into account trials should also be ensured, unless delays their personal situation and immediate are in the child’s best interests. needs, age, gender, disability and level of Strengthen coordinated responses maturity, and fully respecting their physical, mental and moral integrity. 7. Provide pre-natal and post-natal care, and home visitation programmes for In particular, Governments should ensure optimising early childhood develop-

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY AND HOME THE IN CHILDREN AGAINST VIOLENCE that investigations, law enforcement, pros- ment. These measures should be aimed ecution and judicial processes take into at building on the strengths of the family account the special needs of the child, and the community to promote healthy bearing in mind the Guidelines on Justice child development, and the early detection for Child Victims and Witnesses of Crime and support of families with problems. (ECOSOC Resolution 2005/20). In this Governments should ensure that such regard, the child should be accompanied programmes include information on the by a trusted adult throughout his or her importance of attachment and the physi- involvement in the justice process, if it is in cal, emotional, and cognitive development 9. 8. Implement and culturally-appropriate Protect especially vulnerable children children vulnerable especially Protect attention to cultural factors. as well as children young and of infants dence regarding the effectiveness thereof. effectiveness the regarding dence evi- toscientific reference with also and in compliance with human rights norms, programmes such develop must ernments Gov- life. ment of family boys in men and emphasising involve- the and stereotypes, gender addressing conflicts; family of ment manage- the and problem-solving skills, non-violent and ships of forms discipline including promoting non-violent relation- mothers, and for fathers skills parenting and child-rearing expanding factors; tural cul- people and context of the in social young and children infants, of development cognitive and sexual, psychological, cal, and increasing understanding the physi- of children, their and parents bonds between of attachment importance the as: such programmes these ponents included in are com- important that ensure should ments home. violence-free a provide to families support that programmes and programmes parenting gender-sensitive minority groups, children without parental other displaced children, children from children with disabilities, refugee and for example, to violence; vulnerable cially espe- who are of children risks ation and situ- on family, the the with dealing tives prevention, initia- response and research, all in focus a ensure should Governments issues. gender address and family, the in Govern- , Build capacity Build Build information systems Build 10. 11. Implement civil registration universally, universally, registration Implement civil enced by girls and boys. and byenced girls genderand on stereotypes violence experi- conceptattention of to the masculinity to pay and boys, and by girls may befaced which risks respond differing to the and to understand required are efforts Special by HIV/AIDS. affected children and care, affecting them should also bepromoted. should them also affecting with and involving children in the decisions violence. Specific in skills communicating gender and between people, links the and young and children of development tive cogni- and emotional sexual, physical, the of understanding workers aclear have must agement, and children’s rights. In addition, non-violent response, tion and man- conflict its prevention, detec- children, early against on children’s rights and the law, violence information basic includes which building adequate and training ongoing capacity around children and their families receive non-professionalsand who work and with professionals that ensure should ernments families. their and children with work who those among capacity Build facilitated and implemented and coopera- in facilitated widely, must beadvocated process and The for registration. late remove penalties should and certification, free with istration reg- civil accessible and free ensure should marriages. and deaths, births, of registration the including Governments 3 Gov-

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Alliance Children the Save International I QUOTES Children. Oslo, Save the Children, p66. Children, the Save Oslo, Children. against onViolence Study Secretary-General’s UN the Boys. and Girls of Abuse Sexual against out Speak and Listen Points: Learning 10 Essential p29. indien, de droits l’enfant de des océan région la l’Observatoire Mauritius, indien. océan région la de l’enfant de droits de l’océan indien. (2006). indien the past and building the future the building and past the Council. of Ethiopia Amhara region rural Programme for South and Central Asia, p49. Asia, Central and South for Programme Regional Sweden Children the Save Kathmandu, Children. against onViolence Study Secretary-General’s Asia Central and South in Children against Violence end to Boys and Girls of Voices America (2005). Children against p21. Uganda, Children the Ugandan Children and Adults. p54. Norway, Children the Save Oslo, Children. against onViolence Study Secretary-General’s UN the to Alliance Children the and Boys Girls of Abuse Sexual against Out Speak and Listen Points: Stockholm, Save the Children Sweden, p78. Sweden, Children the Save Stockholm, Children. against onViolence Study Secretary-General’s It Happen Making Physical and Humiliating Punishment of Children. , p 7. Available at: www.violencestudy.org/r27. at: , p7. Available . Global Submission by the International Save Save International bythe Submission . Global La violence contre les enfants dans la région région la dans enfants les contre violence La Annual Report of the Observatoire des des Observatoire ofthe Report Annual Violence against The Children: Voices of . Part 2. Global submission to the UN UN the to submission Global 2. . Part Somali children Challenging and youth: The experience of adolescence in adolescence of experience The . In preparation of UN ofUN preparation . In Regional Desk Review: North Raising Voices and Save Save Voices and Raising Global Submission to Submission Global . UNICEF Somalia. . UNICEF . Accra, The Population Population The . Accra, 10 Essential Learning Ending XII United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United XII XI United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United XI X United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United X America against Children (2005 violencestudy.org/r27 andEastern Africa Southern (2005). Children against America (2005). Children against , p 19. Available at: www.violencestudy.org/r27. at: , p19. Available www.violencestudy.org/r27. at: , p10. Available ). Regional). Desk Review: North Regional Desk Review: Regional Desk Review: North , p 1. Available at: www. at: , p1. Available 3

VIOLENCE AGAINST CHILDREN IN THE HOME AND FAMILY 107 UNICEF/HQ06-0881. Furrer Mariella

Sudan, 2006, Children outside their classroom at Comboni Primary School in Rumbek, in Southern Sudan. IN SCHOOLS ANDEDUCATIONAL SETTINGS uprigsho tf 143 Supporting school staff eiineadohrpoetv atr 131 132 of violence topatterns response Systematic factors other protective and Resilience asadlwefreet139 142 141 development policy and Leadership school programmes policies and Rights-based enforcement law and Laws elhipcs128 impacts Health om fvoec nshos116 schools in violence of Forms educational settings educational and schools in children against violence to Responses violence to contributing Factors school at violence of Impacts problem of the extent and Nature context and Background Human rights instruments Introduction ikfcos131 133 to violence vulnerable who are Children Risk factors oilipcs129 130 Educational impacts impacts Social ulig121 126 126 123 Weapons schools in Homicide injury serious and gangs and assault, physical Fighting, Bullying I n eulvoec 120 118 116 118 violence sexual and HIV gender-based violence and Sexual gender-based and violence to discrimination Links punishment psychological and Physical h pca iuto fgrs135 of situation girls special The VIOLENCE AGAINST CHILDREN 4 128 136 131 113 115 116 111

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS 109 The participation of children 144 Working with parents and communities 145 Constructive child discipline 148 Bullying: prevention and intervention 148 Sexual and gender-based violence: prevention and intervention 149 Curriculum: What should be taught and how? 150 Creating safe and welcoming physical spaces 151 110 Research and evaluation 152 Recommendations 153 References 157 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE “To avoid violence we need to be listened to, we need economic, work and educational opportunities. We need the chance to improve our quality of life and have the right to live in a violence free environment.” Adolescent boys, Latin America I 4

INTRODUCTION The public image of violence in schools has been coloured by the media’s focus on extreme Children spend more time in the care of adults events, such as school shootings; the targeting in pre-schools, schools, vocational training of schools for attacks and mass kidnappings. centres and other places of learning than they However, such events are very rare. More do anywhere else outside of their homes. Like common are forms of violence that go unre- parents, the adults who oversee, manage and ported and may be so tolerated and perhaps so staff these places have a duty to provide safe and nurturing environments that support actively condoned by the public and by offi- and promote children’s education and devel- cial policy and law that they are not deemed opment. They also have a duty to make sure worthy of study, discussion or debate. such development prepares children for life as Where the social and physical environment of responsible adults, guided by values of non- the community is hostile, the school environ- violence, gender equality, non-discrimination, tolerance and mutual respect. These are the ment is unlikely to be spared. The levels and 111 values that Governments embrace when they patterns of violence in schools often reflect the ratify the Convention on the Rights of the levels and patterns of violence in countries, Child (CRC) and other international human communities and families. These, in turn, rights conventions, along with obligations to reflect prevailing political and socio-economic protect children from all forms of violence, in conditions, social attitudes, cultural traditions schools and elsewhere, including providing a and values, and laws and law enforcement. clear framework of law prohibiting and deter- Where it is legal, considered acceptable and ring all forms of violence, and taking all other perhaps even commendable for men to control necessary measures to prevent violence. women, and the wealthy or privileged to con- Violence in schools can be prevented and must trol the poor and disadvantaged, and parents not be tolerated. The reality for many mil- to control children through violence and the lions of children is that schools (used hereafter threat of violence, then it is likely to be legal, as the generic term for all education settings considered acceptable and perhaps even com- for children) expose them to violence and, in mendable for both adults and children to use so doing, children are denied of their rights, similar methods in schools.4,5,6 By being vic- including to education. In all of the Regional tims, perpetrators and witnesses of violence, Consultations conducted for the Study, and in children learn that violence is an acceptable many of the reports received, children attested way for the strong and aggressive to get what VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE to the impact of violence on their ability to get they want from the comparatively weak, pas- to and from school, to learn effectively while sive or peaceful. in school, and to remain in school long enough to reap the benefits of education.1,2,3 Schools are uniquely placed to break the pat- sages are that males should be tough, generally terns of violence by giving children, their and sexually assertive and ready for life in a parents and communities the knowledge and rough-and-tumble world but females should skills to communicate, negotiate and resolve be passive, sheltered, and unassertive, particu- conflicts in more constructive ways. However, larly sexually. These stereotypes often make patterns of violence are often entrenched in schools unsafe and uncomfortable for girls school culture, sometimes as a matter of policy and are prominent among the reasons why, in supported and promoted by certain theories some countries girls, particularly during ado- about childhood development and learning. lescence, are less likely to attend school than adolescent boys. 7,8,9 Whether perpetrated by adults or children, almost all violence in schools reflects a ‘hidden Ensuring access to quality education for all curriculum’ that promotes gender inequal- children is integral to the Millenium Develop- ity and stereotyping. For example, boys taunt ment Goals, and the related efforts detailed in 112 each other about their lack of masculinity and the Dakar Framework for Action.10,11,12 To do harass girls with verbal and physical gestures this, schools must provide a safe and welcom- that are sexual in nature. Corporal punishing environment for girls and boys, which is ment of boys is more frequent and harsh than free of the threat of violence (see box). corporal punishment of girls. Sexual aggression by male teachers and boys is often dismissed as ‘just boys being boys’, while girls are blamed for ‘asking for it’. The implicit mes-

EDUCATION FOR ALL AND THE MILLENNIUM DEVELOPMENT GOALS

In April 2000, the World Education Forum in Dakar, Senegal, adopted the Dakar Framework for Action to achieve six Education for All (EFA) goals.13,14,15 In September 2000, the Millennium Declaration established two of the EFA goals as being two of the eight Millennium Development Goals. Goal 2 states that, by 2015, all children should have access to free and compulsory primary education of good quality. Goal 3 is to, by 2005, achieve gender equality in primary and secondary education and, by 2015, achieve gender equality in all levels of education. These two goals constitute a speciﬁc timetable for achieving “the right of the child to education … progressively and on the basis of equal opportunity” required by the CRC. VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE 4

HUMAN RIGHTS INSTRUMENTS

Reflecting article 13 of the International Covenant on Economic and Social Rights which enshrines the right of everyone to education, article 28 of the Convention on the Rights of the Child (CRC) recognises “the right of the child to education … with a view to achieving this right progressively and on the basis of equal opportunity.” The first paragraph of article 28 lists States parties’ obligations, which include making primary education compulsory and free for all, encouraging the development of different forms of secondary education that will be free or financially assisted in case of need, and making higher education accessible to all on the basis of their capacity. Article 28 (2) states that: “States parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.” Conformity with the CRC requires, for example, protecting the child against “all forms of physical or mental violence, injury 113 or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” (article 19) and from “cruel, inhuman or degrading treatment or punishment” (article 37). Article 29 of the CRC addresses the aims of the child’s education. Paragraph 29 (1.b) calls for “development of respect for human rights and fundamental freedoms” and paragraph 29 (1.d) calls for “preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin.” In 2001, the Committee on the Rights of the Child issued General Comment No. 1 on the aims of education (CRC/GC/2001/1), emphasising that the education process itself should be based on and promote the rights guaranteed by the Conven- tion. This means that States parties should take measures to ensure that all schools respect, for example, the child’s rights to non-discrimination (article 2), to freedom of expression (article 13), and to protection from all forms of sexual abuse and exploitation (article 34). States must also ensure that children are fully protected from exposure to bullying and other forms of violence by other students. The Committee has noted that failure to protect students from such forms of violence could deny children their right to education (articles 28 and 29).16 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE

>>> “I have seen the harsh behaviour of teachers in schools and colleges. Every day there are severe punishments by teachers, so we remain very afraid in class. The teacher often makes a student stand up in class, scolds him with ugly words and teases him for being naughty or for not learning the lessons. It is very shameful as well as painful.” Boy, 17, South and Central Asia, 2005 II

HUMAN RIGHTS INSTRUMENTS

General Comment No. 1 also states that: “…Children do not lose their human rights by virtue of passing through the school gates. Thus, for example, education must be provided in a way that respects the inherent dignity of the child, enables the child to express his or her views freely in accordance with article 12(1) and to participate in school life. Education must also be provided in a way that respects the strict limits on discipline reﬂected in article 28(2) and promotes non-violence in school. The Com- mittee has repeatedly made clear in its concluding observations that the use of corporal punishment does not respect the inherent dignity of the child nor the strict limits on school discipline…”17 The Committee has reﬂected this interpretation in its concluding observations on States parties’ reports under the CRC, recommending that they should prohibit all 114 corporal punishment. In June 2006 the Committee adopted its General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (articles 19, 28(2) and 37, inter alia; CRC/C/GC/8). The Committee states that the purpose of the General Comment is “to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take.” The Committee comments: “Addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, is not only an obligation of States parties under the CRC. It is also a key strategy for reducing and preventing all forms of violence in societies.”18 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE 4

order, and hardening the unseasoned child to the difﬁcult, brutal and abrasive world. In Europe and North America, the idea of universal education, paid for by the State or subsidised by the State, to equip children for the working world, for their civic and family responsibilities and for their personal fulﬁl- ment did not emerge until the mid-19th century, when the industrial revolution was well advanced. From then until well into the 20th century, beating, humiliation and isolation were routinely used as methods of teaching

UNICEF/HQ02-0650. Alejandro Balaguer Alejandro UNICEF/HQ02-0650. and discipline.

PERU, 2002, Two boys do arithmetic using calculators and Since the 1990s, the global economy and the 115 coloured blocks in a school in the village of Los Angeles in the economies of many nations have been expe- north-eastern department of San Martín in the Amazon. riencing unprecedented rates of expansion. The industrialised nations have moved into an era where knowledge-based industries are BACKGROUND AND predominant and where economies beneﬁt CONTEXT from all the workers they can get, if those workers are well-educated and ﬂexible, ready Historically, many cultures have had hierar- to absorb new knowledge, adjust to new tech- chical social structures where those higher nology, move from job to job and place to up have controlled those lower down through place, and work with people of many differ- violence and threat of violence. These struc- ent backgrounds. It is now widely recognised tures and practices have extended to families that everyone loses when people are excluded and the relations between men and women on the basis of gender, race, religious belief and between parents and their children. They and other factors unrelated to their capability have also extended to schools and the relations and potential. It is also widely recognised that between school staff and children. the free-enquiry-and-personal-growth model is one that best serves everyone’s interests and In both families and schools, corporal punish- that it requires safe and nurturing school envi- ment and other forms of cruel or degrading ronments.

punishment have been widely favoured meth- SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE ods of ‘discipline’ perceived as ‘taming’ the unruly child, training the presumptuous child to take his or her ‘proper place’ in the social “The teacher slapped the students that skipped his lesson because they wanted to go to the library to do some research. The noise was really loud in the corridor. I witnessed the scene and was scared. I still cannot forget the sound of the slaps on their face.” Student, 16, Indian Ocean subregion, 2006 III

There are still countries where many leaders, FORMS OF VIOLENCE IN SCHOOLS educators and parents believe that education which teaches children to question and think The forms of violence found in schools are for themselves brings children into conflict both physical and psychological, and usually with the established customs upon which the occur together. Forms perpetrated by teach- family and community have been based for ers and other school staff, with or without the generations.19 overt or tacit approval of education ministries and other authorities that oversee schools Change in disciplinary practices in schools has include corporal punishment and other cruel been especially slow in some countries where and humiliating forms of punishment or treat- resources for education are severely stretched at ment, sexual and gender-based violence, and the same time as education systems are being bullying. asked to absorb ever-increasing numbers of school-goers. Laws are gradually improving20 Forms of violence perpetrated by children 116 but even where laws ban corporal punish- include bullying, sexual and gender-based vio- ment they are not always effectively enforced lence, schoolyard fighting, gang violence, and and often not initially supported by prevailing assault with weapons. Technology provides a social attitudes. Prohibition of corporal pun- new medium for bullying using the Internet and ishment needs to be accompanied by effective mobile phones, and has given rise to new terms initial and in-service training in behaviour such as ‘cyber-bully’ and ‘cyber-bullying’. management and school organisation which Physical and psychological respect children’s rights. punishment NATURE AND EXTENT The Committee on the Rights of the Child OF THE PROBLEM defines ‘corporal’ or ‘physical’ punishment as any punishment in which physical force is used While the status of every country’s progress and intended to cause some degree of pain or toward abolition of corporal punishment in discomfort, however light. Most involves hit- homes, schools and penal systems has been ting (‘smacking’, ‘slapping’, ‘spanking’) chil- mapped, research and analysis pertaining dren, with the hand or with an implement. to other forms of violence in schools is not But it can also involve, for example, kicking, nearly so far advanced.21 Most studies have shaking or throwing children, scratching, looked at one or, at most, two forms of school pinching, biting, pulling hair or boxing ears, violence and not at the multiple dimensions forcing children to stay in uncomfortable VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE of that violence and the links between school positions, burning, scalding or forced inges- violence and phenomena outside of schools, tion (for example, washing children’s mouths such as violence in families and society as a out with soap or forcing them to swallow hot whole. spices).22 “She [the teacher] knows she is doing wrong, but she feels impunity. She will go unpunished and she knows this.” Girl, 15, Europe, 2005 IV 4

In the view of the Committee, corporal pun- even in countries such as China where they ishment is invariably degrading. In addition to have been in place for many years.27 In Cam- the physical aspects deﬁned above, there are eroon, a 1998 law bans corporal punishment many other non-physical forms of punishment in schools but a study covering four of Camer- which are also cruel and degrading and thus oon’s provinces, published two years after the incompatible with the CRC. These include, for ban, found teachers made no secret of using example, punishment which belittles, humili- it for “cheekiness, disobedience and academic ates, denigrates, scapegoats, threatens, scares or mistakes” and 97% of students reported that ridicules the child. Corporal punishment, and they had been physically punished.28 The con- other forms of cruel or degrading punishment sequences of non-enforcement can be serious. used by school heads and teachers, were fre- Other forms of cruel or degrading punishment, quently brought to the attention of the Study not involving physical violence, have been much by children during all nine Regional Consulta- less studied. The Children’s Consultations tions. The Children’s Consultation in Slovenia informing the Study revealed that other forms 117 headed its list of messages to be taken forward of humiliation are very much on the minds to the Europe and Central Asia Regional Con- of children and lodged in the minds of many sultation with: “That there should be a prohi- adults with painful memories of how they or bition of every kind of violence that happens in their classmates were humiliated by the words schools in every country and … schools should and actions of school heads and teachers. be happy places in which children are eager to learn.”23 Similar messages came from children Cases have been reported of the use of corpo- all over the world. ral punishment for reasons entirely beyond a child’s control, such as failure of parents to pay The key set of studies on corporal punish- school fees,29 and also for academic failure or 24 ment and a series of regional reports devel- to correct misbehaviour. In many situations, oped for the Study25 demonstrate a clear trend it is not easy to disentangle these two motiva- away from corporal punishment in schools in tions. Studies in Egypt,30 Lesotho31 and Togo,32 all regions, most notably in Europe. Of the and from Indian Ocean Island nations33 show 223 States and dependent territories tracked that corporal punishment is widely used to by the Global Initiative to End All Corporal punish unsatisfactory academic performance, Punishment of Children, 106 now have laws as elsewhere. Studies of seven Middle East- banning corporal punishment in all schools ern and North African countries reported and another seven have laws banning it in some that one-third of students said they had parts of the country, for example where prov- been caned because their class or school had inces of a federal State have their own laws, or not done well on examinations.34 Collective SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE in some schools, such as only those funded by punishment for unsatisfactory performance of the State.26 However, laws banning corporal a whole class or whole school was also com- punishment are often not effectively enforced, monly reported. Links to discrimination and gender- burned or stabbed. The percentage of male based violence students (26.9%) who had experienced one or more of those forms was more than 2.5 times There is evidence to suggest that corporal the percentage of female students (10.1%) who punishment in schools is sometimes admin- had done so.39 istered with greater severity or frequency to children from groups that are subject to School heads and teachers may apply corporal stigma and discrimination in the whole of punishment and other forms of cruel or degrad- society. In India, the 1998 Public Report on ing punishment in different ways, according Basic Education (PROBE) found that higher to the sex of the child, and by so doing convey caste teachers were inclined to humiliate chil- messages about what is expected of children dren from Dalit (‘untouchables’, or the lowest and adults of each sex. In Botswana, for exam- of the four castes) and other lower castes by ple, no male teacher but the head teacher can labelling them as dull and incapable of being administer corporal punishment to a girl; and 118 educated.35 In the 23 states of the USA where in primary schools, boys can be beaten on the corporal punishment in schools is still lawful, buttocks but girls only on the backs of their African-American children are more often vic- calves and palms of their hands. Boys and tims than others.36 Refugee children in Angola, girls may also be punished for different mis- Zambia and South Africa also feel singled out demeanours so that, for example, a boy might for corporal punishment.37 be punished for failure to perform an athletic feat in a physical education class whereas a In general, boys experience more frequent and girl might be punished for rowdy and ‘unla- more severe corporal punishment than girls dylike behaviour’ that might be forgiven in a but girls are far from immune. Surveys have boy. The fact that there are explicit or implicit found that in Egypt, 80% of schoolboys and gender policies applying to corporal punish- 67% of schoolgirls had experienced corporal ment suggests that any strategies to eliminate punishment in schools; in Barbados, 95% of corporal punishment should address gender interviewed boys and 92% of interviewed girls differences, too.40 said they had experienced caning or ﬂogging Sexual and gender-based violence in school.38 A survey covering 3,577 students in six provinces of China found that 17.5% Gender-based violence stems from gender had experienced one or more forms of corporal inequality, stereotypes and socially imposed punishment by teachers before they were 16 roles. Sexual violence, including sexual harass- years old; 15% had been hit, kicked or oth- ment towards girls may be motivated by the VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE erwise punished without the use of an object; desire to punish or humiliate girls because of 7% had been beaten with an object; 0.4% had their sex or sexuality, or by sexual interest and been locked up in a small place, or tied up bravado. It also serves to intimidate, humili- with ropes or chains; 0.1% had been choked, ate and diminish girls. This is demonstrated by “Violence against children has incalculable costs to present and future generations and it undermines human development. We recognize that virtually all forms of violence are linked to entrenched gender roles and inequalities, and that the violation of the rights of children is linked to the status of women.” The African Declaration on Violence against Girls, 2006 V 4

the widespread practice of blaming girls who In Europe and North America, revelation of are victims of rape, and that where gender dis- the widespread sexual abuse of boys by male crimination is an unquestioned norm, blaming teachers (often clerics) in church-run schools girls may extend to almost any kind of sexual has only occurred since the 1990s in the pres- harassment, assault or exploitation. ence of better protections against, and systems of, reporting abuse – often decades after the Studies suggest that sexual harassment of abuse took place. Previously, children who schoolgirls is common throughout the world, were sexually assaulted or exploited by teach- to varying degrees by teachers themselves as ers were too ashamed to tell anyone what had well as by students, and that it may be par- happened, knowing that their stories would not ticularly common and extreme in places where be believed or that, if believed, they would be other forms of school violence are also preva- blamed for attracting the sexual attention of lent.41,42,43,44,45 Teachers often see the sexual other males. A recent study found that nearly harassment among students – most often girls 4,400 priests (4% of all priests ministering – as a normal part of school life, and there- during that period) had been accused of sexu- 119 fore ignore it. Under these circumstances ally abusing nearly 10,700 children, in acts that it is difficult for students to report it. In the took place between 1950 and 2002, and that Middle East, sexual harassment of girls is not the vast majority of the children were boys.49 commonly reported, perhaps because girls are commonly separated from boys in schools, Harmful cultural stereotypes that demean or also perhaps because girls are reluctant to children because of their sex or their known speak out. or suspected sexuality create environments in which children can be abused with impunity, Until recently, there was almost no public dis- including by adults in positions of trust and cussion of sexual abuse of schoolgirls in Japan authority such as clerics in religious schools. and victims rarely came forward. Their shame In 2004, Pakistan’s Minister of State for Reli- was profound and they knew that if they gious Affairs stunned the nation by reporting talked about what had happened, their reputa- that, so far that year, 500 complaints of sexual tions would have been tainted for the rest of abuse by clerics in religious schools had been their lives.46 Similar attitudes are still common registered and that, in the previous year, 2,000 in many countries. A study in Ethiopia, for complaints had been registered, although there example, found that students attributed the had been no successful prosecutions so far.50, 51 sexual harassment of girls to the way the girls dressed and not to boys’ attitudes toward girls.47 In West and Central Africa, teachers justified sexual exploitation of female students SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE by saying that their clothes and behaviour were provocative, and that the teachers were far from home and in sexual need.48 HIV and sexual violence regions), the Regional Consultation held for the Study identified sexual harassment and abuse In sub-Saharan African countries, the aver- by students and teachers, usually male, against age rate of HIV prevalence among girls and female students as major problems. Participants young women 15 to 24 years old is now three of the Consultation attested to cases of teach- times higher than the average rate among ers promising higher grades in exchange for boys and young men of that age.52 Sexual vio- sex with girls, and also that girls who become lence is increasingly recognised, although still pregnant as a result of sexual abuse by teachers under-studied, as an important factor in these increases. or students are often expelled from school. In some countries, marriage of a pregnant girl to An analysis of data from the Global School- her abuser may absolve him of legal responsi- Based Student Health Survey (GSHS) found bility, increasing the risks of forced marriage. that in Namibia, 19% of both boys and girls A study conducted by UNICEF found that 120 answered ‘yes’ when asked if they had “ever been physically forced to have sex.” In Swaziland, 9% such sexual abuse was common in all countries of boys and 10% of girls said ‘yes’; in Uganda, of West and Central Africa, and that Minis- 13% of boys and 25% of girls; in Zambia, 30% tries of Education were aware of it and con- of boys and 31% of girls; in Zimbabwe, 11% sidered it to be one of the main reasons why of boys and 14% of girls.53 In 1999, research girls drop out of school.58 A Human Rights based on a sample of 10,000 schoolgirls in Watch study found that sexual harassment Kenya found that one-third were sexually active and abuse of girls by teachers and students and that, of those, 40% said their first encoun- in South African schools was widespread and ter was forced, usually by a male student.54 that girls were raped in school toilets, empty More recent research in Burkina Faso, Ghana, classrooms, dormitories and hostels.59 In a Malawi, and Uganda found, however, that recent survey in Ghana, 6% of schoolgirls forced sex and vulnerability to HIV infection said teachers had blackmailed them, threaten- were more prevalent among married adolescents ing to give them lower grades if they refused 55 than among unmarried adolescents. In many to have sexual relations. Two-thirds of them sub-Saharan African countries, the majority of had not reported the incidents due to feelings adolescent girls are not in school and between of shame, advice that they should be toler- one-quarter and one-half of them are married, ant, and their belief that no action would be often to much older men.56 In Ethiopia, girls taken against the culprits. A small percentage often see attendance at school as a way to avoid 57 of boys had experienced sexual harassment,

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE early and unwanted marriage. too. Of the boys, 24% admitted they had par- Forced sex is a risk factor for HIV/AIDS. This ticipated in rape, including gang rape. Of the is a growing concern in the context of schools girls, 14% said they had been raped by boys In Eastern and Southern Africa (as in other close to them.60 “I took a folder, wrote down dates and times every time I was harassed. I took it down to the principal. He said, ‘Son you have too much time on your hands to worry about these folders. I have more important things to do than to worry for what happened two weeks ago’. I told him, ‘I wanted to give you an idea of what goes on, the day-to-day harassment. ’ He took the folder away from me and threw it in the trash.” Student, North America, bullied for allegedly being gay, 2005 VI 4

Elsewhere, more general studies into sexual schools to children’s well-being, and a increas- abuse have found that teachers are among those ing body of literature examining its causes, who sexually coerce or abuse children and young prevalence and impacts on both victims and people. In one such study, 6% of more than perpetrators.66,67 Although bullying is a world- 2,000 college students in the Hong Kong Special wide problem, the literature pertains mostly Administrative Region of China said they had to the industrialised world. Emerging from been abused before they turned 17. Eleven was Scandinavia in the 1970s and then from the the average age at which the abuse had occurred UK, Japan, Australia, and the USA, this body and teachers were the abusers in 7% of all cases, of literature has analysed the characteristics although family members or family friends of bullies and victims, and the range of per- 61 were more commonly identified as abusers. sonal and social risk factors that contribute A UNICEF study covering Nepal found that to bullying. It has also broadened the defini- 9% of children had experienced severe sexual tion of bullying to include more subtle and abuse (kissing of sensitive parts, oral sex and complex forms of psychological violence, penetration), and that 18% of the perpetrators and extended analysis beyond examining the 121 were teachers.62 In a submission to this Study, characteristics of bullies and victims to look- the International Rescue Committee reported ing at their upbringing and their family and that sexual abuse against girls is a significant social environments, including school envi- problem in refugee schools where the teachers ronments. Bullying is also distinguished from are male.63 The Regional Consultation in Latin America reported that girls in the Dominican other forms of violence because it represents Republic, Honduras, Guatemala, Mexico and a pattern of behaviour rather than an isolated Panama Nicaragua experience sexual coercion event. The literature also reveals how almost from teachers, sometimes with threats that their all bullying is sexual or gender-based. This has grades will suffer if they do not cooperate.64 changed the way bullying is perceived, so that responses also target the pattern. On the positive side, the Regional Consulta- tion in Eastern and Southern Africa found Bullying that targets the child’s sex that countries are responding with changes in or sexuality law, policy and practice. In South Africa and Teachers and other children commonly put Zambia, for example, ‘defilement’ of under-age pressure on children to make them conform to girls is treated as a serious offence by courts of cultural values and social attitudes that define law, and may result in sentences of up to life what it means to be ‘masculine’ or ‘feminine’. imprisonment, while pregnant girls are given a A widespread method is to use words suggest- leave of absence from school.65 ing that a boy is acting like a girl or may be gay, VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Bullying and that a girl is acting like a boy or may be lesbian. Such words may be used jokingly, but Since the 1970s, there has been growing rec- nevertheless convey the message that it would ognition of the threat posed by bullying in be very bad or wrong if it were true. Such jibes may be used maliciously, to punish or bully past two months, with the percentage ranging children because they are ‘too effeminate’, ‘too from 15% in Sweden to 64% in Lithuania (see masculine’, or known or suspected to be gay Figure 4.1).72 Recent surveys done in devel- or lesbian, or else just different in other disap- oping countries as part of the ongoing GSHS proved ways. found similarly wide-ranging percentages of children saying that they had been bullied When boys call girls ‘sluts’, ‘lesbians’ or simi- within the past 30 days (see Figure 4.2).73 lar terms that question girls’ sexual morals or The differing ‘past two months’ and ‘past sexuality, they may be expressing resentment 30 days’ time-frames mean that the findings of girls in general or anger, frustration or jeal- are not strictly comparable but even where ousy. A study in South Africa found that girls time-frames are the same, country compari- who complained of being sexually harassed sons should be made with caution because or abused by male students were often called the reported incidence of bullying tends to lesbians.68 Similarly, boys may be called gay if increase as specialists in education and child- 122 they show too much respect for girls and do not participate in other boys’ sexual harass- hood development make the public more 74 ment of girls. aware of the issue. Bullying of known, suspected or alleged gay The 2001/02 HBSC survey found that bully- and lesbian students can take the form of ing decreased as children grew older and that, taunts, obscene notes or graffiti, unwelcome while similar percentages of boys and girls said sexual advances, and mock rapes and can lead they had been bullied, more boys admitted to brutal physical attacks. Though such bul- to bullying others. While bullying within sex lying is known to be common in many coun- groups is common, when it occurs across sex tries, most of the literature on the subject groups girls are much more likely to be bullied 75 pertains to Europe and North America.69,70 by boys than vice versa. Recent studies sug- In many countries, homosexual activity is gest that around half of all children involved a criminal offence or, at least, highly stig- in bullying are both victims and perpetrators, matised with the result that bullying and and that they are the most troubled of all chil- other forms of violence towards these groups dren involved in bullying.76 receives little official attention, and are driven Bullying is just beginning to emerge as an issue underground.71 in the Philippines, Thailand and other coun- The extent of bullying tries of the East Asia and the Pacific region. The 2001/02 Health Behaviour in School- In a survey in the Lao People’s Democratic VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE aged Children (HBSC) survey in developed Republic, 98% of girls and 100% of boys and transitional countries in Central and said they had witnessed bullying in schools Eastern Europe found that 35% of schoolchil- and, while the precise nature or seriousness dren said they had been bullied within the of the bullying was not clear, the victims were Schools, that are supposed to be “places of learning, turned out to be a nightmare because there is violence and it is unbearable.” Child, Eastern and Southern Africa, 2005 VII 4

mainly girls or children from ethnic minori- to remain anonymous, it allows for quick dis- ties.77 A study among primary school students tribution and replication of messages, and it in the fourth grade in the Republic of Korea can turn masses of children into bystanders or concluded that bullying is common in schools witnesses of non-physical bullying of a highly and arises from social conditions and bullies’ malicious nature as perpetrators hide behind emotional problems.78 Reports from South their anonymity. Asia indicated severe discrimination in the classroom, amounting to abuse and exclusion, How schools fail to discourage bullying Strong leadership, an ethos of caring, and against children from minorities or low castes. clear and consistently enforced policies can A consultation on violence in schools held reduce the incidence and severity of violence through UNICEF’s Voices of Youth forum in schools of all kinds and even prevent it from also confirmed the widespread experience of happening. Unfortunately, most schools apply bullying in schools in the Middle East and quick-fix solutions or deal with the problem North Africa, and led to calls from children superficially. They may expel perpetrators 123 to stop it.79 rather than attempt to change their behaviour, The most common forms of bullying are which only transfers the problem to another verbal and, if left unchecked, verbal bully- school or the wider community. They may ing can lead to extreme violence. Some of the include anti-violence material in non-compul- recent impetus for studies of bullying came sory courses or ad hoc lessons, but it is usually from the notorious school shootings in the insufficient to impart the knowledge and skills USA and Canada during the late 1990s. One teachers and students need to understand and investigation found that an inability to cope prevent violence.85 with social ridicule and personal rejection School bullying usually occurs when no teach- may have fuelled those outbursts.80 A study in ers are present and when student bystanders Israel found that bullies’ feelings of suffering, neither intervene nor inform teachers or other humiliation and anger often explain why they school staff. A Canadian study found that in move from verbal to physical violence.81 57% of cases where bystanders intervened the 86 The Internet and mobile phones have pro- bullying stopped. North American children vided new opportunities for bullying through participating in Children’s Forums held as part e-mails, online chat lines, personal web pages, of this Study suggested turning bystanders into text messages, and transmission of images.82,83 defenders through peer support schemes. A survey of students in Canada found that

Fighting, physical assault, and gangs SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE boys confessed to cyber-bullying more often than girls, and were also more frequently the Fighting generally involves conﬂict generall victims of cyber-bullying.84 Unique aspects of involves two or more people where it is not easy cyber-bullying are that it allows perpetrators to make distinctions between perpetrators and FIGURE 4.1

The percentage of children aged 11, 13 and 15 years who reported having been bullied within the past couple of months

64 Lithuania (N=5630) 65 44 Portugal (N=2919) 56 45 Latvia (N=3442) 52 48 Ukraine (N=4038) 50 41 Austria (N=4440) 48 42 Estonia (N=3979) 47 39 Switzerland (N=4652) 42 46 Greenland (N=832) 41 35 Russia (N=8026) 40 30 Belgium (N=10556) 40 124 34 Germany (N=5582) 40 37 Canada (N=4331) 38 33 USA (N=4956) 36 30 Norway (N=4955) 35 36 France (N=8103) 34 27 Poland (N=6351) 33 32 United Kingdom (N=14122) 32 27 Netherlands (N=4230) 32 32 Denmark (N=4646) 31 25 Italy (N=4353) 31 25 Former Yugoslav Rep. of Macedonia (N=4145) 31 18 Malta (N=1945) 30 24 Ireland (N=2830) 29 21 Croatia (N=4384) 28 25 Spain (N=5785) 27 21 Finland (N=5336) 27 23 Greece (N=3788) 26 Females 24 Hungary (N=4145) 23 23 Males Slovenia (N=3936) 22 15 Czech Republic (N=4970) 17 15 Sweden (N=3828) 15

020406080100 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Source: Analysis of data from the Health Behaviour in School-Aged Children: a WHO Cross-National Study 2001/2 (http://www.hbsc.org) and Currie C et al. (2001). Health Behaviour in School-aged Children: A WHO Cross-National study. Research Protocol for the 2001/2002 Survey. Edinburgh, Child and Adolescent Health Research Unit, University of Edinburgh. 4

FIGURE 4.2

The percentage of children aged 13–15 who had been bullied at least once within the last 30 days

Zambia (N=2257) 67 63

51 Zimbabwe (Harare) (N=1997) 60

57 Kenya (N=3691) 57

48 Namibia (N=6367) 57

Botswana (N=2197) 52 53

41 125 Uganda (N=3215) 50

42 Chile (Metropolitan Region) (N=2111) 50

43 Jordan (N=2457) 50

Swaziland (N=7341) 38 43

Guyana (N=1212) 38 43

29 Lebanon (N=5115) 39

36 Venezuela (Lara) (N=2166) 37

37 Females Philippines (N=7338) 36 Males Oman (N=2979) 37 35

17 United Arab Emirates (N=15790) 25

China (Beijing) (N=2348) 17 23

020406080 Percentage VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Source: Analysis provided to the Study by the Global School-Based Student Health Survey: The World Health Organization (http://www.who.int/chp/gshs or http://www.cdc.gov/gshs) for surveys conducted in 2003-5 “Two kids were ﬁghting and one of them pulled out a gun…because there were too many people around them…he didn’t do anything, but I think he would have shot him if there was no one around.” Boy, 11, North America, 2005 VIII

victims. Bullying can lead to fighting, with or schools, and accounts for only a tiny propor- without weapons. Physical assault can occur tion of criminal violence in the whole of soci- as a separate phenomenon, as in the case of ety. Media attention to extreme events such as an attack by one person on another driven by knifings or shootings in schools has created a inflamed feelings of anger or jealousy. It may distorted impression of the prevalence of such also be driven by general feelings of rage, frus- violence, but it has also prompted enquiry into tration or humiliation unprovoked by anything the connections between violence in schools the victim may have done, as in the case of vio- and criminal violence by juveniles and adults lent sexual assault and random shootings. outside schools. Analysis of data from the 2001/02 HBSC The testimony of children, parents, teachers survey revealed that anywhere from 25% of and others during the Children’s Forums and school-aged children in Finland to 49% of Regional Consultations held as part of this school-aged children in Lithuania had engaged Study suggests that extreme violence in schools 126 in physical fights during the past 12 months needs to be studied more thoroughly. A study and that physical fights were far more common in Jamaica found that 61% of students had among boys than girls (see Figure 4.3).87 Anal- witnessed acts of violence at school, 29% of ysis of data from more recent surveys done as those acts had caused injuries, and that many part of the GSHS suggests that, in develop- children felt unsafe in schools.91 In Jamaica, ing countries, fighting is more common, and the homicide rate was 55 per 100,000 in 2004, girls from developing countries are more likely and 25% of those arrested for all violent crimes to participate in it than girls in developed and were school-aged children, mainly boys. Most transitional countries (see Figure 4.3).88 of those crimes took place away from schools; however, a separate study has concluded that Boys tend to engage in physical fighting and crimes that did occur in schools were due to assault against each other as they seek to live up factors in wider Jamaican society, suggesting to stereotypes of males as being powerful and the need for comprehensive solutions.92 strong.89 Students at a Kenyan university were asked to record their ‘Memories of Childhood Weapons in schools Violence’. What they recalled most vividly was A recent nationwide study in the USA found violence by teachers, but they described bully- that from 3% to 10 % of students carried weap- ing and fighting among children in ways that ons on school property, while 12% to 25% suggested they were barely worthy of recollec- carried weapons outside school. The same 90 tion and just accepted parts of school culture. study found that 13% of students had been VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Homicide and serious injury involved in fights on school property at least once in the previous year and 33% had been Homicide and assault resulting in serious involved in fights outside school. The study physical injury– is comparatively rare in found that 5% of all students had stayed away 4

FIGURE 4.3

The percentage of children aged 11, 13 and 15 years old who reported having been in a physical ﬁght within the last 12 months *Source: Analysis of data from the Health Behaviour in School-Aged 6 China (Beijing) (N=2348)* 26 Children: a WHO Cross-National 13 Finland (N=5363)** 37 23 Study 2001/2 (http://www.hbsc.org) Swaziland (N=7341)* 37 32 Uganda (N=3215)* 39 and Currie C et al. (2001) Health 15 Former Yugoslav Rep. of Macedonia (N=4147)** 40 Behaviour in School-aged Children: 16 Germany (N=5610)** 40 24 A WHO Cross-National study. Greenland (N=853)** 43 31 Zimbabwe (Harare) (N=1997)* 45 Research Protocol for the 2001/2002 12 Venezuela (Lara) (N=2166)* 45 16 Survey. Edinburgh: Child and Switzerland (N=4660)** 46 23 Guyana (N=1212)* 47 Adolescent Health Research Unit, 35 Oman (N=2979)* 47 University of Edinburgh. Surveyed 24 Canada (N=4310)** 48 25 students aged 13-15. USA (N=4923)** 48 20 127 Sweden (N=3810)** 50 Zambia (N=2257)* 56 22 50 **Source: Analysis provided to the Netherlands (N=4213)** 50 Kenya (N=3691)* 46 51 Study by the Global School-Based Philippines (N=7338)* 51 Student Health Survey: The World 20 51 Portugal (N=2901)** 53 24 Health Organization (http://www. Denmark (N=4630)** 54 21 France (N=8140)** 54 who.int/chp/gshs or http://www.cdc. 42 Botswana (N=2197)* 54 26 gov/gshs) for surveys conducted in Chile (Metropolitan Region) (N=2111)* 55 19 Norway (N=4937)** 55 2003-5. Surveyed students aged 11, 27 Spain (N=5802)** 55 13 and 15. 24 Ireland (N=2857)** 56 21 Italy (N=4355)** 57 18 Females Croatia (N=4390)** 58 45 Namibia (N=6367)* 58 28 Males United Kingdom (N=14297)** 58 29 United Arab Emirates (N=15790)* 58 20 Austria (N=4449)** 58 24 Slovenia (N=3935)** 58 24 Malta (N=1961)** 59 29 Greece (N=3789)** 60 18 Poland (N=6359)** 60 28 Belgium (N=10511)** 61 19 Latvia (N=3450)** 62 18 Ukraine (N=4050)** 63 32 Estonia (N=3977)** 64 32 Hungary (N=4132)** 65 28 Lebanon (N=5115)* 65 22 Russia (N=8028)** 65 29 Jordan (N=2457)* 66 31 Lithuania (N=5639)** 67 27 Czech Republic (N=4978)** 69

02040608010 30 50 70 SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Percentage from school for at least one of the previous allel growth in gang violence in and outside 30 days because they were worried about their schools.99 (See the chapter on violence against safety.93 In the USA, some research has sug- children in the community.) gested that in schools where boys are carrying weapons, girls are also more likely to carry IMPACTS OF VIOLENCE 94 weapons. AT SCHOOL Studies from Canada suggest weapon-carrying This section outlines the possible impacts of in schools is as common in Canada as it is in violence at school. However, it is important to the USA.95 An analysis of school suspensions note that these consequences are not inevitable. in Nova Scotia found that around half were In fact, they are largely preventable and can be due to carrying a weapon. Whether weapon- signiﬁcantly reduced by effective interventions, carrying is a rising or decreasing phenomenon which are discussed in subsequent sections. in North American schools is a subject of 128 debate. The same is true of Western European HEALTH IMPACTS schools, though evidence suggests that physical violence of all kinds has remained fairly Violence in school can have a physical impact, constant.96 In other regions, weapons are often cause psychological distress, permanent physi- associated with gang violence. cal disability and long-term physical or mental ill-health. Physical impacts are the most obvi- The development of peer groups is a natural ous and may include mild or serious wounds, part of school life, but gangs also develop in bruises, fractures, and deaths by homicide or the school environment. These groups are dis- suicide. Sexual assault may lead to unwanted tinguished from other peer groups by more and early pregnancy and sexually transmit- formal structures and rituals. Gang violence ted infections, including HIV/AIDS.100 The in schools would appear to be most prevalent psychological impacts may include immedi- in places where violence in the whole of soci- ate impairment of emotional development and ety is common. Participants in the Caribbean long-term mental distress and ill-health, which Regional Consultation for this Study reported can contribute to physical ill-health as well. that gangs, gang violence outside schools and gang violence in schools have all grown in par- A number of studies have shown correlations allel. These participants reported that gang between corporal punishment and poor mental violence in schools includes severe beatings, health.101 While most have focused on corpo- stabbings and shootings, and tends to be more ral punishment within families, some have VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE severe than other forms of violence in schools focused on corporal punishment in schools. because it is associated with trafﬁcking of illicit One European study on personal histories of drugs.97,98 Participants in the Latin American depressed children found that corporal pun- Regional Consultation reported similar par- ishment in schools was the strongest past pre- “Tolerance of violence against children is a major obstacle to health and development in Europe. We cannot afford to let this violence continue unchallenged; we must act now to change the conditions that lead to the victimization of children.” Dr Marc Danzon, Regional Director for Europe, WHO 4

dictor of their current depression.102 It is now physical and mental health, especially if that recognised that peer violence among school- violence is repeated or severe, and if victims children also has signiﬁcant impacts on both lack adequate support.103,104 A study of bullying in 28 European countries FIGURE 4.4 found that physical symptoms of being bullied included headache, stomachache, backache, The percentage of children reporting to and dizziness, while psychological symptoms have a ‘high life satisfaction’ and included bad temper and feeling nervous, ‘excellent health’ among children aged lonely and helpless. The same study found 11, 13 and 15 years that, according to children’s own reports, the

50 more often they had been bullied, the more symptoms of ill-health they had. This ‘dose– response’ relationship was similar in boys and girls.105 An analysis of data from 30 industri- 40 129 40 High Life Satisfaction alised and transitional countries covered by 36 Excellent Health the HBSC study found that children who said they were bullies or the victims of bullying 30 29 were signiﬁcantly less likely than other chil- 27 dren to say that they enjoyed ‘excellent health’ and a ‘very satisﬁed life’ (see Figure 4.4).106 Children who said they were both bullies and 20 victims of bullying were the least likely of all to say they enjoyed either of these things.

10 SOCIAL IMPACTS

Studies from many different countries conﬁrm that the social impacts of corporal punishment 0 N=75507 N=73785 N=77884 N=74227 and all other forms of violence against chil- Neither bullied nor Bullied or bully others dren at school are invariably negative. A recent bully others study in Cameroon, for example, found that Source: Analysis of data from the Health Behaviour in corporal punishment in home and school is School-Aged Children: a WHO Cross-National Study likely to block the development of social skills. 2001/2 (http://www.hbsc.org) and Currie C et al. (2001). Victims of corporal punishment are likely to

Health Behaviour in School-aged Children: A WHO SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE Cross-National study. Research Protocol for the 2001/2002 become passive and overly cautious, and to Survey. Edinburgh, Child and Adolescent Health Research fear free expression of their ideas and feelings Unit, University of Edinburgh. while, at the same time, they may become perpetrators of psychological violence.107 “I didn’t go back to school for one month after I came forward. Everything reminds me, wearing my school uniform reminds me of what happened. I have dreams. He is in the classroom laughing at me. I sometimes have to pass down the hall where his classroom was. I thought I could see him, still there. I was scared he’ll still be there.” Girl, South Africa, 2001 IX

Some research suggests that children who are lower marks than other children.114 There also physically punished are less likely than other appears to be a relationship between bullying, children to internalise moral values. They are absence of bonding with other children, and less inclined to resist temptation, to engage in absenteeism.115 altruistic behaviour, to empathise with others or to exercise moral judgement of any kind.108 An analysis of data collected by the Trends in International Mathematics and Science Study They are more inclined to engage in disorderly (TIMSS) focused on eighth and ninth grade and aggressive conduct such as hitting their sib- maths and science students in 49 countries, lings, parents, schoolmates and boyfriends or and found that in schools where there was a girlfriends.109 And they may become adults who heavy emphasis on competition and large gaps use corporal punishment against their own chil- between high and low scorers, students were dren, and so pass on the habits of violence.110 more likely to engage in violence against each North American and European studies suggest other.116 A not her a na lysis of t he sa me data fou nd 130 that school bullying, whether the children are no strong relationship between this violence in victims or perpetrators or both, can be a predic- schools and the patterns of violence or lack of tor of future anti-social and criminal behaviour, social integration in the wider society.117 including intimate partner violence, involve- A number of studies in South Asia indicate that ment in ﬁghts and self-destructive behaviour 111,112 violence at school, notably corporal punish- such as smoking and drinking to excess. ment, leads to students dropping out of school. A study in Nepal, where harsh corporal pun- EDUCATIONAL IMPACTS ishment is routine, found that 14% of school 118 In the Regional Consultations for this Study, dropouts can be attributed to fear of teachers. physical and psychological punishment, verbal A Save the Children submission to this Study abuse, bullying and sexual violence in schools found that children in South Asian countries were unanimous in their opinion that corpo- were repeatedly reported as reasons for absen- ral punishment is a major reason why children teeism, dropping-out and lack of motivation drop out of school. They also said that regular for academic achievement. In a Save the Chil- beatings result in a loss of interest in studies, dren submission to the Study, children from and a drop in academic performance.119 Bangladesh said that physical and cruel or degrading punishment affected their school Studies have found that, in South Africa, vic- performance and that they valued kind and tims of sexual violence are greeted with such comforting teachers who explained rather than hostility after they report the violence that VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE drilled.113 The educational impacts of bullying they leave schools for periods of time, change have been less well researched than other psy- schools or quit schools entirely, while the teach- chological and social impacts, but it is known ers or students accused of abusing them remain that both victims and perpetrators tend to get in place.120,121,122,123 In most African, Asian and 4

Caribbean countries, pregnancy resulting from abuse, harsh, lax or inconsistent discipline, or sexual assault and coercion often forces girls to poor parental monitoring. quit school and miss out on opportunities for education and compromises their future. A study in the USA interviewed 1,467 children from 12 to 17 years old about experiences of victimisation over time. The study suggested that FACTORS CONTRIBUTING some children may be ‘poly-victims’ (victims TO VIOLENCE of different types of violence), who reported, for example, corporal punishment by parents, RISK FACTORS sexual abuse by a relative, physical assault by Risk factors make it more likely that a child a peer, and bullying by peers in school. Persis- will be a victim or perpetrator of violence in tence of poly-victimisation was associated with schools, while protective factors make it less the child scoring high on anger and aggres- likely. Both individual and external characteris- sion scales, family problems, and having expe- tics (including beyond the school), are relevant rienced recent life adversities. Having more 131 friends was associated with decreased levels of to increasing or decreasing the likelihood that a 130 child will be involved in school violence or seri- violence. ously harmed by it when it occurs.124,125,126 Violence in schools tends to be less about isolated incidents and more about patterns of vio- Research on risk factors for violence against lence. Without proper systems in place, these children specific to schools is lacking for the patterns become normalised and can escalate. full range of international contexts, and tends No single factor or combination of factors to focus on peer violence. In general, research protects children from violence. Risk factors from mainly industrialised countries suggests do not operate in isolation, and their impact that influences tend to change with develop- can be mediated by protective factors. The mental stage: for example, the influence of concept of resilience involves a number of pro- family is stronger for young children, while tective factors, and has emerged in the litera- the influence of peers is stronger for adoles- 127 ture as important in preventing violence and a cents. Consistently emerging from research number of other risk behaviours. as significant risk factors specific to schools are poor academic performance, high absen- RESILIENCE AND OTHER teeism, leaving school early, and unstructured PROTECTIVE FACTORS free time.128,129 In addition, many of the factors identified in research about other aspects of life A child’s resilience can be defined as the child’s are also likely to be relevant to schools – for capacity “to cope successfully with everyday SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE example, pro-violence attitudes, risk-taking, challenges including life transitions, times of weak social ties, affiliation with anti-social cumulative stress and significant adversity or peers, poor parent–child relationships, drug risk. Typically, resilient children are recog- “If they [kids] are beaten at home, they are going to beat, that is, if their parents ill-treat them or don’t talk to them, kids will beat others because they are beaten. They are going to drag with them what they see at home. This is the basis of violence.” Adolescent girls, Latin America, 2005 X

nised by their high self-esteem, internal locus Many of the protective factors identified in of control, optimism and clear aspirations, other settings are also relevant to the school achievement and goal-orientation, reflection environment, although research across inter- and problem-solving capacity, healthy com- national contexts is lacking. For example, rela- munication patterns, and the capacity to seek tionships with caring and mentoring adults out mentoring adult relationships.”131 appear to promote resilience through modelling of pro-social behaviour, providing guid- Schools can play a critical role in building ance, and offering protection – all of which children’s resilience and feelings of well-being, good teachers do on a daily basis.136. Having which have also been linked to the reduced the perception that clear sanctions will follow 132 likelihood of being victimised. Adults and transgressions at school is also protective, peers in children’s families and communities underlining the importance of having clear begin building, or failing to build, children’s codes of conduct and making sure they are resilience from birth. Good parenting in stable enforced. In addition, schools can promote the 132 family units is critical. The power of early development of strong peer group and social parent–child bonds established within warm bonds to build resilience, as well as build and supportive family relationships, along with empathy, conflict management skills and criti- high levels of parental care during early child- cal thinking.137,138 hood, are important in building resilience.133 But even when families or communities fail, SYSTEMATIC RESPONSE schools can compensate, especially when they TO PATTERNS OF VIOLENCE provide strong support from the early years. Schools can also provide bridges between While support from their families and peers children and their families and communities, is critical to making children less vulnerable helping families and communities to under- to violence in schools, an increasing body of stand how they affect children and to acquire research confirms that the systematic attention the skills to become more supportive. to the behaviour of the school heads, teachers and other school staff is also critical. If they Studies from Australia suggest the impor- engage in abusive behaviour and show distance of comprehensive and whole of school respect for the rights, comfort and safety of approaches in reducing risk factors and increas- others, then children will follow their exam- ing protective factors simultaneously. Support ple. Many North American studies have found from teachers, parents and other adults has a direct correlation between their lack of firm been identified as important, as well as having intervention and the prevalence of violence VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE supportive peers and belonging to support- among children.139 A study in Yemen found ive pro-social groups. Such a whole of school the same correlation.140 Studies in Botswana approach has also shown improvements in stu- and Ghana have found that when teachers tol- dent mental health.134,135 erate sex segregation and tension between the “I am disabled and I hate children {who} tell me so.” Child, of 8-10 years, South Asia, 2005 XI 4

sexes, they help to sustain cultures of bullying in a manner acceptable to adults is more likely and sexual and gender-based violence.141 to be administered by threats, slaps and other physical means.144 As early as pre-school age, In the Americas, South Africa and places children develop attitudes to others, includ- of violent civil conflict such as Nepal and ing discriminatory attitudes, and these tend Sierra Leone, however, much of the violence to become more pronounced during primary among children in schools enters from the school, perhaps evolving into bullying (or being violent world surrounding the schools. Social victimised). There may also be gender-based upheaval and displacement combined with low violence of a verbal nature at early ages, and it academic achievement may lead to students may evolve until, towards or after puberty, it becoming violent. In the Occuppied Palestin- becomes threats of physical violence. Simon’s ian Territory and Algeria, boys who transfer story illustrates how each child’s experience of from other schools and repeat grades are more violence is unique but changes over the years prone to violence than their peers.142 (see box). 133 There is evidence to suggest that fierce peer Individual characteristics of the child can also competition, gender-based violence and gang increase vulnerability. According to North violence within schools are all, to some extent, American researchers, children with disabili- related to the stresses that go with moderni- ties and learning difficulties are often targeted sation and industrialisation. These phenom- for exclusion, discrimination and bullying.146 ena are all more commonly reported from the Children with speech defects or whose move- urban areas of industrialised or rapidly indus- ments are affected by conditions such as mul- trialising countries than from rural areas of tiple dystrophy are also frequent targets of bul- less developed countries. Country responses to questionnaires distributed to Governments lying. Much of the evidence, however, derives by this Study indicate that countries in rap- from schools for children with special needs. idly industrialising regions, such as East Asia, Schools with explicit policies of integration are just beginning to become concerned about and inclusion tend to focus more on reducing bullying and other forms of violence among stigma, discrimination and bullying of these children.143 children, although conclusive evidence is not yet available.147 Data from developing countries CHILDREN WHO ARE VULNERABLE are sparse, but a study from South Asia found TO VIOLENCE that children with disabilities are sometimes referred to by their disability as if it were their Children’s vulnerability to violence changes name.148 Studies covering seven countries in as they grow older. During infancy and young the Middle East and North Africa found that SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE childhood the child’s cognitive ability is less children with learning difficulties were at high developed and activity level is high, so train- risk of being both the victims and perpetrators ing to avoid danger and self-harm or to behave of bullying inside and outside schools.149 SIMON’S STORY: A CASE STUDY ON A CHILD’S LIFE- CYCLE AND VIOLENCE IN SCHOOLS

Day-care centre: “I hated the girls and used to tease them.” “My mother enrolled me in a nursery school. Immediately I became rational, I preoccupied my mind with constructive things, (like) building my own toy cars as I had learnt from other children. I hated the girls and used to tease them. On seeing me, they would run away because I could beat one for no reason. A Catholic sister came to our nursery to teach. She introduced common games like hiding and seeking, songs in which we played together with the girls. Surprisingly, I came to love all the girls and even sang songs praising their names and comparing them to roses.” Middle primary school: “We always anticipated being beaten for the slightest error.” 134 “Sometimes we were beaten for having dirty collars on our shirts, (or) long nails. The punishment was very severe. (It is impossible for) the shirt of an active standard 4, 5, 6 student to be sparkling white at 4 p.m. unless the boy/girl is sick. My maths teacher in class eight made us kneel on a Saturday for 2 hours for failing a sum. We could be told to kneel on pebbles.” Upper primary school: “Students had to speak English all the time to avoid teachers’ wrath.” “In my fourth year in my primary school, there was a declaration that all students of upper level (4–8) had to be speaking English. On speaking mother tongue, one’s name was written down by the class prefect and the list of those who spoke Kiswahili or mother tongue forwarded to teachers. A meeting was called and those appearing on the list punished by receiving six strokes of the cane for class 4 pupils, 7 for class 5 and 10 for class 6 to 8. The teachers stood in a row and each could whip you with all his might. Surprisingly, no female teacher could join the male teachers nor be around. Tears could be shed and all forms of struggle and screams. There was nothing but fear and hatred.”145 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE “My classmates knew my parents had died, they caused problems for me. I was segregated. I was known as ‘The Son of AIDS’ and ‘TASO Child.’ The kids wouldn’t want to sit next to me.” Boy, receiving assistance with school fees from the AIDS Service Organization, 2004 XII 4

‘Outsider’ children, including those who are dance is already low. 153,154 In Africa, children refugees or from indigenous minorities, are orphaned or otherwise affected by HIV and especially likely to be excluded, discriminated AIDS may suffer stigma in school while they against and bullied. Evidence from Australia are also shouldering extra burdens of grief, suggests that Aboriginal students are more poverty and sibling care. A recent Human likely to be recipients of verbal abuse from Rights Watch report into the impact of HIV teachers and from non-Aboriginal peers than and AIDS on affected children’s access to edu- the others.150 In Botswana, research by authori- cation in Kenya, South Africa, and Uganda, ties has found that the dropout rates of Basarwa documents how stigma in school leads to (or San) children are unusually high, and that taunting, and makes it difﬁcult for children they drop out largely because of prejudice and to communicate with their teachers about ill- bullying, though also because the corporal ness in the family.155 Within the context of punishment meted out in schools is alien to silence and shame that surrounds HIV infec- their culture.151 Children from nomadic com- tion, the fear of stigma, discrimination and 135 munities may miss formal schooling altogether possibly violence can lead to HIV-infected and or else be excluded, discriminated against, or affected children withdrawing from school or bullied. being excluded, as reported not only in South- ern Africa but elsewhere, including Bolivia, El In South Asia, children from ofﬁcial castes and Salvador, Ghana, Haiti, India and Nepal.156 indigenous tribes suffer from exclusion, discrimination and bullying in schools. In Latin The special situation of girls America, as elsewhere, indigenous children are frequently banned from wearing traditional In many places, there are local schools for clothing and hairstyles.152 In industrialised young children, but children have to leave countries, children of minorities or those who home for boarding schools, or to live with rel- wear faith-related garments, such as a hijab atives for the higher primary grades and sec- or burka, also face discrimination by State or ondary school. This is often the case in regions educational authorities. Such discrimination where populations are scattered through rural may be called a form of psychological violence areas, perhaps in mountains or other hard-to- insofar as it conveys the message that children access locations. Parents fear that their girls are somehow less worthy because they are dif- may be assaulted on the way there or back, on ferent, and that what makes them different the road, or in crowded buses. A World Educa- must be suppressed. tion study in Peru found that as the distance a girl travels to school increases, so does her Orphaned children are more likely to drop out chance of being molested. The risks of sexual SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE of school or to repeat grades, and the contrast harassment, rape and unintended pregnancy between the attendance of orphans and non- keep many Peruvian girls home and increase orphans is greatest in countries where atten- absenteeism, grade repetition and dropout.157 “As my father could not go to pick up my sister from school one day, she had to come home alone. On the way home four boys touched her but she could not talk to her father about that. But she told me, and even I could not tell father.” Boy, South Asia, 2005 VIII

The EFA campaign has shone a spotlight on the fact that girls still have less access to schooling than boys in most developing countries, that the discrepancy increases sharply after the primary grades, and that there is a strong correlation between low levels of education for girls and women and low levels of national development. 158,159 In some societies with low levels of girls’ education, the seclusion of girls at home after puberty is still common, and the same is true of early marriage, for example, in many parts of South Asia and the Middle East. Even where seclu- 136 sion is not practised, research shows that parents fear for their girls’ sexual safety in school. In sub-Saharan Africa, this fear is exacerbated by fear of HIV infection. In 2001, a Human Rights Watch study on gender-based violence in schools found alarming levels of sexual violence against schoolgirls, and a frightening degree of tolerance and collusion by teachers.160 Such evidence all too often results in pressure on girls to leave school.161 UNICEF/HQ04-0611. Giacomo Pirozzi Giacomo UNICEF/HQ04-0611.

RESPONSES TO VIOLENCE AZERBAIJAN, 2004, Two children from an ‘internat’ AGAINST CHILDREN (boarding school) in the town of Sheki. IN SCHOOLS AND accepting them for whom they are, EDUCATIONAL SETTINGS respecting their rights and helping them In the many children’s forums, Regional Con- to express themselves constructively and sultations and submissions that contributed to develop their full potential. to this Study, clear messages came from the • They want teachers and other school staff to help them get along with each

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE world’s children: other and to develop the habits of • They want the violence to stop. mutual respect and empathy that will • They want teachers and other school see them through lives of constructive staff to give them ﬁrm guidance while citizenship. 4

AT A GLANCE: CHILDREN OUT OF SCHOOL

• 115 million or 18% of children of primary school age were not in school in 2001/02. Of these, 61.3 million (53%) were girls, 45 million (39%) were in sub-Saharan Africa and 42 million (36%) were in South Asia. Most likely to be out of school were children in West and Central Africa (45.3%), Eastern and Southern Africa (38.5%), South Asia (26%) and the Middle East and North Africa (18.7%) and in all of these regions girls were more likely to be out of school than boys. The greatest disparity between boys and girls was in the Middle East and North Africa, where 15.4% of boys but 22.1% of girls were out of school. • Boys and young men still have far better chances of going to school than girls and young women. Of the 86 developing countries for which data are available, 50% have achieved gender parity (where a girl’s chances of going to 137 school are equal to a boy’s) in primary education but only 20% have achieved gender parity in secondary education and 5% in tertiary education.162 • In much of the world, secondary schooling is a luxury. Gross enrolment in secondary education (number of children and adults of any age in secondary school as a percentage of the number of children of ofﬁcial age for secondary school) is less than 40% in many countries in sub-Saharan Africa, South and West Asia, East Asia and Paciﬁc, and North Africa and Middle East and less than 60% in many other countries in these regions and in Latin America and the Caribbean.163

• They want their parents and other ress toward violence-free schools. There is now adults outside schools to play widespread and rapidly growing awareness of constructive roles in their education, violence in schools and of the harm it is doing promoting and supporting violence-free to children and to all of society. Many coun- schools and giving them violence-free tries in all regions are taking action to counter homes and communities.164 that violence, and there is mounting evidence to suggest which approaches work best. The many contributions to this Study have also shown that there is good reason for hope that Unfortunately, there are no simple or single SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE the dreams of these children can and will be strategy solutions. To be effective, it is important realised, if only countries will commit them- that approaches address overall prevention, for selves to accelerating and sustaining their prog- example through life skills-based education, as well as early intervention when problems arise, on recognition that all children have equal rights and safe and supervised activities and facilities to education in settings that are free of violence, for children and young people.165 and that one of the functions of education is to produce adults imbued with the non-violent This Study has concluded that the most effec- values and practises. tive approaches to countering violence in schools are tailored to the unique circumstances of the The overall approach can be called ‘rights- schools in question, but that they also have key based’ and ‘child-friendly’. It is consistent with elements in common. Speciﬁcally, they are based the CRC, other international conventions on

THE UNITED NATIONS GIRLS’ EDUCATION INITIATIVE (UNGEI) ROLE IN PROMOTING GIRLS’ PARTICIPATION

In 2000, UN Secretary-General Koﬁ Annan showed his strong commitment to girls’ 138 education by launching the United Nations Girls’ Education Initiative (UNGEI), a partnership for girls’ education and gender equality. It is emerging as an effective strategy for the prevention of violence against girls. In countries where UNGEI is established, partners work together to strengthen interventions that promote girls’ access to quality education. Interventions which include those that accelerate and encourage the participation of girls and boys in their own empowerment. For example, the Girls’ Education Move- ment (GEM) operates in Botswana, Lesotho, Kenya, Uganda, South Africa, the United Republic of Tanzania, Zambia and Zimbabwe as an important aspect of UNGEI. When GEM was launched in 2001, it was conceptualised as a pan-African education initiative through which girls would become leaders in the transformation of Africa and agents in the decision-making processes concerning their educational chances. In Uganda, GEM is very active in making sure that orphans and other vulnerable children access school, and work with local authorities and traditional leaders to address the issue of early marriage. In Botswana, GEM has done a baseline study on safety in schools which is being edited for publication. In South Africa, GEM works through Public–Private Partnerships to support the education of girls in mathematics, science and technology and, sponsored by UNICEF, has a number of different activities for ensuring that the voices of girls and young women are heard, particularly in relation to policy-making. Girls’ Parliaments, sponsored by GEM, in conjunction with the National Department of Education in South Africa, have offered girls the opportunity to contribute to policy-making around issues VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE of sexual violence in schools. The ﬁrst Girls’ Parliament in South Africa took place in 2003. It is worth noting that GEM in South Africa has also developed posters addressing gender violence, and a chat line for girls to speak out.168 4

human rights and the EFA goals, and widely LAWS AND LAW ENFORCEMENT endorsed by international organisations. Most importantly, it answers children and young International conventions, regional agreements adults around the world who say they want the and national laws that address corporal punishment, sexual harassment and assault, and violence to stop. other forms of violence are essential steps in the The basic principles of a rights-based child- movement toward violence-free schools. Experi- friendly school are that it should be166,167: ence has shown, however, that many countries are slow to meet their international and regional 1. Proactively inclusive. The school seeks obligations and slow to enforce their own laws. out and enables the participation of all children of both sexes, and especially those Since the UN General Assembly adopted the who are different ethnically, culturally, CRC in 1989, a substantial number of coun- linguistically, socio-economically and in tries have taken steps to ban corporal punishment in schools, even though they have often their abilities or disabilities. 139 been lax in enforcing their laws. High-level 2. Academically effective and relevant. It courts in many regions and countries includ- meets children’s needs for life and liveli- ing Namibia (Supreme Court, 1991), South hood knowledge, attitudes and skills. Africa (Constitutional Court, 2000) and in the courts of various parts of federal coun- 3. Gender-sensitive. It creates environments tries – for example, Delhi, India (Delhi High that foster gender equality, and it meets Court, 2000), and Canada (Supreme Court, the needs for knowledge, attitudes and 2004)169 – have condemned corporal punish- skills that ensure gender equality. ment in schools and required its prohibition. 4. Healthy and protective. It promotes and The Committee on the Rights of the Child protects children’s emotional, psychologi- notes in its recent General Comment No. cal and physical well-being by providing a 8: “Where, despite prohibition and positive healthy and protective educational climate. education and training programmes, cases of corporal punishment come to light outside 5. Engaged with the family and the com- the family home – in schools, other institu- munity. It seeks out and enables the par- tions and forms of alternative care for example ticipation of children’s families and the – prosecution may be a reasonable response.” community in the development and imple- 170 The threat to the perpetrator of other dis- mentation of all aspects of school policies ciplinary action or dismissal should also act as and programmes, including those designed a clear deterrent. It is essential that the pro- SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE to protect children from harm and to teach hibition of all corporal punishment and other children to appreciate the rights of other cruel or degrading punishment, and the sanc- children to the same protection. tions that may be imposed if it is inflicted, should be well disseminated to children and place and these often apply to educational to all those working with or for children in all workplaces, such as schools, and may serve to settings. Monitoring disciplinary systems and protect both teachers and students. In South the treatment of children must be part of the Africa, for example, the Promotion of Equality sustained supervision of all institutions and and Prevention of Unfair Discrimination Act 4 placements. Children and their representatives (2000), defines harassment as “unwanted con- in all such placements should have immedi- duct which is persistent or serious and demeans, ate and confidential access to child-sensitive humiliates or creates a hostile or intimidating advice, advocacy and complaints procedures environment or is calculated to induce submis- and ultimately to courts where necessary, and sion ... and which is related to sex, gender or legal assistance. In institutions, there should sexual orientation.” The Government of South be a requirement to report and to review any Africa has taken steps to make the investiga- violent incidents. tion of alleged rapes more sensitive to the concerns of victims and, therefore, more likely to 140 Many countries have laws or, at least, policies result in successful prosecutions. In addition, that prevent sexual harassment in the work- South Africa’s Department of Education has

SOUTH AFRICA’S GUIDELINES TO STOPPING TEACHERS FROM SEXUALLY ABUSING STUDENTS

In 2000, South Africa’s Department of Education issued guidelines noting the prevalence of sexual abuse of students by teachers and the consequent high risk of HIV transmission. The guidelines explain the law and the consequences of violating the law: – Educators must not have sexual relations with learners. It is against the law, even if the learner consents. Such action transgresses the code of conduct for educators, who are in a position of trust. – Strict disciplinary action will be taken against any educator who has sex with a learner. – Sex that is demanded by an educator without consent is rape, which is a serious crime, and the educator will be charged. If an educator has sex with a girl or boy who is under 16 years, he or she will be charged with statutory rape and may face a penalty of life imprisonment. – If you are aware of a colleague who is having sexual relations with a learner, VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE you must report them to the principal or higher educational authorities, and if the boy or girl is under 16, to the police. If you do not do so you may be charged with being an accessory to rape.172 4

TWO COUNTRIES WHERE NATIONAL COMMITTEES DEVELOP AND ENFORCE ANTI-VIOLENCE MEASURES

The Republic of Korea’s Act on the Prevention of School Violence requires that a new plan for preventing school violence be drawn up every five years. A National Com- mittee has responsibility for coordinating and monitoring implementation of the plan and for overseeing the five-year reviews and updates. Every school is required to hold regular sessions to review their contributions to the implementation of the plan, and to recommend whatever actions may be called for within the school or beyond. In Cyprus, the Ministry of Education requires all schools to establish committees to address needs for “prevention and confrontation of violence in the family and school environment.” These committees are empowered to receive and investigate complaints of violence before passing them on to the appropriate authorities.174 141 issued special guidelines applying to sexual RIGHTS-BASED SCHOOL POLICIES relations between students and teachers in AND PROGRAMMES schools (see box).171 A large number and variety of policies and pro- Under-reporting of all forms of violence is a grammes to counter school-based violence have chronic problem in most countries. Reasons been introduced in all regions of the world. include lack of confidence in the capacity of Only a few of these have been rigorously eval- authorities to intervene in constructive ways, uated – and mostly in industrialised countries and fear of repercussions to victims and their – but the results are encouraging, and show families and even to perpetrators, since so that effective solutions exist, although they are much violence occurs within circles of people not widely implemented. who know each other. UNESCO has found promising anti-school- Government responses to the questionnaire violence programmes in eight countries –Aus- sent out as part of the Study173 show that a few tralia, France, Israel, Japan, Northern Ireland, countries have reformed laws and improved Norway, South Africa and the USA. These law enforcement to address school violence in programmes are well-regarded by administra- more holistic ways, as part of broader efforts tors, teachers, students and parents and show to promote and support rights-based child- early indications of being effective in reducing SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE friendly education for all children (see box). violence in schools. A small body of research evaluating these programmes indicates that they not only reduce violence, but help students develop better social skills, higher self-esteem A growing body of research has considered and a greater sense of personal control over schools as social systems and sought to iden- their lives, and also help students attain higher tify parts of the systems that might be changed levels of academic achievement.175 to reduce violence. The conclusion has been that effective school leaders (e.g. the heads During the past 10 years, profound concern of education authorities and of individual about violence in North American schools has schools) can go a long way toward improving led to considerable research and experimenta- the quality of school life by working with the tion with different interventions, and there is other stakeholders to develop and implement now a large body of literature documenting policies governing the conduct and discipline and evaluating different approaches.176,177 As of teachers and students and building com- a result, there is now evidence of approaches munity confidence in schools.178,179 A study of that work in Canada and the USA. Similar schools in Botswana and Ghana found that the research and experimentation is underway in most common feature of safe and high-achiev- 142 many other countries and, where there are ing schools is strong management.180 evaluations, they are demonstrating that these countries are finding approaches that work, A review of programmes to address violence too. There is no reason to doubt that, with the in Latin American and Caribbean schools will and resources (often minimal), any coun- pointed to the importance of building positive try, community or school can find effective attitudes and behaviours from as early an age ways of reducing violence in schools. as possible, sustaining the effort to build those values right through school, and doing this The following discussion focuses on particular through such means as giving students oppor- areas of intervention and provides examples tunities to participate in making the deci- of promising practices from all regions of the sions that shape their school environments.181 world. Ensuring such continuity calls for action by authorities that oversee all schools, whether at LEADERSHIP AND POLICY national, district or local level. DEVELOPMENT A longitudinal study in Norway has found a causal link between good classroom manage- Policies to tackle school violence should recog- ment techniques and reduced peer violence.182 nise that schools are, above all, places of learn- In addition, the curriculum should promote ing and can play an important role in equal- the values of social equality, tolerance toward ising power and eliminating abuses of power.

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE diversity and non-violent means of resolving Schools can be guided by the highest human conﬂicts. rights standards in everything they do, and use alternative, non-violent methods of communi- What happens outside the classroom is also cation, negotiation and conﬂict resolution. critical. Education authorities should pro- “If teachers talk badly to us, if they do not take care about what they say and do not respect us, how do you expect us to respect them? They are not good role models for us.” Student, Indian Ocean subregion, 2006 XIV 4

vide guidance and support to school heads recruiting the best candidates, and then offer and teachers, helping them shape the climate them insufﬁcient pre- and in-service train- outside the classroom by changing the way in ing, low salaries and poor working conditions, which the school is managed. Codes of conduct often in overcrowded and ill-equipped schools should be developed and enforced through and classrooms. In most countries, teachers processes that give a voice to every stakeholder, are already overburdened, but they are under for example through student councils and par- increasing pressure to take on more responsi- ents’ associations. The climate thus created bility for addressing violence in their schools, within the school can spill over into the wider though they often lack the training and exper- community when, for example, students carry tise for this added responsibility. If, despite all home the values and habits they learn in school this, schools attract good teachers, they then and then carry them through their lives, into have difﬁculty retaining them. their workplaces, relationships, and so on. All of these factors should be taken into 143 SUPPORTING SCHOOL STAFF account when assessing needs to change the way teaching candidates are recruited, There are almost 43 million teachers at the pri- trained, and supported. Teachers cannot carry mary and secondary school levels around the the whole burden, so any assessment of their world, in addition to an unknown number of needs should look at ways in which educa- teachers in pre-schools and other educational tion authorities, school heads and other school settings, and their potential to act as role staff, parents and communities may be under- models is immense.183 Teachers are among any mining teachers’ work, and at ways in which country’s most important agents of social devel- they could be doing more to support it. opment and change, since they make essential contributions to the emotional and cognitive Most Governments that responded to the Study 184 development of current generations of children questionnaire reported that they, NGOs or and thus to future generations of mature and partnerships between the two were supporting responsible citizens. Even when children are teacher training programmes that addressed subject to violence in their homes and commu- violence. However, this training was often not nities, teachers can provide them with models continuous, systematic and sustainable. Most of non-violence from a very early age. of the training programmes addressed prevention and protection; some addressed rehabili- Good teacher recruitment and training should tation of victims or offenders; only a few coun- be at the very root of any country’s long-term tries mentioned redress (Gambia, Nigeria, the and comprehensive strategy to reduce vio- Seychelles, Singapore, Switzerland, and Thai- SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE lence, not just in schools but in the whole of land), penalties (Cameroon, Singapore, Sri society. In reality, however, many countries Lanka, Switzerland, and Thailand), methods undervalue teachers, pay little attention to for educating students in violence prevention IN CROATIA, A CAMPAIGN FOR ‘SAFE AND ENABLING’ SCHOOLS ACHIEVES EARLY RESULTS

In the spring of 2004, after broad consultations with Government ministries, civil society organisations and others, UNICEF launched a ﬁve-phase campaign ‘For a Safe and Enabling School Environment’ in Croatia. Before the launch, a national survey covering students, parents and teachers established baseline data on violence in schools. The campaign was scheduled to last for 18 months. After 12 months, an evaluation found that it was surpassing expectations. More than 4,500 teachers, twice the number targeted, had received training in non- violent methods of teaching, discipline and intervention in violence among children. The campaign had covered 121 schools including more than 60,000 children, 20% more than targeted, and this had been achieved with 15% less than the projected 144 budget. More than 92% of Croatian citizens had become aware of the campaign, while more than 80% of funding was now coming from individual donors and corporations within Croatia. Most importantly, there had been signiﬁcant decreases in some forms of violence and increased awareness of others. For example, children and teachers were better able to recognise all forms of bullying and better prepared to stop it. More than 80% of students knew the rules against school violence, and knew of an adult they could turn to for help. There were, however, challenges ahead. Teachers felt they were more competent to deal with violence but, while students felt safer, they still did not consider that schools provided them with enough protection against violence. The evaluation concluded that there was need for more parent involvement and for the strengthening of peer support for non-violence among students.185

and protection (Bulgaria, Estonia, Indonesia, THE PARTICIPATION OF CHILDREN the Netherlands), or methods for integrat- ing human rights and non-violence into the Involving children in developing and imple- school curriculum (Brazil and the Seychelles). menting programmes is important in building personal knowledge, attitudes and skills,

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE While these efforts are all moving in the right direction, clearly more radical and sustained ensuring programme relevance and ownership, improvements in teacher training for non-vio- and ultimately in improving programme out- 186,187 lence are needed. comes. A study by the United Kingdom Department for International Development 4

CHILD RIGHTS CLUBS EMPOWER ZAMBIA’S SCHOOLCHILDREN

The Zambia Civic Education Association (ZCEA) works to promote and protect children’s rights through civic education. Through its Child Participation Programme, it supports Child Rights Clubs that empower children by raising their awareness of their rights under the CRC, the African Charter on the Rights and Welfare of the Child, and other instruments. At least 300 Child Rights Clubs in primary and secondary schools operate throughout Zambia.195 covering Bangladesh, Kenya, Nepal, Sri Lanka, Exploratory studies and experience in all regions Uganda, and Zambia found that teaching envi- have identified benefits, some unexpected, of ronments that put children at the centre of the involving children in the development and learning experience, so that teachers listen to implementation of programmes to address 145 their concerns and needs, are more likely to violence in schools.192 Children can provide a address violence effectively than other schools.188 comprehensive snapshot of their experience of Another international study by World Vision violence in their schools, thus giving staff infor- found that, in communities where children mation they need to take action. Involving chil- participate in discussing and addressing vio- dren serves as effective intervention in itself, in lence, discussion is more open and more likely that it helps to heal children through the disclo- to result in specific strategies.189 sure of experiences and sharing of feelings, and it teaches the staff about children’s experiences Save the Children has had a number of first- and feelings, and this in turn changes staff atti- hand experiences working with partners in the tudes and behaviours.193,194 establishment and support of child-led organisations and initiatives whereby children hold adult WORKING WITH PARENTS decision-makers and caregivers accountable, AND COMMUNITIES and work with them on addressing school violence.190 Research in the USA suggests that the Many countries have a tradition of involv- best initiatives tend to be those in which students ing parents and communities in school life. and teachers work together on developing and In North America, there is a long tradition implementing strategies to make schools safe for of Parent–Teachers’ Associations (PTAs). everyone. Peer mediation and peer counselling, Typically, these have branches in every public for example, are more effective when students school within a community, plus an umbrella SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE and teachers work together in developing and PTA covering the whole community, and they assessing appropriate mediation and counselling enable parents’ rights to monitor schools and methods.191 intervene as they see fit. In the USA, the Safe Schools Coalition of Washington was set up communities get involved in addressing the out of concern about violence against gays and full range of violence issues in schools. Where lesbians in Seattle schools, but it and similar such involvement is not already taking place, Safe Schools Coalitions in a number of other there may be existing mechanisms for secur- states now serve as public–private partnerships ing that involvement. In Lesotho, the United through which many Government organisa- Republic of Tanzania and a number of other tions and NGOs collaborate to address vio- sub-Saharan African countries, for example, lence and other safety issues in schools.196 there are now local committees that involve a Many other countries have similar organisa- broad range of stakeholders in addressing the tions through which parents and community- full range of issues related to HIV and AIDS. based organisations address a wide range of Mexico City, Nepal, and Kenya provide exam- issues in schools, in collaboration with educa- ples of what major cities or whole countries tion authorities, school heads and teachers.197 can do to involve parents and communities (see boxes). 146 Elsewhere in this section, a number of examples are given of ways in which parents and

IN MEXICO CITY – ‘COMBATING VIOLENCE: EDUCATION FOR PEACE’ PROJECT

In Mexico City, social inequalities, poverty and other factors have contributed to increasing violence in homes, schools and the whole city, and school violence has been linked to high rates of early dropout. Currently, more than 1,500 of the city’s schools and 450,000 of the city’s students are participating in a project called “Combating Violence: Education for Peace – For Me, You, and the Entire World.” The project consists of training workshops that build the capacity of school administrators, teachers, students and parents to resolve conﬂicts in a non-violent manner. Follow-up in schools aims to ensure that the lessons have been absorbed and put into practice, and to provide support to individuals charged with the responsibility for continuing to build the capacity of each school’s population to resolve conﬂicts peacefully. The project owes its launch and success to leadership and enthusiastic support from the Secretary of Educa- tion and, mostly importantly, from school heads. The hope, now, is that the project will become a permanent programme after the city’s next general elections.198 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE 4

IN NEPAL – GIRLS TAKING ACTION TO END SEXUAL HARASSMENT

In Surkhet, Nepal, Save the Children has supported girls as they educate men and boys and make their schools and community safer. Boys and male adults (including education ofﬁcials and village leaders) were unaware that girls perceived their ‘innocent teasing’ as sexual harassment and discrimination until the girls mapped the places where they felt unsafe. By examining and discussing the maps, males were able to recognise that these were the places where girls were regularly subject to such teasing. In addition, the girls have developed networks throughout the village and district, with links to girls’ groups in other villages, local police, teachers’ and women’s groups, and the district child welfare committee.199

IN KENYA – ‘BE A CHAMPION FOR CHILDREN’ CAMPAIGN 147 In the spring of 2006, a campaign to stop violence against children was launched in Kenya, with support from UNICEF. The campaign called upon families, schools, faith- based organisations, the private sector, the mass media and all other elements of Kenyan society to collaborate (with ﬁnancial and other support) in efforts to ensure that every home, school and community in the nation was committed to stopping violence against children. The campaign aims to rally everyone against violence and to empower them with information about what they can do to help create environments in which all Kenyan children can reach their potential. It has also raised funds to support: • A core package of child protection services for the most vulnerable communities. • Hotlines where both children and adult victims of violence can call for help. • Safe houses for those who need to escape violence in their homes. • Training for counsellors to help victims and also to help families and other perpetrators of violence break their patterns of violent behaviour. • Training for teachers, health workers and police in how to reduce violence and intervene when it occurs. • School-based programmes and youth programmes to reduce violence. • Publicity to raise awareness and mobilise ever greater commitment.200 VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE CONSTRUCTIVE CHILD DISCIPLINE BULLYING: PREVENTION AND INTERVENTION The rights-based, child-centred approach requires that there be codes of conduct accepted With its Olweus Bullying Prevention Pro- by all members of the school community, estab- gramme, Norway has been a pioneer in efforts lishing moral and social reference points and to stop bullying in schools. Monitoring of emphasising the values that underpin them, four cohorts of 600–700 elementary school including the values inherent in the CRC and students each found that, within two years, in other human rights conventions. Discipline the programme had reduced bullying by 50% should aim at positive reinforcement, construc- or more. It also had reduced rates of truancy, tive criticism, clear guidance and instruction. theft, vandalism and other antisocial behav- Except in extreme cases it should not promote iour, and the reductions were consistent across measures that may impede a child’s cognitive genders and grades.204 The Olweus approach and emotional development. has been tried and proven to work in several other countries, including Australia, Germany 148 Recent research on disciplinary regimes has and the USA.205 It has not been tried in non- made a distinction between what are termed industrialised countries, mainly because bully- pro-active and reactive regimes. Those that are ing has not risen to prominence as a matter of pro-active focus on prevention, and are gener- public concern in these countries. ally based on careful research into what works, and they establish a legal framework, clear poli- The Olweus approach has achieved a consider- cies, clear rules of conduct and mechanisms for able degree of success and a lso identiﬁed impor- enforcement. Those that are reactive are often tant issues requiring ongoing attention, such based on ill-informed ‘blanket statements’ or as, the need to build the commitment of stake- assertions, and call for ‘zero tolerance’ and holders, to sustain leadership over time, and harsh punishments. They often involve sus- to monitor and understand motivations and pending or expelling children, which only dis- interlinking causes of violence while address- places the problem to another school or to the ing all forms of violence at school. Introduc- wider community while doing little to help the ing a human rights framework into bullying child. Such measures contravene a child’s right prevention programmes can also meet these to education. Firm but fair discipline can cor- challenges.206 (see box). rect unacceptable behaviour without resorting to violence.201 The consensus among leading For children who are at high risk of bullying, educationalists is that reactive regimes are whether as victims or offenders, it may be desir- ineffective in the long term.202 In this context, able to provide intensive one-on-one strategies UNESCO has outlined basic principles which that involve home visits, counselling and skills VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE should govern school discipline of children development for both children and parents. which emphasise constructive criticism, clear guidance and instruction as well as the principles of the CRC.203 4

KEY ELEMENTS OF EFFECTIVE, RIGHTS-BASED AND CHILD-CENTRED ANTI-BULLYING PROGRAMMES

While anti-bullying programmes may vary widely in specific details, the most effective programmes are rights-based and child-centred. Common characteristics include: • They involve children at an early age, before their attitudes and behaviours become fixed in permanent patterns. • Schools involve all key stakeholders and focus on prevention of violence – heads, teachers, students, parents and the wider community – in development, implementation and monitoring. • There is a leadership group that sustains momentum and initiates adjustments in the light of changing circumstances. • There are educational components that increase the knowledge and improve the skills of all key stakeholders; and components are integrated into the 149 regular curriculum, so that children learn about human rights and develop the skills to communicate and resolve conflicts in a non-violent manner. • There is increased monitoring of student behaviour, with thoughtful attention paid to how students relate to each other, especially when there is evidence that bullying may be taking place. • There are mechanisms for reporting, intervention, recovery of victims and rehabilitation of offenders. • Interventions are consistent, so there can be no perception of negligence or unfairness.207,208

SEXUAL AND GENDER-BASED providing children with an understanding of VIOLENCE: PREVENTION the issues, attitudes, and a grasp of the skills to AND INTERVENTION avoid it or cope with violence when it occurs. The whole school climate should welcome girls The concern that sexual coercion and abuse put and all children who may be considered dif- girls and young women at extremely high risk ferent because of their known, suspected or of HIV infection has given rise to many differ- alleged sexuality. Schools should be safe and ent responses globally, especially in Southern comfortable places, and all children encour- Africa. Some of the initiatives by international aged to take full advantage of all opportuni- NGOs extend beyond schools. For example, SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE ties for cognitive and emotional development. ActionAid’s ‘Stepping Stones’ training pro- To do this, sexual and gender-based underpin- gramme aims to prevent HIV transmission nings of violence must be addressed directly, and, in doing so, addresses related sexual and “Curriculum is far more than what is taught.” Mary Joy Pigozzi, Director, Division for the Promotion of Quality Education, UNESCO XV

gender-based violence in hundreds of com- CURRICULUM: WHAT SHOULD munities in Africa, Asia, Latin America and BE TAUGHT AND HOW? the Caribbean.209 Parallel workshops are held for males and females in order to provide safe The curriculum, teaching methods and the and supportive environments in which both whole school climate should teach, illustrate can feel comfortable talking about sensitive and reinforce the principles of gender equality, human rights and non-violence and the skills issues, but participants from male and female to apply these principles in day-to-day life. workshops also come together periodically to They should also serve to increase children’s share concerns and insights. Themes include resilience, so they can cope with violence and “why do we behave as we do” and “how can recover when it occurs. we change.” Results have included safer sexual behaviour, reduced domestic violence, more Traditionally, school curriculum has been very sharing of household tasks by men, improved ‘content’ focussed (what), with less attention communications between couples and parents 150 paid to learning skills and processes (how), and children, especially about sensitive issues such as inquiry, problem-solving, and decision- that pertain to sexual health. making. There is increasing recognition that, in a rapidly changing world, it is necessary to In Ethiopia, communities have taken the ini- teach children the how of constructive human tiative in establishing Girls’ Education Advi- behaviour so that they can protect themselves sory Committees (GEACs) that address the from harm, and take action to avoid harm to whole problem of providing girls with access others. This kind of education is often called to education of a high standard. GEACs have ‘life skills-based education’. established Girls’ Clubs that serve as safe places for girls to talk, encourage them to report Life skills-based education should be part of a problems about harassment and abuse. Other package that includes education on the prin- GEAC initiatives include disciplinary com- ciples of gender equality, human rights and mittees to hold teachers accountable, ‘police’ non-violence and how and why these principles to protect girls on their way to and from have evolved and can be put into practice.211,212 school; constructing separate latrines for girls; This may involve dealing with highly personal insisting on female teachers in schools; train- and sensitive issues relating to the unique char- ing boys and girls on how to treat each other acteristics of each child, that child’s family respectfully; providing counselling for girls in background, religious and cultural traditions, safe places; and enlisting religious and clan and subjects that were once considered taboo in discussions involving children. Dealing with

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE leaders to stop abductions and child marriages. As a result, in one primary school the dropout such issues requires development not only of the rate for girls fell from 57% to 19%.210 curriculum but of appropriate teaching methods. This involves going beyond traditional rote learning to encouraging children to ask ques- 4

tions, including of their teachers, to relate their tary schools in Canada and the USA found own experiences, and to express their own feel- that it had decreased aggressive behaviour and ings and ideas as part of the learning process. For increased positive social behaviour in class- example, in South Africa, the Curriculum 2005 rooms, playgrounds and cafeterias.215 programme emphasises ﬂexible teaching methods that encourage and accommodate children’s Some sensitive issues might best be addressed active participation in learning experiences and in a wider context. When asked their opin- helps them develop critical thinking skills.213 ion about how best to address sexual abuse, for example, children in Canada, Columbia, From 1998 to 2004, the Special Rappor- Bangladesh, Brazil, Mozambique, Nepal, teur on the Right to Education collaborated Nicaragua, Romania, Rwanda, South Africa, with UNESCO to produce the Manual on Spain, Syria, and Uganda said that the subject Rights-based Education: Global Human Rights of sexual abuse should be raised in the con- Requirements Made Simple.214 It states that the text of learning about children’s rights and child has both a right to education and rights child protection, rather than singled out on 151 in education. This means that schools have to its own.216,217 A feature of effective life skills- protect the rights of their students, and also based education is that the teaching and learn- teach them how to respect the rights of others. ing methods are interactive and allow children The rights-based approach to education makes to share their ideas. Effective life skills educa- education the very foundation of the long- tion often involves children in addressing real term campaign against violence of all kinds, issues in their own schools and contributing to including violence against children. Children the development of policies and programmes. raised in schools free of violence and taught to respect the rights of everyone to live in vio- CREATING SAFE AND WELCOMING lence-free environments are the best hope for a PHYSICAL SPACES violence-free future. A number of studies have asked children to In the USA, for example, an NGO called The map danger or safety zones in their schools Committee for Children has developed three and school playgrounds and these have pin- sets of curricula – Second Step, Steps to Respect pointed areas where girls feel unsafe, such as and Talking about Touching – designed to give areas where boys congregate or where male children the knowledge and skills necessary teachers who sexually harass them have their to prevent bullying, sexual abuse and other classrooms.218,219,220 A study of a high school forms of violence. These sets aim to help chil- in Durban, South Africa, found that its spaces dren stand up for themselves, talk rather than were extremely gendered. There were many SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE ﬁght, and think about issues from others’ per- private spaces for boys, where they were left spectives. A 1997 assessment of the impacts alone and transgressions such as smoking were of Second Step in more than 10,000 elemen- tolerated, and for male teachers, who declared “When children grow up they keep what was done to them in mind and in the end they also do the same to those younger than them, especially at school. Some people become mentally disturbed.” Boy, 14, Eastern and Southern Africa, 2005 XVI

their spaces strictly off limits to female teach- local and district school authorities and some ers and girls. The only private spaces for girls national school authorities. Since such data are were the toilets, and their privacy was com- essential in order to evaluate interventions and promised by missing doors. Female teachers whether they are contributing to reductions in found it difficult to find spaces that were not violence, it is highly recommended that dis- policed, or intruded upon, by males.221 trict school authorities develop their capacity to collect, analyse and report data for monitor- Where a school is not welcoming or visually ing and evaluation purposes. appealing, it is more difficult to build staff morale and help children develop a positive Agreed standards, universally accepted defini- outlook towards learning. Improving schools tions and classifications of different forms of does not necessarily require significant expen- violence in schools are needed, but local issues diture of money, and can be done also as an should be integrated into these as well. There extra-curricular activity involving school staff, are models for such definitions and classifica- 152 students, parents and others in the community. tions, including the International Classification 223 In low-income areas of rural India, for exam- of External Causes of Injury. There are also ple, staff and students have worked together to Injury Surveillance Guidelines that would help redecorate classrooms and develop school gar- any education authority at national, district or dens using the simplest of materials at hand, at school level, to develop its own definitions though they have found that this works best and classifications and, also, simple forms when schools are secured and protected from and mechanisms for gathering, analysing and 224 vandalism.222 reporting data. The most widely applied instruments for gath- RESEARCH AND EVALUATION ering global and national data on violence in schools are the GSHS,225 covering an increas- All functioning education systems have mech- ing number of developing countries, and the anism that gather data, down to the individual HBSC study, covering mostly industrialised school level, and many have regular inspec- countries and some transitional countries.226 tions that provide additional opportunities for Other existing instruments are Demographic gathering data. The quantity and quality of and Health Surveys and similar surveys peri- this data vary widely, however, and rarely pro- odically undertaken by ministries of health vide sufficient basis for making even the most (and other sectors) in order to determine, for approximate estimates of the prevalence of example, the prevalence of HIV infection and different forms of violence in schools and how

VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE behaviour that may contribute to infection. the prevalence may be increasing or decreasing over time. One reason for this is that most Monitoring and evaluation will help to iden- schools have no staff trained in data collec- tify which interventions work best and how tion and analysis, and the same is true of most interventions might be improved. Also needed 4

RECOMMENDATIONS

Education is a key agent of change capable of breaking the cycle of violence, not just against children but among adults, too. It can encourage children to learn self-respect, respect for others and how to express their feelings and negotiate for what they want without resort to physical or psychological violence. The following recommendations are intended to support Governments, education authorities, school heads, teachers, students, parents and communities as they seek to create non- violent schools. The recommendations are 153 guided by the UN Convention on the Rights of the Child, and informed by Regional Con- sultations for the Study, expert inputs, public submissions, and an evidence-based understanding of the causes of violence and its prevention, including its virtually universal UNICEF Dan Bhayi 101-0155. link with gender. The recommendations are IRAQ,2003, Children at Youth House in the Adhamiya designed to ensure that education methods, neighborhood, Baghdad. curricula, programmes and services uphold the norms established by the CRC, and that are more in-depth studies into particular their design and implementation are consis- forms of violence and the links between differ- tent with social and cultural diversity, as well ent forms of violence, their risk and protective as economic and practical realities. factors, and the effectiveness of intervention Prioritise prevention programmes. 1. Ensure universal access to violence- free learning environments, where the rights of all children are respected and promoted. Consistent with the global call for ‘Education for All’ (i.e. EFA), Govern- SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE ments must ensure that primary and secondary schools are rights-based, and offer safe and healthy, gender-sensitive, inclusive, and effective learning environments 5. Give special attention to vulnerable for girls and boys. Promoting non-violence groups. Governments must implement in and beyond the school should be a clear specific strategies to ensure that the special goal with policies and well-publicised pro- needs of vulnerable children are addressed, cedures for enforcement. and that discrimination in particular is stopped. Staff must understand and be able 2. Prohibit violence in schools. Govern- to systematically respond to the situation ments have the obligation to explicitly pro- and particular risks experienced by minor- hibit violence against children by law, and ity groups, children with disabilities, chil- to ensure the implementation of related dren without parental care or affected by policies and procedures at the school level HIV, or children reintegrating into school – specifically putting a stop to corpo- communities such as refugee and displaced ral punishment and other humiliating or children, or former child soldiers. degrading treatment, bullying and other 154 sexual and gender-based violence. 6. Provide safe physical spaces. Govern- ments should ensure that safe physical 3. Prevent violence in schools with spe- spaces are provided to ensure that both girls cific programmes which address the and boys have equal access to facilities and whole school environment. Governments can participate fully in school life. Schools should implement violence prevention pro- must have adequate toilet facilities for girls grammes comprehensively across the edu- and boys. All facilities must be clean and cation setting for all staff and students, safe, accessible by girls and boys, and free of while being sensitive to the special needs of negative interference from the community. vulnerable children. Build capacity 4. Prioritise attention to gender issues and 7. Establish and implement codes of con- their links with violence. Governments duct reflecting child rights principles. must acknowledge the pervasive impact Clear codes of conduct reflecting child of entrenched gender stereotypes on the rights principles, which are harmonised nature of violence in and around schools. with the law, should be established and pro- Male students, staff and community mem- moted widely for all staff, students and their bers, must be actively encouraged as stra- families and communities. It is the Govern- tegic partners and allies; and along with ment’s responsibility to put in place mecha- female students, staff and community nisms and protocols to ensure that schools VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE members, must be provided with oppor- have trained and trusted adults, within or tunities to increase their understanding of independent of the school, to whom stu- how to stop gender discrimination and its dents can safely and confidentially report violent manifestations. incidents of violence and receive advice. “There is new awareness about the prevalence of violence against children in Africa, and its effects, both on those who experience it, and on the society at large. We need to translate this awaremess into prevention, based on successful strategies from this and other regions. To delay this response is to betray the trust invested in us to protect the vulnerable.” Dr Luis G. Sambo, Regional Director for Africa, WHO 4

8. Ensure that school heads and teachers respect, equity, non-discrimination, and use non-violent teaching and learning non-violent conflict resolution. strategies and disciplinary measures. Governments should ensure that teaching 11. Implement life skills education to enable and learning strategies and disciplinary students to build personal skills. Govern- measures are used that are not based on ments should ensure that rights-based life fear, threat, humiliation or physical force. skills programmes for non-violence should All school staff should be trained and be promoted in the curriculum through supported in the use of non-violent and subjects such as peace education, citizen- respectful classroom management strate- ship education, anti-bullying, human gies, as well as specific skills to prevent pat- rights education, and conflict resolution terns of bullying and other gender-based and mediation; with emphasis placed on violence and to respond to it effectively. child rights and positive values such as diversity and tolerance, and on skills such 9. Listen to students and encourage paras problem-solving, social and effective 155 ticipation. Governments and their part- communication, in order to enable girls ners should actively promote and sup- and boys to overcome entrenched gender port the involvement of students in the biases and to prevent and deal with vio- design, development, implementation, and lence and harassment, including sexual monitoring of policies and programmes, harassment. including through access to confidential complaints or reporting mechanisms. Par- 12. Promote school–community partner- ticipatory, gender-sensitive, and inclusive ships, and present schools as a resource school management structures should be to the community. Governments should promoted and students should be equipped acknowledge the school as a community with the necessary skills and given oppor- resource and facilitate closer school–com- tunities to be involved, with special atten- munity linkages to address violence in and tion given to the participation of vulner- around schools, involving students, staff, able children. parents and other partners such as police, health services, social services, faith-based Strengthen knowledge and skills for non- groups, community recreation groups, and violence cultural groups. 10. Revise the curriculum to model non- Build information systems violence and gender equity. Govern-

ments should ensure that the curriculum, 13. Strengthen data collection systems on SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE textbooks and teaching methods promote all forms of violence against girls and child rights, support diversity and indige- boys. Data collected should ensure that nous knowledge, and emphasise tolerance, the views of students and potential students are considered along with those of teachers, parents, and the wider community, with a special focus on the experiences of vulnerable children. Governments should ensure that the information yielded should be disaggregated by age and sex at a minimum, and should be incorporated into existing education management information systems established at local, district and national levels. 14. Develop a national research agenda on violence in and around schools. Govern- ments should put in place a set of national 156 priorities for research that can supplement data collection systems (described above) with in-depth qualitative and quantitative research that is ethical and child-centred. Data must be disaggregated to make visible the scale and scope of the experiences of girls and boys of different ages related to violence and overcoming it, their situations, and to make their risk and protective factors more evident. VIOLENCE AGAINST CHILDREN IN SCHOOLS AND EDUCATIONAL SETTINGS EDUCATIONAL AND SCHOOLS IN CHILDREN AGAINST VIOLENCE 4

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IRAQ, 1999, Mahmoud sits in the dormitory of Al-Rahma Rehabilitation Centre for street children in the Rashad section of Baghdad. itrclcnet192 193 191 law the with conflict in Children Historical context problem of extent the and Nature Children in custody and detention and custody in Children Children in institutional care institutions in violence to contributing Factors context and Background Human rights instruments Introduction n eeomn 189 development and on children’s of Impact institutionalisation health h ieo h nttto 178 of institution the rise The aueadetn ftepolm183 problem of extent the and Nature h hlrnaepae nrsdnilcr 185 care residential in placed are children Why eodtogt bu ntttoa ae180 care about institutional thoughts Second ore fvoec ihncr ntttos187 institutions care of violence within Sources IN CARE ANDJUSTICE INSTITUTIONS eeto sasbttt o ae195 193 for asubstitute Detention care as law the with come into conflict children Why tncmnrte agtd184 184 targeted minorities Ethnic countries former Soviet and Europe Eastern in Institutionalisation o roiy181 181 182 of Monitoring Oversight and Lack Inadequate staffing Low priority atrso ntttoaiain186 institutionalisation of Patterns iigdfeetlvl fvleaiiy182 of vulnerability levels different Mixing ilneb tf 187 189 188 188 children other by Violence aform of violence as of care Lack of treatment guise the Violence in Violence by staff VIOLENCE AGAINST CHILDREN 5 180 190 177 183 178 175

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 171 Sources of violence in detention and police custody 196 Violence by staff in detention institutions 196 Violence while in custody of police and security forces 197 Violence as a sentence 198 Violence by adult detainees 199 Violence by other children 199 Self-harm 200 172 Other children in State custody 201 Refugees, asylum seekers and migrants 201 Unaccompanied children 201 Jail-like facilities 201 Detention of migrant children 202 Children in peacetime armies 203 Responses to violence against children in care and justice institutions 203 Legislative action 204 Policies to prevent institutionalisation 205 The principle of ‘last resort’ 205 Prioritise alternatives 206 Alternatives to institutional care 207 Support for disadvantaged and at-risk families 207 Support for families of children with disabilities 208 Direct support for orphans and vulnerable children 209 Accommodating different needs and preferences 209 VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE hr eore r cre215 scarce are resources Where ers n epnemcaim 213 215 213 out message the getting Public education: De-institutionalising children already in care Redress and response mechanisms References Recommendations 211 209 institutions within violence from Protection detention toinstitutional Alternatives opansmcaim 212 Complaints mechanisms omnt-ae ieso rgams210 diversion programmes Community-based o utc ytm 218 216 218 For systems justice systems welfare social and For care settings justice and care For all oioigadivsiain212 211 Monitoring and investigation selection,Staff and training remuneration ofrigt nentoa tnad 212 Conforming to international standards 5 220 216

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 173 174 VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE petrators of it.petrators per- becoming some in cases and violence ther at much to riskof greater fur- exposed being girls boys place and responses institutionalised from these results that de-socialisation often isolation and addition,In stigmatisation, the restraints, rape, harassment, and humiliation. isolation, beatings, include torture, can This responsible well-being. for their ofﬁcials and staff toviolence from subjected often are dren chil- institutionalised show regions that all in countries from many atschool. Reports and athome teachers, governedis and by parents protection and whose care to children pared may be at who them in live girls boys and the to children, heightened protection support and guidance, provide care, riskAlthough these institutions are established to of violence number of children. large a very com- of chances life development future personal and these institutions govern the day-to-day lives, name, their Whatever inside. lives of their ods prolonged live who enterdren peri- can them chil- and large-scale, are Many organisations. faith-based or non-governmental by or viduals, or by indi- Governments, private companies run facilities, closed or be may and in), locked are open (i.e. where children be may detention They etc. juvenile schools, reform prisons, homes, care many have in live names, they including orphanages, children’s homes, institutions The systems. or authorities justice of care supervision and trol con- but the under families, orown alternative not their periods in grow up for substantial boys and world, of the girls Around millions INTRODUCTION But after ten days you get used to it and you don’t cry as much.” as don’t cry you and it to used get you days ten after But Boy in juvenile detention, Middle East, 2003 “Sometimes one day in prison felt like a year. ayear. like felt prison in day one “Sometimes offences. violent Very havecommitted offenders. few ﬁrst-time are and crimes, minor orwith petty charged detention are in of children majority vast The poverty. and homelessness than more for nothing have criminalised thereby been facilities under charges such as vagrancy, and tion but who have been placed in correctional children includes typically group this countries, many simply In there. be not should offences perceived in need of or orpolice, detention in of actual because care and of custody the in majority ofThe children protec- abusive homes. removed violent from authorities, by the and been away, have or run have Some hospitals. in children with disabilities are institutionalised many result, a As alternative. no have they feel services to cope with their child’s disabilities, money or support who,up by parents lacking have Many other severe been given illness. or psychiatric disability, mental or physical of because there are Others Africa. Saharan sub- in especially due to AIDS, expanding is togo–aproblem that family or surrogate have no extended and parents have lost their as foster care or kinship care), because they well as in more home-likereasons. arrangements of for avariety institutionalised are Children such Some are placed in orphanages (as also included.also are armies members of peacetime as State the of custody the in Children decided. being are cases their while detention in centres placed who and are asylum seeking those including children, refugee and migrant includes also 1 The ‘institutionalised’ umbrella I 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 175 Ill-treatment – and outright negligence – stems Institutions housing children are often closed not only from the typical overcrowding, squalid to public scrutiny. They lack a basic legal conditions and lack of resources invested in the framework prohibiting all violence, and also care of these girls and boys. As importantly, lack adequate Government regulation and there is often a profound degree of discrimi- oversight, effective complaints mechanisms, nation against children who end up in institu- and inspection systems. Perpetrators are rarely tions. The lack of public concern about brutal- held accountable, allowing high rates of vio- ity towards children in correctional institutions lence to continue unchecked, thereby perpetu- may reflect societies’ rejection of children who ating tolerance of violence against children. do not conform to conventional social behaviour. Such stigmatisation may also be expressed TYPES OF CARE INSTITUTIONS in the abusive attitudes and behaviour of poorly While there is no universally accepted defini- trained staff. tion of a children’s care institution, the features 176 Stigma also contributes to violence against chil- most have in common are round-the-clock care dren with disabilities. Research has shown that of children who live apart from their families, they are frequently at higher risk of staff vio- and supervision by remunerated staff. The lence in institutions than other boys and girls.2 size, organisation and activities carried out within these institutions can vary widely. In The violence suffered by children in institu- the most closed and isolated institutions, the tions can be exacerbated when they are housed child’s entire life – education, health services with adults or older children; this may lead and work, leisure and sleep – takes place there, to physical and sexual victimisation by other and the institution is very much cut off from older children and adult inmates. The impact the rest of the community.4 of institutionalisation goes beyond the immediate exposure of children to violence: long- Some broad categories of institutional care term effects can include severe developmental include: delays, disability, irreversible psychological Long-term residential or institutional care: damage, and increased rates of suicide and The number of children living in individual criminal activity. A study from the USA found institutions may range from a few dozen to that children who had been in detention in several hundred. Some residential institutions the juvenile justice system were at great risk of are specifically for children with disabilities. early violent death. The main cause of death The terms ‘residential care’ and ‘institutional VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE for young people who had been detained as care’ are used interchangeably in this chapter. children was homicide (90.1%). Being male, a member of a racial or ethnic minority, and Emergency shelter care: Facilities that pro- from an urban area were the salient risk factors vide services to meet children’s basic needs for for violent death, as well as for being caught up safety, food, shelter and education on a short- in the juvenile justice system.3 term basis. far preferablefar to judicial procedures and institutionalisation athome children’s atschoolsupport are the and to remain them development allow and which care toinstitutional alternatives that clear make provisions reintegration.” These of promoting child’s the desirability the and age child’s into the account takes which and worth… and of sense dignity child’s the consistent with amanner “in be treated should children that asserts law the with conflict in children concerning 40 Article appropriate for shortest the and periodof resort, time.” of last ameasure as only used be detention imprisonment shall and “the of achild arrest, that asserts 37(b) article families; from their separated are where children cases in contact family 9 concerns Article bemade. arrangements alternative that dictate interests best child’s when the except child, of the upbringing the in family of the centrality reiterate the articles Other environ- family a in up grow should atmosphere love ofment, understanding.” happiness, an and in personality, her or his of development harmonious environment: the Convention’s Preamble afamily should up grow in states children that CRC that The recognises “… detained. and alised the child, for the full and institution- who are number of the children significantly reduce violence,from and or detention care in toprotect children measures other and legislative effective to take increased risk of violence against children in institutions adds to the State obligations 19, environment The (articles deprived 20). of who afamily are protection to children to provide States special requires (CRC) of Child Convention the The on Rights the HUMAN RIGHTS INSTRUMENTS who have been placed in care to have a periodic review of all aspects of their placement. of their aspects of all to have review aperiodic care in who have placed been children 25 notdoes all or isolation entitles involve exclusion. addition, In article social which care child CRC the requires thus known, well are of placements such dangers and never be justified by disability. Children with disabilities are frequently can institutionalisation institutionalised and Segregation 23). (article community” the in participation dignity, child’s promote active conditions the ensure which facilitate and self-reliance in life, decent and should enjoy child afull disabled or physically “that amentally ing recognis- disabilities, with of girls boys and rights the addresses CRCThe specifically 5 . 5 >>>

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 177 HUMAN RIGHTS INSTRUMENTS

The International Covenant on Civil and Political Rights (ICCPR) states that the sentence of death shall not be imposed for crimes committed by persons below 18 years of age (article 6). The Covenant also contains provisions which stipulate that juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status (article 10). Article 14 of the Covenant states that procedures against juvenile persons should take account of the age and the desirability of promoting rehabilitation. In addition, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment states that States should take effective legislative, administrative, judicial or other measures to prevent acts of torture (article 2).

178 Psychiatric facilities: Residential care, staffed the chapter on violence against children in the by personnel including medical professionals, home and family.) for children with psycho-social disabilities. BACKGROUND AND Group homes or home shelter: Personalised residential care, provided by one or more staff CONTEXT in a house that is not their own, looking after a group of children (typically 10–15) in a less THERISEOFTHEINSTITUTION formal, more home-like environment. From their earliest inception, institutions cre- Two other categories of care which aim to pro- ated to take in children were essentially set up vide a non-institutional environment for chil- as repositories for the unwanted. Historians dren living apart from their families are: suggest that the earliest institution specifically for the care of neglected children was created Foster care: The placement of a child with in Constantinople in the 3rd century AD as another family for a variable period of time. a means of reducing infanticide. Later on, in The foster child is accepted into the home of the Middle Ages, foundling homes for aban- the foster family, which often includes the par- doned children were set up by the Church in VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE ents’ biological children. Italy, and the practice spread across Europe.9 As well as being a charitable work, the found- Informal foster care/kinship care: Placement ling home was a means of removing neglected of a child with another family, which may have and abandoned children from the streets kinship ties to the child, usually without the and making the problem invisible to society involvement of Government authorities. (See – an increasingly important task as the rate of high. children in such institutions invariably was among rate century, mortality the 20th the some European cities one in in four reached in abandonment of infants later centuries. Until the perpetrators responsible. to violence hold and when to it address occurs mechanisms tion, accountability and monitoring, investiga- effective Governments must and ensure treated, are way they Children should mustchildren beprovided, services. and programmes adequate staff, with trained have clear, environment for asafe or detention absolutely is necessary, accessible institutionalisation When and safe opportunities of rehabilitation. means but environment much for more children, a safer effective to complain to detention provide non-violent. and not alternatives only petty Community-based are about thecome into conflict with the law. The vast majority who number of the children reduce could of offences support for families, including systems, committed by children care than large-scale institutions beneficial more and (article safer 20). provide to Similarly, place in put be should stronger alternatives care and protectionfamily-based of arange interests, best not child’s is the in family biological the with living When 18.2). (article resources of extent their maximum support to the such to providing themselves have committed CRC, States the support. By ratifying or medical financial dren with disabilities, could live with their families if provided with adequate social, chil- including care, residential in or placed abandoned who been have children Many needs. developmental for their protection ofthe respect children’s and rights to provide away as such in for of justice on administration the guidance offer which ‘the of as Beijing Juvenile known Rules’, Justice, Administration adoptedthe 1985, in for Rules Minimum law. the Standard include the with These conflict in of children cases have adopted been for handling standards UN additionIn CRC, to specific the UN STANDARDS ON JUVENILE JUSTICE before advent the but of public systems, health setting crowded any residential in of infection case management, and social rehabilitation of rehabilitation children. social and management, case of prevention, –complete framework the JDL (the Rules) Liberty Deprived of their for Protection the of Juveniles Rules UN the and Guidelines) Riyadh (the Delinquency adopted for Prevention 1990 the in Guidelines of Juvenile UN –the other standards 10 This reflected not only the swift spread swift not the only reflected This trialised world, idea developed the oftrialised ‘rescuing’ indus- early the in proliferated ment crime and unemploy- slums, As colonialism. sation and Institutions for children grew with industriali- children. togiven the care individual and of effective lack the also 7,8 6 Two Two 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 179 “There were teachers [at the ‘orphanage’] who exceeded their authority and could beat us for no reason. They know that children have nowhere to turn. And they could do anything they wanted.” Child, Europe and Central Asia, 2003 II

poor children from their families – often judged Today, social policy ‘best practice,’ reflecting to be delinquent or depraved – and protecting the CRC and other human rights obligations, them in residential institutions. Meanwhile, in aims to provide as many children as possible colonial and post-colonial settings, indigenous with an upbringing in a family, and access to a or aboriginal children were also seen as need- mainstream school and community life. How- ing to be ‘saved’ from what were judged to be ever, the process of de-institutionalisation, and ‘inferior’ cultures. In Australia and Canada, recognition of the damaging effects of institu- for example, entire generations of such chil- tionalisation on children, is at different stages dren were removed from their families, placed around the world. In countries where institu- in residential schools, and denied their own tionalisation of children was never taken up on culture, clothing and language.11 Systems of any major scale, the care institutions that did develop have mostly been small and run by pri- ‘juvenile justice’ in Europe and the Americas vate or religious institutions. began to introduce residential detention institutions that were separate from adult prisons 180 In some countries the level of youth crime has in the late 19th and early 20th century. become a high-profile political concern, and there has also been some regression towards In some places, the development of large-scale institutional detention, even when actual child institutions for children came later, either to offender rates have fallen. In many countries, deal with profound social distress after such children in conflict with the law have typically events as the two World Wars; or as part of an been detained within the same institutions as ideological commitment to ‘socialised’ child those for adult offenders, and few countries care. This was the pattern in many commu- have invested in real alternatives to detention. nist countries, notably those in the post-1945 USSR sphere of influence. Unfortunately, the numbers of children who lose the protection of their families and SECOND THOUGHTS ABOUT require alternative forms of care are growing INSTITUTIONAL CARE for a variety of reasons. These include the changing social patterns accompanying rapid As understanding about child development urbanisation, natural disasters, armed conflict, grew, some countries began to cut back on widespread population displacement, and the the use of residential care institutions, and HIV/AIDS pandemic. to consider options other than detention for

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE children in conflict with the law. Beginning in FACTORS CONTRIBUTING TO the second half of the 20th century, it became VIOLENCE IN INSTITUTIONS recognised that large, closed institutions could not support physical, social, emotional and Violence against children in care and justice cognitive development in any way comparable systems is legitimised by long-held attitudes to that in a family setting.12 and behaviours, and failures in both law and ple, a 2005 report indicated that not one that of the ple, indicated report a2005 for exam- Azerbaijan, In professionals. qualified Low levels of result funding in a lack of properly care. nutrition, health hygiene and meagre) with inadequate (sometimes life-threateningly poor, frequently are detention centres nile juve- and care residential in conditions that This lack occurs. abuse or rampant failure system care of priorityof policy attention only in focus become the outsidetection family the when policy some notorious pro- and care needing children too often, Far terms means law. the with conflict in or disabilities, abandoned, with living those who –those have society in beenorphaned, accorded to the most children disadvantaged of low the level of importance because mainly with their human rights obligations. This is ing as many have abouternments set children de-institutionalis- as Few Gov- institutions. in place slow to take possible been reform has juvenile standards, justice in keepingthe evolution of children’s rights, including and practice care child in Despite changes Low priority prevails. still situation this or commission, by omission regions, all In frequent violence. to and regime to abrutal were exposed dren chil- institutionalised meant that effectively This children. controlcipline of and unruly endorsed for dis- the universally almost was policy, punishmentpreferred social corporal groups a was and marginal in disadvantaged establishment of care institutions for children its implementation. when the time Atthe tified need for need expertise. such tified despite iden- the on psychologist staff, a child had institutions care 69country’s residential health problems. health mental severe for with adolescents available are In Northern for Ireland, only example, 15 beds addition be no specialised facilities for children. and sexual abuse in such instances is rife. is instances such in abuse sexual and Physical askeleton only shift. with night locked, or pad- unattended are wards entire overnight for and long periods, unattended left often are member. Under conditions,children staff such for each one children hundred as high beas may ratios in institutions for children with disabilities staffing documented been that it has countries problem.serious anumber For of in example, a is turnover, under-staffing and rapidand staff poorly in employees motivated result frequently status pay and Low institutions. lence within widely recognised as a key factor are poorly and remunerated staff Unqualified linked to vio- Inadequate staffing children, including sexual abuse and exploi- and abuse sexual including children, Individuals with histories of violence against the children. out bequickat to lash can staff trained equately institutions for children with disabilities, inad- of violence. In about issues or information rights, any special in training child development or receive institutions care in staff few Relatively sive responses toconfrontation. sive responses children and in patterns of physical and impul-results in increasingly negative attitudes towards ‘burnout’ Staff lacking. is when supervision larly violent measures to maintain discipline, particu- 16 Overwhelmed staff may resort to may resort staff Overwhelmed 14 13 17 There may in in may There 5 15

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 181 tation, may seek out jobs that allow them Mixing different levels easy access to children. Rigorous background of vulnerability checks on personnel are still rare, allowing an employee who has been dismissed from one Many facilities fail to segregate vulnerable institution to be hired by another and to con- children from dangerous peers. Children who tinue a pattern of abuse.18 are vulnerable to violence because of age, size, sex or other characteristics are often housed Failure to supervise staff properly is also a seri- together with older children with a history of ous problem. A study of abuse in residential care violent behaviour.23 For example, in former in the UK identified ineffective management Serbia and Montenegro, NGOs report that and minimal contact by managers with staff as children under the age of seven may be placed significant features common to abuse cases.19,20 in the same institution as child offenders over the age of 14.24 In Jamaica, where children in Lack of Monitoring and Oversight need of care and protection are often housed 182 Residential care and detention facilities are with children charged with offences, a 2003 often unregulated and closed to outside scru- Government investigation found that ‘bullies’ tiny, especially those run by private agencies, or gangs of older children sexually preyed upon 25 faith-based organisations, and NGOs, or that more vulnerable children. In many countries, are situated in isolated areas. In such circum- children in detention are held with adult offend- stances, violence may continue for years until ers, greatly increasing their risk of violence. a n extreme incident bring s it to lig ht. Moreover, individuals responsible for violence against children in care and justice systems are rarely held accountable for their actions. If cases are reported, they often are only investigated superficially and prosecutions are extremely rare. Those in a position to take action may be complicit in the abuse, reluctant to discipline or prosecute a colleague, or fearful of negative publicity or loss of financial support. They may respond by blocking access to the institutions; punishing or threatening to dismiss workers

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE if they speak out. The failure to hold perpe-

trators accountable only ensures that violence Pirozzi Giacomo UNICEF/HQ98-0891. continues. Perpetrators go on to abuse other RWANDA, 1998, Rose, 4, helps set tables for lunch at children, and their violent acts create a cli- the Gitarama Orphanage, where she and her sister have lived mate where violence against children becomes since losing their parents in the 1994 genocide. ‘acceptable’ and commonplace.21,22 by one researcher to haveof children in institutional increased care was estimated by 3% in 1989ple, between proportion the 2002, and institutionalisation increasing. are For exam- world, for of some and rates groups of children, Yet of the care. some in parts residential scale the existence of high rates of violence in large- and institutionalisation of impact negative the established consistently have studies Numerous NATURE AND EXTENT care. world the institutional around in live girls and boys eight million By as many some as accounts, CARE CHILDREN ININSTITUTIONAL based care. based experience sexual abuse children than in family- to more likely times four almost are group care violence than higher times six is institutions residential in foster care, and that children in violence occurred regularly. such that indicated 28% toviolence; subjected children’s homes reported that they had been in over of 63% children found that study 2002 and mainly older children in the institution. the in older children mainly and staff of members included the Abusers relations. sexual have to obliged were children when cases of were aware children of institutionalised the athird More than practice. apunitive as ing half of the jobs. Almost humiliating childrensubmission to various and isolation, physical surveyed meals, of suppression confirmed beatings, included abuse physical that found beat-children in residential institutions in Romania OF THE PROBLEM 26 Some studies have found that violence in in violence that found have studies Some 27 In Kazakhstan, for example, a for example, Kazakhstan, In “Some of us are abused at home. We move into the child welfare system that is meant meant is that system welfare child the into We move home. at abused are us of “Some to protect us. The system abuses us. We try to make a complaint and nothing is done. done. is nothing and acomplaint make to We try us. abuses system The us. protect to We harbor all this anger and lash out at our peers, family, friends, social workers, workers, social friends, family, peers, our at out lash and anger this all We harbor foster parents, group home staff, teachers etc., and the cycle continues. continues. cycle the and etc., teachers staff, home group parents, foster 28 A survey of 3,164 Asurvey 29 Young person, North America, 2004 America, North person, Young tions actually increased.) declined, the proportion of children in institu- region the in of population children total the declined period, duringthat however, because total number of children population. (The numbers due to afalling declined had actual in the institutional though even Union, Soviet care former the and Europe Eastern and Central placed in foster care or group homes. fostercare in placed in recent significantly out-of-home increased has care years, theand Canada, where the number of children majority in of children are in England, years 20 last the over significantly dropped has number of children living in children’s homes care of For the example, without families. for children kind this from away moved deliberately tutional care was previously approved have insti- large-scale which in countries Some dential care in 1999–2000. in care dential resi- in 25,300 children estimated werean there in 1999–2000 in Lebanon, while in Morocco, care residential werein over children 25,000 East, Middle the In other regions. found in be also can institutionalisation of rates High monitored. rarely are and functions defined have ill- of directors boards and table sources, private from chari- are work. Funds peutic case no thera- virtually is there and staff, overworked and non-specialist by asmall, run buildings, dormitories hospital-like large in live in still post-War the in institutions established children in These era. remain children 30,000 Japan, In form among industrialised countries, however. not is uni- of de-institutionalisation pattern The certain countries still report significant num- significant report still countries certain Somewhere this to needs Somewhere stop.” 31 Italy and Spain. and Italy 30 35 III In Latin America, 32 In the USA 5 33 34

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 183 bers of children in care institutions, the high- 1970s, large numbers of institutions opened est being Colombia (24,300), Brazil (24,000), throughout the region. Following the collapse Bolivia (15,600), and Chile (11,600) according of communist Governments, lack of alterna- to figures published in 2004.36 tive support systems for families meant that the widespread use of institutions continued. In Africa, the extended family has normally In 2002, an estimated 1,120,800 children absorbed orphaned children and other victims were in public care in 27 of the CEE, CIS and of family casualty, and rates of institutionalisa- Baltic States, 54% of whom – around 605,000 tion have traditionally been low. In many Afri- – were in residential facilities.42 can countries, the only orphanages that existed until recently were set up by missionaries Many of these facilities are for children with before independence. However, today in many disabilities. In 2002, an estimated 317,000 African countries private orphanages are now children with disabilities in the region lived mushrooming, as faith-based organisations, in residential institutions.43 In some countries, 184 NGOs and private donors seek to respond to children labelled as ‘disabled’ make up the the growing numbers of children orphaned majority of those in residential care. In Uzbeki- by HIV/AIDS and armed conflict.37 Evidence stan, for example, children with disabilities in from Liberia,38 Uganda,39 and Zimbabwe40 all care number almost 20,000, compared to only points to an increased use of institutional care 4,300 without disabilities.44 in recent years. Children’s rights advocates Ethnic minorities targeted point out that the majority of children entering these institutions often have at least one living Historically, children from racial and ethnic parent or contactable relative. They argue minorities tend to be over-represented in care that these new institutions simply draw chil- (for example in Australia, Brazil, and Canada, dren out of communities, and represent funds as mentioned above), and in many cases this which could have been better used to provide trend persists. In Romania, for example, the improved support services at local level. Insti- Roma people account for less than 10% of the tutional care is also expensive, costing between country’s population, yet as many as 40% of six and 100 times more than community-based institutionalised children are Roma. This pat- foster care, the policy response preferred both tern is repeated in several other countries of 41 by Governments and aid donors. Eastern Europe, including Bulgaria, the Czech Institutionalisation in Eastern Europe Republic and Hungary. In Central and East- VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE and former Soviet countries ern Europe and ex-USSR countries generally, prejudice against ethnic minorities is reported Institutions for children are more prevalent in to have led staff in residential institutions to Central and Eastern Europe (CEE) and in the discourage contact between parents and their Commonwealth of Independent States (CIS) institutionalised children, and reduced foster than any other region. During the 1960s and care and adoptive placements.45,46 IN RESIDENTIAL CARE loss of parental care. of parental loss for the cause aleading also is America Latin violence. Domestic violence in sexual and cal physi- psychological, and neglect, including up in care because of violence in theirViolence family, within families: athome. than off bebetter he or she believing will care, in child may choose to their place they facilities, tial residen- nutrition in adequate and care health children receive can better access to education, that believe and provide children, for their to unable feel parents When care. residential decision of many parentsPoverty: to place children in also separate children from their parents. may incarceration accidents,and Illness, dren. chil- for their tocare unable leavemay parents pandemic HIV/AIDS of the effects or the flict con- armed disasters, some natural countries, poverty. economicand conditions, including In poor and social support of systems, lack social family disintegration, violence in the home, dren are placed in care because of disability, parent is between 2% and 5%, and 2% between is parent no living who have institutions residential in living children of proportion the example, for CIS, the and CEE the In have no parents. they because care residential in placed are children few relatively today times, earlier to contrast In PLACED ARE CHILDREN WHY Brazil it is about 5%. cal or psychological violence, including sexual sexual violence, including or psychological cal Venezuelain of physi- prior had experiences Villages their in of 73% children found that This is a significant factor in the 50 49 SOS Children’s Villages Most commonly, chil- commonly, Most Many children end 47,48 while in while sively for children with disabilities. or physical disabilities live in homes exclu- run example, 65% of children with developmental for Jamaica, In other children. than rates higher children are institutionalised at significantly these parents, to provided support of lack the tisation of children with disabilities as well as Disability: and caregivers. parents by their abuse of substance because lies removed are fami- from children many Also, dren in need of care. In Russia, for example, Russia, In need of in care. dren able response numbers to large the of chil- of care institutions and orphanages as a suit- to propose establishment the organisations some incline humanitarian naturally disease other or pandemic, HIV/AIDS the scale, sive on amas- disasters natural conflicts, Armed HIV/AIDS: including catastrophes Family therefore adding to the children’s disability. development, delay can education and health stimulation or the lack of access to high-quality in these countries. of institutionalisation overuse to the leading In problems also are some model of disability medical cases, the on the exclusive focus an and over-diagnosis lack of capacity. Misdiagnosis, ofto care-giving alack children with disabilities in institutions was due their placed why families reason overriding the found that on Session Children Special UN for 2002 the by CEE/CIS the prepared reports sexual violence within the biological family. children in Lithuania, had suffered physical or 55% and of Belarus, in 75% of children tia, children in SOS Children’s Villages in Croa- of 88% found that organisation violence. The Because of the widespread stigma- of widespread the Because 5 52 Country 53 51

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 185 babies born with HIV who have been aban- and services that would support community doned are placed in special orphanages just for integration.57 HIV – positive children, or isolated indefinitely Patterns of institutionalisation in hospital wards, where they are deprived of any opportunities for social, physical and There is great variation in patterns of institu- 54 mental development. In some conflict-torn tionalisation between countries, even within countries where a high proportion of children regions. A recent study carried out in Euro- have lost one or both parents, levels of institu- pean countries found significant differences in tionalisation may be unusually high. In Soma- the reasons why children under the age of three lia, for example, although it is contrary to are being taken into care. In Western European Islamic standards and traditional norms, use countries (Belgium, France, Norway, Por- of children’s homes or orphanages is strongly tugal, Sweden and the UK), which provided advocated by parents and carers, especially in information on reasons for placing children urban areas. Children’s homes, all of which 186 under three in residential care institutions, the subsist on external, mostly charitable support, main reasons were abuse and neglect within provide children with food, shelter and educa- the family (69%), social reasons such as par- tion, which are often not available elsewhere. ents in prison (23%), abandonment (4%), and Among the approximately 8,000 Somali chil- disability (4%). dren resident in children’s homes, a high proportion of them have relatives.55 There were no orphans (defined in this context as children with no living parents) living Lack of alternatives: In many environments, in institutions in these countries. In contrast, alternatives to institutionalisation, including a little over one in 20 of the institutionalised support for vulnerable families and family- children in central and south-eastern Europe based care, have not been developed. This (Croatia, Czech Republic, Estonia, Hungary, can lead to unnecessary overuse of residential Latvia, Romania and Slovakia), Cyprus and placements. For example, the director of a psy- Malta were orphans. The main reasons for chiatric hospital in Turkey estimated that of the children being placed in residential care 500 patients (including adults and children) in these countries were abandonment (32%), at his facility, only 10% would need to be social reasons such as family ill-health and confined as in-patients if community-based incapacity (25%), disability (23%), abuse or 56 services were available. In Romania, the neglect (14%), and orphaned (6%).58 VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE population of children in orphanages has been reduced, but many children with disabilities The study concluded that less wealthy coun- have simply been moved from larger institu- tries with lower levels of spending on public tions to smaller ones. The extensive funding health and social services tended to have needed for these new institutions has drained higher numbers of institutionalised children. scarce resources from developing foster care It speculated that this might be due to a lack fragmented home situations. fragmented totune beborn into violent, dysfunctional, or misfor- the or had families, deprived of their rounding the care of children who have been prejudice and sur- of obscurity onstration the dem- another is to provide systems such means native systemschildren. The lack of arrangements for alter- of environment more for and beneficial safer far care a provide in alternatives countries family-based other sible, not is pos- reintegration family When support. with the and workers, of or social other services tance reintegrated into their families with the assis- institutions in be could Most living children (3%). or guardians parents by either abuse sexual and (4%), or guardians imprisonment of parents 5%, orphaned: (7%), (11%), on streets the substances living parents chemical to addiction guardians’ or parents’ or guardians (18%), domestic violence (11%), (i.e. poverty) (24%), abandonment by parents following:children were family’s institutionalised included the lacksation of children of all ages. The main reasons of materialent categories to collect data on institutionali- resources differ- somewhat used funding federal receiving of 589 institutions survey anational Brazil, In time. of remain in institutional for care longer periods drug addiction services, children are likely to parents such as mental health and alcohol or to offer services social and health fewer with countries in well, As child. lent their towards vio- of being atrisk who are to parents services to unable provide are ment, social that and to prevent abandon- services of counselling 59 CARE INSTITUTIONS based organisations, and by private entrepre- and organisations, based by State, by faith- the run those including documented in institutions around the world, been violence has staff care, their providing is ing children from violence irrespective of who responsible for is State protect- the Although bodymay bestruck. the of implement parts the what and to beused, punishment is to be administered, including there how regulations are detailed specifying all forms of alternative care. of forms alternative all in punishment tently prohibited corporal all 31 consis- only have States care; of alternative other forms and institutions residential all in have prohibited nottreatment explicitly been or punishment of other forms degrading and punishment 145 In corporal sures. States, mea- violent disciplinary lawful still and rised State-autho- of form the in it comes of Some restraints, assault rape, or sexual harassment. or prolonged excessive beatings, abuse, verbal violence psychological and sexual physical, to jected by staff.Children in residential facilities may be sub- Such violenceViolence by staff can includethemselves constitute violence. institutions many in treatment practiced addition, In some of forms other children. ing neglect, and violence by children against includ- by staff, kinds violence of various cerns con- of evidence amount greatest The sources. of from avariety comes institutions care in of violence tochildren risk heightened The WITHINSOURCES OFVIOLENCE 60 In some States, 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 187 neurs or enterprises. The forms of violence can make them more ‘compliant.’ This may have be horrific. In care institutions in Jordan, chil- other implications; for example when children dren have been reportedly subjected to beat- with disabilities are heavily medicated by staff ings with hands, sticks and hoses, and having in institutions and hospitals (often as a way of their heads hit against the wall.61 In care insti- coping with staff shortages), they are unable tutions in Qatar, a study found that children to defend themselves from physical violence or were often beaten with sticks by institution sexual assault.65 staff, including teachers, supervisors, guards A further example of State-authorised violence and social workers.62 is the practice of performing medical inter- Violence in the guise of treatment ventions to limit reproductive functions – for example, giving hysterectomies to young girls In residential institutions for children with dis- with intellectual impairments or mental health abilities (including brain injuries, developmen- concerns. There have been reports of this viola- 188 tal disabilities, and psychiatric disabilities), chil- tion of human rights on girls as young as seven dren may be subjected to violence as part of their or eight.66 There is no medical justification purported ‘treatment.’ For example, in Turkey, for such operations. However, several reasons a two-year investigation found that in psychiat- have been given, including that the operation ric institutions, children as young as nine were will prevent the girls from menstruating, thus subjected to electroconvulsive or ‘shock’ treat- avoiding demands that would otherwise be ment (ECT) without the use of muscle relax- placed on caregivers; and that it will ensure ants or anaesthesia. Such treatment is extremely that the young girl will not become pregnant. painful, frightening and dangerous.63 Such concerns reflect the problems of under- staffed institutions and the lack of sexual and Electric shocks are also used as an ‘aversive reproductive health education and services for treatment’ to control children’s behaviour in girls with disabilities, as well as the lack of some institutions. For example, the SIBIS (Self adequate protection against the assumed risk Injurious Behaviour-Inhibiting System) device of rape for young women both in institutions is a commercially available remote-controlled and the community. electric shock device marketed almost exclusively for administering shocks to children Lack of care as a form of violence with disabilities. One facility in the United States devised its own ‘substantially stronger’ Wherever children are living, including when VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE device when it found that electrical shocks they are in the custody of the State, Govern- from the SIBIS device “lost much of (their) ments are required to ensure that basic needs are effectiveness” over a period of a few months.64 met. However, conditions in many residential institutions are often so poor that they put the Drugs may also be used, not for medical treat- health and lives of children at risk. Institutions ment, but to control children’s behaviour and are often overcrowded, unsanitary, and lacking to maintain control or simply for amusement. to maintain –either children amongst abuse peer encourage or may sanction peer-on-peer violence. Staff to lead often children older, aggressive more separate particularly vulnerable children from to afailure and overcrowding, tity, frustration, iden- for cultural respect and of privacy Lack poor. are supervision conditions staff and when particularly peers, violence their from to vulnerable are care residential in Children Violence by other children to death. instances many in and damage, psychological and mental physical, negative to severe leads Suchlation. deprivation often long without contact or periods stimu- human They are often programmes. or other rehabilitation reation, left in theirthe children beds have or no access cribs to education,In many facilities for for children with disabilities, rec- abusing themselves. physically and faeces own their eating seen supervision,adequate some staff were children Lacking faeces. and some urine covered with on floor, on the mats foundhave lying been In Mexico, children in psychiatric facilities environments. family in peers to their compared children these among rates mortality to increased leading resources, and staff both in ability got noability nourishment. due dis- to tounable pick their bottles up the were who children but staff, by provided were dehydration have of food beenfound. Bottles den children emaciated from starvation and for children with mental disabilities bedrid- 67 In rehabilitation centres centres rehabilitation In 68 AND DEVELOPMENT in care widespread. care in were children while by peers abuse sexual and bullying that indicated elsewhere and Russia, 1990s the from UK, the in studies issue, this not common are on studies recent While other for their own entertainment. own other for their each pitted against them staff orphanage that disorder, developmental delay and neural atro- disorder, neural and delay developmental were at risk of in harm terms of attachment without parents institutions care residential in found that young children years) (0–3 placed One on study Europe institutions in staff. by would bereplaced parents own from their unlikely that the attention they might receive givers. or care- to bond parents to their for children period of four, age acritical the under is which acute for children young particularly is damage psychological and developmental of risk The conditions poor. of are institution the in an institution, and in instances where the remains more longer the achild are severe effects negative The damage. psychological irreversible opmental delays, disability, and potentially devel- severe health, include poor physical can of institutionalisation effects the shown that has development child in research Extensive society. and families, their on children, enormous costs The overuse of institutions for children exacts ON CHILDREN’S HEALTH IMPACT OF INSTITUTIONALISATION from peers. primarily punches, and to kicks attacks knife from widely, reported also ranging violence was 72 Even in a well-staffed institution, it is Even awell-staffed in 70 In some cases, children reported children Insome cases, 69 ‘High-impact’ physical 71 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 189 phy in the developing brain. The study con- of their childhood in institutions were over- cluded that “The neglect and damage caused represented by a factor of 10 among returned by early privation of parenting is equivalent to trafficking victims.78 violence to a young child.”73 Research also shows that children placed in resi- Inactivity, social isolation, and degrading condi- dential care are more likely to come into conflict tions of living in institutions can lead to a decline with the law. In Northern Ireland, for example, in a child’s social and psychological function- a large proportion of young people who end up ing.74,75 After spending time in an institution, in the criminal justice system have come from a children can lose basic skills that they had upon care background. Twenty-five percent of those entry, such as the ability to look after themselves in custody are admitted directly from residential and to develop caring relationships. care, and an estimated 70% of 10–13-year-olds in detention are from the care system. One study The physical condition of children in institu- on the state of mental health services regarding tions may also deteriorate. Lacking rehabilita- 190 children in secure care and custody in Northern tion, physical therapy or other programmes, Ireland found that 48% of young people ques- children are often left to languish for years tioned had been in care for over five years, and in a state of total inactivity. Without stimula- that 22% had experienced four or more place- tion and opportunities for mobility, children’s ments within the previous two years – with one arms, legs, and spines become contorted and person having been moved 13 times.79 atrophied from lack of use. Lacking adequate human contact, some children resort to self- harm. Their situation is exacerbated when staff CHILDREN IN CUSTODY respond by using physical restraints. AND DETENTION Institutionalisation also fuels the cycle of vio- Violence against children while in justice insti- lence: institutionalised children are more likely tutions or in the custody of the police – police to engage in self-harm, aggression towards lock-ups, prisons including adult prisons, others, or become involved in crime, prostitu- reformatory schools, and other places where tion, or substance abuse. One study in Russia children in conflict with the law may be held suggests that one in three young people who – is more common than violence against chil- leave residential institutions becomes home- dren placed in institutions solely for provision less, one in five ends up with a criminal record, of care. Even though there are many overlaps

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE and one in ten commits suicide.76 Some studies and similarities (poor conditions, low quality indicate that many institutionalised children of staffing, etc.), the institutional treatment of are emotionally vulnerable and crave adult children regarded as being anti-social or crim- attention, making them ready targets for traf- inal is likely to be more physically and psy- fickers.77 A study in the Republic of Moldova chologically punitive than that of other groups found that young people who had spent part or in other environments. All the prejudices Civil and Political Rights, the CRC the requires Rights, Political and Civil Building on the International Covenant on to start. trial for their or waiting were trial, 83% under just four regions in ofinstitutions), Pakistan, other and detention cells account police in into alone (i.e. prisons not in taking detained children 2003,of out March of 2,340 around as Pakistan, In trial. but simply are awaiting detention have not of convicted acrime, been in of majority children the countries, many In protection. and of need care in rounded been have but orup homelessness, all, simply for vagrancy, being at offence no mitted have com- Many violent offences. committed Very have first-time offenders. few are and crimes, minor or with petty charged tion are deten- in girls of majority boys and vast The time in secure detention facilities every year. spend some of period teenagers and children example, in the USA alone, more than 600,000 collectiondata is urgently needed globally. For This is certainly an underestimate, and better liberty. deprived of their worldwide are dren chil- one one atany million time, that, mate some esti- sources disaggregated, generally not are systems justice and care in on children data and find to hard is information Although NATURE AND EXTENT or worse. nuisance, asocial as seen is child where the reinforced are children family-less and discriminations attached to unwanted or 2001 were detained pending trial. pending 2001 were detained and 1999 between jail in held children of 75% OF THE PROBLEM 82 In six jails in Cebu, the Philippines, the Cebu, in jails six In 81 83 80 mitted. com- allegedly was that for offence tence the is sometimes longer than the maximum sen- period for children pre-trial the for example, Burundi, In years. even or months for last may detention 37d). pre-trial However, (article sion aprompt to receive and its legality, lenge deci- to chal- right the and appropriate assistance other and to prompt right tothe legal access has liberty deprived of their child every that were sentenced toprison. were sentenced brought courts juvenile before the offenders in Indonesia in the norm. For the example, often imprisonment is late 1990s, up to orders,supervision probation, foster care, and 99% of encourages a variety of alternatives, including noted 40 earlier, as CRC article Although, tenced to correctional facilities or prisons. sen- are numbers of children large trial, After option children. an for street as ered for as much as one year. beenfound State, to Nigeria, has last Lagos convicted of offence. convicted any 13–17% of detained children were eventually only Pakistan, of In never convicted acrime. for are long periods detained of children the and pose no danger to public. the posenoand danger eligible for are bail detained of children ity major- the that indicate Asia South in Studies incarceration. of detainees’ families, resulting in needless reach beyond the well bail routinely set judges children are frequently sent into ‘safe custody’ from staff, peers and adult inmates. and peers from staff, violence of risk at conditions, dismal crowded, over- in for years or months even detained are 84 Pre-trial detention of children in detention of children Pre-trial 89 Bail is rarely, if ever, consid- 85 86 Disturbingly, many many Disturbingly, In the interim, they 90 In Bangladesh, 88 5 87 However, However,

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 191 by the police and the courts, even if this is remedy and social reform. The first separate unnecessary. Bangladesh passed a Children’s system of criminal justice for young people was Act in 1974 which called for a separate system introduced in the US State of Illinois in 1899, of juvenile justice, probation, and the removal and other States and countries swiftly followed of children from adult prisons. However, more suit. Since then, most (but not all) countries than 30 years later, the provisions of this Act have introduced special ways of handling the are breached and abused at every stage of a cases of young people, including lighter and child’s contact with the law, and children in alternative types of sentence. Many children custody may experience appalling conditions, accused of an offence today will – without 91 abuse of rights, and violence. losing the right to a fair trial – be diverted Similar situations have been reported in from judicial processes into the welfare system, Africa. Most countries in Eastern and South- come before special ‘child hearings’, or be pro- ern Africa have legislation on juvenile justice vided with treatment that takes full account of 93 192 systems designed to respect the rights of the their age, circumstances and needs. However, child. However, many are not functioning or while many countries have introduced child- do not exist due to financial constraints and friendly legislation in line with the CRC and lack of capacity. Separate facilities for chil- other international standards, application and dren in conflict with the law are scarce, and enforcement of these norms lag behind. children under 18 are imprisoned with adult offenders, putting them at even greater risk of Although the majority of offences committed violence and sexual abuse. This situation has by children are non-violent, pressure on politi- been reported to the Study from Kenya, Mad- cians to ‘get tough on crime’ has driven increas- agascar, Eritrea, and Mozambique, and occurs ingly tougher responses to children in conflict in many other countries.92 with the law. This pressure has resulted in harsher sentences and increased rates of deten- HISTORICAL CONTEXT tion. These policies are often fuelled by dispro- portionate media attention to juvenile crime Policies to deal with children in conflict with that reinforce public misconceptions about the law have evolved as societies themselves the nature and extent of crimes committed by have changed over time, and as ways of admin- children. For example, in the USA, between istering law and order have been redesigned to 1993 and 1999, the number of children con- match contemporary socio-political ideas and VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE fined in juvenile detention facilities increased realities. by 48%, even though violent crime committed Children living on the streets of towns and by children decreased by 33% during the same cities, some of them involved in petty crime, period.94 Between 1994 and 2004, the number became a fixture of the urban scene from of children sentenced to penal custody in Eng- the 19th century onwards, sparking calls for land and Wales increased by 90%.95 opposed as anything except as a is last Institutionalisation life. in start’ resort a‘bad after by for transformation potential human the and pressures, political of systems, justice purpose the methods, upbringing development, child about held of views strongly heart to the goes The discourse about children and criminality LAW WITH THE CHILDREN IN CONFLICT in the Delmas neighbourhood of Port-au-Prince. juveniles for ajail at bars through reach Boys 2005, HAITI, closely later. more examined brutality,are police tion and to to follow incarcera- exposure be expected can which into descent criminality from the them to keep and children, discriminated and towards marginalised attitudes to change of the developing world. Some of these efforts beginning to impression an make in pockets are attitudes side, plus more progressive On the sitting down until the morning. Because the prison is overcrowded. We eat badly. We are suffering, suffering, We are badly. We eat overcrowded. is prison the Because morning. the until down sitting “The life here in prison is very difficult. It is hard, because it is not easy for a person to live. live. to aperson for easy not is it because hard, Itis difficult. very is prison in here life “The We who are new here suffer a lot. We sleep badly. Usually, you don’t sleep – you fall asleep asleep fall –you don’t sleep you Usually, badly. We sleep alot. suffer here new are We who we’re beaten with a belt, the boss of the discipline beats us a lot. They sleep with us. us. with sleep They alot. us beats discipline the of boss the abelt, with beaten we’re The cell bosses force us to sleep with them (to have sexual intercourse).” sexual have (to them with sleep to us force bosses cell The

UNICEF/HQ05-1934. Roger Lemoyne Boy, 14, Eastern and Southern Africa, 2005 children migrating to the streets. of of precipitating 73% cases the in factors were mistreatment child and violence family law. Research conducted in Peru found that many children coming into conﬂict with the in result protection systems, and care quate poverty,chronic of ade- coupled alack with of pressures home the the Violence in and law the with Why children come into conﬂict provisions. enormously,18s up live to these few vary and for under- the 37). However, regimes custodial possible (article for shortest time the and resort last a as used be always should it that provides of detention, for use the and out guidelines set treaties rights CRCThe other human and insist upon it. may society safety-conscious crime- and the but experts, development child modern most vation for stealing. moti- main their forincluding those food,was needs, own their meeting that said children of 70% of Uganda, districts three in offenders of young astudy In of need care. desperate the and crime petty between frequent association ing, petty thieving or prostitution. Hence the the law, including begging, loitering, scaveng- behaviours that bring them into contact with there, many children engage in risky survival Up to 95% of children in detention are charged charged are detention in offences. petty minor and with children of 95% to Up that more than 80% of offences were for theft werefor theft of offences 80% more than that found DavaoCity in astudy Philippines, the most common. In are crimes other property 97 IV 98,99 Theft and 5 96 Once Once

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 193 (35%), substance abuse (28%) and curfew vio- in Lagos, Nigeria were non-criminal cases, of lations (19%). Violent offences accounted for which 55% were boys ‘beyond parental con- only 7% of crimes committed by children.100 trol’, and 30% were care and protection cases In Malawi, a 1999 study found that 68% of (‘found’ children). A further 15% were chil- registered offences were theft, burglary and dren who had been rounded up in police street robbery. The word ‘vagabond’ was used to raids. Likewise, 80% of girls detained in the describe a further 8% of young offenders, Girls’ Remand Home were non-criminal cases, which the study noted was “a term… repre- i.e. ‘beyond parental control’, or ‘care and pro- senting obvious cases of street children.”101 tection’ and civil dispute cases.103 In addition to being petty offenders, most Although almost no data are available about children in detention have not been previously young offenders with disabilities, it is widely arrested. For example, in the Lao People’s accepted that children with intellectual Democratic Republic and the Philippines, it impairments and mental health problems 194 was found that over 90% of children in deten- are at increased risk of conﬂict with the law tion were there for a ﬁrst offence.102 – often at the behest of others who see them as pawns. Once in trouble, these children are Many children are arrested and detained for less likely to be able to talk their way out of offences that are only a crime when committed trouble, or make a compelling case on their by children. These ‘status offences’ include tru- own behalf. Once in prison, they are also ancy, running away from home, or being ‘beyond more likely to be victimised. Neither the parental control’. In March–April 2003, 60% juvenile justice nor the child welfare system of children detained in a Boys’ Remand Home is well equipped to address children’s mental

INFANTS AND YOUNG CHILDREN IN PRISON

A unique group of children at risk of violence in detention facilities are infants and young children who are in prison with their mothers. This practice exists in many countries, in all regions. However, institutions seldom provide the necessary conditions to protect children. There are undeniable beneﬁts in keeping children with their mothers; some countries allow only infants to stay with their mothers, while others allow mothers to keep children up to the age of six. However, improvements are

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE urgently needed in the conditions under which these institutions function in order to cater for the specific needs of children living with their mothers in detention. For example, a study on children in prisons with their mothers in Cambodia found that children were beaten by other prisoners when they cried, or as a result of a dispute with the child’s mother.104 juveniles and the law commented that “The numbers of juvenile girls within the system the within of numbers juvenile girls “The commented law that the and juveniles paperon A2002 from adults. segregation their to ensure facilities fewer havemay even Governments boys, than numbers much in smaller detained usually are girls Since rapist. their to marry honour, family or the forced to preserve bekilled may girls the that dueents, to fears over par- to their handed for than put juvenile institution delinquents rather into an often are assaulted who have sexually been girls ForSyria, in example, practised. are where ‘honour crimes’ countries acute in particularly is abused who have sexually been exploitation. and Detention abuse for protection the of girls of sexual victims the often most who are girls ‘protective affects disproportionately custody’ of so-called use The DETENTION IN GIRLS detention.ups or in police lock- in children vulnerable place tives, appropriate alterna- lacking and need, in dren to respond to chil- agency only and first the often are police The protectionand systems. for a substitute care adequate as used is system justice criminal the countries, tooIn many care for asubstitute as Detention living. are children where their children’s lives, sometimes even losing track of of their say about aspects to up give key their feeling abandoned. Meanwhile, parents have and displaced of being stress added the face families. Children with mental health needs up there. Suchdren with placements mental or emotional disorders end are needs,health yet increasing numbers of chil- devastating to actually committed no criminal offence. no criminal committed actually protection, who and had and of need care in police in werechildren facilities or correctional custody children of 80–85% that found study 105 114 For example, in Kenya, a 106 they have liberty, committed deprived or whether of not their are ‘re-education in where centres’ placed they and an offence. up rounded are children street other countries, many in out as proof Rwanda, In of misdeed. into detention by with- police taken are and elements, to beanti-social simply assumed are Many children working or living on the streets the case of girls and women, and have of girls where they case the or, in traffickers, from or brothels from cued res- assaults, of or rape sexual victims the been have where they cases in or homes for vagrants jails in bedetained can girls boys and gladesh, For under example, ‘safe Ban- laws in custody’ box). (see industry sex commercial the in dren chil- and children trafficked forced marriages, if they were criminals, including girls fleeing nomic exploitation are frequently detained as or eco- of sexual victims who are Children they maybekept indefinitely.they in remand institutions or adult prisons, where settings, they are sent by courts to detention 108 107 5 In many >>>

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 195 “Ninety percent of the kids that go in, come out worse than when they went in.” Young person, North America, 2004 V

GIRLS IN DETENTION

are small, and as a result they are simply tacked onto the rest of the system with little recognition that their needs are different and separate from older women. It also means that they attract fewer resources…”115 Girls in detention facilities are at particular risk of physical and sexual abuse, particularly when detained in mixed-sex facilities, or where a general lack of facilities for girls results in placement in adult facilities. An additional concern is the lack of female staff in facilities detaining girls. Male staff often engage in ‘sanctioned sexual harassment,’ including improper touching during searches, or watching girls while they dress, shower, or use the toilet.116 Male staff also use their positions of authority to demand sexual favours, and are responsible for sexual assault and rape. 196 married someone from another religion or SOURCES OF VIOLENCE IN without the consent of their guardians.109 Sim- DETENTION AND POLICE CUSTODY ilarly, in India and Nepal, trafficking survivors and girls found in brothels are often forced by Children deprived of their liberty and placed the police and NGOs into ‘protective custody’ in detention are at extreme risk of violence. As in secure institutions.110 in residential care, violence against children in detention often comes from staff or peers. In Mental health is also an issue of concern in addition, children may be subject to violence the incarceration of children. Studies in the from adult detainees, from police or security UK indicate that between 46% and 81% of forces while in their custody, or may receive vio- young prisoners (aged between 15–21 years) lent sentences as a judgment from the courts. have mental health problems.111 Other research Violence by staff in detention claims that about 80% of children in custody institutions suffer from at least two mental disorders.112 Quite apart from the fact that such children Children in detention are frequently subjected should be receiving treatment and not pun- to violence by the staff, as a form of control or ishment, staff in correctional institutions are punishment, and often for minor infractions. VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE often not trained to deal with children who are Although 124 countries have fully prohibited mentally ill or who have emotional problems. corporal punishment in penal institutions, in In detention centres, for example, it has been at least 78 countries it remains legal as a dis- reported that staff have responded to suicidal ciplinary measure in these institutions.117 In children by stripping them naked and tying the Lao People’s Democratic Republic, 30% of their wrists and ankles to bare beds.113 detained children reported physical or mental community. However, the in children on chapter violence against the it is importantkillings. This is to discussed at greater note length in and assault, sexual beatings, harassment, ing includ- police, by violence to vulnerable ularly partic- are on street or the working living dren Chil- children. responsible for violence against often are forces Police other security and forces security and Violence while in custody of police injuries in 51 cases. year, causing the in 768 wereribs used times holds involving pressure to noses, thumbs and 12 and 17 were detained. Painful restraining between aged centres’,ing children which in privately-run ‘secure four train- in restraints ful pain- of use frequent revealed 2005 November in obtained information UK, the In a time. positions for at hours physical uncomfortable as a “disciplinary” measure, restraints or to months, subjected painful even or forced to hold for weeks cells to cramped may beconfined and developingalized countries. Children industri- both found in Violent are practices withheld. meals having and sun, the in toforced sitting crawl, punishment, from ranging beatings, being them with wooden sticks. with them them with their fists, kicked them, and hit punched them, abused verbally guards that reported children occurrence; adaily are ings beat- Brazil, in centres detention juvenile some abused, usually by guards and teachers. and by guards usually abused, study sample said that they had been of a sexually half more than treatment; other cruel and third of detained children reported beatings 118 In Yemen, more than one- Yemen, than In more 121 120 “Cops are really aggressive with kids. They slam kids on the ground ground the on kids slam They kids. with aggressive really are “Cops 119 In and when they strip search you they are rough.” rough.” are they you search strip they when and rubber hoses, and belts, and sexual abuse. sexual belts,rubber and hoses, and batons, whips, with ups beatings reported for example, children detained in policeinterrogation, or in police lock-ups. lock- In Egypt, arrest, during for forces, example, security and of custody the in police formally to children that a significant part of this violence occurs crime. by police in order to get and humiliatednaked, them during interrogations to confess to a been burned, whipped scissors, cut with while and beatings while blindfolded. while beatings and tied, hands their with beatings objects, hard with beatings electricshocks, such as methods with torture reported 58.6% and forces, rity ment of custody the police in or while secu- abusivetreat- reported prisons in interviewed people young and 85% Nepal, ofIn children requiring police to inform the Department of For Philippines, the laws in example, ians. or guard- parents totheir without notification police lock-ups for long periods of often time, However, in practice, children may remain in before a judge brought or facility children’s within appropriate an 24 to 48 hours from to police custody quickly be transferred or less. In many countries, laws require children to guilt. reported having been forced to admit their respondents of 68% detainees, juvenile of that Welfare Developmentfor and Child found Commission National the Pakistan, In dren. chil- from confessions and information extract to torture, including violence, routinely use It is well documented that some police forces a result of torture. police a result 124 125 In Papua New Guinea, children have children Papua In Guinea, New In some states, children have died as Girl, 16, North America 16, North Girl, 126 VI 123 5 122

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 197 “It was like being cruciﬁed on an iron bed. I tried to resist, but seven or eight guards pushed me down on my back onto a hard iron frame. They stretched out my arms and legs and chained them to the four corners of the bed. I had to lie there like that from the evening till the next morning.” Girl, 16, Middle East, 2003 VII

Social Welfare and Development within eight punishments of extreme violence, including hours of a child’s arrest are frequently not flogging, stoning, and amputation. For exam- observed, and children may remain detained ple, the CRC has expressed concern about in police cells for up to a month.127 In Jamaica, such sentencing of children to States includ- an investigation in the late 1990s found that ing Brunei Darrussalam, the Islamic Republic many children who were abused, neglected of Iran, Nigeria, Pakistan, Saudi Arabia, and or accused of only petty offences remained Yemen, and has recommended that these coun- in filthy and overcrowded police lock-ups for tries amend existing laws to make these prac- periods of eight months or more.128 tices unlawful.132 Similarly, violence may be used against chil- Although universally condemned and prohib- dren in the custody of security and military ited by international law (ICCPR, article 6, forces in occupied or disputed territories. In CRC, article 37a), some States still demand Israel and the Occupied Palestinian Territory, capital punishment for crimes committed 198 over 1,400 Palestinian children were arrested by children. Since 1990, Amnesty Interna- by Israeli military authorities between 2000 tional has recorded 39 reported executions and 2004. Affidavits by Palestinian child of child offenders in eight countries – China, detainees indicated that most were subjected the Democratic Republic of the Congo, the to one or more forms of mistreatment during Islamic Republic of Iran, Nigeria, Pakistan, their period of arrest and interrogation includ- Saudi Arabia, the USA, and Yemen.133 In ing sexual harassment, and physical and psy- March 2005, however, the US Supreme Court chological threats.129 ruled that the death penalty could no longer Violence as a sentence be imposed on individuals for crimes committed before the age of 18, and the remaining Corporal punishment as a sentence for children 72 persons who had been sentenced to death convicted of offences has been prohibited in for crimes committed as juveniles were then 177 States and territories, and a series of human removed from death row.134 rights judgments have condemned the practice. A life sentence without the possibility of release However, some 31 States and territories still for offences committed by children is also permit corporal punishment as a court sentence against children.130 For example, Malaysia’s proscribed by international law (CRC, article Child Act allows the whipping of children found 37a). However, at least 15 countries have laws VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE guilty of an offence.131 In Tonga, the Criminal allowing this, although only a handful impose Offences Act stipulates that boys under the age the sentence in practice. Outside the USA, of 16 can be whipped up to 20 times. there are only about a dozen child offenders known to be serving life sentences. In the USA, In certain countries, children who are judged however, by 2005 some 2,225 individuals had to have reached puberty may be sentenced to been sentenced to serve the rest of their lives rate juvenile justice systems have not been been not have systems justice juvenile rate where sepa- States In tion maynot exist. even for short-term or longer-term custody deten- In some parts of theing in further abuses by police, world, including rape. separateparticularly facilities supervision, Adequate them. violence, against at night, is sexual violence, including who mayperpetrate often lacking,children are often held together result- with adults In police lock-ups, where space is limited, white children. more than often times sentence 10 the receiving African-Americans with marked, are disparities Racial of child. the murder, or intent without knowledge the often committed had aco-participant which during or burglary arobbery in participated had child ofwere ‘felony convicted murder,’ the which in 26% estimated an conviction; criminal ever imprisonment first- withoutlife for parole their were sentenced 59% to estimated An children. as committed had they prison forin crimes blackmail, or even rape by or rape older even prisoners. blackmail, behaviour, of threatening atrisk them putting adults, from separated were not systematically people 18 under young that reported UNICEF countries. In of Europe Council three atleast in adults Germany, for as cells same people kept the young in being example, in 1988tion of about Torture concern its recorded has of Europe’sCouncil for Preven- the Committee Since 2001, occurs. thetion adultsstill with tion by adults. order Yet in exploita- law to preventthe and abuse in many countries,separate facilities for children in conflict with deten- requires countries most in legislation National Violence by adult detainees 135 136 inmates. increasing conditions, appalling under offenders adult installed, children their are routinely detained with risk of violence from older another young person. young another by or assaulted hit, kicked been had girls and 21% Wales) and found that land of boys both tor Youth of and Prisons (Eng- Board Justice report from Inspec- a2005 Chief the UK, the children were tried in adult courts. dren as adults; in 2000, an estimated 55,000 changed its laws to make recently has state every nearly it USA, the In easier to try chil- they may also incarcerate them with adults. adults, sentenced and as tried, to bedetained, children allow addition,In where countries of self-mutilation and suicidal behaviour due due behaviour suicidal and self-mutilation of atheightened risk detention in are Children Self-harm ing beatings, stabbings, rape, and murder. rape,and stabbings, beatings, ing includ- centers, detention juvenile in held dren led of to episodes serious violence chil- among deIn Rio Janiero, gang-related rivalries have violence. on-peer peer- to lead often children aggressive more older, from children vulnerable particularly to separate a failure tion, and overcrowding, poor.supervision are of privacy, Lack frustra- when conditions staff and particularly peers, facilities are vulnerable inAs care institutions, to violence children in detention from their Violence by other children detainedically in adult prisons. typ- then are courts these in convicted who are 137 140 138 5 Children 139 In

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 199 “When I went to prison, I was around all the violence. I was like, ‘man I gotta get out of this – how am I gonna get out of this prison?’ I can’t do no life sentence here at that age. And so I thought of that [killing himself]. Gotta end it, gotta end it... I’ve got so many cuts on me… Razor blades. They give us disposable razors.” Boy, sentenced to life without parole for an offence committed at 14, North America, 2005 VIII

to violence, neglect, or poor living conditions. UK, 29 children died in detention between Prolonged or indeﬁnite detention and isolation 1990 and September 2005. Twenty-seven also contribute to poor mental health (dis- hanged themselves, the youngest aged 14, and cussed above) and the risk of self-harm. one died while being restrained.143 In the USA, 110 youth suicides are reported to For children detained in adult facilities, the have occurred nationwide in juvenile facilities risks of self-harm are particularly great; some from 1995 to 1999.141 In 2002, a total of 122 studies in the USA indicate that children juvenile detention facilities reported transport- detained in adult jails or prisons are up to ing at least one child to a hospital emergency eight times more likely to commit suicide than room because of a suicide attempt.142 In the those detained in juvenile facilities.144

DOES CHILD DETENTION ‘WORK’?

200 Children subjected to detention are more likely to commit offences in the future than children placed in diversion programmes. In the USA, virtually every study examining recidivism among children sentenced to juvenile detention facilities has found that at least 50–70% of offenders are re-arrested within one or two years after their release.145 In contrast, recidivism rates for children placed in some community-based alternative programmes are as low as 10%.146 Recidivism is particularly acute for children detained with adults. In Cambodia, an estimated six out of 10 children detained in adult prisons are re-arrested for more serious crimes after their release.147 According to one juvenile justice expert: “Evaluation research indicates that incarcerat- ing young offenders in large, congregate-care juvenile institutions does not effectively rehabilitate and may actually harm them. A century of experience with training schools and youth prisons demonstrates that they constitute the one extensively evaluated and clearly ineffective method to treat delinquents.”148 VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE CUSTODY ment of such children based on CRC. the based ment of children such proper and treat- on protection, the care ance guid- Commentto adopt providing aGeneral of Child the on Rights the Committee led the children asylum-seeking separated and panied by unaccom- faced of losses rights and abilities pean countries have legal and practical provi- practical and have legal countries pean of Euro- one-third Currently, around only children. ofand separated 5,000 arrivals asylum-seeking 1,000 between recorded each UK the and Italy Belgium, France, Austria, suchcountries as 2004, In unaccompanied. or entirely family, from close either separated are children ugee ref- number and significant of asylum-seeking parents orWhile many refugee children in are with their the care ofUnaccompanied children family members,munity. a com- the from isolated are wheretutions they insti- in themselves find children of these many status, in or illegal legal Whether rules. gration immi- of contravention in or documents sary neces- the without often opportunities, social and economic of better search in borders across forced military recruitment. Others may move or parents, of their or disappearance death lies, insurgency,ethnic persecution of fami- their conflict, armed including of reasons variety home for a their flee may countries Children REFUGEES, ASYLUM SEEKERS OTHER CHILDREN INSTATE AND MIGRANTS 149 In 2005, concern about 2005, vulner- In concern the 150 during procedure. the asylum children disappear from reception facilities or separated and numbers of unaccompanied Significant toviolence. exposure potential their increases This trauma. from be suffering who those may especially children, with deal to not are trained children’s staff and needs, not tomeet equipped are centres many that is But reality the guardians. appointed trained prohibition detention, officially on and child a facilities, reception include separate ideally panied children. Such arrangements should protection and of unaccom- sions for care the suicide.” to some commit is control life, oftake their to suffering, end this can way only they the that tofeel some children torture’, leading ‘mental as described been has and years last children in residential centres gone “has on to placement the of some Programme, Europe in Children Separated to the According comes. out- to desperate lead Depression can origin. of country their in or trauma serious torture who of havesurvived those case the in anxiety dren’s risk of self-harm. chil- these exacerbate may ofsequences return, con- about the fears combined with detained, about how to be are long they uncertainty of level the that concern have expressed ees Groups working with asylum-seeking detain- trafficking. to related being as reported are disappearances are held in secure facilities for held long facilities are secure in periods. in relation to their immigration status, many detained be never should children Although Jail-like facilities 153 152 This is This a particular 151 Some of these 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 201 “I was tortured in prison and male inmates burnt me with cigarettes because I refused to have sex with them”. Boy, 16, Indian Ocean subregion, 2006 IX

For example, in Australia, hundreds of girls migration channels, but major flows invariably and boys seeking asylum have been held in include children, including some who become detention centres for an average of 20 months. unaccompanied or separated from close family The prolonged detention had a significantly during the migratory process. In Spain, almost detrimental impact on the mental and physi- 1,400 unaccompanied and separated migrant cal health of some of these children. Some of children were taken in by the Andalucian the children held in detention suffered from Administration in Southern Spain between depression, post-traumatic stress disorder, and January and October 2005.157 In Mexico, over anxiety disorders. Other children experienced 4,000 unaccompanied children were returned bed wetting, sleep walking and night terrors.154 to their countries of origin in 2005 alone, most Children were also exposed to unrest, protests of them to Guatemala. The return procedures and violence that took place in some of the do not include the necessary safeguards to detention centres. Some children in detention guarantee the security and well-being of these also sewed their lips together and committed children. 202 other acts of self-harm.155 Concern over the treatment and care migrant Asylum-seeking children were detained in children receive in the country of destination immigration centres or confined in international – as well as in their country of origin in those airports in several countries in 2004 and 2005, cases where they are subsequently repatriated – including the Bahamas, Botswana, Libyan has been growing. The ‘care’ of these children Arab Jamahiriya, Malaysia, Thailand, the USA 156 too often involves unwarranted deprivation of and Europe. Children may be detained with liberty, or placement in open facilities where their family members for immigration-related conditions are inappropriate. These children offences, without it being assessed if this is in frequently lack the guarantees and legal rep- their best interests, and without examining resentation available to other children in the alternatives to detention. Release is often only country concerned.158 Detained children are secured when confirmation of resettlement to frequently housed in the same facilities as non- a third country of the minor or the family has related adults; they may be exposed to trauma- been obtained. Stateless children are at a par- tising experiences and have inadequate access ticular risk of facing long-term detention for to proper nutrition, health support and educa- lack of residence requirements. These circum- tion. Some children detained for breaches of stances do not necessarily entail violence, but immigration regulations are held together with

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE may leave children in especially vulnerable and individuals charged with criminal offences. exposed situations. Detention of migrant children Peer violence is also a risk. A study of migrant children from Northern Africa detained in Statistics on illegal migration are few and not Spanish centres found that many reported reliable in view of the clandestine nature of extortion, theft, and physical abuse by larger, illegally through force or deception. through illegally military forces, either legally as volunteers, or into Government recruited are girls and boys 65 world, the around atleast In countries orarmy barracks camps. training place in institutional, taking dren isessentially chil- of work,these residence mode of and life, be subjected may forces military Government of members its follow-up.and However, who are children to violence onflict Children 1996 the in study UN in peacetime. explored was which soldiers wartime, during not does subject cover of study the child This The CHILDREN IN PEACETIME ARMIES on streets. the would besafer they that belief the in centres away from the ran dren front in of Some them. chil- occurred abuses when even tointervene, failed often staff the older children. Many children reported that sures for dangerous activities such as handling handling as such activities for dangerous sures mea- of safety lack the and byishment officers injuries were of to result believed bethe pun- and deaths The of accidents. serious victims many others and have service, been military conscripts have died while serving compulsory 1989, Since authorities. tary over 100 young birth certificates falsified by civilian or mili- with often forces, armed into the recruited children For Paraguay, in example, illness. mental and as youngpoint of suicide, self-harm depression and/or as violence,rape, sexual and harassment to the 12 have soldiers may besubjected to bullying, age been under- such that indicates siderable evidence forcibly (known as the Machel the Study) as (known Impact of Armed Con- Impact ofArmed 160 159 Con- AND JUSTICEINSTITUTIONS AND AGAINST CHILDREN INCARE ment. ill-treat- systematic after damage psychiatric permanent suffered conscripts Some weapons. in the British military. British the in abuse and of bullying allegations to investigate procedure complaints external an ommended rec- and inquiry an conducted later committee parliamentary A2004 barracks. atthe lying of incidents bul- of systematic self-harm and dozens as well as of othersuicides, revelations led to old Barracks soldiers Army atDeepcut 17 of two year deaths suspicious the UK, the In placed in institutions, and providing alterna- providing and institutions, in placed the main reducing factors major thrusts: two has This tant. thatit takes lead place before violence avoid to to prevention primary in children institutions occurs, children violence which against in being is highly impor- other settings with As systems. justice and care in children respond to violence against and to prevent required is of responses A variety TORESPONSES VIOLENCE activities such as weapons training. hazardous and of other forms abuse, and lying conditions, bul- to harsh exposure about their receive military raising training, concerns of 10 age from the units or 11.tary also They orphaned children may be ‘adopted’ by mili- homeless and Ukraine, the and Russia stan, in In bases army Kazakh- barracks. military thousands of children live permanently on forces, not members armed of the Although 161,162,163 164 165 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 203 tives to the institutions themselves. The first cases, legislation should be consistent with the of these can only be dealt with briefly in this CRC and other human rights instruments. section, and is also addressed in the chapter Some important features of such legislation on violence against children in the home and include the following. family. Alternatives to institutionalisation are described in more detail. The State must not itself be a perpetrator of violence against individuals in its care. There- The section also deals with secondary preven- fore all forms of violent sentencing must be tion measures focused on responding imme- eliminated, including capital punishment and diately to violence in institutions. These take life imprisonment without the possibility of into account that however fast primary pre- release. The use of corporal punishment and vention advances and institutionalisation is other cruel or degrading forms of punishment reduced, existing institutions and all alterna- or control must be prohibited explicitly within tive care placements must be made safe places all institutional and alternative care settings 204 for children. These include better training and where children reside or are detained. appropriate remuneration for staff, more and better services to meet a wide range of chil- In the interests of reducing the numbers of dren’s needs (including those related to sex and children taken into custody, criminal codes disability), improved supervision and adminis- and other legislation related to crime and polic- trative transparency, and more openness to the ing need to decriminalise status offences and voices and involvement of children and their survival behaviours (such as begging, loitering, families. vagrancy) to remove the legal basis under which many children are taken into custody. Sexu- Also essential is action to address the impu- ally exploited or trafficked children should be nity of those who are responsible for violence treated as victims to be helped rather than per- against children, by establishing effective and petrators to be arrested, and must be provided transparent monitoring, investigation and with community-based care and protection. accountability mechanisms. In the case of trafficking and illegal entry of migrant children, there should be a non-pun- LEGISLATIVE ACTION ishment clause for immigration offences such as possession of fraudulent documents. A clear legislative basis to deal with children in care and detention is an essential part of elimi- Legislation must reflect States’ obligations to

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE nating violence against children in institutions protect children, wherever they are placed and and other forms of alternative care. In some whoever is providing or managing the institu- countries, this may best be contained within a tion or form of care. All potential staff should comprehensive children’s act or similar broad- be screened. All institutions and alternative based piece of legislation; in others, existing forms of care must be registered and the care legislation may need to be modified. In all of children within them regulated in detail. All INSTITUTIONALISATION tion centres, and adult prisons. Detention Detention prisons. adult and centres, tion to police facilities custody,care juvenile deten- private and public both from institutions, of range full the entering of children numbers children in care or custody, and against to violence prevent to reduce both aim should the systems justice and Policies care governing POLICIES TO PREVENT complaint. to their response the with not are satisfied they if process appeals an their representatives should also have access to vided to children in institutions. Children and should bepro- complaint mechanisms safe and independent accessible, simple, that ensure tional procedure manuals. Legislation must in law, should have abasis beheard rather will families their thanGuarantees just guidance of violence. allegations redress and investigate or that institu- on to conditions,ongoing and information the voices law, in power the to demand with be established by competent should bodies systems reporting of children monitoring and Effective boys. and for girls nity ety, individual while respecting privacy and dig- and other elements soci- and of civil media, lawyers, institutions ombudspersons, rights and human NGOs, ofnot interests child), best the the in when (except for children’s access ing families anteed in a number of ways, including ensur- accountability. Public scrutiny must be guar- without settings, closed no longer as operate can institutions that ensure also should Legislation incidents of violence. onto report all institutions should justice and berequiredcare care unless it is in their best interests. best their it in is unless care into residential not admitted are children that toensure is evaluations of objective such tant impor- An appropriate needs. child’s to that most placement of type the identify to ducted should becon- evaluation an into care, or taken for considered is whenever achild that means resort’ principle this of ‘last terms, practical In time. necessary for shortest only the then chil- to danger others, posing a as real andassessed For setting. tion should be family used only for children who are law, the with deten- conflict in who are dren alternative an or family own their bemet in cannot whose needs dren should for chil- care bereserved Institutional The principle of ‘last resort’ detention and institutions. of care out children to contribute keeping and greatly at-risk and children, vulnerable or manage raise by definition help improve families’ capacity to would goals) development anti-poverty general retention, and educational and sive education abuse, reduction of domestic violence, inclu- equality, prevention social and of substance improvement, livelihood risk factors, gender for families of children with disabilities or other provision, including improved service basic as (such measures of broad-brush arange that mind Ittutionalisation. should, of beborne course, in insti- atreducing specifically approaches, aimed prevention primary are Most of following the term needs. special or her his long- and of child the interests best into the account taking options resort, of last as should beregarded care institutional and 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 205 “We are beaten by security forces… when we are caught, on the way to the lockup, and when we arrive at the lockup. In the lockup, we are beaten by other prisoners who ask us for money. During interrogation, we are beaten so that we will tell the (police inspector) what we stole or tell him who did it.” Boy living on the streets, Eastern and Southern Africa, 2005 X

There is nothing particularly new about the institutional care. Clear strategies for reinte- ‘last resort’ principle either for care or justice grating children into the communities must be issues. The problem has been that in many parts in place. In many countries, this will entail a of the world, the ‘last resort’ is frequently the fundamental shift in policies. only resort considered or available. Although there have been local successes, in only a few Professionals who work with children, policy regions have entire care and justice systems makers, and ofﬁcials including police and shifted towards making alternatives the norm. judges should be educated about the desirabil- In the words of one expert who contributed to ity and availability of alternatives to institu- this Study, “It is not enough to repeat the same tionalisation or detention. For example, police services should have speciﬁcally trained police mantra, it must mean a radical change in the to focus on children’s care and protection way the systems operate.” issues. Doctors and other health professionals Prioritise alternatives should be able to provide families with a dis- 206 abled child or other at-risk children with the Family and community-based alternatives and referrals and information they need to care for diversion mechanisms must be developed and and support their children. resources allocated, to reduce the reliance on

THE HIGH FINANCIAL COSTS OF INSTITUTIONALISATION

Institutionalisation of children is expensive, and can be up to 12 times the per capita cost of community-based care options, creating an unnecessary ﬁnancial drain on bud- gets.168,169 The World Bank reported that the annual cost for one child in residential care in the Kagera region of the United Republic of Tanzania was over six times that of supporting a child in a foster home.170 Research in Ukraine, the Republic of Moldova and Russia during 2001 and 2002 showed that community residential and small group home care cost approximately half that of State institutional care; foster care cost approximately one-ﬁfth to one-third that of State institutional care; and family support and social service provision cost approximately one-eighth that of State institutional care.171 Although less expensive over the long term, the creation of such alternatives initially requires additional resources. A study of institutionalisation in the CEE/CIS countries

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE cautions that “the resultant savings will not be realised immediately. This is because to enable a smooth transition it is necessary to set up alternatives before an institutional system has been closed down or reduced in size…(However) as institutions are gradually closed, the costs are reduced as the new system takes over. These extra transitional costs must be regarded as an investment to the introduction of a new and better system.”172 for Minors, in the old part of Sana’a. of part old the in Minors, for Rehabilitation for Centre the at dormitory the in reading bed in lies Ahmed Abdullah Nine-year-old 1998, YEMEN, have stayed with family members. otherwise who might for children start poor life exclusion, a and social discrimination stigma, building the kind of facilities which reinforce avoid and policy the NGOs should respect and charities Africa, South in as care, needing children orphaned by HIV/AIDS and others for policy anon-institutional clear made already Governments have Where activity. sensitisation and partners, and support for re-training and Government with advocacy through natives, alter- support actively should NGO, or mental donors, intergovern- multi-lateral, whether All to change societal attitudes to child care and and care to child attitudes societal to change More necessary is generally, public education secure facilities. of for construction the to beused aid allow tion and prevention programmes, rather than todeten- alternatives support they that ensure also should reform justice juvenile support that 166,167 Donors

UNICEF/HQ98-0996. Giacomo Pirozzi tions for the care of their children. of their care fortions the inform families about non-institutional solu- to action, and take actually decision-makers that both ensure to essential is This itself. tion to wellcriminalisation, as as institutionalisa- in institutions in order to obtain education an deposit may children parents entrenched, and institutionalisation in places where poverty is reducing of means a is fees) school with help Access to free educationlower institutionalising than them. substantially is home at (or children their inmaintain some settings,Furthermore, the cost of supporting to families of interests child. best the happiness, the and and health of their terms in inarguable are ilies fam- their with of children beneﬁts The keeping dens of care to take a break from time to time. bur- serious with parents toenable respite care and of poverty; pressures the to relieve tance assis- livelihood skills; parenting effective teach that programmes groups, etc.); faith-based local support groups, support groups (mutual based social workers, home by visits services; social and health basic quality and visiting accessible include services law. Such nurseswith children coming into conﬂict with the or community- linked are home that the other factors in and violence address or support her. can him Family to institutionalisation be helped can to for care or resort abandon achild otherwise who might parents many support services, adequate With at-risk families forSupport disadvantaged and CARE TO INSTITUTIONAL ALTERNATIVES 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 207 for them. In Zimbabwe, the Child Protection intensive needs to stay in their natural families Society reports that the biggest single reason represent an economically viable alternative why families in Zimbabwe do not want to to institutionalisation. They provide fami- care for their children is that they are worried lies with various combinations of training, about the cost of education.173 Governments are ﬁnancial subsidies, and services. In the two required to invest in education for all children, decades following the introduction of family and donors and NGOs should favour helping support programmes in the USA and Canada, families or foster families with school fees rather the number of children with developmental than encouraging the use of orphanages or disabilities living in institutions decreased by building institutions. Where necessary, normal about 70%.174 For this to work, parents with schooling should be supplemented with tar- children who have disabilities need to be pro- geted assistance and outreach to speciﬁc at-risk vided with accurate information about how children and their families (see the chapter on they can care for their child and what services violence against children in the community). are available in their community. The same is 208 true of parents with disabilities or with chronic Support for families of children with illnesses like HIV/AIDS. disabilities Boys and girls with disabilities have an equal Where children have disabilities, family sup- right to education. In 1999, it was estimated port programmes which enable children with that only about 3% of children with disabilities

CASE STUDY: HELPING FAMILIES TO CARE FOR CHILDREN AT HOME

A family in Lebanon had four children between the ages of two and 12. The father was severely disabled and required extensive care. The mother was active and healthy, but jobless and overburdened with her family’s daily needs. Although her three older children were doing well in school, the mother was unable to pay their education fees. She approached an SOS Children’s Village, asking them to accept her children. Rather than taking the children into care, SOS made an agreement with the mother that SOS would cover the children’s educational fees for one year, and approached the school to reduce the school fees. The mother was also asked to prepare a business plan

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE for an income-generating activity that she could carry out. SOS agreed to help with start-up costs and provide a loan for her business. Within 15 days, the mother drew up a plan for a mini-bakery in a shop next to her house. As soon as she went into business, she began to generate income and to repay the loan to SOS. The family soon became entirely self-reliant, with the children remaining at home with their parents.176 12). of placement the (CRC article process stages all in to have participate aright Children optionswhen for child. considering the religious, cultural and linguistic background ethnic, child’s into the account to need take the emphasises also 20.3) CRC The of (article each. quality the ensure possible and options as care of different arange wide as tooffer aim and care that different children need different types of recognise should courts, including decisions, involved those placementGovernments in and preferences Accommodating needs different and care. avoidand institutional provide to support together keepsiblings soas to possible often is it household, of heads as acting are where older children Africa, rural in prevalence HIV ahigh with regions homes. In group small and carers, as members who serve adoption, family support for extended tering, pos- not is natives it to institutionalisation may include or fos- family their sible for them lose to stay with their parents, alter- children When vulnerable children Direct for support orphans and peers. their alongside sive education Children with disabilities have a right to inclu- school. to access had countries developing in express their views. their express with children having the full opportunity to pate in decision-making about care options, should partici- parents their and children both children to stay with their biological families, scared and confused. Your journey through life has been grim – family despair and violent arguments, arguments, violent and despair –family grim been has life through journey Your confused. and scared Yesterday you were home. This morning a social worker came and took you away. You joined the more more the You joined away. you took and came worker asocial morning This home. were you Yesterday than one million children living in residential institutions across Europe and Central Asia. We must We must Asia. Central and Europe across institutions residential in living children million one than 177 no money for clothes or games, sometimes no money for food. But nothing has prepared you for this. this. for you prepared has nothing But food. for money no sometimes games, or clothes for money no When it is not possible or desirable for “We don’t know why you are here and how long you will have to stay. You are ten years old, old, years ten You are stay. to have will you long how and here are you why don’t“We know Maria Calivis, Regional Director for CEE/CIS and Baltic States, UNICEF, 2005 UNICEF, States, Baltic and CEE/CIS for Director Regional Calivis, Maria try to see the world through the eyes of children we serve.” we children of eyes the through world the see to try 175 their deprivation of liberty (CRC article 37d). (CRC article deprivation of liberty their of legality the to challenge other assistance and legal to speedy aright has restricted is liberty child’s individual situation. Any child whose ment for each child, into taking account each environ- restrictive least the toidentify nisms mecha- develop should agencies Government appropriate and represented.Police, judges, are they if they atwhich hearing ajudicial following and detained only are to danger posing others a as real assessed are children that ensure to should be put place in systems Screening time. of possible for shortest length the and resort, Children should programmes. into alternative system justice formal the from and police custody only bethat detained they are ‘diverted’ law –it the essential with is conﬂict actual in as quickly as – i.e. those who as remain lem. children a Ofthose possible last prob- or developmental/behavioural asocial is to what response justice acriminal avoiding thus by behaviour children, or unruly social exploitation, anti- and or criminal trafﬁcking tering or vagrancy), victimisation through loi- sex, scavenging, selling begging, as (such behaviours survival truancy), as (such offences becan accomplished by decriminalising status Some of this agencies. welfare tochild referred police butthe beimmediately should instead protectionand should not beapprehended by a guiding principle,As children in need of care DETENTION ALTERNATIVES TO INSTITUTIONAL XI 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 209 CASE STUDY: DIVERSION PILOT PROJECTS IN KENYA

In 1997 and 1998, the Kenyan Department of Children’s Services estimated that 80% of children in the juvenile justice system were cases of children requiring care and protection. Only 20% of children had committed actual offences, and few of these were serious. In 2001, the Department of Children’s Services and Save the Children UK started a pilot project to divert children away from the courts in Nairobi, Nakuru and Kisumu. The aim of the programme is to divert children, especially those in need of care and protection, away from the justice system at the earliest possible point. A focus is to ensure that police officers are trained to refer children to other agencies rather than placing them in detention. As part of the project, specialised Child Protection Units were set up in major police stations in the three pilot project areas, and police officers and other stakeholders received training in child rights and the diversion process. At 210 the community level, member groups offer skills training, counselling for parents and children, non-formal education, community centres and temporary shelters. In its first four years, 2,800 children were diverted from the courts, and district officials reported a 90% drop in the number of children referred to Children’s Courts in the project areas. Decisions by police and district teams on how to assist children are made much more quickly, with some children being resettled straight from the police station. Many now stay in police custody for less than 24 hours, reducing congestion in police stations. Around 70% of children diverted from the courts have been reintegrated with their families. The number of children in the Nairobi Children’s Remand Home has been reduced by half. In general, children are spending only days in remand homes rather than weeks or months.182

Community-based diversion minor offences before the children respon- programmes sible enter the formal justice system, the use of Local Councils as ‘courts of ﬁrst instance’ A wide variety of alternatives to detention exist,

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE for children; and restorative justice initiatives. both in industrialised and developing countries. Many provide effective rehabilitation and When successful, such programmes reduce community reintegration for young offenders the risk of exposing the child to a brutalising without unnecessarily depriving them of their environment in which anger and resentment liberty.178 These include the establishment grows, violent behaviour is regarded as a norm, of community-based mechanisms to handle and recidivism almost guaranteed. operational in 10 in operational now is NGO, Filipino a FREELAVA, by run project, This parties. the between mediation using for offences, minor arrested children tees have been formed of to handle the cases island group, local Children’s Justice Commit- country’s the Visayas In high. is custody in ence experi- of level violence the they and offenders, first-time are custody in of detained children 94% as many as Philippines, the in example, For offences. for petty children detain tinely where rou- police countries in have taken been In recent years, a number of NGO initiatives tion to be paid by the child’s decide on compensa- the elder who will parents. an see to gotogether will victims the and of child the parents the offence, an committed has achild If or disputes. for compensation crimes and flicts resolution oversee elders the of con- traditional example, in Somalia, under law, customary to detention. For without law resorting the with conflict in come who children for models In some countries, traditional practices offer removed from custody and help reinte- and them removed custody from children in conflict with the law, assist children whocounsellors, were previously themselves volunteers peer and Community 100,000. and apopulation 10,000 with of between wards) pal women than for those against men. for against those women than compensation is always for and themselves, unable togenerally speak less for crimes against for women justice, example, traditional are in termscases of gender relations. In Somalian some in and available of punishments terms in instruments, CRC rights the other human and contravene may that practices of beware should models such orever, adapt toextend attempts barangays barangays (villages or munici- or (villages 180 179 How- ensure effective care and oversight. and care effective ensure should of staffing adequate Levels wages. receive and qualified, befully supervision, sary checks, receive appropriate and training neces- record selected, undergo criminal carefully –should be fostercarers –including systems justice who and work care both in tions, staff institu- in children against petrated by staff per- violence of levels documented the Given remuneration selection, trainingStaff and place. must bein grammes pro- and of regulations policies, arange and of violence. To framework legal do so, aclear should be explored to fit local conditions.should beexplored to fit local and other options Many available are selling. coun- community and family sentence, and a as service community mediation, offender in-home systems, supervision, victim/ warning or of cautioning creation include the can and of child, the maturity and priate age to the efforts.emerged diversion from community-based SuchA number of ‘good lessons have practice’ programmes should be appro- facilities should be protected from from protected be should facilities or detention systems care in placed who are It is of utmostWITHIN INSTITUTIONS importancePROTECTION VIOLENCE FROM that them upon their release fromprison. release uponthem their help can service reintegration the Committees, by violence the –do notextreme handled get –murder, trafficking, drug rape, cases serious more community. Even the in though grate all 5 181 children all forms

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 211 “We feel our juvenile justice systems have the responsibility to rehabilitate youth and integrate them back into society rather than subject them to more violence.” Children, North America, 2005 XI

Staff must be trained in child rights and non- ensure their transfer to more appropriate care. violent disciplinary measures. Care should be Police stations and lock-ups should be subject taken not to train staff in such a way as to to regular, independent monitoring. create a gulf between them and children and young people. The overwhelming need of chil- Conditions in all institutions should con- dren is for nurture, and few react well to being form to international standards, including the treated like ‘clients’ and ‘caseloads’. provision of health and mental health care, adequate nutrition, and sanitation. Children’s Efforts should be made to improve the status of dignity and need for personal space should be individuals working with children in care and respected. Children should be separated from justice systems, to ensure high-calibre employ- adults, and younger, more vulnerable children ees. Health-care and educational staff should should be separated from those that are older be institutionally independent from the agency or known to be violent. Facilities should not be that runs the institution. All staff should be overcrowded, and children should have oppor- 212 required to report all instances of violence. tunities for recreation and mobility. Children should not lose their right to education, voca- Conforming to international standards tional training, and other programmes to Where children are held in custody, inter- facilitate their full development. national standards of due process should Monitoring and investigation be strictly followed (see the Introductory section of this chapter on the relevant UN stan- All facilities should be independently inspected dards). These include the right to be informed and monitored by qualiﬁed bodies with full promptly of charges against the young detainee, access to the facilities and freedom to inter- the right to legal assistance, and a swift deter- view children and staff in private. These bodies mination of the child’s case. should have the power and capacity to monitor conditions and investigate any allegations Notiﬁcation of a child’s parents or legal guard- of violence in a timely manner. Such bodies ians, including NGOs accredited to work with could include ombudspersons, independent children, should be mandatory whenever a commissions, citizens or police review boards. child is arrested or taken into custody. From the earliest stage of apprehension, children should Complaints mechanisms receive free medical and legal assistance from

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE independent professionals. A parent, guardian Children in both care and justice systems should or ‘appropriate adult’ should be present during have simple, accessible and safe opportunities to any interview or interrogation of children. complain about the way they are treated with- Guidelines for transfers should be adopted out risk of reprisal. Children should also have and strictly observed to limit the length of opportunities to express themselves freely and time that children are in police custody, and verbalise their concerns, particularly for those which institutions (public man- or institutions are private) which way in the against and institutions, in children responsible who for are violence against viduals indi- of against appropriatetinuum sanctions acon- ensure should therefore States children, impunity for perpetrators of violence against it. To away get with no can is there they ensure eliminated long as perpetrators as believe that Violence against children will never be fully to need beconsidered. may redress of forms collective policy, Government particularly when this has been the result of population, of the rest the than rates at higher been have institutionalisedthat systematically other minorities and of ethnic case the In cess. proof healing the part important an ships as relation- human in confidence their restoring therapy. attention should to begiven Special or or group psycho- work child, ual the with individ- psycho-social and include educational Appropriate can interventions care. health mental and appropriateshould receive medical previous to or subsequentwho toviolence subjected have (either been to their placement) compensation. Children support and ate care, appropri- must receive affected children the perpetrators must beheld accountable and whether place, takes children violence against When in care ANDREDRESS RESPONSE or detention complaint. to their response the with not are satisfied they if process appeals have an nisms. Children and their families should also institutions,reluctant to access formal complaints mecha- MECHANISMS continuum should include: This place. where violence such aged takes appropriate manner. amonitored in and and care great done with tionalisation is introduced, needs to this be box). institutions (see de-institu- Where large down shut to made be should efforts concerted implemented, and developed are alternatives As DE-INSTITUTIONALISING CHILDREN which such acts of violence take place. of violence acts take such which in institutions or against children, towards of violence perpetrators against taken actions plaints, and enforcement practices, including instances of violence, the response to com- on all publish data and should analyse States detention. and of forms care all in children all for available publicly made be should tistics sta- disaggregated and reported, centrally and placements should beregistered public. All reliable data, and if this data is open to the Finally, policy is improved if it is based on ALREADY IN CARE • • • • professional sanctions related to related sanctions professional as (such proceedings administrative for those including actions, civil prosecutioncriminal from working with children). barred being dismissal, personnel file, employment employee’s (e.g. anote an in closing facilities) or fines, imposing licenses, revoking institution) the in changes ordering as or (such injunctive relief damages 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 213 CASE STUDY: DE-INSTITUTIONALISATION IN SUDAN

In 2003, approximately 110 infants were abandoned on the streets of Khartoum every month, with 50% dying within hours. Those who survived were admitted to May- goma, Khartoum’s only institution for infants, where mortality rates reached 75%. Between 1998 and 2003, of 2,500 infants admitted, only 400 survived. Those that lived suffered severe developmental delays and some suffered from chronic illnesses due to poor nutrition and to lack of stimulation and individual care. To address the problems at Maygoma, the Sudanese Government, UN organisations, community groups and key NGOs including Médecins Sans Frontières and Hope and Homes for Children formed a task force. This task force identified three main needs in the community: services to prevent the separation of children from their families, and services to reunite families; alternative family care for children who could not live 214 with their families; and specialist services for children with disabilities. Its goal was the eventual closure of Maygoma. The programme developed by the task force included communications strategies to address the stigma attached to children born outside marriage; the training and acti- vation of social workers; the development of alternative family care programmes (for both emergency and permanent placements), and prevention programmes to identify mothers at risk and to reunify infants with their birth mothers. The programme has been enormously successful. The mortality rate at Maygoma dropped to 33% by 2004, and to 10% by 2005. Admissions from the streets have decreased from 75% to 30%, and 51 infants have been reunited with their mothers. More than 500 infants have been placed in alternative family care in less than two years. All of these infants recovered their developmental delays. The programme is also cost-effective. The expense for each child in alternative family care is only one-tenth the cost for care in Maygoma. Maygoma is scheduled to close in 2006.184 VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE In order to ensure that children are not unnec- tive placements or a return to the child’s family essarily retained in residential or other care, is possible (CRC article 25). This assessment placements should be reviewed regularly to should be carried out with the full involvement assess whether the child’s continued institu- of the child and, where appropriate, with the tionalisation is necessary, or whether alterna- child’s family, together with a multi-disciplin- living or working on the streets, children from of certain groups of children, such as children dren’s rights how and counter negative in stereotypes t r chil- promote to pa campaigns public nt conduct to a t impor n should bemade therefore a Efforts charge. their play s ude it in –children –or mistreat treat t institutions at l a Societ PUBLIC EDUCATION: THE GETTING to beindependent,” one woman. said young “Don’tsystem. over-shelter us expect then and us the before for leaving them adulthood prepare would that other skills learn and sion-making independent to deci- practice ability ited their highly regimented settings in group homes lim- how explained also They services. available homes and workers locating help in from social life skills, transitional living programmes, and everyday in for need instruction the identified system the leaving homeless after who became example, children formerly Forindependent form of care. another or in in care in the whether regime, new to any adjusting USAdifficulty ‘home’, great as have and regard they what and friends maylose their They behalf. own their experience of have no may they independently; lives makingtheir the simplestcliff’ when they leave decision care and have to managechildren on feel as if they have withoutselves, follow-up support. and Many ‘been pushed off a tion should not simply be left to fend for them- of along or period deten- of care institutional who gooutChildren into world the end atthe others. facility, of and the representatives workers, social educators, group including ary MESSAGE OUT 183 give children up to institutional care. up to institutional children give to pressures to resist and themselves, children to demand encouraged be should families and Individuals more supportdiscrimination exacerbate the risk of violence. in exclusion and since caring by HIV/AIDS, affected fordren, children their with disabilities, and children and minorities, ethnic racial parentless chil- WHERE RESOURCES ARE SCARCE RESOURCES ARE WHERE communities and para-professionals is crucial. is para-professionals and communities to specific events, building the capacity of local reaction spontaneously, or in responsibilities While some leaders. or elders may other community of village be formed women’sassociations, groups, committees and or take on groups, such neighbourhoodinclude faith-based nity-based organisations and resources. These However, much can placements. fosterfamily in beto delays achievedchildren by becoming ‘stuck’ in institutions, commu- and cases, welfare of child review the in delays led to significant emigration workers through of loss the social that reported Society tection tion of Pro- 79,000. Child Zimbabwe, the In worker one only apopula- towas social serve region, there Caprivi the in that country, and 118only entire the workers in social registered were there that 2002 in reported Namibia in acute in many countries. Government officials workers of is For social lack the example, areas. rural in particularly non-existent, or level, many countries, that capacity workers. In social of qualified availability the is at a very and low systems care of capacity the on depend ter Many of the responses described in this chap- 5

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 215 In response to rising numbers of children’s cases RECOMMENDATIONS of petty crime being dealt with by the formal legal system, local councils in Uganda have All States have the obligation to protect all chil- received training to strengthen their roles for the dren from all forms of violence, wherever they protection of children in conflict with the law. are placed and irrespective of who is providing Specific capacity-building initiatives and support their care. To effectively prevent and address for the local council committees have included: violence against children in care and justice training on roles and jurisdiction in handling systems, a range of actions must be taken, and a child-related cases, training on diversion mea- variety of organisations and constituencies need sures, and capacity building on children’s rights, to be engaged. It is essential that action plans be growth and development, rehabilitation and formulated, costed and fully discussed in order reintegration. The local councils handle child- to bring societies ‘on board’ with their objec- related cases, but also refer some cases to police tives. In doing so, the voices of children and and probation social welfare offices. The local their families must be listened to and heeded. 216 councils also use alternative forms of punish- For all care and justice settings ment such as compensation, apology and restitu- tion, and have organised sensitisation campaigns 1. Prohibit all violence in care and justice designed to teach surrounding communities systems. Governments should ensure that about the value of non-custodial sanctions. This sectoral laws applying to care and justice project has helped to divert child-related cases systems reflect the State-wide legislative 185 from the formal justice system. prohibition on all forms of violence. Legal In Malawi, Community Crime Prevention prohibition should be backed by detailed Committees are combining traditional ways of guidance for all involved. handling children’s issues with current law. The 2. Ensure institutionalisation is a last committees aim to divert children in conflict resort, and prioritise alternatives. Gov- with the law from the court system, by counsel- ernments should ensure that placement in ling the family and the child, and supporting an institutional setting is avoided wherever the child’s reintegration. To support the work possible, and a full range of alternatives of the committees, UNICEF also supports should be available for both care and jus- sensitisation to increase the awareness of par- tice systems. ents, teachers and especially traditional leaders

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE about crime prevention and diversion possibili- 3. Ensure quality staffing and training. ties. UNICEF Malawi reports that most petty Governments should ensure that staff crimes are now addressed within the commu- recruitment, training and employment nity without police and judiciary involvement, policies, and rights-based codes of conduct and that both the number of court cases and ensure that all those who work with chil- levels of recidivism have decreased.186 dren in care and justice systems are both 5. 4. adequate supervision and oversight. and supervision adequate should ensure of staffing Levels adequate. are wages their that and recognised, is young people, professional status their that qualified and fit to work with children and tiality respected, and he or and she should not respected, tiality confiden- and identity her or his protected, Moreover, should child’s be privacy the out involvement process. their justice the in through- adult by atrusted accompanied interests, should children best their is in be it If integrity. moral and mental physical, their respect fully oflevel maturity, and and disability sex, age, of their terms in children of these needs into the account should take ecution processes judicial and enforcement, law pros- investigations, all Resolution (ECOSOC Crime 2005/20), of Witnesses and Victims forJustice Child processes. or other legal out cross-examination drawn In line with nor or to subjected process extended justice the Guidelines the during notviolence, are re-victimised on family who those have witnessed including ernments should ensure that child victims, needs of children and their families. their and of children needs parents. to their and concerned children to the equally applies be familiarised with children’s rights; this should systems justice and tion into care assimila- of their process the during dren whothose come into chil- contact with staff. and managers institution judges, yers, Ensure court systems are sensitive to sensitive the are systems court Ensure law- agencies, referral police, Sensitise Governments should ensure that all all that ensure should Governments Gov- 8. 7. 6. Effective sanctions against perpetra- against sanctions Effective guarding ‘whistleblowers’ from reprisals. safe- promptly, and thoroughly investigated of violence must be allegations All sary. and have access of reprisals, risk without the treated to are they the courts when way about the complain and concerns raise neces- to opportunities safe and simple, accessible ernments should ensure that children have tion enforcement and mechanisms. in the child’s best interests. child’s best the in should alsosel, should be be eliminated. Speedy trials ensured, perpetrator, coun- defence or their alleged unless delaystelevisions. Unnecessary contacts with the are or of closed-circuit screens use the as such of video-taping and other testimonial aids use should toConsideration begiven the process. justice the with ments, hearings and unnecessary contact state- interviews, tobe subjected excessive and sanctions against individuals who are who are individuals against sanctions and proceedings professional and administrative civil, a continuum of appropriate criminal, tors. to determine appropriate care options. appropriate care to determine should be involved in reviews when appropriate) parents their at (and dren all stages ued institutionalisation chil- is necessary; whether contin- assess and tion facilities, or deten- residential care, placement in for achild’s reasons the review regularly authorities that ensure should ernments Regularly reassess placements. reassess Regularly Ensure effective complaints, investiga- complaints, effective Ensure Governments should adopt apply and 5 Gov- Gov-

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 217 responsible for violence against children as obligations to reduce rates of abandonment well as against those who are responsible for and institutionalisation by ensuring par- institutions where such violence takes place. ents’ access to adequate support, including services and livelihood programmes. Prior- 9. Ensure effective monitoring and access. ity should be given to supporting families Governments shouild ensure that insti- of children with disabilities, and other chil- tutions are inspected regularly by appro- dren at high risk of abandonment or insti- priately empowered independent bodies tutionalisation. with the authority to enter without warning, interview children and staff in pri- 12. Ensure that alternatives to institution- vate and investigate any alleged violence; alisation cover all children in need of access to institutions by NGOs, lawyers, care. This includes all children in need of judges, ombudspersons, national human care, especially orphaned children, those rights institutions, parliamentarians, the with disabilities, and minority or margin- 218 media, and others as appropriate should alised groups. Government should ensure be assured, while respecting children’s pri- that family-based care options are favoured vacy rights. in all cases, and are the only option for babies and small children. 10. Registration and collection of data. Gov- ernments should ensure that all placements For justice systems and movements of children between placements, including detention, are registered 13. Reduce detention. Governments should and centrally reported. Data on children ensure that detention is only used for child in detention and residential care should be offenders who are assessed as posing a real systematically collected and published. At danger to others, and then only as a last a minimum, such data should be disaggre- resort, for the shortest necessary time, and gated by sex, age, disability and reasons for following judicial hearing, with greater placement. All incidents of violence should resources invested in alternative family- be recorded and centrally reported. Infor- and community-based rehabilitation and mation on violence against children should reintegration programmes. also be collected through conﬁdential exit 14. Legal reform. Governments should ensure interviews with all children leaving such that all forms of violent sentencing are pro-

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE institutions, in order to measure progress hibited for offences committed before the in ending violence against children. age of eighteen, including the death penalty, For care and social welfare systems and all indeterminate and disproportion- ate sentences, including life imprisonment 11. Support parents’ capacity to care for their without parole and corporal punishment. children. Governments should fulﬁl their Status offences (such as truancy), survival 15. behaviour should be decriminalised. be should behaviour or exploitation, unruly anti-social nal and sation connected or crimi- with trafﬁcking scavenging, loitering or vagrancy), victimi- sex, selling begging, behaviours (such as possible. as quickly as resolution the and of cases to family, access counsel, legal process, children’s ensuring standards, right to due international to adhere should systems Such aims. paramount their as tegration rein- social and have rehabilitation and 18to age comprehensive, are child-focused, up children for all systems juvenile justice systems. justice juvenile child-focused Establish Governments should ensure that that ensure should Governments 5

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Australia Soldiers. ofChild Use the Stop to Coalition forces. government children in military schools and to children in peacetime peacetime in children to and schools military in children to reference specific with Children, against Violence on Study Secretary-General’s UN the to Submission Soldiers. ofChild Use the Stop 2004. Report Global Soldiers Child http://www.violencestudy.org/r180. at: Available Children Displaced other and Refugee against Violence on Consultation Thematic (2006). Children against Opportunity Commission. Equal and Rights Human Detention.) Immigration in Children into Inquiry National ofthe recommendations and findings issues, important ofthe summary (A (2004). Australia Opportunity Commission. Equal and Rights Human Detention.) Immigration in Children into Inquiry National ofthe recommendations and findings issues, important ofthe summary (A Morocco. Morocco. Abuses of Unaccompanied Migrant by Children Spain and GDD_2005_CALL_FOR_INT_STANDARDS.pdf. http://www.crin.org/docs/resources/treaties/crc.40/ at: Available Service. Social International Geneva, and Standards International for a Call Improving Protection for Children Without Parental Care, 2005. 1 November Official. –Spanish Point’ ‘Breaking at Centres New York, Human Rights Watch. Rights York, Human New A last resort? Summary Guide Summary resort? A last Guide Summary Resort? A Last Summary Report of Report theSummary . 25 April 2006, Geneva. Geneva. 2006, . 25 April Nowhere to Turn: State State Turn: to Nowhere . New York, UNICEF, York, UNICEF, . New London, Coalition to Coalition London, 5 Child MigrantChild . .

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 227 162 Amnesty International (2001). Paraguay: No Child’s 171 Carter R (2005). Family Matters: A Study of Institutional Play – Under-age Recruitment in the Armed Forces Must Childcare in Central and Eastern Europe and the Former Stop. Press release, 5 April 2001. Available at: http:// Soviet Union. London, EveryChild, pp 34–35. web.amnesty.org/library/engindex. 172 Carter R (2005). Family Matters: A Study of Institutional 163 Rojas F (2001). El Servicio Militar Obligatorio en Childcare in Central and Eastern Europe and the Former Paraguay: Entre la Contestación Social y la Inercia de Soviet Union. London, EveryChild. las Instituciones del Estado Autoritario. Research and 173 Meeting on African Children Without Family Care Education in Defense and Security Studies Conference, (2002). Final Report. Windhoek, 30 November 2002. Centre for Hemispheric Defense Studies, Washington DC, 22–25 May (REDES 2001). Available at: http:// 174 Lakin KC et al. (1998). Decreases Continue in Out-of- www.ndu.edu/chds/REDES2001 (Programa, Bloque IV, Home Placements of Children and Youth with Mental Panel 2). Retardation. Mental Retardation, 36(2): 165–167. 164 Coalition to Stop the Use of Child Soldiers (2005). 175 Habibi G (1999). UNICEF and Children with Submission to the UN Secretary-General’s Study on Disabilities. One-in-Ten, 2(4). UNICEF Education Violence against Children, with specific reference to Update. children in military schools and to children in peacetime 176 Allouche Z (2005). Children Without Parental Care. 228 government forces. Coalition to Stop the Use of Child Submission to the Committee on the Rights of the Soldiers. Child General Day of Discussion on Children Without 165 Coalition to Stop the Use of Child Soldiers (2005). Parental Care. The Lebanese Association of SOS Submission to the UN Secretary-General’s Study on Children’s Villages. Violence against Children, with specific reference to 177 Committee on the Rights of the Child (2005). children in military schools and to children in peacetime Recommendations Following a ‘Discussion Day’ on government forces. Coalition to Stop the Use of Child Children Without Parental Care. Available at: http:// Soldiers. www.ohchr.org/english/bodies/crc/docs/ discussion/ 166 Presentation by Child Protection Society of Zimbabwe recommendations2005.pdf. (2002). Cited in: Meeting on African Children Without 178 OHCHR et al. (2005). Protecting the Rights of Children Family Care: Final Report. Windhoek, 30 November in Conflict with the Law. Programme and Advocacy 2002. Experiences from Member Organisations of the Inter- 167 Hillman AA, Rosenthal E (2003). Unanswered Cries: agency Coordination Panel on Juvenile Justice. Summary Institutionalisation and Violence against Children with Document. Inter-Agency Coordination Panel on Disabilities. One in Ten, 24: 12–14. Juvenile Justice /UNICEF. 168 International Save the Children Alliance (2003). A 179 UNICEF (2003). From Perception to Reality: A Study on Last Resort: The Growing Concern About Children in Child Protection in Somalia. UNICEF Somalia, Ch. 10. Residential Care. London, Save the Children UK. 180 UNICEF (2003). From Perception to Reality: A Study on 169 Desmond C (2002). The Economic Evaluation of Models Child Protection in Somalia. UNICEF Somalia, Ch. 10.

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS JUSTICE AND CARE IN CHILDREN AGAINST VIOLENCE of Care for Orphaned and Vulnerable Children. Paper 181 OHCHR et al. (2005). Protecting the Rights of Children prepared for Family Health International, August 2002 in Conflict with the Law. Programme and Advocacy draft. Experiences from Member Organisations of the Inter- 170 World Bank (1997). Confronting AIDS: Public Priorities agency Coordination Panel on Juvenile Justice. Summary in a Global Epidemic. Washington DC, World Bank. Document. Inter-Agency Coordination Panel on Juvenile Justice /UNICEF. VMartin F, Parry-Williams J (2005). IV 184 Mulheir G (2005). G(2005). Mulheir 184 I Save the Children (2003). (2003). Children the Save I QUOTES J(2005). F, Parry-Williams Martin 182 III United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United III (2003). Group Rights Youth Human II 186 OHCHR et al. (2005). (2005). al. et OHCHR 186 (2005). al. et OHCHR 185 183 Human Rights Watch (2006). Watch (2006). Rights Human 183 V United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United V Human Rights Watch. Rights Human Homeless in California Now Children, Foster Former in Care: Foster Children Hope a Year: Palestinian Children Tell Their Own Stories Own Tell Their Children Palestinian a Year: America (2005). Children against Hope America (2005). Children against p13. Group, Rights Children in the Kyrgyz Republic Abandoned for Schools Boarding and Orphanages in Rights Sweden. Children the Save Stockholm, Children and Families Preventing Violence Through Transforming Services to Juvenile Justice /UNICEF. Justice Juvenile on Panel Coordination Inter-Agency Document. Justice Juvenile on Panel Coordination agency Experiences Member from Organisations of the Inter- Law the with Conflict in /UNICEF. Justice Juvenile on Panel Coordination Inter-Agency Document. Justice Juvenile on Panel Coordination agency Experiences Member from Organisations of the Inter- Law the with Conflict in Children. against onViolence Study Secretary-General’s . London, Save the Children UK. Children the Save . London, . London, Save the Children UK, p37. UK, Children the Save . London, , p 41. Available at: www.violencestudy.org/r27. at: , p41. Available www.violencestudy.org/r27. at: Available , p42. De-institutionalisation in Sudan: . Submission to the Unitd Nations Nations Unitd the to . Submission . Advocacy Paper. New York, New Paper. . Advocacy . . Protecting the Rights of Children of Children the Rights Protecting of Children the Rights Protecting Programme and Advocacy and Advocacy Programme and Advocacy Programme Regional Desk Review: North Regional Desk Review: North One Day in Prison-Feels like like Prison-Feels in Day One . Bishkek, Youth Human Youth Human . Bishkek, Failure to Protect Protect to Failure The Right Not to Lose Lose to Not Right The The Right Not to Lose Lose to Not Right The Monitoring Human . Summary . Summary . Summary . VII Save the Children (2003). (2003). Children the Save VII XII United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United XII onViolence Study Secretary-General’s Nations United XI onViolence Study Secretary-General’s Nations United X VIII Human Rights Watch (1998). Watch (1998). Rights Human VIII VI United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United VI IX L’Observatoire des droits de l enfant de la région océan de océan région la enfant L’Observatoire de droits l des IX violencestudy.org/r27. NorthReport: America (2005). Children against www.violencestudy.org/r27. Europe and Central Asia Report: (2005). Children against www.violencestudy.org/r27. and Africa Southern (2005). Children against p52. indien, de océan région la enfant de droits l des l’Observatoire Mauritius, indien. océan région la de l’enfant de droits de l’océan indien. (2006). indien States. United the in Offenders Child for Parole Without Life Sweden. Children the Save Stockholm, Stories Own Tell Their Children Palestinian a Year: America (2005). Children against New York, Human Rights Watch, p64. Rights York, Human New , p 43. Available at: www.violencestudy.org/r27. at: Available , p43. La violence contre les enfants dans la région région la dans enfants les contre violence La Annual Report of the Observatoire des des Observatoire ofthe Report Annual , p 27. Available at: at: , p27. Available , p 67. Available at: www. , p67. at: Available Regional Consultation Outcome Outcome Consultation Regional Outcome Consultation Regional Regional Desk Review: Eastern Regional Desk Review: North One Day in Prison-Feels like like Prison-Feels in Day One h eto hi ie : Lives their of Rest The , p 25. Available at: at: , p25. Available 5 .

VIOLENCE AGAINST CHILDREN IN CARE AND JUSTICE INSTITUTIONS 229 UNICEF/HQ06-0343. Pirozzi Giacomo

PAKISTAN, 2006, (Left-right) Raz Mohammed, 10, Farooq, 8, and Musa, 12, sit on a pile of garbage in Quetta, capital of the southern province of Balochistan. They live on the streets and scavenge for food and items to sell. Responses to violence against children in places of work places in children against violence to Responses violence to contributing Factors problem of the extent and Nature context and Background Human rights instruments Introduction h mrec fcidlbu saplc ocr 238 concern apolicy as labour emergenceThe of child h xsigkoldebs 242 244 work settings high-risk certain in Children base knowledge existing The h otmoaycmag gis hl aor239 labour child against campaign contemporary The asadteripeetto 255 implementation their and Laws niomna atr 252 Environmental factors hl aorsaitc 242 242 labour statistics Child Types of workplace violence aorlwefreet256 257 society civil for enforcement law within Backing enforcement law Labour oklc hrceitc 252 251 Workplace characteristics of workers perpetrators and Characteristics lii ciiis249 248 247 249 250 247 244 245 245 244 Children involved in trading drugs Illicit activities Traditional of forms slavery Indigenous groups Bonded servitude Forced and bonded labour industry exploited sex the in Children distress psychological and Isolation common is kinds Violence of all labourers domestic Child h motneo hl-ete esetv 241 240 perspective of achild-centred importance The economic globalisation and HIV/AIDS, Conﬂict, VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN 6 234 238 241 233 253 251

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 231 Universal education and life skills 259 The participation of children 261 Advocacy 262 Targeted interventions: Contact, rescue, and rehabilitation 263 Contact 264 Rescue operations 264 Rehabilitation 265 232 Improved data collection 266 Action research and monitoring 266 Building momentum for change 267 A long way to go 267 Recommendations 268 References 271 VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE labour, or to reduce its harmful and negative negative and labour, or to its harmful reduce absent from explicit efforts to eliminate child been largely violence Addressing also has elsewhere. equally applies –acomment that children against of workplace violence issue the undermine even and to minimise perceptions have served and commented ignored.are values also They that other workers, workers but and child female systematically collected on violence against South Asia consultation noted that data are Study’s the in for participants example, posed: rarely is question direct the because ‘invisible’ remained only has children working towards problem. acute global of an picture Violence from children themselves presents a convincing and organisations from body of information few, are agrowing studies specific Although economy to befound. are where majority the informal workers the in for child especially available, data little are there labour; child on of debates aspect aneglected Violence is abuse. or violence, sexual verbal psychological age, belowlegal both above and minimum ages the do work, adolescents at and children million may besubject to violence. Yet over well 200 aworkplace let alone in where they atall, place work- the in be not Table 6.1) see should lower; 15 (usually but sometimes age acertain under children laws, most national and instruments todifficult address. According to international to most violence, workplace the among the is exposed are where children settings the Of all INTRODUCTION 1 and many suffer ill-treatment, physical and and physical ill-treatment, suffer many and tories and mines. and tories ties suffered by children in 19th century fac- brutali- the from derives labour of child image the that given surprising, is This legally. ing people for young those work- who are aspects ative working life. working ative remove children permanently from an exploit- to not are likely they prospects, and tations expec- attitudes, seekto and change families their workers and child with engage grammes pro- Unless tothem. simply return will they or addressed, simultaneously –are cultural and –economic, social there are they reasons violentoption. Programmes to remove children from workplacesnise that for many children this is not an easy from it.children have However, in against violence to response the obvious most The to workplace ensure it is is to remove importantpotent arguments for its elimination. that them most were the among well-being and growth the to recog- on children’s labour. effects physical The child against campaigns early informing children of workplace to view the of abuse integral was Study Consultations, to an understanding of acontribution, made through have themselves tisation they already endure. Young workers stigma- the violence deepening on and them, official workplace not is by achieved inflicting the in children against violence of reduction nity and in care and justice institutions). on violence against children in the commu- chapters the also control (see beyond their ing or criminalising them for circumstances well-being the violate not to important further It also is of children who work by penalis- 2 3,4,5,6 Overt or violence implied Overt 6 7 The

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 233 “Raids are conducted on our work places as part of the government programme to eliminate child labour, and working children are rounded up like stray dogs. We are pulled out of work, taken away against our wishes and illegally conﬁned. The actual raid experience is very traumatic for us.” Child, South Asia, 2005 I

the violence they suffer. They report losing their self-esteem through being denigrated in the workplace, and feel similarly denigrated when their work is treated as something evil to be abolished, ignoring their sincere attempts to contribute to family survival.8 Despite 150 years of experience in responding to exploitative and abusive child labour and the significant progress made in recent years in finding ways to remove children from the worst forms of child labour, experience in responding specifically to violence in working children’s lives is limited. This chapter looks 234 at existing information and programmes in an attempt to open a new window on the working child phenomenon.

HUMAN RIGHTS INSTRUMENTS

Standards to regulate child labour were the very earliest international instruments put in place concerning child protection. A Minimum Age (Industry) Convention was first adopted in 1919 by the newly formed International Labour Organization (ILO), at a time when the employment of children was regarded as a major social issue in Europe and North America.9 The involvement of children in abusive, forced or violent types of workplace was also recognised and addressed by the Forced Labour Conventions No. 29 (1930), and No. 105 (1957); and in the 1956 Supplementary Convention on Slav- ery, which prohibits any practice whereby a child is given or sold by his/her parents to VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE someone else for the purposes of labour or exploitation (article 1.d). During the immediate post-colonisation era, the child well-being issues which mainly preoccupied international organisations and newly-independent Governments were public health and education. In 1973, the ILO adopted the Minimum Age Convention No. 138 (1973), which put under-age labour back onto the international agenda. This addressed the issue from the perspective of minimum age of employment of children and young people in different types of work with some flexibility according to countries’ different stages of development. protection; child was driver main the development and –agenda, –or public health survival child the Convention the took later in Although (CRC). of Child the Convention on Rights the of 1989 the articulation gave to the UN they impetus the and by issues, NGOs on these due emphasis to the was fore. to exploitation, from the This came suffering children ing includ- circumstances’, 1980s, difficult the protectionDuring the of especially ‘children in Organization. Labour International Labour, Child of the on Elimination Programme International Geneva, 2000–2004. Trends Labour Child Global (2004). ILO/IPEC Source: TABLE 6.1 admission to employment” and other key aspects of a regulatory regime. Other articles Other regime. of aregulatory to employment”admission aspects other key and for ages to on “provide or to goes oblige minimum States age forarticle aminimum development.” or social moral harmful spiritual, ormental, physical, be child’shealth to The the to or education, child’s the with interfere to or hazardous be to likely is that work any performing from and exploitation economic from protected be to child the of “the right recognises This 32). CRC the to devoted work in is (article article A specific Child of the Rights on the Convention the work and Exploitative exploitative from kinds. work toneed protect of children all AEOYO OKIN GENERAL CATEGORY OF WORK General minimum wage minimum General Hazardous work Hazardous ih ok1 er 12 years 13 years work Light 10 thus the vision of child rights established in the CRC fully embraced the the embraced CRC the in fully established rights of vision the child thus – Minimum ages according to ILO Convention No. 138 Convention ILO to according ages – Minimum schooling, and in any case case any in and schooling, completion of compulsory compulsory of completion certain strict conditions) 18 (16 under years years Not less than the age of age the Not than less not less than 15not than less years WHERE THE ECONOMY Not less than 14 for an Not than years less certain strict conditions) AND EDUCATIONAL 18 (16 under years years INSUFFICIENTLY FACILITIES ARE DEVELOPED initial period initial 6 >>>

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 235 “Preventive action against violence in the workplace affecting children is essential. Start with keeping or getting under-age children out of these situations and allowing them to be or remain in school. And there has to be zero tolerance of violence against children wherever they work.” Frans Roselaers, Editorial Board of the UN Secretary-General’s Study on Violence against Children

HUMAN RIGHTS INSTRUMENTS

that relate to the exploitation of child labour include article 34 (protection from sexual exploitation); article 35 (protection from trafficking); and article 36 (protection against all other forms of exploitation). However, the notion of child protection in the CRC goes well beyond non-exploitation. Within its holistic framework for the upbringing, well-being and development of the child, the CRC covers a number of rights potentially at risk in cases where children work. These include article 2 (protection against discrimination); article 3 (primary consideration given to ‘the best interests of the child’); and article 8, the right to identity (working children may be denied the use of their own name). There are also rights to access to health (article 24), education (article 28), and recreation (article 29), which the working child frequently does not enjoy. 236 Certain CRC articles apply to specifics of the working situation, especially when a child is working away from home and is under the control of some adult other than the parents. These include article 19 (protection from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment); article 27 (the right to an adequate standard of living); and article 37 (protection from torture, cruel and degrading treatment and arbitrary deprivation of liberty). Finally, the rights relating to civic participation apply to working children as to others: article 12 (the right to be consulted); article 13 (the right to seek and impart information and views); and article 15 (the right to freedom of association). Post-CRC developments In 1992, growing concern with the plight of working children led the ILO to launch the International Programme on the Elimination of Child Labour (IPEC). The elimi- VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE nation of child labour began to be recognised also as a core labour standard, including at the World Summit for Social Development in Copenhagen (1995), and the WTO Ministerial Conference in Singapore (1996). International meetings on child sexual exploitation and child labour took place in Stockholm (1996), Amsterdam (1997), Oslo (1997), and Yokohama (2001). In 1999, the ILO adopted Convention No. 182, the Worst Forms of Child Labour Convention, targeting the most hazardous and exploitative situations in which children are found. ence. Child labour proscribed under international law falls into three categories: into three falls law proscribed international under labour Child ence. beapositive experi- development and can or schooling health prejudicechild’s their sensus view that work which within falls the legal limits and does not interfere with the con- the express standards These standards. international under unacceptable are that Taken together, Conventions of work Nos 138 182 of types and the boundaries the set outlawed. universally as identified forms’ are However, context. own for their countries some ‘unconditionalby worst participating internationally, but A‘worst defined perform. work form’ they not is occupationally and directed attention priorities, concept The unprecedented of level. global ‘worst forms’ helped establish to the an reached labour child to tackle impacts profile of activity international the its passage, of work onwork for action children by more of focusing age on employment. widely minimum than With as well frame- legal international the Convention of new the to purpose strengthen The was as on the type of Additional international concern with child sexual exploitation led to two further exploitation led to two sexual child with concern international Additional and NGOs on priorities for ending child labour, beginning with the worst forms. adoptionThe of Convention bodies No. international 182 among aconsensus created • • • Work that is performed by a child who is under the minimum age specified specified age minimum Work the who under is by achild performed is that Work that jeopardises the physical, mental or moral well-being of a child, of a child, well-being or mental moral physical, Work the jeopardises that defined internationally labour,Unconditional are of worst which forms child number of hours. of number hinder education may be allowed from 13 years onwards, but only for a limited not does which and for child the However, not is work harmful light that 15 atleast normally years. and schooling, for compulsory completing age the should not age belower development. working than minimum The full and education child’s the to impede likely thus of is work, which kind and for that work “which exposes children to physical, psychological or sexual abuse.” or sexual psychological to physical, work children “which exposes as work defined is hazardous 18 under prohibited years; children and for all level work’, national atthe should bedefined which ‘hazardous as out, known it of carried conditions which is the in or because of its nature either because pornography, activities. illicit and prostitution and conflict, armed in for use of recruitment forced children of other forms labour, forced and debt bondage slavery,as trafficking, 11 6 >>>

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 237 ‘We all come from the same village in the south. We came to the city to work and have not seen our families since we left. We pay rent and live together as a group to defend ourselves from thieves.’ Shoeshine boys, Eastern and Southern Africa, 2003 II

HUMAN RIGHTS INSTRUMENTS

international legal developments: the Palermo Protocol on the trafﬁcking of persons, especially women and children (2000); and an optional protocol to the CRC on the sale of children, child prostitution and child pornography (2000). These protocols are directly relevant to the likelihood of violence against children in situations of economic activity where there is international unanimity that children should not be employed.

BACKGROUND AND than going to school;12 this attitude is particu- CONTEXT larly likely where the quality and relevance of 238 the available schooling is low. In settings with Children have always worked. Many forms a strong social hierarchy, it may be normal for of child work are a natural part of growing children from a disadvantaged background to up; traditionally, the child assumed domes- be assigned to work for better-off families at an tic working responsibilities – carrying water, early age. Children in such societies are at the minding siblings, herding goats, helping par- very bottom of the pecking order. They are seen ents at the loom or spindle – at the earliest as the property of the family or employer, and practicable age. These activities fused with do what they are told. 13 ‘work’ in its economic sense as the child grew older. Many children in the world today still THE EMERGENCE OF CHILD work in family-based activities as part of the LABOUR AS A POLICY CONCERN informal economy. Some of this work contains risk of violence. It may involve children The issue of child labour has had a particular taking animals to pasture far from home and genesis as a public policy concern. Until the VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE being exposed to marauders; it may be associ- industrial revolution of the 19th century, work ated with seasonal migration for agricultural was seen as being the lot of poor children from work, when children accompany their fami- an early age. As in much of the developing lies and work in settings where conditions are world today, children made a working contri- extremely tough. It may involve them leaving bution to the family economy. Child labour home for a precarious and unsafe life in town. became a public issue when large numbers of children left the relatively protected environ- In some places and among certain classes, castes ment of the family or family workshop, and or ethnic groups, parents place greater value on became exposed to hazardous conditions in children being employed in economic activities factories and mines. assertion that children had the right right the had children that assertion that right. For the ﬁrst time came the public State the should that and protectchildhood, to aright had children notion the lated that it wrong vio- because to as beviewed began islation, compulsory education, labour inspec- portfolio: public inquiries, minimum age leg- contemporary the in remain which tions anumber put ofreformers place interven- in phenomenonrious of ‘child labour’, social In responding to what had become the noto- hood. child- regarding ideology changing the was 19th and 20th centuries, an important factor of the process industrialisation the in labour ofproposed for decline child the by historians Though competing interpretations have been underground volcanic mine near the southern city of Arequipa. of city southern the near mine volcanic underground an of out stones, pumice carry agirl and Aboy 1996, PERU, industrialised – workplace. – industrialised and ‘new’ the in abuse –organised and tation work, and 14 In 19th-century Europe, child labour child Europe, 19th-century In not to be exposed to dangers, exploi- to to dangers, beexposed 15 not

UNICEF/HQ96-0959. Alejandro Balaguer to at an early age. early at an responsibilities and needs family shoulder help continuing expectations that children should with settings, westernised in than differently in many childhood that fact the industrialisation, and developing of process different into arather account take to had has campaign modern The children. societies for working education providing and torates, is constructed some cultural drivers, the predominant the reason drivers, some cultural shows factors sending of analysis Although mining and quarrying. represented in heavily labour, are boys while domestic predominate in girls for example, ferent typesplays a signiﬁcant role of in determining the dif- work done Gender sectors. workers all across most child by boys and economy harbours informal the and setting, girls; afamily workers within operate child Many 6.1). Figure (see industry in 9% and sector, services followed in tural by 22% of agricul- children’sity the in is work (69%) Global estimates indicate that the vast major- to occur. be more likely or less to beassumed whereworkplaces violence can and of occupations to bedrawn a picture neglected. The information generated enables been has issue aspeciﬁc violence as – although ofunderstanding and remedies its dynamics to enhance NGO attempts and academic international, by accompanied been has labour child against drive contemporary The AGAINST CHILD LABOUR THE CONTEMPORARY CAMPAIGN 16 17 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 239 “Bihari ustads (masters) punish too much. My second ustad once hung me by the hands and beat me so hard, the stick broke. After that he continued beating me with the shuttle. I left him and worked under a third ustad. This one insulted me and did not pay me regularly.” Boy in sari industry, 15, South Asia, 2001 III

why children work is ‘poverty’; this poverty may have been exacerbated by family tragedy FIGURE 6.1 such as the loss of parents, or other economic shock. Children below minimum working age Distribution of working children often state that they are working because of by sector in 2004 their own or their families’ poverty, and chil- Services (22%) Agriculture (69%) dren do more work in poorer societies.18 Send- ing their children to work instead of to school can be seen as part of a ‘Faustian bargain’ that poor parents make for immediate economic Industry (9%) gain.19 Their children’s prospects in life, which depend on having an education, matter less Source: ILO (2006). The end of child labour: than immediate family survival. within reach. Global Report. Geneva, International Labour Organization. 240 If a child goes out to earn because of acute family need, anxieties about personal safety will be overridden. By definition, the environ- Republic of the Congo, Liberia, Rwanda, and ments in which under-age children are sent Sierra Leone, the increased presence of chil- to work are unsupportive of child rights; thus dren on the streets and open spaces trying to protection from physical, psychological or secure the wherewithal to eat is the outcome of sexual violence (and other forms of harm) is economic devastation (see the chapter on vio- often ignored. Since the main thrust of child lence against children in the community).20 labour campaigns and programmes has been to remove children from such workplaces for child Another source of household economic ruin developmental reasons, addressing the violence is the HIV/AIDS epidemic; in Eastern and in them specifically has not up to now been a Southern Africa, the loss of parents to AIDS has key preoccupation, except in the case of sexual pushed many children into the informal econ- exploitation and other forms of work where the omy in order to survive.In Ethiopia, the United Republic of Tanzania and Zambia, ILO/IPEC VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE occupation is itself abusive. However, this may not always be the main source of workplace found a strong co-relation between the epi- violence. demic and the entry of orphaned children into occupations associated with violence such as Conflict, HIV/AIDS, and economic domestic work, quarrying and prostitution.21 In globalisation Zambia, 47% of children (average age 15 years) selling sex for money had lost both father and Many challenges have emerged in recent years mother, and 24% had lost one parent.22 to compound the problem of child labour and workplace risk. In sub-Saharan Africa, in Though globalisation’s specific effects on child post-conflict countries such as the Democratic labour are little researched, there are strong able statistics are few. are able statistics reli- although rising, are numbers that report involved with children working on the streets children and their families are seen as passive passive as seen are families their and children to attain their objectives than those where more likely are lives their in have made they choices acknowledge and children of working views the respect which programmes that in purpose apractical butto participation, has right their not meets only This sought. cally labour have been more actively and systemati- input to projects for the elimination of child an as of children understood. views The better implications its and recognised more widely now is phenomenonthe children of working on perspective child-centred of arights-based adoptionSince the of CRC, importance the the perspective ofachild-centred importance The to find. difficult on violence are specifically However, Europe. and Asia South and data notably East of anumber regions, in repeated often brutalises its victims. This picture is fuelling a industry growing that trafficking and exploitation of survival, ameans as sexual forcing many children into street work and are economies, market to transition their in of Independent (CIS) Commonwealth States Economic crises, such those facing as the activities. ble low-earning and vulnera- precarious, workers, in female young people, working especially unskilled ofence all pres- growing the of world seen regions the has increasing informalisation of labour in most The negative. mainly and widespread are these that reports fromanecdotal indications “They take their childhood away from them when they make them work from an early age, struggling struggling age, early an from work them make they when them from away childhood their take “They in the streets, they never have time for their own lives. When they should be at school, they must go to to go must they school, at be should they When lives. own their for time have never they streets, the in work, they can’t play and are traumatized by the insults and the aggressions they suffer everywhere.” suffer they aggressions the and insults the by traumatized are and can’t play they work, 24 23 Organisations Organisations Adolescent boys, Latin America, 2005 THE PROBLEM PROBLEM THE recipients of interventions. psychological and sexual violence, including including violence, sexual and psychological to verbal, embrace extended been perspective cal physical violence. Only recently has the analyti- on to focus atendency been has There increase. wherephenomenoners, the to beon the appears adult work- among and countries industrialised in workplace from studies derived is organised Much of what is known about violence in the NATURE OF ANDEXTENT children in the workplace. of abuse psychological and sexual physical, gers health pay,little forced labour, work and endan- that or morals.education, They inhibits that work children, of exploitation strongly work thatin international conventions. involves oppose They oppose the with those of long adults, and with those expressed hours work tend to coincide on harmful children ing for of work- views The education. gain and place work- to leave the efforts support their which in which working children participate, and groups develop helped have labour child end to violent and ative programmes work. Other exploit- leaving including agendas, own their to fulfil activity advocacy and programming undertake which America, Latin and Asia of working children’s organisations in Africa, hence existence the capacities; and will own of their sense have apowerful often children ing work- experience, life of their aconsequence As workers face. young many lousness cal- and provided awindow onto brutality the ity with children’s working environments has 26 25 IV Greater familiar- 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 241 sexual harassment, bullying or mobbing (gang- and comments that most of it occurs in the ing-up on and intimidating another worker).27 informal workplace where regulation is non- existent and solid data is lacking.30 THE EXISTING KNOWLEDGE BASE Types of workplace violence Prevalence statistics on violence according to worker age group are lacking. In the regulated The most common forms of violence against workplace where young workers are legally children in the workplace are: employed, safety codes and standards apply. • Physical violence, including beatings, However, these may not adequately protect kicking, slapping, whipping, scalding young workers. They may be reluctant to and in extreme cases, even murder; report violence against them. Where employ- • Psychological (emotional) violence ment is under-age and illegal, incidents are including shouting, scolding, insults, even less likely to be reported. threats, obscene language, bullying, 242 Child labour surveys may not be conducted in mobbing, isolation, marginalisation, such a way as to elicit the reality of the violence repeated discriminatory treatment; under-aged workers experience.28 In Cambo- • Sexual violence, including sexual dia, in a 2002 survey of working children, only harassment, fondling and rape. 0.5% of the children indicated that they were The most frequent harm to working children’s exposed to mental and physical abuse. This well-being from the violence they experience contrasted with statements made at a 1997 appears to be low self-esteem resulting from workshop where the children reported wide- verbal abuse, humiliation and bullying.31 Chil- spread employer violence, including severe dren frequently complain of the lack of respect 29 beatings, sexual abuse and electric shocks. in the way they are treated; in one study in This example illustrates how hard accurate Bangladesh, 84% of working children com- information is to obtain. plained of insults and other hurtful words.32 Where children are exploited in the informal The violence working children experience is VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE sector, the knowledge base is more severely often systematic and part of a collective work- lacking while risks are greatly enhanced. place culture of physical brutality, shouting, NGOs and human rights organisations have bad language, and casual violence including undertaken qualitative surveys among rela- sexual taunts. tively small groups of child workers in ‘dan- Child labour statistics gerous’ or violence-prone occupations. But child workplaces are notoriously difficult to New global estimates published by the ILO in research. The Indian Government is rare in 2006 indicated that, in 2004, 218 million chil- having made an effort to identify workplace dren were involved in child labour. Of these, violence and abuse perpetrated on children, more than 60% (126 million) were deemed to Source: ILO (2006). The end of child labour: within reach. Global Report. Geneva, International Labour Organization. Labour International Geneva, Report. Global reach. within labour: child of end The (2006). ILO Source: Percentage 2004 in sex and work byage hazardous in and labour child in Children FIGURE 6.2 labour, notworst is of forms and permit- child the of majority the up makes work Hazardous work. hazardous in labour, especially show child in areduction trends overall The are more involved than girlslabour (see Figure 6.2). more labour hazardous both and in child generally specifically. haz- represented tend to beequally girls and boys in working were 11, 5and ages the At Between situations. ardous children older million 74 ages,years, boys work’. group 5–14 age the In ‘hazardous be in 10 20 30 40 50 60 70 0 51 -11-41-751 21 15-17 12-14 5-11 15-17 12-14 5-11 Males Females 49 Child labour Children in hazardous work Children inhazardous Child labour 45 55 33 38 62 illicit activities such as drug trafficking. drug as such activities illicit prostitution and pornography; and 600,000 in in 1.8 million forces; involved fighting are in in forced or bonded labour; 300,000 children 5.7are million of trafficking; victims lion are employed 1.2 forms. Ofthese, mil- these in to be estimated are children Some 8.4 million prostitution, or engagement in fighting forces. bondedsuch as labour, forced labour, child labour, worst of‘unconditional’ forms child Convention to ILO ing No. 182; nor are accord- 18 of under age for child ted any years 50 51 39 61 38 62 6 34

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 243 “If I broke something or did something badly they would beat me with a shoe or a belt. I couldn’t leave the house, they would lock the door when they left. When my mother came the last time to visit I told her I wouldn’t stay at that house any more. I said, ‘Either I go with you or I will run away or kill myself’.” Boy, 14, domestic labourer, North Africa, 2005 V

CHILDREN IN CERTAIN HIGH-RISK bouring countries to feed urban demand for WORK SETTINGS domestic help in countries all over the world.36 Increasingly, this has become a form of unreg- Among workers in informal employment, cer- ulated employment and exploitation, even of tain occupations in which violence is a par- servitude. This picture is confirmed by several ticular risk as a result of personal, workplace recent studies pointing to the extreme vulner- and/or environmental factors require special ability of child domestic labourers.37,38,39,40 examination. Children whose occupations are on the street or in other ‘open’ locations are The situation of child domestic labourers is not specifically examined here, because their usually considered by their parents to be safe major risk is less often occupational than the since the child may live in better accommo- result of being beyond the safety of a protected dation than at home, may eat better, and is space. (See the chapter on violence against are under the care of the employers and family children in the community). members. However, the closed nature of the household, the child’s isolation and the ‘invis- 244 Child domestic labourers ible’ nature of the employment puts a child at The taking-in of children from other house- considerable risk. Children in domestic labour holds to perform domestic chores has long are at the mercy of the employer and other been seen in many societies as a form of sur- household members. Child domestics describe rogacy, adoption or assisting a child from a the relationship as often starting well, but later less fortunate family. In West Africa, there is becoming intolerant and abusive.41 Where a tradition of children migrating from rural to social stigma towards lower-status groups is urban areas to work for others as part of their entrenched, a female employer may behave upbringing. In most of sub-Saharan Africa, with impunity, subjecting her ‘girl’ or ‘boy’ to exchanges of children between couples within impossible demands, extreme forms of physical the extended family used to be standard forms punishment and serious violence. At the same of mutual support. time, girls in domestic labour may be preyed on sexually by the men of the household.42,43 Today, such practices have become increas- VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE ingly commercialised. Millions of children Violence of all kinds is common live in the households of others at ever further distances from home, and undertake domes- Violent and abusive behaviour towards child tic work as ‘helpers’ or employees. Although domestics is much more common than a small proportion are boys, domestic work realised; this form of child labour first came to is normally consigned to females and is the the attention of child labour activists a decade largest employment category of girls under 16 ago, and in several countries has been desig- years in the world.35 Recruiters and traffickers nated a ‘worst form’ of child labour under ILO in many regions supply rural girls from disad- Convention No. 182.44 It includes extreme vantaged groups, depressed areas, and neigh- overwork (16-hour days are not uncommon); or visitors always present. was the threat reportedservice having been abused, and that of sexual domestic in of girls 66% found that Salvador advances from employers the employer. ejection ontoby to their lead street the also may pregnancy ment, rape; sometimes and harass- to subjected sexual often are girls The obscene language. and threats, insults, calling, name- shouting, includes violence chological of psy- The food. iron, denial water or and an with hair, scalding pulling whipping, beating, ers had sexually abused them. abused sexually had ers employ- their that reported workers domestic forced to remain out of doors. or denied for food,fined insulted, damages, domesticchild labourers reported beaten, being United the in Republic of 43% of Tanzania, treated as an inferior being; of having no friends friends no having of being; inferior an as treated domestic labourers of isthat consistently being for child experiences One most of painful the Isolation and psychological distress entirely. families their lose with touch children Such household. another to girl the transfer her, abusivetowards and girl she arbitrarily may the employer with the if annoyed and becomes of 8or 10, age work atthe start frequently dren sexual harassment.sexual punishment, discrimination, humiliation and of physical consisting maltreatment suffered had they that reported workers domestic child all Peru, almost and Philippines the lence. In vio- of levels high these revealed have labour Consultations with children in domestic sickness. or injuries treat look after to from lackof failure food,and arise also can “I sleep in one room by myself, at night, the male owner of the house knocks at my room, now I am in in Iam now room, my at knocks house the of owner male the night, at myself, by room one in sleep “I dire straits because I am afraid to report this, I am also afraid that will lose my job. This is because 45 Physical health consequences consequences health Physical 46 In Fiji, In out eight of 10 48 49 47 In a local study study alocal In In Nepal, chil- Research in El I have lost both parents, and I would not like to leave this job.” this leave to like not Iwould and parents, both lost I have ‘there for that’, meaning available for sex. ‘there available for that’, meaning a insult; an as used often is one and unwanted, against them. ‘ term the Haiti, In name. own of their use the denied or label derogatory a by to referred often the shame of ‘spoiled’ being shame the about howedge or to travel where to go, and were as young as 10 years old. 10 as young years were as ally abused and ended up on the streets; sexu- been had and domestics as were working some out of homes thrown been where they had dren exploited chil- for sexually support centres in arriving girls that found Tanzania of Republic home. United the from Areport returning from or shows, sex constitutes titution, in child and adolescent pornography The exploitation of children under 18 in pros- sex industry the in exploited Children the employer’s children. the not peers, or able being social to play with even other types of work. other types activity, with not to beconfused acriminal as trade sex of the speaking of form earning, this condemned have themselves age of working criminalised throughout the world. Children way, and rights aviolationsexual of is child to someone any achild providing in to use else sexual acts or acts with sexual overtones, or available. otherprostitution options likely, few are are as and household from the excluded street are the and pregnant or fall dismissed For who are girls low self-esteem. chronically and inferiority of feelings deep with leave children experiences restavèks’ restavèk Girl, 12, domestic labour, 2005 (‘stay withs’) has come to mean some- mean to come has withs’) (‘stay 52 girl may also be called ‘ Lack of resources, lack of knowl- 55 Making children perform Making 56 50 Child domestics are are domestics Child prima facie facie prima VI 54 53 prevent them them prevent la pou sa’ 6 violence 51 These , or

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 245 “In the seven years I was working, night after night, I thought it was me, that I was wrong. The police would always chase me and social workers called me a pervert. There was no one there to validate that I was victimized.” Child exploited in the sex industry, North America, 2005 VII

Although statistics relating to the number of from husbands of young married girls, who children used in prostitution are broad esti- will not be accepted back by their parents, or mates and all statistics concerning prostitution expulsion from the school or workplace.62,63,64,65 should be treated with caution, around one The ways children enter prostitution are there- million children are thought to enter prostitu- fore intrinsically abusive, and include aban- tion every year.57 A 13-country study by Save donment and extreme social stigma. Some the Children suggests that child sexual exploi- children are born into the trade in brothel com- tation is increasing, with evidence of grow- munities,66 or given to priests in ritual forms ing criminal activities related to trafficking of of sexual slavery, as in the case of devadasi in children for sexual purposes, exploitation by India67 and trokosi in Ghana.68 Disability can tourists and travellers, and pornography and also be a risk factor. Some brothel proprietors Internet-related crimes.58 In South and East in Thailand reportedly seek out girls who are Asia, around one-third of those used in pros- deaf, calculating that they will be less able to titution are thought to be under 18; this is, a protest or escape since they will not be able to 246 sector where youth are often in demand, and communicate easily with customers or employ- one in which girls appear to be entering at an ers.69 ever younger age, often via work in bars and massage parlours. The average age of girls from There is also widespread evidence from every Nepal entering the sex trade dropped from 14– region that many girls and boys sell sex on the 16 years in the 1980s to 12–14 in the 1990s.59 street simply as a survival strategy in exchange for food, shelter or drugs.70 In South Africa, As in the case of child domestic labour, some where 10,000–12,000 children have lost their girls enter prostitution because traffickers and caregivers to HIV/AIDS and are homeless and recruiting agents promise golden opportuni- face stigma, the police estimate that 28,000 ties. In West Africa, from Senegal to Nigeria, children are exploited in the sex industry; 25% thousands of children from destitute families of those used in prostitution in Cape Town are are reportedly sent to the Middle East each children.71 year, many ending up in prostitution.60 The Additional exposure to violence VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE trafficking itself may include violence. Accord- ing to an investigator into the trade from Alba- The violence intrinsic to sexual exploitation is nia to Greece, children described ill-treatment compounded by exposure to additional physi- such as being burned with cigarettes, slapped, cal or psychological violence, to which the 61 insulted, and obliged to sleep outside. youngest are most vulnerable. According to an 72 Risk factors ILO/IPEC study in Vietnam, 12% of children used in prostitution said that they had A range of predisposing factors for child sexual been subjected to torture, beaten up by cus- exploitation have been identified: violence in tomers, or by employers/pimps for disobedi- the home and family, including sexual abuse ence; also that they underwent repeated abor- their exploitation. their guilt makes it difficult for them to talk about of sense underlying An to blame. themselves of believing abuse, victims are they that aware not are and ashamed often are industry sex home. Youngreturn people exploited the in it impossible to makes for child active the of been sexually having stigma trayed, the por- falsely child the work the and awaiting Even practised been where deception has suffer. prostitution in children violence of the Social condemnation is another critical aspect after you.” nobody would ask “If you disappeared, tims: eliminated. The abductors taunted their vic- to be evil or boys representedgirls social the the if excluded –as abandoned and socially who were of children bodies the against revenge collective or punishment ‘moral’ of characteristics the had aggression The ated. assaulted, tortured,ally insulted and humili- victims to lonely places where they were sexu- ‘clients’be prospective took for then the sex, pretended to how perpetrators the described victims Surviving victims. the murdering sometimes and torturing exploited children, sexually of abducting apractice made duras Hon- in individuals unknown years, recent In tion indicated that they had been raped. Mongolia, exploited 33% of girls prostitu- in In afternoon. the acustomer in receiving and morning the in abortion an having even tions, be eradicated.” should they think who and abhor homosexuals they were “at risk of violence from individuals Jamaica, boys in prostitution reported that 75 “I left home because my brother made me go out at two or three in the morning to do things things do to morning the in three or two at out go me made brother my because home left “I 74 76,77 I didn’t like doing. He offered me to his friends, to our uncles, to strangers. strangers. to uncles, our to friends, his to me Heoffered doing. like I didn’t Homeless adolescent girl, East Asia and the Pacific, 2005 Pacific, the and Asia East girl, adolescent Homeless 73 Then, the day my father tried to abuse me, I left.” Ileft.” me, abuse to tried father my day the Then, In world-wide according to ILO. to according world-wide vative estimate amount to 5.7 million children labour, by aconser- ofworst which forms child represent labour bonded two-thirds of children and in the unconditional forced in Children Forced and bonded labour are excruciatingly poor. In this situation the the situation poor. this In excruciatingly are employment, of families any terms their and inferior common, is practice workers from socially are groups where for the a‘loan’.prietor return in areas In pro- or employer an to bound is worker child or castes, down generations.passed through Normally, a may have been which debts, to paytude off have conditions works in A bonded of servi- child no say overBonded servitude cities. forced to distant prostitutegirls in themselves elders about village or police, tell to the ers work- illegal todenounce threats for example, form beasubtler of menace, also can There or relatives. victim tothe addressed threats physical form involves its most extreme forms; many violenceinvoluntarily. take can menace The or penalty or restraint, of work apenalty, menace and the undertaken under exacted work elements: orbasic service or two even comprises labour forced of definition The death prosecuted. rarely very are cases these inal, although they are universally regarded as crim- Convention onSupplementary Slavery, and 1956 tothe according slavery as classified are regions. in all exists Forced and bonded labour but practice the Asia, in are most cases ficking; of traf- victims proportion are but significant 80 VIII 78,79 An unknown unknown An 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 247 child is a commodity, and works in conditions groups in the now outlawed kamaiya system tantamount to slavery. in agriculture. A study which looked into this practice found that 30% of the children who Though bonded labour survives elsewhere, had left their employer had done so because much of the problem is concentrated in South of ‘harassment or punishment’.86 In all such Asia. India, with its vast population, has the feudal settings, the writ of law or the assertion largest number of children in bonded labour of rights are absent. Intimidation, physical (some estimates suggest that the figure may be punishment and verbal humiliation reinforce 81 as high as 15 million, mostly from the dalit a deep sense of inferiority and powerlessness. or scheduled caste community). This practice has long been illegal, and since 1997, under Indigenous groups a new Supreme Court injunction, there have been efforts to regulate it, bring perpetrators In Latin America, as elsewhere, high levels of to justice, and rescue children from servitude. forced labour are endured by indigenous peoples and their children, who typically also face 248 These actions were inspired by strong local high rates of poverty, discrimination and exclu- activism. Sector-specific surveys have found sion. People in remote areas are particularly bonded child labour in small-scale mining, susceptible to coercive recruitment and debt brick making, fish processing, gem cutting, bondage due to the weak presence of the State. carpet weaving, tanneries and fireworks pro- In remote parts of Brazil, children are cheaper duction. Carpet-weaving manufacturers employ to hire and considered more docile. They work children in conditions of severe bondage, and in tree-logging, wood-cutting, sugar cane plan- coercion is often used for discipline and to curb tations, mining, distilleries, and coal produc- protests.82 According to Human Rights Watch tion, all of which are dangerous.87 Since they surveys conducted in the silk industry in Uttar have been invariably hired deceitfully, they Pradesh in 1996 and 2003, the level of violence are indebted and have no chance of returning suffered by children is high. They report that home. The intolerable situation of children loom owners abuse the children on a routine in small-scale gold mining in Madre de Dios, basis; the children are often locked up, and Peru, is well-known to human rights organisa- VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE their food is far from adequate.83 tions and the authorities. Around 20% of the miners are 11–18 years old.88 A similar picture emerges in Pakistan.84 Feudal social structures give landowners power to Vulnerability is enhanced by lack of official exact labour from indebted families, and may identity. Since they do not register births, indig- ‘gift’ a bonded servant to another landlord. enous people are invisible to national authori- In Sindh, documentary evidence of murder, ties and are therefore unable to denounce sexual assault, kidnapping and physical assault forced labour or seek redress. In Peru’s remote has been collected by human rights groups.85 labour camps in the Amazon basin, 20,000 In Nepal, bonded labour involves minority workers may be in forced labour, many accom- arrangement – continues, though nominally nominally though –continues, arrangement means of commercial trade, but by customary ‘ownership’ –direct of people,slavery not by world the in where regular countries last the Nigergovernance and are persist. Mauritania of forms where feudal countries Sahelian the but in more is extensive Ethiopia; as such Africa, of Eastern countries afew in occurs arrangements for the exploitation of children Abuse within or perversions of customary than in other regions. ‘forced’ be may proportion higher a that to suggest evidence is work, there and child incidence of informal highest the has Africa ofslavery forms Traditional for free. panied by children who are expected to work gious beliefs. gious reli- and by social sanctioned and ‘natural’ beconsidered may arrangements these status; of lower those members and family extended from beinvoked services to demand can ships client relation- and well-honed. Kin calamity of for times mechanisms coping and hard, is tain, desert or semi-desert environments. Life moun- in economy modern the furthest is from Distance economy. employer–worker monetised, or industrialised, standard an in living their do not make areas, rural in cially most people, that totions, fact and the espe- client-ship and economicto in kinship rela- attached importance to the related mostly is labour where violence routine.labour is 5to 17 worsttion of aged forms in working is adolescent and popula- child 10% of total the region, nearly American Latin the in countries I slept in the factory with two or three other children. We prepared the food there and slept in the space space the in slept and there food the We prepared children. other three or two with factory the in I slept 89 According to an ILO study of 19 study ILO to an According 92 between the machines. If I made a mistake – if I cut the thread – he would beat me. me. beat would –he thread the Icut –if amistake Imade If machines. the between Sometimes [the used owner] vulgar Then he language. would give me more work.” Child, 11, bonded at around age 7 for Rs. 1,700 (US $35), South Asia, 2003 Asia, South $35), 1,700 (US Rs. 7for age 11, around at bonded Child, “At 4:00 a.m. I got up and did silk winding. I only went home once a week. aweek. once home went Ionly winding. silk did and up Igot a.m. “At 4:00 91 However, coercion coercion However, 90 banned by law.banned enslaved. still men, are women43,000 children and around that established organisation a local by 2004 slow.ation conducted in is Asurvey Niger in 1999, and progress towards its elimin- in banned legislatively only was Slavery ners. additional slave children by designated part- of bearers as and sexually, including masters, of their call and beck atthe are and young very ‘gifts’. workowner to as another start Girls on one from bepassed can and masters their Children in such families are the property of nature, mostly on The the streets. Caribbean criminal or serious of apetty activities in dren involvement the recorded Study ofthe chil- for undertaken Review Desk Regional Every Illicit activities slavery to warlords. to slavery sexual included has This kind. some of service and children be abducted to provide working flourish, can forced labour which in arise tions of law, rule the and oflapse condi- governance have acol- seen which countries African In fleeing. prevented from them and ishments controlled every aspect of their lives, pun- Humiliating threats. and treatment ing degrad- rape, toviolence, subjected been had their behaviour, rights, and entitlements. and behaviour, rights, their fields; and they suffer severe limitations on household the the in both in and children, ing includ- of slave descendants, berequired can However, of services to interpretation. arange open and disputed locally ‘slavery’ is actual of degree their and of slaves, descendants 96 Many of the 11,000 interviewees 93,94 97 These people are usually people usually These are IX 6 95

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 249 Regional Desk Review, for example, expresses use among minors is common found that the concern about a ‘growing population’ of street majority of children involved in drug dealing children in countries like Jamaica and Haiti or trafficking are users of cannabis, heroin or who become involved in illicit activities to amphetamines themselves.102 Although not earn money, including packaging and selling addicted when they start pushing drugs, they drugs, or acting as ‘look-outs’ for both police soon experiment with the products they are and criminals.98 selling. In some countries of Europe and Central Asia, In Somalia, the trade in khat, a narcotic leaf, the growing presence of children working on is openly practised and is one of the most prof- the streets, and their involvement in illicit itable businesses in the country. Working in activities including petty theft, begging and the khat trade is sought after by boys, because prostitution has prompted similar concern.99 it is the highest-paying form of entrepreneur- In Saint Petersburg, some 10–30% of working ship.103 In the Philippines, a study found that 250 street children are involved in illicit activities nearly 20% of children involved in the drug such as trade in stolen goods and drug traf- trade were hurt or injured in the process, and ficking.100 17% witnessed other children being physically punished.104 Reasons included losing the In many parts of the world, police assume that drugs, or failing to remit the money to the children trying to earn money on the street are handler. About 25% of the children said that if necessarily involved in illegal activity, adding they failed to perform well, the consequences to the violence in these children’s lives. In some countries, such children are legally defined as would be beating, scolding or threats. potentially deviant or criminalised as outcasts, A study on children in the drug trade in Rio 101 and the police are entitled to arrest them. de Janeiro is one of the few extensive surveys (Arbitrary and violent arrest for offences such on children in illegal activities.105 Since the as vagrancy is covered in the chapter on on 1980s, increasing numbers of children have violence against children in care and justice become involved as the trade has become

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE institutions.) more open, more centred on cocaine, more Children involved in trading drugs established in the favelas (poorer city quar- ters), and more heavily armed. Children are The trade in drugs has become one of the most drawn into the trade through social associa- pervasive categories of illicit child labour. tion with dealers on the street and through In this type of street-based work, violence the lack of alternative opportunities. The rise or being on the end of violent behaviour is in young people’s involvement is reflected by common, and drug trading also exposes chil- the dramatic rise in registered convictions dren to risks of substance abuse and harm. A (of under 18s) for drug dealing or trafficking study in the two regions of Estonia where drug – from 110 in 1980, to 1,584 in 2001. Inten- AND PERPETRATORS are more vulnerable to sexual violence worker’s young girls addition, In well-being. for the hewhether or responsibility she feels affects background child’s the from affiliation ethnic and employer of social space, terms in of the of dependence. state distance The and immaturity, developmental size, small erally workers adult gen- due to their violence than Children are by definition more vulnerable to CHARACTERISTICS OF WORKERS costs. place outcomes, work- social and and individual and of work performed, are types certain which in context the factors, risk social and individual including features, a number of interactive capturing in helpful is framework this mind, workers in not child developed with Though factors: tion of interrelated four func- it as worker population,general viewing violence atwork the among work for analysing frame- developed aconceptual has ILO The TO VIOLENCE FACTORS CONTRIBUTING community). the in children on chapter violence against the period also (see this during rose significantly also firearms illegal tional and harm carrying • • • • risks related to the environment to the related risks environment working the in factors characteristics of the perpetrators of victims the characteristics external to the place of place work. to the external 106 ‘Violence is when children are made to work like animals’. animals’. like work to made are children when is ‘Violence 107 108 –and Urban children, Latin America, 2005 America, Latin children, Urban Caribbean, for example of apprenticeshipTraditional the –in systems trol of pimps or brothel owners. con- the under fall often trade sex the in dren chil- or illegal; isolated is situation working Vulnerabilitygangs. is where enhanced the co-workers, customers, criminal police, and ing child. Perpetrators include also foremen, over relationship awork- acontrolling who has for ‘employers’, anyone includes that aterm work informally of children majority the since consistsviolence against children implies that most of workplace cases on recorded information of violence boss’s the job in Available the is since hands. power absolute is this risk; worker exacerbates inflicted powerThe of employer relationship over by employers, their health. worsening their disabilities and undermining but contribute frequently to children, for the not only painful, exploitative and humiliating ‘working day’. their are during Such practices physical violence if they do not earn enough out to a earn living often beggars, as suffering sent being to open wounds) disfigurements ital children with visible disabilities (from congen- of frequentworld, reports are there for example, of the parts many In children. working against violence in play apart may also Disability of workplace the hierarchy. bottom atthe or not, usually age are working workers, whether they have attained the legal Youngcomplaints, targets. them easy making adultsof violence. to physically Childrenchildren with disabilities are at elevated are risk also less likely than resist violence or make 109 110 – can also be the also –can X 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 251 “No child should have to ﬁght a war or carry heavy loads and neither should a child have to work long hours without pay or be abused or treated unfairly. Children deserve to be treated as equals in the workplace and those who abuse them should be severely punished. Equality and quality in the workplace is what the children want.” Child, Eastern and Southern Africa, 2005 XI

context of abuse. However, apprenticeship of Children in unsafe working environments this kind may be the only path out of dire pov- are at constant risk of violence. Such envi- erty for young workers trying to obtain skills ronments include glass factories, mining, and in the informal economy.111 Where apprentice- plantation agriculture, especially where health ship schemes exist in industrialised settings, and safety regulations are lax or non-exis- there are also some reports of abuse. One tent.115 Severe injuries can result from danger- study in France found that 16% of apprentices ous machinery, guns, accidents, toxic fumes 112 reported physical or verbal violence, and a and explosions. All such ill-effects affect European Union study in 2000 found that 2% young and growing bodies and minds more of apprentices were victims of physical violence than those of adults. Reports from a range of 113 from fellow workers. countries of systemic workplace abuse against children include for example: inhumane con- WORKPLACE CHARACTERISTICS ditions in the cotton industry116 and unsafe 252 Risks related to the workplace itself vary accord- use of pesticides around agricultural workers, ing to whether the working activity takes place including children117,118, 119 in an organised setting, such as a factory or an informal setting, such as a backroom enterprise; ENVIRONMENTAL FACTORS whether the workplace has special characteristics of remoteness or danger, such as mines, Where the environment is itself full of risk, ﬁshing, quarrying, and some types of agricul- children who work in open spaces are con- ture;114 whether it consists of a closed environ- stantly exposed to violence. In some places, ment such as a household; or whether it is part work in the service industries such as restau- of an illegal activity, such as sexual exploitation rants and shops may expose young workers to or drug dealing. The most extreme examples armed robbery or customer aggression. When of workplace violence against children occur working children feel constantly threatened within the worst forms of child labour. by violence in the environment, they may also

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE SCAVENGING: A WORKPLACE FULL OF RISK

In many countries in Asia and Latin America, large numbers of under-age children work on garbage dumps as scavengers. In the Philippines, in Metro Manila’s Quezon City, thousands of children and their families make a living from dumpsites and live in satellite communities. In 2000, one of the garbage mountains collapsed under torren- tial rains, killing between 500 and 1,000 adults and children who were buried in the trash. Even on a daily basis, injury from truck manoeuvres or sharp objects is common, as is infection from rotting material.120 PLACES OFWORK AGAINST CHILDREN IN Regional Consultation in the Caribbean, is Study’s Study, tothe the from according emerges that challenge labour. Aglobal child concerning bymuch programmes attention not given been has issue aspeciﬁc Violence as TORESPONSES VIOLENCE environment. of the part are enterprises where criminal areas high-risk conducted nature by in their are goods illegal dren involved. Illicit activities such as trade in chil- tothe risks violence special presents their for known areas shanty-town in or hotels based bars shops, transport, in or Work street on the aggression. personal or sexual exhibiting disturbed, behaviourally violentlearn or behaviours themselves become Market in Port-au-Prince. Food Solomon crowded the at works 1995, Agirl HAITI, 121 122

UNICEF/HQ95-0674. Nicole Toutounji as follows: begrouped can it. These of violence the within therefore and workplace, or work the of nature the concerning differences onerable extent key depend to aconsid- will Appropriate responses attention. given and moreshould researched bebetter workplace the in experience children tain Within such programmes, the violence cer- labour. of child acceptability the towards attitudes to change advocacy and rights, and social mobilisation around children’s needs occupations, alternative and tion of education promo- the causes, economic cultural and ing such programmes are multi-pronged, address- labour. Most to child related programmes ing with abuse and violence within many exist- dealing in experience nonetheless is There challenged. or not noticed adequately been has situations children’s working many in implicit violence tion in South Asia similarly observed that the with policy-makers. more give it priority and visible ahigher issue, to make workplace violence against children a v pronged approach, including measures pronged approach, measures including amulti- requires support. This State and social parental, with of life, course up anew to leave itthem take and beto enable will response principal the not workplace. the Therefore, bein Convention No. should 182, children labour,of the ILO covered under exploitative nature and hazardous the component of integral an violence is forms: Worst 123 In the case case the In The Regional Consulta- where 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 253 to combat poverty, promote education, logical or sexual abuse and suffer risks to their and enforce labour regulations.124 health, safety or morals. v Work in informal settings: Where there is no ‘employment’ in However, as already observed, efforts directed a contractual sense, and where the at taking children out of the workplace need workplace is not easy to access or to be accompanied by measures which elimi- consists of streets and open spaces, nate the economic and social reasons for them children’s immediate need for to work or earn, or otherwise their removal protection from violence may best will be short-lived. Experience has shown be addressed by programmes which that, where under-age children are ejected provide services such as shelters from the formal workplace without provisions and drop-in centres, non-formal in place for them to re-direct their lives, they education, development of life skills to often end up in more hazardous informal sit- resist sexual advances, peer activities uations. This occurred in Bangladesh in the 254 such as sports and recreation, and early 1990s, following the abrupt dismissal opportunities to gain qualifications and of under-age girls from the garment export schooling.125,126 industry, under the threat of a US boycott of v Children who are working within goods made with any involvement of child the law: In cases where children and labour.127 The range of interventions required adolescents are working legally, either therefore includes: because they are undertaking light v Legislative and enforcement measures, work, or are above the minimum age in accordance with the international of employment, and where they face framework encompassed by the potential violence from employers or CRC and key ILO Conventions; from other workers as an incidental establishment of workplace regulations, hazard, efforts can be made to increase inspectorates, and stiff legal sanctions their protection and reduce their against the employment of under-age vulnerabilities and risks. VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE workers; and crack-downs on criminal In the case of ‘worst forms’ of child labour, it activities involving children, with child is not possible to make a distinction between rehabilitation. reducing violence and eliminating the work- v Programmatic effort with families and ing circumstances, since to focus exclusively communities to reduce the need for on violence would imply that children might and likelihood of parents sending boys be left in hazardous and exploitative labour if and girls to work or earn, including the violence alone were stopped. No children preventive measures such as poverty should be employed in circumstances and reduction, family support, scholarship occupations where they face physical, psycho- funds or school fee reduction, and sistence farms and fisheries, as well as for orphans and other vulnerable children. other vulnerable and for orphans as well as fisheries, and farms sistence sub- plantations, in of working those incentive to parents an given as is month perchild 7–14 school. US$ attending on children money conditional contribution; the per is children’s of loss for their the parents economic compensating tried 5–17 –has years aged children working million two –with Kenya situation, this toaddress effort an In of to going school. instead income to supplement by working children need family the they that find still families some have abolished, school been African fees where primary Even by HIV/AIDS. affected those including by poor seriously families, faced ficulties of dif- the made been labour, has acknowledgement to child reduce recent efforts In EDUCATION AND TANDEM IN POVERTY WORK, ADDRESSING KENYA: v v Advocacy and social mobilisation by social and Advocacy to directly torespond Interventions especially quality education. services, to basic access universal abuse. exploitation from free and life working appropriate for afuture preparation and education toquality to have access children for workplace, the all and in violence with not to betreated children to promote society of right civil the officials. enforcement and leaders community including employers, parents, audience atawide-ranging targeted exploitation, and to violence, hazard them expose from workplaces that children’sworking to need beremoved national level been has determining the list of law. atthe action international One important with conformity into ‘employment’ and ‘work’ concerning codes traditional and law tomary cus- bringing in major challenges still are There addressing the many issues involved. resolution shown greater in and legislation, their of reviews undertaken have Governments urgent action to eliminate child labour. Many momentum new on significant and consensus tion, No. 138. Conven- Age Minimum of the of ratifications helped to double has rate the turn in which No. 182 enjoyed of arapid has ratification, pace tions. Since its adoption in 1999, Convention Conven- ILO key two the have ratified which world’sof the now countries in live children 80% CRC the more and than have ratified tries coun- but two labour. on action tive All child legisla- national guide standards International IMPLEMENTATION THEIR AND LAWS 129 This reflects a strong political political astrong reflects This 128 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 255 hazardous occupations and tasks, and prohibit- the East Asia and Pacific Regional Consulta- ing them for all under 18s, as called for under tion noted that in general the enforcement of ILO Convention No. 182. A recent review indi- child labour laws appears to lag behind other cates that this has been an area of high activity; legal measures enacted to protect children. so has legislative action against trafficking and the involvement of children in prostitution and Many impediments to the enforcement of laws pornography. However, attention from Govern- exist. One is the lack of an effective and uni- ments to forced and bonded labour has been versal birth registration system, which con- more modest, and there has been little action stricts enforcement of laws on minimum age on improving legislation against the use of chil- of employment.133 Another is that the labour dren engaged in illicit activities.130 inspectorates which helped remove children from the workplace in industrialising coun- Labour law enforcement tries in the West have generally not proved 134 In many countries, lack of law enforcement, to be as effective in the developing world. 256 including bringing perpetrators to court, is a Although successful in some instances, most more acute problem than that of the nature of do not extend their reach beyond organised legislation on the statute book. For example, new urban workplaces, where the minority of child laws were passed against bonded labour in India workers are to be found. Many inspectors (1976) and Pakistan (1992), but the numbers of are overwhelmed by their caseloads, short of prosecutions and releases of bonded labourers by resources and means of travel, and poorly paid. the courts show that neither is vigorously pros- Both employers and child workers may resort ecuted. In India, the National Human Rights to pay-offs, and there can also be pressure from Commission was ordered by the Supreme Court official sources not to undertake the kind of in 1997 to oversee the enforcement of the 1976 rigorous inspections which might damage the Act, and has been able to pressure officials into investment climate.135 freeing and rehabilitating bonded children in Avenues for legal redress regarding violence some areas, primarily in Uttar Pradesh’s carpet inflicted on working children are almost inacces- belt.131 But the Commission’s resources and VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE sible to them, given their inferior status. Cases of power are limited, and States have been slow to fulfil their obligations. In Pakistan, where fines serious injury, such as burning with a hot iron, are far higher than in India, prosecutions have and of gross abuse, may attract media attention; been minimal in recent years.132 in which case employers of children in domestic labour, for example, are prosecuted, usually The South Asian Regional Consultation for the with NGO assistance. Attempts are also made Study has pointed to the need for a supervisory by NGOs such as the South Asian Coalition system to ensure effective implementation of on Child Servitude to gain for released Indian child labour laws by all entities charged with bonded child workers their legal entitlement to enforcement throughout the region. Similarly, Rs. 20,000 (US$ 420) for rehabilitation; but tary roles that can be complemen- the illustrates initiative playedbox). This by campaigning stable and boysemployed (see jockeys camel as boys young of of 3,000 origin countries their to repatriation and release the concerning United Emirates in Arab May (UAE) 2005 the with made agreement the is One example workforce may bepracticable. child entire the workplace aclosed In or of occupation, removal craft). or decorative carpet-weaving in (as age young atavery askill or tolearn need dexterity manual size, small of their pretext on the dren work where the to exclusive chil- is cumstances bedone, It however, can rare. are cir- in these back-up and matic but place, interventions in program- necessary the with effective, been has where enforcement situations specific are There interests. by vested retaliation from atrisk put themselves often courts the workers in child pion rescued physical and psychological violence, including occasional sexual abuse. sexual occasional violence, including psychological and physical of other forms suffered weight, and to their reduce before races starved frequently were also They falls. and injuries sustained often and races, the during saddles camel’s of 10. age the majority under boys onto were vast The tied the purpose, the for this 1990s the during East Middle to the 1,700 nearly trafficked been that boyshad culated NGO cal- ABangladeshi (ASI). International by Anti-Slavery years protest for many under came Arabia) Saudi and Qatar (Kuwait, States other Gulf and UAE the in races camel in jockeys as for use Sudan), and Somalia (Mauritania, Africa and Pakistan), and (Bangladesh Asia South in countries boys from certain of small trafficking The BOYS OF USE THE JOCKEYS TO ASCAMEL END LONG STRUGGLE THE between. far and few are attempts such rarely prosecuted. also are children working against abuse of sexual 137 Moreover, who those cham- 136 Cases discrimination against working children, for to further lead may inadvertently labour child enforcement the against of laws circumstance, absolutely every in and children lence against condemn vio- attitudes it.enforce Until social to expected by those even respect, with treated prohibition be alegal will that on apractice lence is commonly vio- where societies interpersonal in guarantee used in dispute resolutionis particularly difficult to outlaw; there is no tion of coopera- civil the and acceptance popular requires society law of the work common. Application is in where applying child areas in case the is This lives. people’s most over influence little have it.tems Violenceformal legal, administrative and judicial sys- where environments in problematic is ment Study, the noted throughout enforce- law As civil society within enforcement law for Backing exploitative occupation. an in dren employment and of chil- trafficking end tothe and international organisations in bringing an 6 >>>

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 257 THE LONG STRUGGLE TO END THE USE OF BOYS AS CAMEL JOCKEYS

ASI was unable to make significant progress until it joined forces with the Interna- tional Confederation of Free Trade Unions (ICFTU) and the ILO. In 2001, the ILO persuaded the UAE to ratify Convention No. 182. This led to a ban in 2002 on the use of camel jockeys aged under 15 and lower in weight than 45 kg. Even then, progress was slow and some trafficking continued. However, in March 2005 the age limit was legally revised upwards to 16 years (later to 18), and in May 2005 UNICEF reached an agreement with the UAE Governments to facilitate the repatriation of the boys to their countries of origin over a two-year period. Within eight months well over 1,000 boys had been identified. Many began to return home to Pakistan and Bangladesh later in 2005. The boys were initially received at special centres, from which they were to be reunited 258 with their families if possible. If these were not able to be found, education and reintegration within the society were to be undertaken by care organisations. Other boys, including workers at the stables, were subsequently also returned to Sudan and Mau- ritania. In all four countries, support was provided to families and communities and permanent mechanisms set up to help prevent further trafficking or re-trafficking. The reintegration of the children was subject to monitoring with emphasis on strengthening community care and creating a supportive environment to prevent discrimination against them.138,139,140

example by official persecution of the children children, both by educating families about the themselves on the basis of their stigmatised dangers of trafficking, and by working with social status. the police when a child from the village goes missing.142 However, a number of lessons were VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE Some efforts to implement child labour laws learned from this programme.143 It was nec- with civil society cooperation have been made. essary not to use fear-inducing messages, but In areas where trafficking is common, com- to try to convince people about the harmful munity groups or community-based watch/ nature of something they currently accepted. vigilance systems have been set up; they may Surveillance committees did not function also report breaches of child labour legislation 141 well if they were seen as agents of oppression and non-attendance of children in school. against local families and children. For example, in Benin, village surveillance committees backed by the provincial administration have helped to reduce the trafficking of opportunities. support, rather than diminish, developmental nities must bedone that boundaries within opportu- However, earning and working such life. adult for future preparation of their part school as secondary during part-time earning of steady adolescent child to the value term in industrialised societies confirm the long- Studies socialisation. of their part auseful as orderin or to help pay expenses, for schooling societies undertake part-time earning activities for children of working age. Children in many of day times of work atall types not exclude all to going school does exclusive: notare mutually work and to schooling It note important that is to implement laws. labour child work, effort despite little full-time from dren of some chil- by departure the accompanied been has education universal towards progress Sri Lanka, in and of Kerala state Indian the helping labour. end For both child in example, in record atrack has also education Universal health. child ity, and improved and maternal including poverty reduction, gender equal- of this goal is closelyand educational settings). The attainment related schools in to children onchapter violence against many others, the (see For of All Education goal international the to reach investment impetus and cational edu- toincrease requirement State onthe the compulsory for both boys and girls, including education basic of making favour in arguments many labour. are There nent child of ending compo- akey is to schooling access Universal SKILLS EDUCATION LIFE AND UNIVERSAL “She is so young, hardly 8 years old, carrying charcoal, and in school uniform, uniform, school in and charcoal, carrying old, 8years hardly young, so is “She when asked why she has not gone to school, she says she is working.” working.” is she says she school, to gone not has she why asked when 144 Boy, 15, Eastern and Southern Africa, 2005 145 Ministry of Labour and the ILO. the and of Labour Ministry children into schools, working closely with the younger of the reinsertion and older children apprenticeships for the formal It arranges then conditions. working difficult especially in those and children younger the ciation, identifying asso- artisans’ the with collaboration in artisans on out surveys NGO The carries masons. and with such artisans mechanics, car as carpenters, or guardians parents by their have placed been who seven, as young as some boys, with mainly works (GRADH) le développement humain Groupe the Benin, derecherche d’actions et pour box). prominent the In (see going was strand promotionworkplace, the which in of school- to leave the to enable children pronged strategy amulti- used of India states three in gramme pro- community-based (CWOP), alarge-scale Workers’ Child the Project Opportunities to work. For alternative example, an school, as ing children into school, or returning them to on bring- focus labour to end child grammes pro- many reason, not school. For attend this do children however, working settings, many In would like to be able to read and write. to beable and would to like read however for need education, much they their than level atahigher to need earn the place street-based dependent on totally are But where children income prospects. and status their raise and learn, to survive, may they which in tend to opportunities seek imply. they tend these which job advantages future the and to Even ifusually want to education gain and training, they they practicable, if have not school; attended continueaware of the disadvantages they face if they to very usually are work, teens workers their in Child they XII 146 6 148 147

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 259 Universal attendance at school is difficult to violence against children in schools and edu- enforce where the quality of education is poor, cational settings). Life skills-based education families and children perceive in it nothing of in both settings, should be made accessible to advantage, or teachers are verbally or physically working boys and girls whether or not they abusive. Unless schooling is child-friendly, are able to quit work, to learn about gender and adds value in terms of useful learning and equality, avoidance of coercive or oppressive qualifications, it can be difficult to attract and situations, sexual behaviour, and the need to retain children from working situations. adopt non-violence within relationships. The reduction of gender-based violence, unsafe Schooling itself provides an opportunity for sexual practices, street violence and misogyny the promotion of self-protection, non-violence requires challenging dominant forms and per- and peaceful conflict resolution, as do non- ceptions of masculinity, by reaching out to formal education programmes (see chapter on boys and men.149 260 CHILD WORKERS’ OPPORTUNITIES PROJECT (CWOP), MAHARASHTRA

This four-year programme in India supported by Save the Children Canada targeted 10,000 working children, including 4,000 in two project sites in Maharashtra. These children were identified during baseline surveys in the 94 intervention communities covered by the two local operational NGO partners; the intention was to bring an end to child labour in the communities in question. The strategy centred on shifting children out of work and into school or training, by simultaneously addressing the reasons why they worked, and by offering them other opportunities. Working children under 14 were to be enrolled in the formal primary system, and those aged 14–18 in vocational training. Community-based non-formal education classes, to which all children identified in the survey were invited, were the starting-point. At the same time, initiatives were made to foster income-generation for VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE women in households with working children, and build awareness in the community to render the concept of child work socially unacceptable. Village education committees were established, and communities encouraged to improve school buildings, and to demand high quality teaching and child-friendly behaviour from teachers. Child participation was a fundamental principle in all project activities. Child groups were set up, in which working and ex-working children participated. Members took on own considerable powers of agency. powers considerable own their to use them include enabling should also gramme implementation and evaluation, but pro- through stage data-gathering from the consultation with children and their families ticipation should consist not only of systematic Par- out behalf. on their carried developed and programmes in participation their to facilitate exploitative work workplace the in abuse is and enabling children to remove themselves from One stepstowards of most the important PARTICIPATIONTHE CHILDREN OF ments. Govern- by state run labour other projects to end subsequently child influenced has would bemore project’s The impressive. results level, the atstate made tion is success more educa- if basic investment in that activity, and most important the is friendly more schools child- making and quality educational improving concluded that rashtra vocational and training, 3,000 children left work entirely. Project managers in Maha- to school or access gained 75% four-year of 10,000 the children the Over programme, school.” in child every children, “No working message: the with village the house in every postered they one in about community work school; and attitudes helped transform themselves authorities. Children village to the behaviour the report violence class, or in using drunk, lax, of being ateacher case the in and tion to stay; who motiva- needed classroom to the new mentoring children as responsibilities such CHILD WORKERS’ OPPORTUNITIES PROJECT MAHARASHTRA (CWOP), working children and non-working children In a number of settings, may besubjected. children to which NGOs violence of the awareness to raise beused can have helped activities Participatory behalf. on their cacy from exploitative workplaces,activities, such as drives to remove as children well as advo- includes organising their own programme 150,151 152 This ies and recreation. and ies for stud- off adolescent workers time their give ragua the National Movement of Working Children in 2002. World UN for atthe represented Summit formed international an network, and were have movements children’s working advocates: sophisticated become have Some activities. useful socially perform and programmes, tural cul- enjoy education, and and sports skills to seek improve gain they lives, which their through organisations own develop their households, abusive from workers domestic rescuing protection including abuse, sexual against to better provide law workersthe with young alcohol abuse in the community, employment of under-age illegal workers,as such on issues alead taking responsibility, of social qualities demonstrate develop and to opportunity an with people young provide 156 and persuading employers to persuading and 153 157 Many such organisations For example, in Nica- 154 changes in changes 6 155

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 261 “We have reduced the heavy work that we used to do. We can now say to our family and employers that this is too much for a child and that it is an adult’s job. We now can negotiate what is and isn’t acceptable.” Teen-aged worker, West and Central Africa, 2004 XIII

Children and Adolescents (NATRAS) began mentation of appropriate policies, laws, pro- in 2003 to work on preventing sexual abuse of grammes and services; on the other, it is as children and adolescents, especially of work- important to challenge the social acceptance ing children. Eighteen of NATRAS’ member of damaging child work by influencing popu- organisations have participated in a variety of lar opinion. A transformation in the attitudes activities – from carrying out surveys to direct and behaviours which condone the presence of lobbying with municipal officials – aimed at children in the workplace is a pre-condition of reducing sexual abuse in 13 targeted munici- children’s departure from it on a sustainable palities and at increasing awareness of the issue basis. Governments have been loathe to inter- within the society and the State. In all of these vene in child labour issues unless confident of organisations’ activities, the role of adults is public and political support. limited to being facilitators and companions to the young members.158 Children and young people are often their own best advocates and should be given a promi- 262 The opportunities created by children’s organ- nent role as spokespersons on their own behalf, isations allow participants to gain confidence, to policy makers, employers, communities, self-esteem, leadership and social skills, a legislators, media and the society at large. The broader view of the world and a sense of their participation of children in the Technical Sub- own potential within it. These attributes are Council on Child Work in Honduras led to essential in overcoming the self-denigration changes in the National Plan of Action, notably and deep sense of inferiority felt by many chil- to include deep-sea fishing as a ‘worst form’ of dren in violent and abusive situations. These labour, because of the possible harm associated and other community groups provide a vehicle with it.160 Many opportunities exist to engage for changes in attitudes by children, families children, even those in invisible occupations and communities that enable the children to such as domestic labour or child prostitution, leave work and go to school instead. In some in advocacy campaigns. Children can be more settings, ‘poverty’ as a blanket reason for send- effective than organisational intermediaries in ing children to work melts away when the alter- addressing police, administration or justice. VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE native of going to school is socially endorsed and backed by community support.159 Theatre, drama and role plays performed by children have been used with great success as 161 ADVOCACY vehicles for advocacy. Messages can be put across in a non-blaming way, and actors can The role of advocacy in relation to workplace feel free to show incidents of abuse which they violence against children is two-fold. On would be unlikely to mention in an interview. the one hand, it is necessary to draw policy- Similarly, parents and community members makers’ attention to the abuse children endure who may have not understood the abuse their and set in motion the development and imple- children are likely to experience if they send Assisting the African Child. It has since been staged in many locations in Dakar. in locations many in staged been since It has Child. African the Assisting for OAU the 1993 meeting in Conference atapreparatory performed playlet was on This her salary. without receiving fired, eventually is girl The ofher stealing. unjustly The friends join in the mockery of the girl, and the the and of girl, the mockery join the in friends The other tasks. food preparation, and of service, front in ofabuse for her failures friends playlet,the a NGO ENDA support the from Monde. Tiers with In Senegal, Dakar, workerstic in A playlet entitled WORKERS DOMESTIC FOR CHILD –ADRAMA TIRED!” “WE’RE responding. are they to which situation organisation undertaking the action, and the of type and on size possible, the is depending of approaches Avariety collection. data with of action advocacy,tions with types both and interven- programme of practical integration the labour, worst of requires forms the child ticularly par- children, against violence on action Taking CONTACT, AND RESCUE, TARGETED INTERVENTIONS: and (2005). mining and quarrying domestic child (2002), ficking labour (2004), traf- for example, year; each against campaign to labour of worst of the forms child aspect lar adopted aparticu- June has in 2002 initiated it. World The Labour Child against Day against action showcase and labour worst of forms child to promote of the beused awareness can level national atthe events similar and celebrations, Children’s Day local atschool, Parents’ Days not to do so. reasons real are there that believe away tothem work more are able to absorb and REHABILITATION patronne Sanayo (employer) takes on a house-girl, and then subjects that girl to (“We’re tired” in Wolof) was written by and for girl domes- for by girl and written (“We’re Wolof) was in tired” 162 as child domestic labour. domestic child as some ‘worst such form’ contexts labour child principles’ in interventions for programme ‘good with exist Handbooks practiceto court. employers their workers to take child abused for assistance provide legal may also they vices, ser- of range sizeable a develop to able are they data collection and advocacy on that. Where development, service their base and centre, a project as such asmall-scale with start abused runaway and children, traumatised shelter providing for as seriously such need emergency NGOs,Many to responding an grammes’ (TBPs) to eliminate child labour. for Pro- ‘Time-Bound developed by ILO/IPEC children. A planning methodology been has working abused with contact not immediate in They start with a planning process: they are place. before it takes primary prevention measures to avoid violence by international organisations often include In contrast, larger-scale programmes initiated where it and to occurs. violence as responding prevention, constitute secondary tions largely patronne’s young daughter accuses accuses daughter young 164 These interven- These 163 6 165

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 263 TBPs comprise a package of interventions cov- Hotlines and help-lines have become a well- ering prevention, withdrawal, rehabilitation known technique for enabling children to and future protection, with which States that report violence against themselves. Some have ratified Convention No. 182 can tackle organisations working to eliminate child ‘worst forms’ of child labour within a set time- labour have established hotlines for child work- frame. They start with data collection and ers to use. The Kasambahay (domestic worker) other actions to create an ‘enabling environ- programme run by Visayan Forum in the Phil- ment for the elimination of the wost forms of ippines operates hotlines to receive reports of child labour’.166 abuse and facilitate rescue.168 In Cambodia, a local NGO organises the distribution of cards El Salvador, Nepal, and the United Republic with pop stars’ pictures on the front and tele- of Tanzania were the first three countries to phone numbers and addresses of centres to con- implement TBPs, starting in 2002. Seventeen tact on the reverse. These are left in places such other countries have since followed suit, sev- as phone booths, bars, markets, and discos.169 264 eral more are preparing similar programmes. However, hotlines are resource-intensive: they As an example, the United Republic of Tan- need to be manned round the clock, by well- zania set out to reduce the number of children trained personnel, and have effective processes involved in the worst forms of child labour by for involving police or emergency services. 75%, and the overall child labour participation from the current 25% to less than 10% by Rescue operations 2010. Mid-term evaluation found these objec- Efforts to remove children from workplace vio- tives to be on course.167 lence may require emergency action. Key steps Contact in a process of rapid response to emergency cases include: setting up systems to receive In spite of the hidden nature of much child information about abuse, including from chil- labour, a variety of mechanisms can be used to dren themselves via hotlines and drop-in cen- make contact with child workers. These include tres; planning the rescue; the rescue operation; child-to-child contact in places where young post-rescue rehabilitation; and post-rescue legal VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE workers go at of f-dut y times. Such places include redress.170 In removing children from danger- parks, churches, temples or mosques, evening ous workplaces, interventions must ensure that classes, shops or markets. Several organisations, the situation of children is not worsened – that including those taking part in ILO/IPEC and their physical well-being and self-respect are UNICEF programmes, run awareness-raising not further damaged by the trauma of the sessions for local leaders, police, householders rescue.171 Many rescue operations are not prop- and children, in which they learn about report- erly prepared nor are the necessary follow-up ing, handling cases, the need to avoid violence support and services in place, such as health in removing children from abusive situations, care and counselling for women and children and to retain the cooperation of employers. rescued from the sex industry.172 in Ho Chi Minh City. Minh HoChi in children street with works who worker asocial to cards her of one shows street the on postcards selling 1999, Agirl NAM, VIET home. proprietors The to of court. ‘Excellent Domestics’ were taken tickets received free found shelter they them food,and and Anex town. police and The traumatised and wanted to return to their homes, even when offered in skills-training were all premises atthe girls The closed. and illegally found to beoperating was agency led to The action. finally agency atthe trapped about agirl newspaper the in article an later, weeks of Afew Labour. Department to the pay.any findings their reported They of workers not given cases and conditions, under-age girls, living found appalling they premises, the visited Anex jobs. found When them and them housed countryside, the ‘Excellent Domestics’. from in brought girls called agency The agency away from an run who had of station girls police local from the referrals to receive began CDW) (Anex- of abuse the domestic servants against NGO campaigning an 2004, early In RESCUE OPERATION IN ATHLONE, CAPE TOWN

UNICEF/HQ99-0878. Roger Lemoyne child to return if she or if he not does to. to want return child family, but to the contact nottant to force the place abuse maintain of work- victims with working Organisations that it is always impor- family. closer to their have access to services that aim to bring them essential. Whenever possible, children should as reuniﬁcation and of resettlement advance ers. of in They regard counselling the families domestic labour- former over child 300 tling reset- in notable had success has Uganda pala, forced and bonded labour. WAYS in Kam- in children of, rehabilitate release and gain to attempt organisations rights human of tate children in servitude. In India, a number rehabili- to identify, amission and liberate has (SACCS) Servitude on Child Coalition Asian South The families. their with them tegrate to remove children from child labour and rein- A number of organisations’ primary activity is Rehabilitation 173 174 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 265 This may not be in the child’s best interests Much more is known about street children; as if social stigma and rejection are likely to be they are visible and accessible, children work- the outcome; or the child will be again sent to ing in streets and public spaces have been stud- work, or re-trafficked. In the case of girls res- ied in a number of settings, and even though cued from the sex industry, there is likely to be numbers are usually estimates, a considerable heavy stigma from families and communities body of information about them now exists. to whom they are returned, and they may be Some street child programmes now include looked upon as carriers of HIV.175 Cases of re- components for monitoring, verification and trafficking, for example, from Nepal to India, tracking.179 Far fewer extended surveys have are common. been conducted into bonded child labour in South Asia, or into traditional forms of slav- IMPROVED DATA COLLECTION ery or forced labour affecting children in Africa and Latin America. Those studies that Much progress has been made since the mid exist have mostly been conducted by NGOs 266 -1990s in developing methodologies to obtain and, with some notable exceptions, are rela- reliable data on child labour. A major initia- tively small-scale. Very little is known about tive to improve understanding on the hidden, violence within a family work setting (mostly illegal and often criminal abuse of children small-scale agriculture), which is where most in the workplace has been through the joint children work. development by ILO and UNICEF of a Rapid Assessment methodology.176 Action research and monitoring NGOs have played a major role in uncovering Effort has recently been invested in research some of the worst abuses of children in the work- methodologies that aid in designing interven- place. For example, Anti-Slavery International tions or monitoring the impact of existing led initiatives on children in domestic labour, interventions in order to improve them. For initially focusing on simple research method- example, action research on boys and girls ologies for local NGOs to use as a basis for i nvolve d i n d r u g t r a f fic k i n g h a s be en c onduc te d 177 180 VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE advocacy. Subsequently, an active network of in Indonesia, the Philippines, Thailand, and practitioner NGOs working in the field of child Brazil, with an emphasis on collecting data domestic labour was developed, and through about these children that is of direct use in this, consultations were conducted with child developing interventions. One study by IPEC domestics which shed much insight into the on drug use and trafficking in Estonia illus- violence and abuse they suffered. Since this is a trated the difficulties of obtaining information notoriously difficult group of children to reach, on the experiences of children in extreme situ- much can be learned from these experiences ations, concluding: “Violence is one of the few about how to contact invisible child workers topics which young drug users do not want to and collect data with and from them.178 discuss with strangers. It seems that the topic 1998 brought of anetwork organi- together Labour, in which Child against March Global the as initiatives of such success world, the and vention the No. around 182 ratified been has Con- movement ILO atwhich rapidity the are of momentum the Manifestations this behind wide range a emerged, which in has labour child against of protagonists mid-1990s, the Since aworldwide movement have been active. BUILDING MOMENTUM ficked children (Sri Lanka). labour (Uganda), fishing (Indonesia) and traf- streets (Turkey), mining (Ecuador), domestic on the children working attitudes; and health, employment, economic well-being, status, vention. Impacts include examined educational inter- of the aconsequence as children working of lives the in have occurred intervention) that completion the of an more and after years (two ‘tracer’ long-term methodology to assess changes developed a IPEC has protectionwith services. removed work from provided and children of the to monitoring workplaceor settings, organised from monitoring of industries shifted itoring has mon- labour concept of the child recentyears, In trust.” not up to mutual build enough just is oneof and violence taboo, interview is to be taken for redress. to betaken steps necessary the and violence, its impact cal psychologi- and children’s of physical experience initiatives represent opportunities to identify these All children. of working tracking the and increasingly being to used provide reliable data economy, community-based monitoring is FOR CHANGE 182 In the informal 181 child labour. not products –are using tobacco shoes, sports industriesufacturing – garments, footballs, man- globalised in members of supply chains that of toensure conduct codes voluntary and alliances sectoral via self-regulation through responsibility.social come Action has largely over corporate action) consumer (and concern growing the been has dynamic important An children. working representing tions organisa- and academics, NGOs, media, the employers’ workers’ and organisations, (IPU), Union Inter-Parliamentary the agencies, lateral bi- organisations, regional and international include movement the in Partners labour. child against action ongoing take to sations economy, worldwide of the parts or those in informal the within operational are unions workplace. However, the within trade abuse few monitors and watchdogs of violence as and act to well-placed labour, are and to child reduce Trade unions have a long association with efforts including a street advocacy campaign. advocacy astreet including laws and contribute to efforts, anti-trafficking vate to sector comply managers labour child with employers in Kunming City have on called pri- tion. China’s In Yunan 74 Province, influential bilitation programme for children in prostitu- up set aprevention NGOs, has reha- and local tion for Industry Confedera- National the (CNI), Brazil, In Bill. ficking in collaboration Traf- of Human the on draft anew mentarians with have been involved in discussions with parlia- they Ghana, in labour; child against campaigns Malawi and Uganda, have promoted media Republic the of Moldova, Azerbaijan, example, 183 Employers’ organisations in, for for in, organisations Employers’ 6 184

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 267 “The protection of children involves major ﬁnancial resources but the life and well-being of millions of children depend on the willingness of governments to put in place the necessary measures. In our view, violence committed against a single child is one instance of violence too many.” Children, Regional Consultation, West and Central Africa, 2005 XIV

working scene where children facing violence RECOMMENDATIONS are most often found. In Bulgaria, trade union centres have begun to address the worst forms A wide range of measures is needed to address of child labour and workplaces in the informal the problem of workplace violence against chil- economy. In the Ukraine, the Independent dren. The issue has to be tackled as a liveli- Trade Union of Miners (ITUMU) has taken hood, human rights, labour, health and safety, the lead to end child labour in 500 unregistered and law enforcement issue, starting with efforts small-scale mines as part of an internation- to prevent under-age children from entering ally brokered sector agreement involving both the workplace in the first place. Support for sides of industry. The agreement was signed on universal access to basic education and action World Child Labour Day, 2005. to end children’s employment in ‘worst forms’ of labour are important preventive actions, but A long way to go actions on a broader front, particularly those related to poverty and family need, are also 268 Despite increased engagement in child protec- required. tion issues by the UN system and NGOs since the advent of the CRC, and the new momentum The key departure point has to be a policy of to end ‘worst forms’ of child labour since the zero tolerance of violence against children who ratification of ILO Convention No. 182, there are working, whether within the law or outside is still a long way to go. There has been a failure it, in organised workplaces or in the informal to acknowledge sufficiently working children’s economy. The issue has to be brought out into varied experience of violence – physical, psycho- the open, and perpetrators of acts of violence logical and sexual – and take it fully into account towards children in the workplace brought when developing plans and programmes. There to account. Children who are under working is still a need give greater weight internationally age need to be helped to leave work, receive and nationally to those forms and situations of education and training, and improve their life work that are intrinsically hazardous and vio- chances. Where they are working legally, pre- lent, especially those in remote, illicit or hidden vention of violence should be explicitly built

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE into the regulation and inspection process, locations. There is also a need to work with with access of young workers to reporting sys- trade unions and employer organisations to tems, complaints procedures and the courts. improve protection for the youngest members of the regular workforce where they are facing Legislation more risks than their older peers. 1. Violence against working children Within organisations working to end child should be condemned. Governments labour, an enhanced focus on the violence suf- should ensure that the reality that child fered by child workers may help build renewed workers in many settings, both under- and momentum for change. above the minimum legal age of employ- Policy and programme development programme and Policy 4. 3. 2. Relevant international legal instru- legal international Relevant in practice. and law in condemned systematically and attention public to brought is workplace the violence in ment, suffer routinely of child labour as a first priority. afirst as labour of child incentive an as to eliminate ‘worst forms’ act that impose and penalties mechanisms enforcement should specify Legislation Child. the of Rights the on Convention Conventions Nos 138 182 and the and notablyinternational ILO standards, with labour child concerning legislation national harmonise should Governments applied. and beratified should ments child labour. child dren (see recommendation 14). recommendation (see dren chil- working about violence against base knowledge a building to given be should priority on high solid evidence, plans these Inorder resources. and to base expertise, children’s representatives), appropriate of range (including partners sary working cies; this should be done with the neces- development poli- and into national plans should beintegrated plans labour. These child with connected issues many the implementand of to action tackle plans abilities of the youngest members of the youngest of the abilities with an emphasis on the special vulner- awhole, as workplace violence tackled is erally. Develop national action plans to address address to plans action national Develop Tackle violence in the workplace gen- workplace the in violence Tackle Governments should ensure that that ensure should Governments Governments should create create should Governments 5. 7. 6. be rescued and placed in emergency care. emergency in placed and be rescued can summon assistance, and if necessary children sothat include may hotlines vices the workplace or obtain redress. These ser- help to leave them who can and have trust, to them people whom can they against violence reporting of means a have should children working that ensure should ments it. from escape and violence be deployed should advocacy in effectiveness and skills, in waysWorking children’s views, energies, that creative enable for,capacity participation isrespected. policies children’s to, and that right ensure should benefit. their for services and programmes policies, of mentation ing children in the creation and imple- workers. young who those victimise towards erance tol- zero promote should authorities labour and unions trades Employers, workforce. children. working for education non-formal of part should be child-friendly. skills and Life accessible relevant, is learning that ensure which other initiatives and programmes tional by training, transitional education school or voca- attend to leave work and enabled and should beencouraged dren Chil- respected. fully are services social children’s rights to education, health, and working that ensure should ernments workplace. the leaving those and children working for services Provide Set up services for children to report report to children for upservices Set Mainstream the participation of work- participation the Mainstream Governments Governments 6 Govern- Gov-

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 269 and programmes to end child labour to be Advocacy and social mobilisation effective and sustainable. 11. Increase public awareness of the damag- 8. Build the capacity for all who come into ing effects of child labour. Governments contact with working children. Govern- should ensure that public awareness of the ments should ensure that the capacity of right of all children to be protected from programme partners, Government agen- all forms of violence is increased, and infor- cies, trades unions, employers, police, judi- mation about the risks of violence and its ciary, labour inspectorates, NGOs, com- damaging impacts on working children are munity organisations, children’s groups, disseminated to parents, families and com- and researchers to address violence in the munities. Social dialogue should be encour- workplace is enhanced. aged around the concept of decent work, and the value of schooling underlined. Enforcement 12. Enlist the support of the private sector 270 9. Perpetrators of violence against chil- and civil society. Governments should dren in the workplace should be brought make efforts to stimulate corporate social to account. Governments should ensure responsibility to tackle workplace violence that the impunity frequently enjoyed by against children, including by the adop- employers of under-age children, and the perpetration of physical, psychologi- tion of ethical guidelines in the workplace. cal and sexual violence against them, is In particular, the tourism industry and ended by the real prospect of prosecution media should be encouraged to campaign and meaningful penalties. Criminal sanc- against sexual exploitation and trafﬁcking tions against the use of children for sex, of children. prostitution or pornography, and against Information and research recruiters and trafﬁckers of children need to be vigorously enforced. 13. Collect data about violence against children in the workplace. Given the almost 10. Enforcement and judicial procedures

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE total lack of data about violence against should be child-friendly. Governments children in the workplace, Governments should ensure that in the enforcement of should ensure that all possible means of legislation concerning the removal of chil- collecting such data are deployed within dren from workplaces or the prosecution programmes and services and by speciﬁc of employers or co-workers, the rights of studies and surveys. Especially vulnerable children not to suffer further violence, children should be targeted for research, trauma or discrimination are respected. notably those in home-based, street-based In addition, the principle of ‘best interests and illicit work. of the child’ needs to be observed in all actions involving child workers. 14. Interventions should be monitored and and monitored be should Interventions nated. widely dissemi- lessons goodpractice and conclusion intervention,beyond of the any tored over extending of aperiod time that the impact of interventions is moni- evaluated. Governments should ensure ensure should Governments 4 Boyden J et al. (1999). (1999). al. Jet Boyden 4 7 Liebel M (2004). M(2004). Liebel 7 11 ILO (2002). (2002). ILO 11 13 Burra N(1995). Burra 13 in Forces Cultural and Economic E(2001). Delap 12 8 Bourdillon M (2006). M(2006). Bourdillon 8 2 Walvin J (1982). J(1982). Walvin 2 1 ILO (2006). ILO (2006). 1 REFERENCES 9 Boyden J et al. (1999). (1999). al. Jet Boyden 9 M(2003). Black 6 (1999). al. Jet Boyden 5 3 Tolfree D (1998). D(1998). Tolfree 3 10 Black M (1996). M(1996). Black 10 Children UK. the Save Work. London, and Task onChildren Group India. Maharashtra CWOP, from Study ACase Participation: Children Sweden. against Working Children M(2006). Bourdillon in: Cited Books. Zed Perspectives on Working Children Sweden. Working Children M(2006). Bourdillon in: Cited 1–22. Bangladesh. Urban from Evidence Debate: Labour Child the Organization. Labour International Geneva, Report. aSay. Have 1800–1914English Childhood, Oxford, Oxford University Press. University Oxford Oxford, Past and Present. Present. and Past Children Children Children Geneva, International Labour Organization. Prepared for the Save the Children Alliance Alliance Children the Save the for Prepared . Stockholm, Save the Children Sweden. Children the Save . Stockholm, . Save the Children Sweden and UNICEF. and Sweden Children the . Save UNICEF. and Sweden Children the . Save . Save the Children Sweden and UNICEF. and Sweden Children the . Save Save the Children Sweden. Children the Save Journal of Developmental Studies, A Future without Labour Child The End of Child Labour: Within Sight Within Labour: Child of End The Born to Work: Labour inBorn Child India Children First: The Story of UNICEF UNICEF of Story The First: Children UNICEF Good Practice in Working Children’s A Child’s World: A Social History of History ASocial World: A Child’s . Stockholm, Save the Children Children the Save . Stockholm, A Will of Their Own: Cross-Cultural Cross-Cultural Own: Their of A Will Old Enough to Work, Old Enough to to Enough Old Work, to Enough Old Violence against Working What Works for Working What Works for Working What Works for Working . Stockholm, Save the Children Children the Save . Stockholm, , Oxford University Press. University Oxford . London, Penguin Books. Penguin . London, . London and New York, New and . London Violence against 6 . First Global Global . First Violence 37(5): 37(5): . .

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VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 279 179 ILO/IPEC (2003). Facts on Children Working in the IV Blanchet T (2001). Child Work in a Bihari Camp and in Streets. Geneva, International Programme on the the Benarasi Sari Industry of Mirpur. Stockholm, Save the Elimination of Child Labour, International Labour Children Sweden, p 97. Organization. Available at: http://www.ilo.org/public/ V United Nations Secretary-General’s Study on Violence english/standards/ipec/publ/download/factsheets/fs_ against Children (2005). Regional Desk Review: Latin streetchildren_0303.pdf. America, p 47. Available at: www.violencestudy.org/r27. 180 ILO/IPEC (2004). The Use of Children in the VI Human Rights Watch (2005). Morocco: ‘Hidden’ Child Production, Sale and Trafficking of Drugs: Intervention Workers Face Abuse. New York, Human Rights Watch. Models Developed in Indonesia, the Philippines and Available at: http://hrw.org/english/docs/2005/12/21/ Thailand. Bangkok, International Programme on the morocc12278.htm Elimination of Child Labour, International Labour Organization. VII United Nations Secretary-General’s Study on Violence against Children (2005). Regional Desk Review: 181 ILO/IPEC (2002). Estonia. Children and Adolescents Eastern and Southern Africa, p 25. Available at: www. Involved in Drug Use and Trafficking: A Rapid Assessment. violencestudy.org/r27. Geneva, International Programme on the Elimination of Child Labour, International Labour Organization, p 50. VIII United Nations Secretary-General’s Study on Violence 280 against Children (2005). Regional Desk Review: East Asia 182 ILO (2006). The End of Child Labour: Within and the Pacific, p 49. Available at: www.violencestudy. Reach. Global Report, Geneva, International Labour org/r27. Organization. IX Save the Children Alliance (2005). 10 Essential Learning 183 There are many examples of codes covering: garments Points: Listen and Speak out against Sexual Abuse of Girls (1995), soccer ball stitching (1997), tobacco (1999), and Boys. Global Submission by the International Save cocoa (2001) and small-scale mining (2005). See also: the Children Alliance to the UN Secretary-General’s code on conduct for tourism: ‘Child-Safe Tourism’ in Study on Violence against Children. Oslo, Save the Brazil, Cambodia, the Dominican Republic, Kenya, Children Norway, p 58. Mexico and Tanzania. ILO/IPEC has been a major sponsor of these sector initiatives. See also ILO Global X Human Rights Watch (2003). Small change: bonded Report (2006). labour in India’s silk industry. New York, Human Rights Watch, p 4. 184 ILO (2006). The End of Child Labour: Within Reach. Global Report, Geneva, International Labour XI United Nations Secretary-General’s Study on Violence Organization. against Children (2005). Regional Consultation Outcome Report: Eastern and Southern Africa, p 18. Available at: www.violencestudy.org/r27. VIOLENCE AGAINST CHILDREN IN PLACES OF WORK OF PLACES IN CHILDREN AGAINST VIOLENCE QUOTES XII Groves L (2004). Good practice in working children’s I United Nations Secretary-General’s Study on Violence participation: A case from Senegal. Save the Children. against Children (2005). Regional Desk Review: Latin XIII Government of Kenya (2005). Second Periodic Kenya America, p 46. Available at: www.violencestudy.org/r27. Country Report on Implementation of the UN Convention II Bhima Sangha (2005). Submission to the United Nations on the Rights of the Child. 11 November 2005, CRC/ Secretary-General’s Study on Violence against Children. C/65/Add.39. Bhima Sangha. XIV United Nations Secretary-General’s Study on Violence III UNICEF (2003). From perception to reality: A study on against Children (2005). Regional Consultation Outcome child protection in Somalia. UNICEF Somalia. Ch. 7, p 11. Report: West and Central Africa, p 7. Available at: www. violencestudy.org/r27. 6

VIOLENCE AGAINST CHILDREN IN PLACES OF WORK 281 KEYSTONE/AP- Ochoa Photo/Dolores

ECUADOR, 2001, Children attend soccer school at El Juncal, north of Quito. suso pca ocr 294 concern of special Issues Factors contributing to violence to contributing Factors problem of the extent and Nature context and Background Human rights instruments Introduction iutoa atr 302 301 factors Situational factors family and Individual eulvoec 292 287 Sexual violence violence Physical eulvoec ysrnesi h omnt 293 community the in violence by strangers Sexual ilneb oie297 298 298 296 295 Violence sexual against minorities figures Violence by other authority Violence by police community violence the in and HIV on street the living children Violence against ore rtsx292 sex first Coerced rfcigo hlrn300 299 Trafficking of children persons displaced internally and returnees refugees, child Violence against iers302 Firearms oiie287 290 291 relationships dating and adolescent intimate Violence within violence physical Non-fatal Homicide ag 304 303 303 307 conflict or unrest of Situations Gangs environment Physical Alcohol VIOLENCE AGAINST CHILDREN IN THECOMMUNITY 7 286 286 287 285 301

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 283 Societal factors 309 Urbanisation 309 Poverty, inequality and social exclusion 310 Responses to violence against children in the community 317 Individual and family-level 318 Community-level 318 Community-level support for education and socialisation 318 284 Community-level situational prevention 321 Services for victims of violence 326 Societal-level 330 Economic opportunity and equality 330 Reducing access to alcohol and illegal drugs 330 Reducing access to, and demand for weapons 331 Reducing exposure to violence in the media 332 Children’s participation at all levels 333 Data collection and research 333 Recommendations 335 References 339 VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE risk of encountering violence, both violence, of both encountering risk of violence. However, free is No community the INTRODUCTION as also had to cope with risingof orphaned children. Many communities misuse have of drugs, numbers increased greatly epidemic has AIDS the world, the of parts some In movement. populationmental insecurity, large-scale and environ- instability, political urbanisation, include rapid These to children. available tions which have of the effect reducing the protec- subject to stresses are everywhere Communities of violence. to its risks exposure first their exposure to the community; it may also be independent first betheir may family, their for shop to out going or school, to bus-ride or adulthood. For in walk some,assume daily the will community,roles they of the of and their dent exploration both of the physical spaces indepen- begin they when excitement, of time a as years teenage their tend toexperience dren particularly those in their teenage years. Chil- Much of chapter this focuses on older children, children have been documented. inequalities, levels alarming of violence against clear where are there especially stable societies, and wealthy relatively in also time, same At the by ongoing or political economic instability. inequality, complicated sometimes social and disparity economic poverty, of levels high with regions in areas urban primarily are These tions. propor- frightening assumed today violence has circulation, wide in where are those weapons nities in than others. In some settings, especially by children, is much higher in some commu- against as well cal and sexual violence, assault by authority violence, assault sexual and cal here include considered physi- issues The lives. of context their provide non-familial the that institutions of and network relationships world, including learning how to with deal the socialised through it to engage with the wider thereby are and beliefs and customs attitudes, ofgrow behaviours, up its framework under born environment. and are a social Children but not space, is aphysical only community However, report. the of in other subjects chapters the workplaces,are which organised tions, and it must institu- schools, homes, than other children benity remembered includes chapter, commu- of the this For purposes the any space usedbourhood solidarity, remedy. apromising is that or occupiedor rebuilding the positive group values and neigh- by help building in communities by offering and services, and infrastructure of basic delivery the supporting by communities child-friendly of today. building the lives Equally, young so many threatens violence of which the heart today’s in cohesion world atthe is community and of social weakening the minds, many In can be done to stop violence against children. –however –little it defined is community the of cooperation without the solidarity. Indeed, munity can also be a source of protection and com- the Yet that to emphasise it important is nologies. tech- communications and information new and media globalised through images graphic to violent porno- exposure and growing and of childrenalcohol and for firearms, increases in trafficking labour or sexual exploitation, 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 285 “A paradigm shift is needed. We have the knowledge to prevent violence against children from occurring. We must do more to balance our investment so that the same level of attention is paid to prevention as to the punishment of perpetrators.” Dr Etienne Krug, Director of the Department of Injuries and Violence Prevention, WHO

ﬁgures such as the police, violence associated BACKGROUND AND with gangs and trafﬁckers, and the special risks CONTEXT faced by certain groups such as children living on the street and those living in camps for dis- A child’s vulnerability to violence in the com- placed persons. Also examined is violence in munity increases with age and maturity and the mass media, including new information increased contacts with the wider world. and communications technology. Homicide and violence-related injury among children occur in community settings all over the world, but are more frequent in poverty- stricken urban areas characterised by lack of employment, poor standards of housing, over-

286 HUMAN RIGHTS INSTRUMENTS Provisions in the Convention on the Rights of the Child (CRC), the International Cov- enant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment and other treaties, in particular regional human rights treaties, apply to violence against children in the community. These address harmful traditional practices, slavery, servitude, torture and cruel, inhuman or degrading treatment and punishment. The Palermo Protocol to Prevent, Sup- press and Punish Trafficking in Persons, Especially Women and Children establishes legal obligations to address trafficking, and the CRC’s Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography sets out standards relating to prostitution and pornography.1 The obligations contained in these treaties are imposed on States, and only States or VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE their agents can commit human rights violations. State obligation for human rights violations is incurred if the State or its agents violate the terms of a treaty which the State has accepted. State obligation is also incurred if the State fails to ensure children’s rights to protection against violence by permitting such violence, or failing to take appropriate measures, or to exercise due diligence to prevent, punish, investigate or redress the harm caused by the acts of individuals, groups or entities. Therefore, where violence in the community is concerned, States are required to put in place appropriate laws, policies and programmes to prevent such violence, investigate it if it takes place, ensure that perpetrators are sanctioned and redress the harm which may result. OF THE PROBLEM It also considers groups of children who face who face groups considers ofIt children also dating relationships between young people. and violence thatincluding occurs both physical and sexual violence, within intimateviolence faced by children in the community, and of types the examine sections following The NATURE ANDEXTENT lated areas. iso- in aconsiderable distance walking require may water, which fetch or fodder, fuel tasks when they attacked or being threatened feeling Many children in and Africa rural Asia report household. the from away further and further them take to perform required are they tasks com- the in violence munity to exposure as increased theyface grow olderIn many and places the children domestic – particularly risk-taking. general and girlsrevenge, – and of loyalty private codes skills, weapons encouraged to exhibit aggressive masculinity, are boys where situations in more common to severe injuries tolead and more likely are fights available, widely death. Violence may other are be weapons and iour. firearms Where behav- anti-social and up tension fights in areas may express frustration, anger and pent- these boys –in –particularly populations Young amenities. rapidly growing and social and of education low and standards crowding or social movements. social or political and associations, groups, traditional activities, as well as in the context of religious other recreational and groups,peer sports violence in intimate and dating relationships, 5,6 Older children may encounter may Older children 2,3,4 of 25.of people young up age covering to the data from made be to have 15–19. inferences Sometimes 10–14, 5–9; and 0–4; four-year groups: in age aggregated and collected are More data often, as being underways that clearly distinguish children 18 (defined years in below, aggregated rarely are discussed of data age) fromIt should adults. be noted that, in the quantitative data or abduction. by trafficking mised victi- persons, or those and displaced refugees of ethnic minorities, children in camps for members young street, on the living children of violence, including risks high especially agers –more common. agers teen- between is much that lence –including together15, at come anumber of factors that indicating adolescence of age the noted is ataround perpetration and to make of violent rates the victimisation in increase physicalIn countries with reliable data, a sudden, vio- steep PHYSICAL VIOLENCE cide. dren aged 0–17 years died a as result of homi- for the yearThe WHO global burden of disease 2002 estimates indicateHomicide that 52,904 chil- interventions. population-level through preventable is it principle, in predictable, highly Being its occurrence. with associated inequality) economic and use alcohol as (such factors and when whom it it occurs, to most is affect, likely of where it respect occurs, in patterns clear or nearly 42% were aged 15–17 years, nearly 8 Of these child homicide victims, 21,995 homicide victims, child Ofthese 7 Such violence follows 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 287 75% of whom were boys. These global esti- and economic change. The countries with mates do not indicate the settings in which low rates of adolescent homicide tend to be in homicides occur, but country-level data from Western Europe or in Asia, while the countries police statistics, injury surveillance systems with high rates tend to be in the Americas and and special studies suggest that a majority of Africa (see Table 7.1). homicides in the 15–17-year age group occur in community settings. The marked variation in homicide rates across regions at different levels of social and eco- In some regions, notably in Latin America, the nomic development mirrors even sharper dif- highest homicide rates of any age group across ferences in homicide rates observed between the population occur among 15–19-year olds. communities within countries. For instance, In others, including Africa, Eastern Europe and provincial and city-level studies from high- Central Asia, homicide rates continue to rise and low- to middle-income countries includ- after the age of 15–19, peaking among young ing Brazil,9 Colombia,10 Jamaica,11 the Russian 288 adults in their twenties, or even later. In every Federation,12 South Africa13 and the UK14 show region, however, homicide rates in boys aged that homicide rates follow a recurrent geo- 15–17 are at least three times greater than those graphical pattern of inequity, with homicide of boys aged 10–14, while homicide rates in girls rates in the most deprived communities being aged 15–17 are nearly twice those of girls aged many times greater than in wealthier com- 10–14. This sudden increase in violence in the munities. For instance, in Cape Town, South over-15 age group occurs even in regions with Africa, just a few kilometres separate shanty low overall homicide rates, and implies that towns where male homicide rates exceed 200 measures to curtail violent behaviour are criti- per 100,000 from wealthier, well-established cal before and during the early and mid-teens, suburban areas where male homicide rates are to prevent further increases in later years. four times less, at around 50 per 100,000.15 Over 95% of homicides in 15–17-year olds Relatively few studies have examined the occur in low- and middle-income countries, victim–perpetrator relationship and the typi- VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE where the homicide rate for boys aged 15–17 cal scenarios that underlie homicide in 15–17 years is 9.8 per 100,000 population compared year olds. Those which have been conducted with 3.2 per 100,000 for boys in high-income suggest that perpetrators are often friends or countries. Girls in high-income countries have acquaintances of the victim, and that much of a homicide rate of 1.5 per 100,000 popula- this homicidal violence occurs in neighbour- tion, versus 3.5 per 100,000 for girls in low- hoods and local hang-outs, and is linked to and middle-income countries. Apart from the inter-personal arguments which develop into USA, most of the countries with the highest ﬁghts – over girls, possessions, rivalries, broken adolescent homicide rates are either developing loyalties or group codes – and to intoxication countries or those experiencing rapid social with liquor or drugs. The availability of ﬁre- Source: WHO (2006). (2006). WHO Source: cases. 100 than less on based is Rate Zealand. New and Australia ** Excluding cases 100 than less on based is * Rate TABLE 7.1 homi- whose male/female of children young exception the with (and countries all almost In settings. community in children lence against norms regarding masculinity contribute to vio- questions aboutraise and how socialisation male adolescent homicide in rates differences Sex or death. injury serious arms may mean that this violence results in Paper to the UN Secretary-General’s Study on Violence against Children. Geneva, World Health Organization. Organization. Health World Geneva, Children. against Violence on Study Secretary-General’s UN the to Paper ai mrcn&Crben40 76 .16.50 1.81 37.66 4.01 &Caribbean American Latin utai/e eln*04 .003 0.48 0.31 1.60 0.41 Zealand* Australia/New ihicm onre .632 .01.53 0.40 3.25 0.56 countries High-income o-noecutis22 .516 3.48 1.61 9.75 2.25 countries Low-income otenAeia10 .707 1.60 0.72 6.37 1.09 America Northern – Homicide rates by region for males and females: females: and for males byregion – Homicide rates estimated adolescent homicide rates by UN region, 2002 region, byUN homicide rates adolescent estimated Global Estimates of Health Consequences Due to Violence against Children. against Violence to Due Consequences ofHealth Estimates Global cai* .001 .52.14 0.85 0.13 2.00 Oceania** REGION 16,17,18,19 uoe08 .207 1.67 0.75 5.72 0.89 Europe fia50 56 .29.45 4.62 15.64 5.09 Africa sa12 .306 1.48 0.69 3.93 1.21 Asia l .890 .93.28 1.49 9.06 2.08 All 0–1 5–1 0–1 15 –17 10 –14 15 –17 10 –14 (AGE GROUP, YR) MALES six times higher than those among girls of the girls among those than higher times six 15–17-year-old among rates the to two are boys adolescent found, homicide are highest rates where Europe, some of the Eastern and Africa, Americas, the In age. of same the girls among those 15–17 than greater times three nearly are Homicide boys aged among rates females. than males among higher substantially are children homicide among rates similar), are cide rates (AGE GROUP, YR) FEMALES Background Background 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 289 same age group. Preliminary data from the City Non-fatal physical violence of Cape Town and Burden of Disease Unit of South Africa’s Medical Research Council show The consequences of non-fatal physical vio- that a boy celebrating his 15th birthday in the lence occurring in the community and involv- Cape Town informal settlement of Nyanga ing children range from minor to severe would have a greater than 1 in 20 chance of injuries. Severe injuries may require resource- being shot dead by the age of 35.20 Data from intensive emergency medical treatment and Colombia show that a youth celebrating his inpatient care and result in lifelong disabilities 18th birthday in the Department of Antioquia such brain damage, paraplegia, or may require would have a greater than 1 in 20 chance of amputation. Additionally, physical ﬁghts often being shot dead by the age of 25.21 precede even more serious forms of violence such as homicide.

WITNESSING VIOLENCE 290 In addition to those who suffer violence directly, large numbers of children witness violence in the communities in which they live (for a discussion on children who witness domestic violence see the chapter on violence against children in the home and family). A wide range of research has established that children who witness community violence are at risk of a variety of psychological, behavioural, and academic problems, as well as difficulty in concentrating, impaired memory, anxious attachments to caregivers, or aggressive behaviour.22,23,24 Much of the pioneering research on children’s exposure to violence in the community and consequences of such exposure has been carried out in the USA, focusing on urban communities where high levels of violent crime and multiple risk factors are present. For example, in a study of 95 ‘high-risk’ boys aged 6–10 in New York City, 35% reported witnessing a stabbing, 33% had seen someone shot, 23% had seen a dead body in their neighbourhood, and 25% had seen someone killed.25 VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE Even when they have not directly witnessed the violence, children can be harmed when the victim is someone close to them. In Colombia, a 2001 study of 5,775 children aged 12–18 found that 11% of these adolescents reported having had a family member murdered or kidnapped, or receiving a death threat in the past year. This figure doubled for adolescents residing in Medellin, a city with particularly high levels of gun crime.26 In Jamaica, 60% of 9–17-year-old children reported that a family member had been a victim of violence, and 37% had a family member who had been killed.27 early adulthood. and mid-adolescence during dramatically of homicide, increase case rates the in as that, show treatment room emergency hospital to leading violence physical non-fatal on Studies treatment. hospital received violence physical non-fatal of victims 20–40 around 2000, year the in occurred that 10–29 years aged youths among homicides of approximately 200,000 the each for that problem. it estimated is For instance, of the into some magnitude vide the insight do, olds however, 10–29-year among pro- on youth violence occurring studies Special 180 and years. between aperson aged as (CRC) the in child egories that comply with the definition of the cat- age using do findings not their report Furthermore, most studies services. medical availability and accessibility of emergency the in countries within and among differences marked the given directly, becompared cannot sites those from Data departments. emergency injuries with victims presenting at hospital violent on data only record typically systems monitor violent non-fatal existing and injuries, to systems have information countries Few 4 and 5 males perfemale. 5males 4 and between was ratio the Norway in and female, per 3males was ratio the ment; Jamaica, in treat- emergency hospital received who lence of vio- victim female for every males were 2.6 there Eldoret, Kenya, in for instance, females; than males among higher substantially tion are homicide, of violent non-fatal rates victimisa- for violence-related injuries each year. with As hospitals in treated people young are million 28 In other words, between 4 and 8 4and other In words, between 32 33,34,35 Also as for homicide, 29,30,31 objects, fists and feet. and fists objects, blunt knives, by but firearms, by caused not est proportion of non-fatal violent injuries are larg- the however, violence, homicidal Unlike violent the before orshortly during incident. and perpetrators having consumed alcohol proportion alarge of and victims of victim, the or friends acquaintances being perpetrators the of male-on-male violence, with the majority of course the in largely sustained treatment are violence-related injuries leading to hospital responded ‘yes’. This was also reported by 9% byresponded reported 9% ‘yes’. also was This Jordan in boys of the 15% 29% and girls of the boyfriend or girlfriend hit, bybeen slapped or on their hurt purpose in the had they if past Asked of countries. range awide in 12 months, physical violence within intimate relationships of levels shown significant has data ofsis the between 2003 and 2005. analy- Preliminary violence 15, on dating information collected 13 to aged students with Survey, conducted Health Student School-Based Global The before marriage. girls boys and traditions may prohibit relationships between other whereas countries, cultural industrialised the home and in children on chapter violence the against see family). marriage, early violence Dating within (for partner is common todating more formal courtship and marriage casual and in together time spending simply from range take relationships the forms The lescents. up ado- for of many growing part are sex) same frequently, less oppositeof the (and, of sex the Intimate and dating relationships with peers and dating relationships Violence within adolescent intimate 36 37 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 291 of the girls and 16% of the boys in Namibia, Coerced first sex 6% of the girls and 8% of the boys in Swazi- For many adolescents, the first experience land, and 18% of the girls and 23% of the boys of sexual intercourse is unwanted or actively in Zambia (see Figure 7.1).38 coerced; Figure 7.2 shows the prevalence of A 2001 study of intermediate and secondary forced sexual initiation reported in stud- school students in the USA (75% of them ies from several countries, and illustrates the under the age of 18) found similarly high levels extent of sexual violence among adolescents. Outside child marriage (see the chapter on of physical violence, and also psychological violence against children in the home and violence. It also found that physical violence family), much of this initial sexual coercion is rarely occurred in the absence of psychological perpetrated by peers, including in the context violence, such as name-calling, insults, swear- of an intimate relationship. ing, and threats of physical violence.39 292 Research indicates that the younger the age of The International Dating Violence Study, sexual initiation, the more likely that it was conducted at 31 universities in 16 countries coerced in some way.42,43,44,45 This is particularly across Asia, Latin America, the Middle East true for girls, who face a greater risk of forced and North America, found a high prevalence first sex than boys. The WHO’s Multi-Coun- of physical violence perpetrated by both males try Study on Women’s Health and Domestic and females against their dating partners (17% Violence against Women found that women to 38% of males and 17% to 48% of females).40 reporting first sex before the age of 17 were Although this study surveyed young adults more likely to report forced sexual initiation than women who reported later sexual initia- (mean age: 22 years), the findings point to tion. Of women who reported first sex prior to the reality that intimate relationships among age 15, between 11% and 45 % reported that young adults and adolescents worldwide are it was forced.46 characterised by high levels of aggression. In addition to forced sexual initiation, many VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE SEXUAL VIOLENCE children experience ongoing sexual coercion from boyfriends or girlfriends (see Table 7.2). Sexual violence against children can have a dev- While available studies suggest that physi- astating impact on both physical and mental cal violence in intimate relationships (see health, and can lead to suicide, HIV infection, above) occurs at similar rates for girls and or murder of the victim in the case of ‘honour boys, girls are at much greater risk than boys killings’.41 Far too often, the violence is carried of sexual violence within intimate and dating 47 out with total impunity for the perpetrator. relationships. One study of sexual coercion among young people in Kenya found that for females who had experienced sexual coercion, Namibia, Swaziland, Zambia. Swaziland, Namibia, cdc.gov/gshs) for surveys conducted in 2003-5 for Jordan, http://www. or (http://www.who.int/chp/gshs Organization Health World The Survey: Health Student School-Based Global the by Study the to provided Analysis Source: 12 months last the in on purpose them or hurt slapped hit, or girlfriend Percentage of whose students boyfriend FIGURE 7.1 10 20 30

0 Percentage Swaziland Swaziland (N=7341) 6 Females Males 8 (N=6367) Namibia 9 16 (N=2257) Zambia Zambia 18 23 (N=2457) Jordan 15 29 ages of 9 and 16 of 9and occurrence. first ages atthe coercion were the sexual between reporting of men 16, of 9and 40% ages and the between one-third said that the first experience occurred coercion, women Among who sexual reported of 18. ator age before the occurred females and found that most sexual coercion of both males Study of Relationships and Health Australian assailant the as or recent acquaintances strangers tified raped before were they 15 old, 21% years iden- women been who having reported African of not South did know. child the asurvey In people by violence sexual of seriousness and shows range the studies selection of available some A who assault. the may have planned of people, include variety awide can petrators an additional 27% with acquaintances. occurred intercourse en’s sexual of forced with experiences steady wom- of young adolescent and 54% found that or casual partners, and acquaintances (22%). and (28%) husbands by (51%),tors followed boyfriends were most the common perpetra- assaults on children in many countries. also perpetrate a significant but circle, people outsidecircles family these number of sexual child, either from the family or within the by someone to themonly perpetrated known Sexual violence against children is more com- community Sexual violence by in strangers the of sexual abuse wereof sexual strangers. of perpetrators the 28% that reported China Hong Kong Special Administrative Region of 34% of under-1834% atahospital treated girls 57 . Chinese college students in the in students college . Chinese 48 A study in Thailand Thailand in Astudy 58 In Hungary, 7 50 49 52 The Per-

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 293 “In all countries children with disabilities continue to experience violence at equal to or higher rates than children without disabilities. They are often perceived as not worthy of dignity and respect. We must remember that children with disabilities are ﬁrst and foremost children. They, like children without disabilities, must have the right to be free from violence, they too have the right to be respected and protected. It is our legal responsibility to ensure that this happens”. Charlotte McClain-Nhlapo, Editorial Board of the UN Secretary-General’s Study on Violence against Children

FIGURE 7.2

Rates of forced sexual initiation involving adolescents for the period 1993–1999

30 Cameroon (N=646) 37

a,b 32 Caribbean (N=15695) 48

5 Ghana (N=750) 21

7 Females Mozambique (N=1659) 19 Males

c 0 New Zealand (N=935) 7

11 Peru (N=611) 40

6 294 South Africa (N=1975) 28

United Republic of Tanzania 7 (N=892) 29

USA (N=2042) 9 01020304050 Percentage Rates are based on those who have had sexual intercourse. a) Antigua, Bahamas, Barbados, British Virgin Islands, Dominica, Grenada, Guyana, Jamaica and Saint Lucia b) Percentage adolescents responding that ﬁrst intecourse was forced or “somewhat” forced c) Longitudinal study of cohort born in 1972-1973. Subjects were questioned at 18 years of age and again at 21 years of age about their current and previous sexual behaviour

Source: Krug EG et al. (Eds) (2002). World Report on Violence and Health. Geneva, World Health Organization

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE following sexual assault reported having been lence, were received by the Study. Children assaulted by a stranger.59 In some cases, sexual with disabilities may be targeted by others in violence is accompanied by or associated with the community, fuelled by stigma and preju- abduction or trafficking. dice. Services that cater well for their needs are still the exception. The vulnerability of ISSUES OF SPECIAL CONCERN children living on the street was strongly emphasised in Regional Consultations. Physi- Reports of violence experienced by specific cal and sexual violence by figures of authority groups of children, or particular situations in such as coaches, religious leaders and teach- which children seem to be at high risk of vio- ers was widely mentioned, although hard data on children between adistinction have drawn 1980s, the Since of analysts children. egory cat- ill-defined and alarge are children’ ‘Street the street Violence against children living on HIV/AIDS. by affected of plight children the and trafficking, about were concerned regions tributors all from or dispersed within the community, while con- voiced about of the children safety in camps persons, concern displaced was and refugees of numbers large with regions In scarce. are intercourse. sexual coerced on 12 reporting 9to grades students school High c) b) Of the 1753 respondents included in the analysis, about 6% of the intercourse. males of and 30% the females sexual had never had been married. have who adolescents those on based are Rates study. the in adolescents of Totala) number TABLE 7.2 relatively small proportion – less than 10% 10% than less – proportion small relatively COUNTRY “It is easy to get beaten if you are a street boy. People can rape you. Men can beat a boy and rape him. him. rape and aboy beat can Men you. rape can People boy. astreet are you if beaten get to easy is “It the street and children children and street the Thailand Nigeria Kenya China USA – Adolescents reporting sexual coercion: selected surveys, 1999 –2005 surveys, selected coercion: sexual reporting – Adolescents 54 53 52 55 55 51 POPULATION yr itit20 ,1 10 –24 2,712 2001 Nyeri District STUDY lta tt 004281 14. 32.0 45.0 12 –21 4,218 2000 State Plateau ogKn 998321 81. 17.0 16.9 15 –18 8,382 1999 Hong Kong Chiang Rai Rai Chiang National 2005 13,953 13 – 18 – 13 13,953 2005 National Province of Boy, 12, living in the street, Eastern and Southern Africa, 2005 Africa, Southern and Eastern street, the in living Boy, 12, the street. There is nothing you can do but run away if you are lucky.” are you if away run but do can you nothing is There YEAR 60,61 01821 12. n/a 28.1 15 –21 832 2001 A large numberslarge of have children become based where regions many in cities are there theless, dren actually have functioning families. None- research established that many of these chil- However, America. Latin and of Asia countries various in on streets lived the children rootless of millions that thought it was past, the In considerable pride.with their representative organisations, sometimes ratively, it is alsochildren’; although used the term can be used pejo- by many childrenis normally characterised by the term ‘street and group habitat. This their as adopted street the have actually – of visible on streets those the Sample size SAMPLE a Age group (yr) b c FORCED SEXUAL eae Males Females INTERCOURSE PERCENTAGE PERCENTAGE 0811.0 20.8 084.2 10.8 REPORTING I 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 295 “They treat you badly. You don’t feel like walking in the street, they give you names. They whisper when you pass. They take it that when one person in the house is sick, all of you in that house are sick.” Girl, 16, Eastern and Southern Africa, 2003 II

in the street, and who rarely or never go home. In Nairobi, for example, local NGOs estimate numbers to be as high as 20,000.62 In China, one countrywide estimate was 150,000,63 and in Indonesia it was 170,000.64 The majority of children living on the street everywhere are boys.65 Discrimination and violence against children living on the street often stems from the stigma associated with having no family (of course, many do have families) and with the activities they may have to adopt to survive. Children

living on the street everywhere report being Pirozzi Giacomo UNICEF/HQ05-1829. 296 demonised for activities which – even they involves petty offences – in no way warrant the UKRAINE, 2005, Two boys sniff glue in a sewage pipe in kind of cruel and gratuitous violence to which the port city of Odessa. they are often subjected.66

Murder of children living on the street has been Girls and boys living on the street are vulner- reported from Colombia, Brazil, Guatemala, able to sexual abuse from many individuals, 67 and the Philippines. Appalling brutality has including from passers-by and from those been documented in the Haitian capital of Port- who offer them shelter.70 They also risk being au-Prince where the 3,000 children who live recruited by pimps and traffickers for sexual on the streets are frequently targeted by armed and economic exploitation, or having to resort vigilantes.68 The extent of serious human rights to ‘survival sex’ (sex in exchange for food or violations may be much greater than the few and shelter).71 unreliable available figures indicate. Many cases VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE are not reported because of the lack of witnesses, HIV and violence in the community or because victims or their relatives live on the fringes of society, and tend to remain anony- Children whose parents are ill because of HIV/ mous. The World Organisation against Tor- AIDS or those who have been orphaned by the ture reported that in Ciudad Boliviar, Bogota, disease face psychological violence, stigma and Colombia, 850 children and adolescents were discrimination. They may be rejected by their assassinated between 2000–2004, and that 620 friends and schoolmates, as well as at health were abducted between August 2003 and August centres. In addition to the grief and loss they 2004. The national police force was among feel, the estimated 15 million orphans due to those cited as being responsible for this.69 AIDS face growing up without adequate bond- questionnaire Independent to the ernment Expert’s responses anumber of in Gov- issue aserious rated was by police children of level The violence against Violence by police vulnerable to sexual abuse. particularly are girls and communities, of their members other and members family extended from sexual) and emotional (physical, abuse Many of these children are vulnerable to excluded, part as of outright discrimination. of of being love alack reported afeeling and have Zambia in Orphans work. of tribution of food,perhaps, or dis- allocation the the in in against members – discriminated family families. They may be treated as second-class extended to or families foster to move orphans continue when even can trauma Psychosocial orphans. are on street the living of children majority the Zambia, Lusaka, In orphans. are of children street 50% Congo, almost zaville, of children orphaned number of increasing the because most likely by HIV/AIDS. townsrising in and many cities, sub-Saharan In Braz- are children of numbers street overall the that indications clear are there who on street, live the portions or numbers of pro- the estimates no meaningful of children are there While no options had available. they orphanedinitial solution was unsustainable or because by HIV/AIDS the either because support, family or extended without family themselves find children of these Many support emotional from parents. and ing deeply embedded and socially accessible than than accessible socially deeply and embedded more far are of justice where systems societies Even in consultations. and reviews regional 76 , and was acommon theme in was , and 73 72 extrajudicial Asma Jahangir reason for continuation. its reason impunity such conduct enjoys is important an of level The investigated. rarely is petrators) per- against (or inaction children lence against of world, the policevio- other parts many in tionnaire response to the Study the to response tionnaire State. were extra-judiciallyLocal executed NGOs 2004. March May and 2002 between centres by agents allege of the detention in of 23died people age the under that young and of 59 children atotal Honduras, In 41 of these institutions. corrective in years victims for liberty deprived of their court, sentation in without repre- and offences, loitering or petty with may becharged they by police; arrested onliving the street frequently are and harassed in police lock-ups. subsequently and station; way police tothe the on arrest during on street; the casually place may take This torture. and assault, sexual ings, beat- including brutality, widespread reveal elsewhere and Sudan Papua Guinea, New Guatemala, Egypt, Bulgaria, in Studies street. on the working and living children against violence police to attention drawn have NGOs rights human 1990s, the Since international of violence. police atrisk dren with ‘juvenile delinquency’, places many chil- equates children’s street on the that presence perception the combined with This, reprisals. fear understandably they whom from police, one to report police violence to, except other pendent monitoring have children no systems, 80 Following her visit to Brazil in 2004 in her Following to visit Brazil , summary or arbitrary executions , the UN Special Rapporteur on Rapporteur Special UN the 78 Kenya reported in its ques- 77 Without inde- Without 79 that children 7 , ,

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 297 WHEN TRADITION MEETS SUPERSTITION

Violence against children labelled as witches or sorcerers has been documented in many countries. Reports from West Africa (notably Benin, Cameroon, Gabon, Liberia and Nigeria) have documented cases of children who have been driven out from their families, marginalised by society, and subjected to physical violence including torture, sometimes resulting in fatalities.74 In the Democratic Republic of the Congo, where churches specialising in the exorcism of evil spirits have increased in number, accusa- tions of sorcery are no longer exclusively made against older women living alone (the traditional target of such charges) but also against children, many of whom swell the 30,000 children already living on Kinshasa’s streets.75

298 reported that victims of police violence and sum- negative and uncomfortable experiences, rang- mary executions tend to be young Afro-Brazil- ing from mild sexual harassment to abuse. A ian males between the ages of 15–19 years, who Danish pilot study (1998) also revealed that are often involved in criminal gangs.81 about 25% of athletes under 18 knew about or had experienced situations of harassment by a Violence by other authority figures coach or trainer. A Norwegian study compar- While police are the authority figures most ing the prevalence of sexual harassment in and often mentioned in relation to community outside the context of sport suggests that twice violence against children, it is clear that many as many athletes as non-athletes have experi- other people with responsibility to supervise enced sexual harassment from coaches and 82 or defend children regularly abuse the trust other authority figures. In the case of faith- implicit in their positions. These include sports based orgsanisations, information tends to be coaches, religious authorities, youth club work- limited to media reports and systematic data ers, and teachers (the latter are discussed in the from various faiths is seriously lacking. VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE chapter on violence against children in schools Although these cases do not represent the com- and educational settings). plete spectrum of situations, they are warning In recent decades, long-held assumptions signs that should be taken very seriously. about the purely positive impacts of organised Violence against sexual minorities activities for children have been shattered by reports of physical and sexual violence against Media reports, cases documented by human children in sport- and faith-based activities. In rights groups, and anecdotal evidence by vic- 1998, studies in Canada and Norway revealed tims themselves indicate that violence against that over one-third of young athletes had had young lesbians, homosexuals, bisexuals and represents particular difficulties. by this war), displaced those particularly lies, fami- refugee for many case the is present (as not are or husbands wheresecurity, fathers and to rely on informal may beforced Communities tasks. out or these traditional methodsof of high conditionsother domestic supplies –creates risk of water of and firewood, – notably fetching the sexual jobs to women children ment and of certain assault as they carry terms of gender-based violence. terms in persons, particularly displaced and refugees for settlements problem and ous camps in beaseri- can physical insecurity inhabitants, for havens their besafe can camps well-run people globally. Although displaced and gees 19.2 are there refu- that million It estimated is persons returnees and internally displaced Violence against child refugees, punishment. that accept domestic violence and corporal attitudes way as much same in the culture, lar popu- and traditional both in ingrained also sexual minorities. Discriminatory attitudes are violence against encourage can attitudes, cal exist in some countries,Laws outlawing same-sex behaviour which as well as stereotypi- police. and clergy teachers, peers, with perpetrators including members, family transgendered individuals is widely prevalent, redress. and of reporting means and ofvivors attack, for sur- enforcement, sanctuary law regular goodlighting, buildings, lacksecure camps 90,91 Moreover, the traditional assign- “At the river we are beaten by the owners of the wells, the women. They shout at us us at shout They women. the wells, the of owners the by beaten are we river “At the “Why didn’t you come with your own wells from [your own country]?” country]?” own [your from wells own your with come you didn’t “Why They beat us with hands but also beat us with bottles and sticks.” and bottles with us beat also but hands with us beat They 86,87,88,89 83,84,85 Many Girls, Eastern and Southern Africa, 2005 dren in refugee camps. including information on violence chil- against Yemen Zambia), Thailand, and of Tanzania, Sierra United Leone, the Pakistan, Republic Ethiopia, Guinea, Kenya, Mexico, Nepal, d’Ivoire, Côte out (Bangladesh, 13 in countries carried published astudy sioner for Refugees United the Commis- Nations 2006, In High camp, where men confessed to raping young to raping where mencamp, confessed fromone refugee examples cites two study of detentionlength beimposed. might The or fine aminimal aminor, was asmall victim the if although survivor, the tomarry agreed were Some they absolved rapists if ishments. pun- negligible only women draws and often of rape girls found that study For the example, themselves. elders from refugees among the many of which administered are by traditional resolution dispute systems, camp lence through of vio- such to victims available was redress In many camps. the in arising issue justice cases, most second the pervasive as onlywas to theft little domestic for violenceSierra Leone example, gender-based In violence. and form of sexual formal most the commonly reported was veyed, and sur- countries the all in widespread –was law protection daughters-inas such family ofmembers the other and children, spouses, violence against include can which – violence Domestic orlence. gender-based and vio- of sexual broad category the under fall camps refugee surveyed the all in that a high proportion of crimes study’s the was concern finding andOf particular disputes refugees. onenearly million of population a total haverently 52 and camps 92 These countries cur- countries These III 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 299 girls who were described respectively as “one for children to recover and regain a sense of physically and one mentally handicapped routine and normalcy. Although many factors minor.” As punishment, the men received six can affect children’s coping mechanisms, cul- months detention for crimes which would have turally relevant forms of counselling and spe- resulted in far lengthier prison terms under the cific support to restructure the way they think national law of their host countries.93 about their experiences and develop positive skills can be of assistance.97 Violence may also be perpetrated by people in authority or in support positions. A recent Trafficking of children report from Liberia found that girls between the ages of eight and 18, especially from age Since the 1990s, the substantial traffic in 12 upwards, had been regularly selling sex to human beings, including children, within camp officials, humanitarian workers, peace countries and across international borders has workers, and Government employers, usually aroused major international concern. Statistics 300 because of extreme want.94 on trafficking are imprecise, but the Interna- tional Labour Organization (ILO) estimated When dispersed in urban settings, it is much in 2003 that 1.2 million children are trafficked more difficult for assistance programmes to every year.98 The phenomenon is complex, and identify, monitor and support displaced per- interacts with poverty, labour migration flows, sons. They may be hidden among already under- demand for cheap labour, and perceptions or served, poor local populations in shanty towns misinformation relating to a better life ‘else- or scattered over broad, densely populated areas where’. Where children are not registered, the with limited infrastructure and access. lack of identification documents compounds the trafficking problem in that children Children who are resettling in their home become easy targets for traffickers, and once country can also be at higher risk of violence.95 trafficked they are effectively ‘lost’.99 A study of children in Zambia, South Africa and Angola who had been long-term refugees In certain settings, infants are at particular reported children suffering from violent dis- risk of abduction for trafficking. For example, VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE crimination because of their status both as ref- in Central America there are reports of infant 96 ugees and as returnees. This treatment comes kidnapping for the US adoption market, some- on top of the harrowing violence witnessed (or times directly from the hospital shortly after experienced directly) by many children in their birth.100 country of origin or on the journey to their host nation, a problem which was not always In some areas, there are reports of young addressed by the services available. However, children being trafficked for begging. At the emerging studies on resilience suggest that Cambodian border, parents sell or lease their family support and having structured educa- children for use as members of begging groups tion and recreational activities are important in Thai venues.101 Begging in transport hubs, West Africa into Italy. The trade from Eastern Eastern from trade The Italy. into West Africa from girls have teenage as East, Middle the ficked into sexual exploitation in Pakistan and of children from Bangladesh have been traf- Thousands for Thailand. Myanmar in and India, in for outlets Nepal in operate similarly Traffickers cities. various in trade into sex the entry is reality the employment life, city and of is domestic girls’ expectation the while that, suggest areas coastal in communities traffickers recruiting girls from poor village For of reports India, professional in example, of work). places in children lence against on chapter vio- the or (see tude debt bondage agricultural plantations in conditions of servi- domestic work to prostitution, or labour on Such situationstrafficked. from range low-paid are they into of which situations kind the and placement, for ‘job’ waiting held while captive of course voyage, the their during being tims proportion of vic- by asignificant experienced abuse sexual and include physical lence. These he or she is vulnerable home community,from the the and however, to many forms away is home child Once to the help family. the of vio- remit money can child the job, that paid and awell- gain life, in improve chances child’s the to opportunity an offered being are they believe who may parents, the with directly deal fickers traf- and ment. recruiters For many example, many cases it begins with deception or involve may but entice- abduction, in Trafficking of Europe. into and other parts cally through the trafficking of children domesti- ‘exported’ is and workof Romania child in public acharacteristic and is places parks car so they used to beat me up and I was in a lot of pain because of that. I realized they were trying to traffic me me traffic to trying were they Irealized that. of because pain of alot in Iwas and up me beat to used they so “ My job was to make 2-3,000 beedis (cigarettes) in 24 hours. I didn’t know how to make beedis beedis make to how know Ididn’t 24 hours. in (cigarettes) beedis 2-3,000 make to was My job somewhere else so I tried to run away, but they noticed and I was tortured.” Iwas and noticed they but away, run to Itried so else somewhere Boy, 13, from trafficked Bangladesh to India, South Asia, 2001 102 103 larly well documented. well larly simi- into is Europe cities Western European to their country of origin. country to their immigration authorities, and risk deportation by police the or may bedetained they escape, or rescued are children trafficked Where re-trafficked. being sorisk and circumstances, gohome children social cases, to unchanged ficulty in findinglanguage or of reaching the host country, so home. willundocumented have and often unable to the speak dif- In many A trafficked child is generallyprostitution. of to alife community, return may and and family by their rejected ‘unclean’, often are girls or immoral as viewed are they because escape: Victims often face stigma if they manage to against children are found or begin in the in found or are begin children against contributing factors to key violenceMany INDIVIDUAL AND FAMILY FACTORS TO VIOLENCE FACTORS CONTRIBUTING tution, or illegal immigration. prosti- theft, as such captors, their by coercion mitted involvement as com- offences posed or in actual a resultas if they were criminals of because of their sup- being treated often are of trafficking victims Child trafficked, future. their affecting decisions when making or right to interests to beconsulted their best or of child’s to without the attention paid place any courts or other authorities. Repatriation takes either to the without referral occurs typically reported from countries in every region and 104 IV 105 This has been has This 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 301 “When I come out of my house the people point at me and say. Why don’t you stay in, look at you! You cannot walk properly.” Boy, 12, with physical disabilities, South Asia, 2005 V

home, and have therefore been covered at some tors in the community can precipitate violent length in the chapter on violence against chil- events that might not otherwise occur. Three dren in the home and family. For the purposes of the most important are: widespread access to of the present chapter, it is important to point firearms, alcohol consumption, and the char- out that these include individual factors (bio- acteristics of the physical environment. In situ- logical make-up and personal history of both ations where these factors are present, young the child and his or her family members) and people who have no prior history of violent relationship factors (how the child interacts behaviour and who are not continuously vio- with parents and siblings) which affect the lent may nevertheless react violently, and with likelihood that a child will become a victim serious consequences. A fourth important situ- or perpetrator of violence. For example, chil- ational factor is the presence of gangs or organ- dren who show early signs of hyperactivity ised armed groups within the community. and poor attention span (individual factors), or who grow up with poor parental supervi- Firearms 302 sion, parental aggression and harsh discipline (relationship factors), are at a higher risk of It is estimated that several hundred thousand involvement in violence either as victims or people die from firearm-related injuries each perpetrators in later years. year. A large proportion of these deaths are due to homicide and suicide.106 The number of Many of these factors – as well as the physical and non-fatal firearm-related injuries is unknown, psychological symptoms that indicate a child’s but is likely to be many times greater than experience of violence –may be identifiable by the number of deaths. Adolescents and young trained professionals such as teachers, social adults are the primary victims and perpetra- workers or medical staff, but also by members of tors of firearm-related violence in almost every the community. This is particularly true if com- region of the world.107 munity members’ awareness of violence against children has been raised by interventions. For instance, firearm-related mortality in Brazil has increased significantly for all age

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE The important point to draw from this is that groups since 1991, but death rates due to fire- while these risk factors are located at individual arms have risen the most among children and and family level, it is at community level that adolescents aged 10 to 19. In 1991, 55.7% of many of the key preventive interventions and homicides involving 15–19-year-olds were responses to violence must be delivered. These firearm-related, while in 2000 the proportion are discussed below in the section on responses. amounted to 77%.108 In the State capitals with SITUATIONAL FACTORS the highest adolescent firearm-related mortality rates (between 102 and 222 per 100,000), Many years of research and experience confirm rates are 5 to 11 times those of the overall rate that the presence of several key situational fac- for all age groups.109 reported by 12–18-year-olds involved drink- involved 12–18-year-olds by reported violent 45% incidents Finland, of in all cents: adoles- for violence and alcohol between links the demonstrated have studies Several alcohol abuse is spreading. of culture ayouth that concern agrowing is there and drinking, episodic heavy in engage to population older the than likely more are people young general, In consumption. hol of alco- acceptability social the regarding norms cultural by wider determined partially are and countries, among widely people vary Patterns of alcohol use by children and young for targets perpetrators.drinkers some young make may situations dangerous in signals to interpret warning ability and trol confrontations, while impaired physical con- to produce violent escalate and increase may levels aggression their and self-confidence, Young people alcohol to their bolster may use ies, alcohol is common in social situations. dren in community settings. In many societ- factor inaffected violence by this. Alcohol directly often are children ner is and violence, also against an important Alcohol and by older is a chil- knownAlcohol factor in intimate part- groups. age all in girls than drunkenness report and or more, with boys more likelythe children reported to having use been drunk twice alcohol of 15-year-olds.29% one-third of More than and 13-year-olds of 12% 11-year-olds, of 5% regular alcohol consumption was reported by countries, 32 European across that found Study Children School-Aged in Behaviour 112 111 The Health 110 victim. and/or of perpetrator the on part the ing associated with drinking. significantly violence was such months, three previous the violence in someone through injuring physically reported 15–24-year-olds lighting achieves reductions in crime through Evidence is emerging improved that street victimisation. of fear reduce as well as crime improved help can street prevent lighting, as such design, for Environmental violence. settings potential are they whether determine The physicalgirls. and gender-based violence, most of it against designof safety in publicresearch spaces of aschildren become on a prey to risk violence. For refugees example, for public sexual on and whetheror not and community adults the in within relationships Africa social on bearing cites spaces important have an well-being, ive of family the lackavailability of services and amenities can support- the layout, and of and settlement its density of fabric, acommunity’s nature The physical Physical environment twenties. early the in peak usually and adolescence throughout age with involvementrelated violence increase in alcohol- of levels that shown have Australia Wales and and England Finland, in Studies females. and weapon-related violence for males both with associated significantly was year last the in alcohol Youth used Survey, having Health Caribbean the in participating year-olds 119,120,121,122 113 115 In the Philippines, where Philippines, 14% the In of 116,117,118 114 Among 10–18- 7 123

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 303 increased community pride and informal social million children). One in five does not have control rather than as a result of increased sur- access to safe water (approximately 400 million veillance and deterrence. children). While child homelessness is perhaps the most visible and dire violation of children’s Seriously inadequate housing, and overcrowd- housing rights, all violations of housing rights, ing within both dwellings and neighbour- from forced eviction to inadequate housing con- hoods can have a damaging effect on child ditions, have special ramifications for children. nurture.124,125 Among the most frequent community health concerns related to family While forced evictions are universally detrimen- housing are the inadequate supply of afford- tal to all their victims, they have special impli- able housing for low-income people and the cations for children. Forced evictions are often increasing spatial segregation of households accompanied by violence, particularly against by income, race, ethnicity, or social class into women and children who are most likely to be unsafe neighbourhoods.126 The increasing at home when such a procedure is carried out. 304 concentration of poverty can result in physical Evidence suggests that in response to the vio- and social deterioration of neighbourhoods, lence, panic and confusion so often characteris- resulting in housing disinvestment, deterio- tic of forced eviction, many children experience rated physical conditions, and reduced ability recurrent nightmares, anxiety and distrust. The of formal and informal institutions to main- impacts on family stability and the emotional tain public order. well-being of children can be devastating, even when evictions are followed by immediate relo- Forced evictions cation. Children also have recounted increased incidents of violence within their own homes Recognition of the right of the child to a stan- after a forced eviction had taken place.127,128 dard of living adequate for his or her physical, mental, spiritual, moral and social devel- Gangs opment is set out in article 27 of the CRC, and is fundamental to ensuring children’s Gangs are an important factor in violence security and to protecting them from violence. among and against children in many parts of VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE Adequate housing, along with adequate food the world. UNICEF Country Offices in the and clothing, is considered to be an element Philippines, Vietnam, Mongolia and Cambodia constituting the right to an adequate standard all report worrying levels of gang fights and vio- of living (article 11 International Covenant on lent gang initiation practices among some of the Economic, Social and Cultural Rights). poorest communities, often involving children living on the street.129 In addition to violence In its 2005 State of the World’s Children Report, directed outside the gang, it may also be used UNICEF reported that more than one out of against members who fail the gang, refuse to every three children in the developing world carry out a leader’s order, or are in breach of its live in inadequate housing (approximately 640 internal rules.130 ised armed groups acting outside defined war war defined outside acting groups armed ised process about children’s involvement in organ- concernsgangs, were during raised the Study In addition to adolescent street-based youth negative stereotypes. identity Latinos as when they felt thwarted by apositive to find cultural joined gangs they found that America Central and Mexico from nographic study of immigrant school children eth- an USA, the In safe. orficiency feeling economic suf- of achieving means only the is gang membership; in others, gang affiliation at home to seek prompt may teenagers young support emotional and of nurturing lack cases, some In of reasons. for avariety – join gangs but –mostly not exclusively boys children that remembered be itshould behaviour, antisocial of other forms and violence, crime, –with mind public’s the –in associated universally almost are of boys on streets the gangs Although gangs. other with competition enter into aggressive why and boys’ girls gangs than to join gangs more why boys are inclined part, in explains, that way for and boys to prove manhood their normal and ahealthy considered is fighting, including aggression, verbal and physical ies, societ- many in shows that, violence. Research extreme and activity to teachers criminal and students expose schools can around and in ing operat- gangs drawn, is membership their ever non-school-goers,among or from How- both. from among school students, exclusively from exclusively membership bedrawn may Gang also engage in violence. in engage also may of boys, they gangs like up and, of girls 131 However, there are also gangs made made gangs However, also are there 133 132 was 15–16.was average where the of exception Nigeria, the 13,boys tended to join groups such was with atwhich age average the found USA) that the and Philippines, the Ireland, South Africa, Northern Nigeria, Jamaica, dor, Honduras, in 10 countries (Colombia, El Salvador, Ecua- groups such investigated that study A recent and organisations. paramilitary ethnic or religious militias, vigilante groups, trade), drug the in those (including sations organi- crime include organised These zones. of gang members appears to bedecreasing. members appears of gang harsher legal regimes than others. than regimes legal harsher under minors certain would place that islation leg- such of any on eradication the be focused must protection agencies child international repressive tactics. repressive with only violent when faced increasingly and organised more become to tend groups armed problem; worsen the and and equate problem inad- by are this affected countries most in systems penal juvenile and justice deal with the root causes of the problem; the it not does reasons: for several be ineffective tend to solely on repression will afocus that suggests evidence However, available box). dren involved in organised armed violence (see chil- with todeal sive enforcement law tactics repres- using tried have Governments Many parties. non-involved and members murder of the group fellow including violence, of acts in involved directly were groups armed for working children found that study The 134 Alarmingly, however, age the Alarmingly, 137 Continued pressure from pressure Continued 7 136 135

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 305 REPRESSIVE ANTI-GANG POLICIES IN LATIN AMERICA

Levels of youth violence are high on the agenda of public debate in Latin America.138 Growing concern with youth violence, particularly that associated with gangs, has led some countries of the region to adopt repressive measures and legislative reforms that not only contradict human rights principles but that may also have negative effects on the levels of violence and the organisation of youth gangs. According to the available data, children are not responsible for the large majority of crimes of which they are accused, but there is a strong belief that the adoption of international human rights standards protects children (particularly adolescents) from justified punishment and is being used as a shield by young criminals. The perceived synchronisation between the adoption of human rights standards and the increase in crime in Latin America is sometimes used to undermine important legal advances and 306 even to question the need for accountability in cases of State violence. The adoption of security strategies which focus on repressive measures is marked by a harsh rhetoric, the neglect of long-term preventive measures and the lack of data to guide and determine the impact of such strategies. In a visit to Central America, the Inde- pendent Expert was informed about recent legal changes lowering the age of criminal responsibility and repressively penalising young people for gang membership. The lack of reliable data does not allow an in-depth assessment of the impact of such policies.139 Some of these legal reforms contradicted binding human rights principles relating to children,140 and were subsequently abrogated. For example, the preemptive detention of adolescents on the grounds of supposed gang membership identified by tattoos or signals was ruled as being arbitrary in various cases. Large-scale arrests of supposed gang members have also resulted in a significant increase in the population of already extremely overcrowded detention centres, leading to violent conflicts within these insti- VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE tutions. These institutions also expose young detainees to the gang networks, thereby increasing the internal linkages of gangs and rivalry among opposing groups.141,142,143 Although criminal networks must be dismantled, the rise of violence in Latin America is unlikely to be curbed by harsh security policies.144 Rather, this requires long-term investment in a number of policies to reinforce protective factors and limit risk factors. The identification of the best strategies to deal with this growing concern is predicated on reliable data and good data collection systems. The success of security measures is also linked to the capability of Governments to stop the violence and corruption which may exist within the security forces, and to ensure access to justice, particularly to the poor. TERRITORY CONFLICT – THE CASE OF THE OCCUPIED PALESTINIAN OCCUPIED THE OF CASE –THE CONFLICT ongoing conflicts. conflicts. ongoing the in violence this of causes root the OPT, rather Addressing than its symptoms, settings. only requires different in contextualising children the violenceagainst within the violence in increase to an leading families, and communities within and between tions rela- apply which on deeply affect mobility restrictions reinforced and renewed the and OPT, the of in those on lives the has occupation Israeli the pressure increasing The level, poverty the below living were children Palestinian of of second the start population OPT, of53% (1,954,000) the the total of since the sharply have deteriorated who comprise for indicators children, Development rights human and (OPT). ritory Ter- Occupied Palestinian fromthe children of Palestinian lives the deeply affected have of conflict decades four More than ongoing conflict. the not with related texts of other con- violence in risks the to affect tends community the violence in Political VIOLENCE AGAINST CHILDREN IN SITUATIONS OF ONGOING girls have been used assexual slaves. or support porters, bein positions; fighters, as perform can abduction, sothey napping and kid- to mass children –have exposed Nepal and Uganda Northern in as ongoing –such are unrest or conflict which in situations Some ofSituations unrest or conflict of the Congo, and Somalia, have developed a developed have Somalia, and Congo, the of Republic Democratic the Afghanistan, as such have broken down of public systems security which in countries in the wake of actual war ents report symptomatic traumatic behaviour among at least one children. of their atleast among behaviour traumatic symptomatic ents report out nine of that 10 indicates par- children of well-being Palestinian psychosocial to the intifada intifada (September 2000). For 42.1% 2005 in example, (822,634) 2000). (September 145,146 Other communities. ures of Governments impact heavily on their fail- These function. cannot operations or aid businesses civilian protection whose without militias, clan in men to was young available one for ‘jobs’ regions, only of example, the tral Somalia’s in cen- times southern and turbulent orDuring other resources. drugs), (especially over territory, over of lucrativetrade and forms authority for compete affiliation ethnic on groups which based in structure ‘semi-formal’ 147 and in 2003 data related 148 7 >>>

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 307 VIOLENCE AGAINST CHILDREN IN SITUATIONS OF ONGOING CONFLICT – THE CASE OF THE OCCUPIED PALESTINIAN TERRITORY

Violence threatens children in the streets, at school, and in the home. While there is a paucity of quantitative data on the OPT related to violence within families and the larger community, one-fifth of the children surveyed in a qualitative study indicated that the number one source of violence in their lives was the family, with community violence ranked as being the second most common source of violence.149 Notably, when asked to identify the perpetrators and places of violence in their lives, 43% of surveyed Palestinian children reported having experienced violence at the hands of more than one perpetrator; and almost half of them indicated having experienced violence in more than one place, including their homes and schools.150 308 More than 50% of the Palestinian children surveyed affirmed that their parents were unable to meet their care and protection needs.151 This sentiment was echoed by the parents themselves, with more than 43% of Palestinian parents feeling that they were unable to provide adequate protection and care for their children.152 Studies contextualising the root causes of violence in the family found that the combination of lack of resources in the family and subsequent stress that this places on the family caregivers is a significant predictor of family violence in the OPT.153 At home and in the classroom, adult caregivers have noted signs of increasing anger and aggression among children.154 In school, teachers have noted higher levels of stress, disobedience, irritation, and reduced concentration and confidence among students.155 Teachers also report an increase in violence between students, particularly boys, while parents report that children are acting in an increasingly aggressive manner towards friends and siblings. VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE Safe areas for children The lack of safe places for children to play and interact seems to be related to the prevalence of various forms of violence that take place in areas marked by conflict. Local-level partnerships between municipalities, NGOs and local authorities have been forged under the Child-Friendly Cities initiative in four locations in the OPT: two in the Gaza Strip (Rafah and Gaza City), and two in the West Bank (Jenin and Jericho). TERRITORY CONFLICT – THE CASE OF THE OCCUPIED PALESTINIAN OCCUPIED THE OF CASE –THE CONFLICT pass through the Israeli checkpoint. to permission get to try parents their as wait children Jerusalem, and Ramallah between road the On 2003, June BANK, WEST of for concern children. issues on key campaigns community and tions, competi- sports days, include fun Activities of numbers children. larger to reach ects proj- implement and design small themselves they and leaders, as trained are children whereby Children’s have established, been Councils activities. Municipality curricular extra- conduct weekly and to design TeamsJenin. trained have been of facilitators Safe Play Areas have been developed institutions. endorsed by participating in the most deprived location, each in for of Children Action Plans into fed have been City results their areas of Rafah, conducted, and have been they Gaza workshops children: involving and include assessments and needs Participatory for children. comprehensive developing while protection strategies The approach to planning into takes account the need to respond to emergencies, VIOLENCE AGAINST CHILDREN IN SITUATIONS OF ONGOING

UN-DPI #SHD151) unrest, potentially leading to violence. leading potentially unrest, create circumstances favouring frustration and lowest helped socio-economic groups, to has lowest andthe educational, lowest skilled for in of those economica lack opportunity together with changes, social accompanying its of and relocation process The pressure. tal environmen- and economic crisis and political come aperiod of about during has change dren than North America, this demographic chil- more now urban which contains Africa, dren. world’s the noware home half chil- to around towns and world Cities accelerated. rapidly developing the in of urbanisation process the century, of 20th the second the half During Urbanisation SOCIETAL FACTORS 157 In many regions, notably sub-Saharan 156 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 309 Although urbanisation has historically been homicide rates are experienced. It may be that accompanied by lower rates of child mortality, wealthier societies are able to provide a higher increased access to education, and improve- level of protection and social support for their ments across all social indicators, it also has poor communities than those at a lower level negative aspects including poverty, inequality, of overall economic development. changes in family structure and the break- Measures of economic inequality are powerful down of social networks – factors that all con- predictors of homicide rates of 10-19 year-olds, tribute to violence.158 Few of the environments especially boys, and this association is stronger inhabited by poor urban families are friendly in countries with lower overall gross domes- to children.159 A high proportion of new arriv- tic product (GDP).162 However, the relation- als live in informal (and, in the eyes of the ship between absolute poverty (as opposed to law, illegal) settlements. The pace and irregu- relative poverty) and violence is not entirely lar form of urbanisation has put under severe straightforward. Growth in GDP is associ- pressure the capacity of municipal authorities 310 ated with lower homicide rates, as might to provide services and amenities. Much of the be expected, but this effect is in many cases housing in newly urbanised areas is cramped, negated by the economic inequality and social flimsy, and insecure, while the surrounding exclusion that often flourish alongside rapid environment does not offer many opportuni- economic development and urbanisation.163 ties for children to play and interact safely with the world about them. Outdoor space – which Poorer communities and their children appear they enter at an early age – is often contami- to be most vulnerable to interpersonal violence nated by garbage and human waste.160 when exposed to economic and population changes that contribute to community disor- Poverty, inequality and social ganisation and, ultimately, to a community’s exclusion ability to control violent behaviour. Recent research has supported the theory that the Around 2.8 billion people today survive on imbalance between concentrations of affluence less than US$ 2 a day,161 of whom almost 50% and poverty in the same urban area could be VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE are children. Poverty alone, however, is a less an important predictor of community varia- significant correlate of violence – as measured tions in interpersonal violence. by homicide rates – than a combination of high income inequality and poverty. Although The social exclusion experienced by low- more research is needed to fully understand the income urban populations in all regions has links, emerging findings suggest that wealthier been exacerbated by trends at the international societies have lower homicide rates, even where level. The rapid pace of social and political there is a large income gap between rich and change, and economic globalisation – the poor communities. In societies at a lower adoption of domestic deregulation, trade liber- level of overall economic development, higher alisation and privatisation of services, a policy with inadequate housing and few resources. few and housing inadequate with neighbourhoods urban in mostly atrisk, those of proportion high a representing families ity living in poverty, with ethno-cultural minor- is one children four USA, in the In down. skills, high crime, ill-health, family break- poor lowcrimination, housing, incomes, poor unemployment, dis- America: Latin in those to terms similar in exclusion were described of social characteristics The tion were atrisk. of popula- 5% the that excluded, and socially being as peopleone bedescribed could million that estimated report world. UK Arecent ing develop- the in to countries confined means exclusion aproblem is by is noSocial that on children’s well-being. mous impacts 1990s the in on intensified and society generally, 1980s the in introduced was which paradigm including other factors. other among disputes, of family frequency greater of authority, constant hands at the humiliation and powerlessness worry at home alcohol, and crime as such influences andnegative the to exposure cohesion, higher ofloss the social the institutions, and exclusion from services to the growing precariousness of livelihoods, due was This decades. recent in threatened more and marginal, more secure, less become Voices ofthePoor World the in surveyed countries 2000 Bank’s exclusion. Low-income people rural in 60 economic in gap awidening have suffered off well- least of majority the the of globalisation, aspects other some and information, to access in export manufacturing industries, better people have benefited from creation the of jobs 165 Study stated that life had had life that stated Study 164 Although many many Although – has had enor-has 166 tected, respected and fulfilled. pro- better are rights these not until be made will prevention gains significant and flourishes these communities, violence against children In non-discrimination. and participation, tion, security, educa- to social rights their of health, standard attainable highest to the right their their right enjoy individuals where few communities still to an adequate worldwide needs, are there these accommodate standard to have greater never been other resources and of living, advances technological that Althoug clear. is – neglected economic social, rights and cultural long- –especially rights human totions fulfil of obliga- State urgency the settings, munity com- in children among and violence against poverty, exclusion, social and inequality and In view of the strong relationship between 167. 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 311 CYBER-SPACE AND CYBER-THREATS – THE CHALLENGES OF INTERNET AND COMMUNICATION TECHNOLOGIES

Access to information is a child’s right and has an important role in transmitting new knowledge and facilitating the adoption of life-enhancing pro-social behaviours and values. In terms of protecting children, technology has certainly helped in making information and advice more available, for example through ‘child help lines’ (http:// www.chiworld.org), and also via the Internet, although the quality is difficult to regulate. Better communication has also increased the potential for protecting children. However, where children’s access to the media and printed images is not appropriately supervised by parents or other caregivers, it allows exposure to violent, abusive and pornographic material. Many contributors to the Study voiced concern that Governments were not doing 312 enough to limit children’s exposure to images of violence and male domination of women and girls on television, films, video games and the Internet, that endorse ideas of violence, verbal aggression and sexism as norms and lower sensitivity to violence.168 A review by the International Centre for Missing and Exploited Children found an urgent need to need increase the number of countries with laws in place related to Internet child pornography.169 The specific threats to children from the internet and communications technologies (ICTs) stem from exposure to violent imagery including through video and online games, and also the production, distribution and use of materials depicting sexual violence and more specifically, child sexual abuse and pornography. While the problems of exposure have been well documented in industrialised countries, little is known about what takes place in developing countries. A study in three cities of Pakistan – Karachi, Lahore, and Peshawar – in 2001, showed that many children are exposed to pornog-

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE raphy in Internet cafes. Almost 50% of the children interviewed in the study reported visiting pornographic sites, and over 80% could name a number of such sites. Most of the children interviewed were from poor neighbourhoods, or were child workers.170 Online solicitation of children or ‘grooming’ (securing a child’s trust in order to draw them into a situation where they may be harmed) for such purposes is difficult to curtail in any jurisdiction, let alone across international borders. In addition, the phenomenon of ‘cyber-bullying’ is emerging in tandem with the proliferation of mobile phones.171 A 2006 survey in the UK showed that more than one in 10 children aged the case of older children (including teenagers), or regarding the long-term the impacts or regarding teenagers), (including of older children case the in not are clear boys.” effects The especially children, younger in behaviour or fearful of aggressive likelihood the emotions, increasing and thoughts, on arousal, effects term short- substantial has computer video, and and games on film television, lent imagery vio- “consistent is that there It up to18 evidence of concluded age. that children years violence on of media effects the examined of studies scientific meta-review A recent danger. perceived or of stress situations in behaviour aggressive todestructive toresort some individuals predispose can threat under of being about afeeling violence ideas and media-instilled that suspected It also is inflict. can kicks and punches that damage physical serious believe to children the to underestimate lead and is, it actually can much bodyis than tougher human the that films action watching that evidence some is there example, For life. real about violence in ideas unrealistic children violence give may Media environments. other in tolerated not is generally that for expression allow environments online way the the with ciated of may beasso- abuse images in interest apparent increasing the to experts, According on website forums. taken on mobile phones, and invitations to anonymous users to attack named victims of photographs of manipulation complex the involving operations bepart can actions Such about online. them information someone publishedor misleading had because messages, by threatening 11 or victimised between bullied 15 and harassed, been had the haves and have-nots, and thus lead to petty or violent crime. to petty lead have-nots, thus and haves and the of lifestyles the Internet may promote between gap envy, the consumer underline and use of ICTs.use no strong mentor in their lives are particularly or fromlow who self-esteem, have who suffer supervision, not haveparental adequate at risk of negative outcomes related people young who and do children that to ECPAT suggests hierarchies. research tional conven- disrupt and of regulation, concepts challenge others, with of images abusive multiple exchange the selves with sometimes self-representations, justify and validate them- mood, recreate their alter bitions can provided environment, users online by the 174 172 175 In addition, it is hypothesised that access to television and the 173 173 For example, in the general climate of lowered inhi- climate general the For in example, 176 7 >>>

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 313 CYBER-SPACE AND CYBER-THREATS – THE CHALLENGES OF INTERNET AND COMMUNICATION TECHNOLOGIES (ICTS)

on any age group. The researchers emphasised the difficulty of determining causation, and that aggression is related to a wide variety of factors. A number of issues remain unresolved, such as the relationship between media violence and crime, and whether individuals from violent backgrounds, or who are predisposed to aggressive behaviour, might be more susceptible than others to the effect of watching violent images. Nor is much known about violent media imagery’s interaction with mental health problems, or with viewers under the influence of alcohol or drugs.177 During the Regional Consultations convened for the Study, the challenges presented by ICTs to the safety of children were universally recognised. The Middle East and North Africa region underscored the importance of the involvement of the private 314 sector, including that relating to tourism and transport industries, in partnership with others in addressing the serious problem of trafficking of women and children, including in relation to sex tourism. Two types of sexual exploitation of under-18s in relation to tourism are noted by ECPAT International: the minority are sex tourists with a specific interest in pre-pubescent children (paedophiles); the majority are ordinary tourists who take advantage of the sexual services of children, mostly aged in their mid- or upper teens, who are made available to them. The methods of organising child sex tourism have changed over time. Whereas it was initially more common for tourists to make contact through a brothel or in a well known area of such activity, in recent years the Internet has been used – transforming and multiplying the risks for exploitation of children through tourism.178 While some major companies internationally are now committing themselves to the “Code of Conduct to Protect Children from Sexual Exploitation in Travel and Tour-

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE ism,” to stop human trafficking, including making the links between HIV/AIDS and trafficking, Governments need to make sure that a great deal more is done.179 While advances in technology have brought many benefits, efforts to extend these benefits more equitably are still needed – protecting children from the negative potential of technology is a serious challenge. The need for a focus on prevention as an absolute imperative in addressing child safety and ICTs was a message that was reiterated throughout the Study process. Greater attention paid to the prosecution of offenders, the implementation of these standards (see Table (see implementationthe 7.3). standards of these in cross-border cooperation greater and standards, national and international strong to attention for greater aneed also is There underutilised. and under-studied erally gen- also is education, and pubic including advocacy messages, useful positive and for ICTs potential vast people The young them. who to and spread use of children of ICTs, supervision the to and provide understanding adults and better parents port to sup- for aneed campaigns is There of abuse. publicationor of the images permit tent. ICTs con- their and regarding acceptable of perceptions is what and laws definitions, on countries between and within lacking is agreement region, noted it that was Africa North and East Middle the in Pacific region and and Asia East the in Consultations hosted by ECPAT, meeting From expert the Study’s atthe also Regional and Bangkok, ICTs E-strategies.” of and exploitation action plans through into national people young and and from abuse to protect children frameworks policies and tive effec- other and self-regulatory, regulatory, of “incorporating importance the reaffirmed Worldthe hosted by Tunisia Society on Information agenda 2005. the Summit The in from Tunis Society the in included Information for the agenda to ICTs specifically was nology to protect children. Increasing the protection of children while expanding tech- the access to diversifying to bededicated for need more the effort with along emphasised, also was would becaught offenders that public the reality perception and to increasing 181 Some countries of images media, children allow sexualised within mainstream 180 180 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 315 TABLE 7.3 – Current worldwide Internet usage

CURRENT PERCENTAGE OF INTERNET INTERNET POPULATION PENETRATION

Northern Africa 9,585,000 6.30 Sub-Saharan Africa 13,152,000 17 Latin America and 74,735,188 14 the Caribbean Eastern Asia 150,173,713 11 Southern Asia 58,919,000 4 316 South-Eastern Asia 52,752,600 9 Western Asia 9,320,085 8 Oceania 497,550 6 Commonwealth of 33,301,700 12 Independent States Developed countries 569,056,865 59 World total 972,828,001 15.20

Source: Microsoft (2006). Current Worldwide Internet Statistics and Trends. Submission to the United Nations Secretary-General’s Study on Violence against Children. VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE AGAINST CHILDREN IN and few have focused exclusively on children exclusively on children have focused few and countries, high-income conducted in have been studies Most of these effectiveness. programme for evidence scientific atproviding aimed studies of outcome number of aconsiderable evaluation subject have the been settings community in dren chil- to prevent against violence by and Efforts economic and ment inequalities. opportunities, employ- and schooling of policing, intensity and type to firearms, access markets, ity, drug illegal availabil- include alcohol factors These factors. community-level and risk societal in to changes 15–18-year age group) are particularly sensitive the people young (including in lent rates injury demonstrated that homicide and non-fatal vio- gency departments. Analysis of these data has emer- athospital with dealt injuries and deaths violent regarding comprehensiveable and data have reli- systems justice criminal and health some countries, high-income and middle- In risks. for as preventionpotential well the as to attention include should services and gies strate- and levels, different on many interaction facilitates community the model, ecological the of terms In community, other relationships. and theexamining broader context of family and than alone rather child the problem within the locates often too level individual on the sis over-empha- an level, individual the on focuses much research of the respond. While can ties communi- which in ways the sotoo are eted, facing the children challenges are multifac-As TORESPONSES VIOLENCE THE COMMUNITY of the Arab regional network of ISPCAN, the barriers to discussing and understanding violence against against violence understanding and discussing to barriers the ISPCAN, of network regional Arab the of children in our region are crumbling. In addition to excellent work of aawareness-raising and service service and aawareness-raising of work excellent to addition In crumbling. are region our in children Dr Hussein Abdel-Razzak Gezairy, Al Regional Director for the Eastern Mediterranean, WHO provision for victimised children, we look forward to expanding our approach to the prevention prevention the to approach our expanding to forward look we children, victimised for provision “Under the leadership of Her Majesty Queen Rania of Jordan, and growing from the work work the from growing and Jordan, of Rania Queen Majesty Her of leadership the “Under 182 of violence against children in coming years.” coming in children against violence of public health suggest that: suggest public health from the field of violence lessons Some practical settings. community in preventioncounties to prevent as violence against well children as by low- middle-income beused and can that ofinterventions policies and about range the limitations, important lessons have been learned up to 18 adolescents old. Despiteand these years • • • to make things worse. things to make appear others actually while ineffective, Some are more require testing. which show group promise that butlarger a and to beeffective, appear that anumber of strategies identifies communities. all not in certainly work, and strategies prevention all Not responsibility tocommunities. responsibility prevention allocate which and needs local highlight up approaches that bottom- against should bebalanced protective factors and society-wide risk influence prevention can approaches that required. both are approaches Top-down bottom-up and short-with long-term and objectives. society and community family, the the of individual, the levels atthe factors protective strengthen and factors risk to reduce economic strategies and educational social, legal, integrate approaches that of coordinated range a prevention through most likely is achieve). to difficult (if necessary are sectors of different contributions the link that time over preventionIntegrated efforts The evidence base base evidence The Top-down Effective Effective 7 183

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 317 With these lessons in mind, the following sec- COMMUNITY-LEVEL tion discusses strategies for preventing violence against children in community settings at four Community-level support for levels of the ecological model, namely the indi- education and socialisation vidual, family, community and society. Many individual and family-level interventions are provided in community settings or INDIVIDUAL AND FAMILY-LEVEL use community resources. The following are Consistent with evidence that a significant interventions which have either proven effec- proportion of adolescent violence is causally tive in some settings, or are thought to have rooted in early developmental experiences, a strong potential in preventing violence by programmes targeted at infants and young supporting high-risk children’s education and children, their parents and others who influ- socialisation. ence them during early development have been Reducing truancy and returning 318 shown to be among the most effective in pre- dropouts to school venting violence by and among adolescents. More specifically, family-oriented interven- Schooling provides most children with their tions to change parenting styles (increase pre- second most important source of socialisation dictability, parental monitoring, and decrease (after the family). Research suggests that one negative parenting methods) and improve rela- of the most effective means of preventing vio- tionships within the family (closeness, positive lence and crime among certain high-risk chil- statements, emotional cohesion and communi- dren is to provide incentives for them to com- cation clarity) show strong and consistent evi- plete schooling, obtain vocational training dence for reducing the risk of children going and pursue higher education. Comparisons on to engage in serious antisocial behaviour of different interventions to reduce youth vio- and violence.184 The earlier these programmes lence and crime in the USA have consistently are delivered in a child’s life, the greater the found that providing high school students benefits, although significant benefits have with incentives to graduate was the most cost- 187,188 VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE also been demonstrated when programmes effective intervention. are delivered to adolescents who have already Programmes in schools are an important strat- been arrested for violent or delinquent behav- egy, both for divesting schools themselves of 185,186 iour. (Also see the chapter on violence gang culture and interpersonal violence, and against children in the home and family.) also for preventing violence among young people in the community. In the Caribbean, a nine-country study by the Pan-American Health Orgsanization (PAHO/WHO) found that truancy was one of the strongest risk factors for the involvement of young people aged with trusted and caring adults such as older people or young children high-risk match times programmes. Mentoring behaviours. anti-social ing less involvement in violence and other includ- benefits, positive found have grammes long-termA few of pro- follow-up such studies church attendance. belief, religious and teachers, the liking ing includ- school, with affiliation werepositive tors 10–18 protective fac- violence. strongest The in skills necessary for success in school. behavioural and on social to early the children strengthen bonds with the school and introduce to shown been have which programmes ment pre-school with enrich- begin can affiliation development path. development fulfilling personally and non-aggressive safe, can do much to redirecttors for children with such family problems, who children provide adult men- also can These grammes. into a or ‘catch-up’ non-formal pro- via education toformal them re-introduce and children such out reach to can programmes munity-based Com- early. out drop or school from excluded to be likely behaviour, anti-social also are and crimination are dis- from suffer groups more that and grounds likely to be involvedChildren who are from disadvantaged back- in Non-formal learning opportunities settings). educational and schools in dren chil- on chapter violencement the against (see environ- child-friendly the element fostering in protectiondiscrimination, and activities to support child support for in non- learning, embraces which ing, the community, is an essential 197 189 The development of such such of development The 194,195,196 These can some- can These Quality school- Quality 190,191,192,193 her relationships with parents. with relationships her the likelihood of drug use, and repair his or decrease performance, and attendance school improve child’s the positive can relationships Such members. or community other officers tutors,peers, law enforcement counsellors, faith-based groups – can be useful in build- in beuseful groups –can faith-based and cultural youth clubs to and social, sports munity-based activities for children – from com- properly supervised, that thought widely it subject, is on the internationally research little is there development.for child Although essential are leisure time other structured and activities. youth and Sport work and opportunities. life of future terms in and sense immediate the in with protection from sources of violence, both able children to safety and providing them helping vulner- as beregarded can grammes to school or vocational such training. All pro- withdrawal from the street and their access their to assist aim and on street, the living programmes are primarily directed at children life experience. However, many educational by their or injury beentraumatised suffered have centres who such attend children Many may be available. cation and skills-building, and other support edu- facilities, food,washing adults, trusted where of shelters, safety other places and tres, street. the on living for children and with Programmes displaced persons. difficult circumstances such as refugees and groups, from or minority dren for from those for valuable chil- may beparticularly grammes Examples include drop-in cen- drop-in include Examples 200 198,199 These activities These pro- 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 319 “I used to think that being a girl I don’t have the right to protest when boys and men misbehave with me. But after joining the child club I came to know that I have all the right to feel safe all the time. I can protect and protest whenever someone tries to harass or abuse me. My body is mine and I have the right to protect it.” Girl, 13, South Asia, 2005 VI

ing protective factors such as self-confidence sports clubs and federations; establishment of and developing children’s potential to pre- telephone help lines; and research on child pro- vent violence.201 Children and young people tection in sport issues.205 might also be attracted to places where sport Life skills-based education and recreational activities are provided along with educational activities and programmes Within non-formal or formal education pro- to reduce violence. In general, better results grammes, life skills-based education can be can be expected where these programmes are effective in reducing youth violence, especially implemented along with other effective strate- as part of a comprehensive effort.206,207,208,209, gies, rather than as stand-alone programmes. 210,211 Aimed at enabling children to adopt self- protective behaviours, life skills-based educa- Research cites several ways in which commu- tion can include a wide variety of topics, for nity-based activities can support children’s instance: learning how to avoid unwanted development and resilience (e.g. ability to sexual intimacy; gaining practice in forming 320 resist pressure to join gangs or engage in peer views and expressing them; developing prob- violence), including through mentoring and lem-solving and negotiating skills, includ- tutoring, fostering identity development, and ing conflict resolution by non-violent means; opportunities to interact with trusted adults improving interaction between children and 202,203,204 and positive role models. community authorities (including the police Proper supervision and other measures are and judiciary), outreaching workers in health important in avoiding violence in the context and social affairs, and others the children may 212,213,214 of youth activities. For example, since the mid- need to know how to approach. Such 1990s European countries such as France, the programmes have also yielded positive results 215,216,217,218 Netherlands, Switzerland and the UK have for dating violence. taken action to increase protection of children The Safe Dates Project in the USA is a suc- in sport. In 2000, the Council of Europe’s Com- cessful school-based intervention that aimed mittee for the Development of Sport adopted a to change attitudes on dating violence within VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE comprehensive resolution on preventing sexual both the school and the community. This harassment and abuse of women, young people intervention took a holistic approach, includ- and children in both recreational and coming both adolescent boys and girls in sessions petitive sports. A wide range of measures are on the role of gender norms and the positive possible, including the adoption of child pro- formation of intimate relationships. It included tection policies and ethical charters; criminal training of teachers, community members and record checks of adults in charge(e.g. trainers parent groups, a 10-week curriculum covering or coaches); awareness-raising and training of awareness-raising on healthy and unhealthy athletes, parents, coaches and other officials; relationships, gender roles, sexual assault, appointment of child protection officers in and communications development to prevent sexual violence. and bullying, violence, gang violence, youth tion campaigns have been launched to address of violence. Multi-component use the preven- surrounding norms and beliefs attitudes, nity commu- atchanging aimed vention campaigns or pre- public information through community the in children prevent against by violence and to undertaken are number of efforts A large respect and peaceful conflict resolution promote that values and norms Promoting prevention Community-level situational to other things. out’ of their role as they mature ‘aging and constantly are addition, leaders In peer move on for initiatives. such high is support required of level the that itquate support, and appears these programmes suffer from a lack of ade- isolation from other strategies. other from isolation when applied in especially atbest, ambiguous violence is reduce alone by peers facilitated programmes perspective, evidence that based principlepeople important an is from arights- the active participation of children and young orknowledge, attitudes behaviours. While to deliver programmes designed to improve of the same or olderprogrammes utilise children and young people ages as the Such facilitators. peer target through delivered are group educationSome skills-based life programmes intervention group. the in adolescents evident for the was victimisation and tration violence perpe- dating sexual and physical less dating violence. After four years, significantly roles and inequalities, and that the violation of the rights of children is linked to the status of women.” of status the to linked is children of rights the of violation the that and inequalities, and roles human development. We recognize that virtually all forms of violence are linked to entrenched gender gender entrenched to linked are violence of forms all virtually that We recognize development. human “Violence against children has incalculable costs to present and future generations and it undermines undermines it and generations future and present to costs incalculable has children against “Violence 222,223,224,225,226,227 220,221 Campaigns The African Declaration on Violence against Girls, 2006 Girls, against onViolence Declaration African The Many of 219 increase in the disclosure of sexual offences. an to led have some and relations, gender and of violence some norms types concerning social knowledge and awareness, as well as in shifts in increasing in seemto bemost effective paign paigns alone. beyond cam- of acombination efforts to require In general, tends However, change debate on issues. lasting these types and creating public taboos bychange breaking of cam- more conducive climate to social the make can in the informal sector has led to employment sector has informal the in working children and police the tions between improved for example, rela- India, Mumbai, change positive In cited most abusers. frequently their among about bringing ranked of being in instead of children lives the in part active an With training and motivation, police take can reforms. of context system-wide all over- the in particular, in protection issues and human rights in general, and children’s rights police forces need to besensitisedcases, to internally displaced young persons. In such or returnees refugees, on street, the or living people young poor and who are children as groups such but certain towards children all not is violence towards the Often unpunished. entirely and bearoutine occurrence, – can rights human of their other abuses – among violenceor youngpeople, sexual and physical negative and discriminatory against children In places where level community at policePolice reform and training ‘culture’ or violence. to areduction in behaviour is extremely in lation, have not led to changes consistently when implemented iso- in But campaigns, such VII 7 228

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 321 “Children are caught between the hate and fury of two groups: local delinquents and police forces (quite a global phenomenon) reinforces the sense of powerlessness in the poorer communities; and amongst youth, reinforces the idea that the use of violence is acceptable, and again, something quite pervasive.” Nancy Cardia, Editorial Board of the UN Secretary-General’s Study on Violence against Children

RAISING VOICES IN UGANDA

Over 1,400 children were involved in research in ﬁve districts of Uganda in 2004 and 2005. It focused on the various types of violence they experience at home, in schools and in the community, how it makes them feel, and their ideas about violence-free childhoods. Also involved were almost 1,100 adults who provided their perceptions of punishment and discipline, mistreatment and how they also feel about the issues. The research fed into an evidence-based advocacy campaign, launched in 2006, directed at protecting and promoting children’s rights to live free from violence. These efforts were intended to increase public debate and break down the barriers to taking action. The campaign made an important contribution to the Ministry of Education and Sport’s initiative on banning all corporal punishment in schools in Uganda.229

322 for some older children as assistants in traffic by, efforts to change attitudes and organisa- control at peak hours.230 tional culture.232 In terms of health care providers, training frequently influences changes The Consortium for Street Children under- in knowledge and awareness in the short term, took an international research study into police but these changes are difficult to translate child rights training programmes around the into behavioural change or changes in prac- world. It documented training programmes tice.233,234,235,236 To improve the potential of aimed at reducing violence against children training efforts to reduce violence against chil- living on the street in a large number of coun- dren they have to be part of a wider strategy, tries, mostly under the auspices of NGOs, including law reform and attitudinal change. with cooperation from local authorities and Other potential ways to prevent police violence with some donor support. Having identified include increasing the numbers of women serv- a number of good practices, the Consortium ing as police officers, providing independent compiled a manual for such training. The VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE complaints mechanisms, and improving the Consortium commented: “Widespread, con- pay and status of police officers. sistent, long-term and sustainable change will only be possible when child rights and child Accountability, and access to justice protection is formally recognised and included in official curricula, manuals and collaborative State violence and corruption are two fac- agreements.” 231 tors directly associated with violence in communities. Community confidence in local However, training police has proved largely security and justice systems is central to the ineffective in changing police behaviour, effectiveness of public policies. International where it is not accompanied by, or reinforced legal instruments emphasise the importance of small conflicts within communities. of mediation the to facilitate services special cial services within courts to the placement of alised groups toestablished to facilitate justice: the access of margin- thesetance when required. vary Mechanisms be also can from spe- assis- legal to independent qualified and access activity. to provide It essential of is criminal levels high and by poverty affected those larly access to justice by communities, all particu- Special measures are also required to ensure accountability. support to ensure important provide can forces security the by violence of cases investigate independently and receive ombudspersons or civilian review boards to lishment of permanent mechanisms such as investigated, and held accountable. The estab- promptly thoroughly are and children against violence in implicated personnel security other police and must beput that to place ensure in never investigated or prosecuted. Mechanisms who commit violence against children are allows such abuse to continue. Many police often children street against violence of police policies. Impunity forsecurity perpertrators of efficiency the improving and trust building in crucial is accountability State ensuring obligation, right human a core being from of violence. State Apart cases all in tigation independent monitoring and thorough inves- nationalthat it is functioning in accordance with inter- norms, enforcement law ensuring generally,ing and it is fundamentalIn addition to improving and training reform- to obligations. rights of human fulfilment the in ensure ensuring accountability and access to justice “Religious leaders and communities of faith are well placed to confront violence against children children against violence confront to placed well are faith of communities and leaders “Religious communities to stand together, pooling their collective moral strengths to stop violence violence stop to strengths moral collective their pooling together, stand to communities and to work to heal its ravages. Religions for Peace helps the world’s diverse religious religious diverse world’s the helps Peace for Religions ravages. its heal to work to and Dr William F. Vendley, Secretary General, World Council of Religions for Peace for ofReligions World Council General, F. Vendley, Secretary William Dr against children in their homes and societies.” and homes their in children against lage goes missing. goes lage vil- from the when police the achild with ing by work- and of trafficking dangers about the ficking of children, both by educating families administration have helped to reduce the traf- by provincial backed the committees village labour legislation. For example, in Benin, of childrentrafficking and breaches of child to prevent the systems watch/vigilance based there has been some success with community- Africa, East ment In other authorities. and enforce- law with cooperation in working when particularly at preventing trafficking, Community-level activities can be effective trafficking against organisations Community HMC work directly to prevent the trafficking ATCs the the and duped. While being villagers of cases share and payment details of expected verification on the communities help educate status, visa to verify ATCs the Gulf, the try women or sent being children to Kuwait or to number. contact and For address those name, employer’s of the forATCs verification ask local community, work the outside the offered been has or awoman girl that known becomes it When (HMC). MobileHighway Committee a (ATCs), and Anti-Trafficking Committees Self-Helpcommunity-based Groups (SHGs), of formation the supported munity, has and emphasisesSTHREE the role of the com- ficking of women and children from rural areas 1998 in traf- established to was address which (STHREE), Empowerment Education and to Help Rural Society the is example another In southern India’s Pradesh Andra state, 237 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 323 ‘The way to decrease violence is to work together with all our leaders in our village.’ Boy, Solomon Islands, 2005 VIII

of girls and women from the region, the SHGs environment and violence, particularly in work on the underlying causes of trafficking urban settings. A number of measures can through educational and awareness generation be taken to alter the physical environment of activities, as well as through providing viable communities in order to reduce the risk of vio- livelihood options to the community mem- lence by and towards children. These include bers. An assessment managed by UNICEF improved lighting, reducing the number of in Andhra Pradesh found that the number of ‘blind’ locations (alleys, underground cause- girls/women trafficked from the project area ways, etc.) where violence can be perpetrated decreased between 2000 and 2004. STHREE unseen, and creating safe routes for children on has also managed to rescue girls and women their way to and from school and other com- from places as far away as Delhi, Pune and munity activities. In locations such as shanty Mumbai by helping families or ATCs to file towns and refugee camps, particular emphasis complaints with the police and by following is placed on creating safe routes to commu- up with police and NGO networks in other nal water collection, and to bathing and toilet 324 States.238 facilities. Other important initiatives to reduce the vul- At a more fundamental and long-term level, nerability of children to being trafficked centre efforts should be made to improve housing on taking action to fend off the economic pres- and basic infrastructures (schools, health ser- sures that face families in difficult situations. vices, etc.) in crowded and squalid urban envi- In Albania, the Swiss Government Coopera- ronments. A variety of approaches are possi- tion for Development funds vocational train- ble. Some experts hold that the most effective ing for young people at risk of trafficking to approach to dealing with severe overcrowding equip them with marketable skills so that they in poor urban areas is to de-concentrate hous- can find work at home. In the countries of the ing where possible, change local regulations to Mekong, ILO–IPEC has supported micro- allow more logical use of space, and improve credit grants, vocational training, job place- the quality of the surrounding environment.240 ment and small business development for fam- At the same time, efforts must be made to VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE ilies at risk. All of these initiatives reinforce improve inadequate neighbourhood facilities, the coping mechanisms of families and ado- such as lack of places for washing and laun- lescents, and reduce the likelihood that they dry, lack of toilets, lack of recreation spaces will leave to look for dubious work, or fall prey for children, and lack of community facilities to recruiters exploiting their desire to improve such as day care and team sports. their situation.239 From a political point of view, some of this may Providing safe physical environments be difficult to accomplish if municipal authori- As discussed above, there is considerable evi- ties are reluctant to improve ‘illegal’ urban dence of a relationship between the physical settlements through fear that this will act as an Source: UNICEF (2006). Child-Friendly Cities. Florence, UNICEF Innocenti Research Centre. Available at: http://www.childfriendlycities.org. at: Available Centre. Research Innocenti UNICEF Florence, Cities. Child-Friendly (2006). UNICEF Source: Florence, in Italy. Centre Research Innocenti at UNICEF’s 2000 in created for was Child-Friendly Cities Secretariat International An ented goals. child-ori- against progress developed to have measure been indicators sensitive quality child- and want;” they city “the design planners help and decision-making municipal in part movement take the practice, citizens In young seen for Child-Friendly has Cities provide, way. anew they in of life quality and amenities services, citizens. In line youngest of the rights of the promote that realisation the management urban tory with the CRC,development. it adoption the approaches CFCI of advocates participa- governance and challenges for enjoy and opportunities services basic toaccess right have the cities in cities children All to conceive of themselves, goodgovernance.and of the habitat, society ademocratic of indicator ahealthy ultimate the is of children being well- the that ‘children first’. place livable, cities and declared Conference The make resolu- the on act to 1996 in launched was tion during passed the second (CFCI) Conference UN on Human Settlements (Habitat II) to Initiative Cities Child-Friendly The CREATING CHILD-FRIENDLY CITIES who professionals at directed be also must cacy Advo- violence. reducing of objective concrete the regards as and communities) healthy and forpoint need (i.e. decenthousing the of view rights approaches,such from ahuman both for need about the authorities such to inform Considerable advocacy may thus be required migration. rural–urban enticement tofurther at the centre of the urban agenda. urban of centre the at the of children needs the placing and attitudes ing chang- for tool useful a provides box) (see tive Child-Friendly the Initia- Cities regard, this In of the living conditions on child development. of whom of impact few neers, the may beaware engi- and planners urban architects, as such out work, the carry and authorities the advise 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 325 Services for victims of violence ating community confidence and also ensuring timely access. The Thuthuzela Centres of Improving pre-hospital care systems and South Africa represent an emerging example of emergency medical responses. In contrast the importance of the integration of a range of to most of the other settings addressed in relevant services in the interests of earlier and this report, violence by and towards children higher-quality service to clients. in community settings includes a majority of attacks involving firearms, knives and other Although it is frequently feared that children weapons. Such violence therefore gives rise to who were used in armed groups and who the largest proportion of homicides across the committed acts of violence during a conflict 0–18-year period of childhood, and accounts may continue this violence in their commu- for a significant proportion of long-term physi- nities after the conflict, research suggests this cal and mental disabilities in children who is not necessarily so. A longitudinal study of survive severe violence-related injuries. former child soldiers in Mozambique shows 326 that former child soldiers who are provided Efforts to improve pre-hospital and emergency rehabilitative services, and are accepted back medical responses are therefore likely to be into their families and communities, are able particularly valuable for reducing case-fatality to become productive, responsible and caring ratios and disabilities due to violence in com- adults when they have received the required munity settings. These should be connected to attention by child protection workers at the a range of services to support the physical and time of demobilisation. Important compo- psychological rehabilitation of children once nents in successful rehabilitation included the their immediate medical needs have been dealt care and role modelling provided by trusted with (see box). adults, traditional practices such as cleansing Recovery, reintegration and rehabilitation rituals, educational opportunities, apprentice- services. When children have been exposed ships, income generation projects, and the pro- 243 to violent and traumatic events, a variety of vision of seeds and tools. services may be needed. These may include VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE physical rehabilitation, counselling services, and social worker follow-up to assist social reintegration. Where domestic violence, trafficking or sex work is involved, ‘safe houses’ or shelters may be necessary; however, it is important that these shelters provide for the needs of the children as well for those of their mother/caregiver. Making the access points for these services widely known, especially to vulnerable groups, is an important aspect of cre- SYSTEM IN THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA parts of the system effective and accountable for the quality of the services provided. of services the for quality accountable the and effective of system the parts all action, to make requiring areas key the for Governments to discern it difficult is rights, child with associated standards by international guided assessment, an Without such of violence. victims child for centres of new establishment the and children; on violence against professionals regulate referral of and cases action to be the taken; provision of for training relevant protocols and which guidelines of preparation the official protection; child with ing deal- institutions among mechanisms of coordination establishment the institutions; these conditions the of between coordination stipulating as protection well as child with dealing institutions and bodies of various responsibilities the delineate clearly order in to framework legislative of the included strengthening which tion system, protec- of child the provided for strengthening the recommendations assessment The provided. of services quality among institutions for coordination were mechanisms and laws the that revealed findings the Furthermore, insufficient, as well protection. child with dealing as institutions by for all use the system referral official or an monitoring and evaluation of violence, cases for recording procedures criteria and of official alack was there that of the showed findings the 12-month providers the in Also, period. by service reported cially offi- been had children of violence against cases afew only that pilot revealed The study tional centres. detention correc- and and care, without parental for children institutions residential hospitals, of violence, stations, police schools, for victims work from centres centres, Key informants in 277 institutions were interviewed, including persons from social as referral, of mechanisms formal on protection system. child the promote focusing that within coordination mechanisms as well particularly children, against violence to protection system child of the responsiveness the to assess methods qualitative and tive out former the Yugoslav in carried quantita- Republic was using ofA study Macedonia, PROTECTION CHILD THE OF RESPONSIVENESS THE ASSESSING leadership in this area by increasing resources for child protection, ensuring that schools are child- are schools that ensuring protection, child for resources increasing by area this in leadership friendly spaces, increasing community vigilance against vigilance community spaces, increasing violence andfriendly eliminating the stigma “Violence against children must stop now. All countries can demonstrate greater proactive proactive greater demonstrate can countries All now. stop must children against “Violence Cecilio Adorna, UNICEF Representative, India Representative, UNICEF Adorna, Cecilio that haunts children by affected HIV/AIDS.” 244 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 327 SOUTH AFRICA’S THUTHUZELA CARE CENTRES: INTEGRATED SERVICES FOR VICTIMS OF SEXUAL VIOLENCE

Thuthuzela Care Centres provide a ‘one-stop’ integrated response to the high rates of sexual violence against women and children in South Africa, and are increasingly held up as examples of good practice. The Thuthuzela model – the word means ‘comfort’ in Xhosa – aims to reduce secondary trauma for the victim (i.e. due to police, legal, medical or other responses), improve perpetrator conviction rates and reduce the lead time for finalising cases. Its integrated approach to care of rape victimes is one of respect, comfort, restoring dignity on the one hand, and ensuring justice on the other. Victims who arrive at police stations are no longer required to make statements until they are transported to the Thuthuzela Centre by specially-trained ambulance staff, where they are examined by doctors and nurses, receive counselling and are given the opportunity 328 to bath or shower. Then, and only if she is ready, does the victim make a statement. Afterwards she is given transportation home, and a variety of follow-up services are also offered including HIV testing. The Thuthuzelas are located in public hospitals in communities where the incidence of rape is particularly high, and work closely with nearby specialised Sexual Offences Courts staffed by prosecutors, social workers, investigating officers, magistrates, health professionals and police. Although subject to funding difficulties, the centres are making efforts to become more ‘child-friendly’ with tools such as posters, drawings, and ana- tomically correct dolls to help prepare children to appear in court, should that become necessary.241 Thuthuzela has improved the process of reporting and prosecuting rape and other sexual offences, and offender conviction rates are increasing. The Government of South Africa is working to scale-up this model to a planned 80 centres by 2010.242

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE Reporting services. Reporting systems that An increasingly popular mechanism for com- are not only available, but accessible to chil- munity settings is the child helpline, a phone dren and young people, can be a critical part of service that links children in need of care and a comprehensive approach to protecting chil- protection to services and resources. In 2003, it dren. Protecting conﬁdentiality and providing is estimated that about 11.3 million calls were a high-quality service are also important. Such made to child helplines during that year. Chil- systems can also provide access or referral, in a dren’s reasons for calling included requests for coordinated way, to trained professionals and crisis intervention, rehabilitation, counselling referral to social workers, or health profession- or just needing someone to talk to. Approxi- als, or law enforcement, as needed. mately 9% of the calls were related to abuse Violence on against Study Children. Amsterdam, ChildHelpLine International. Secretary-General’s Nations United the to Submission (2005). International ChildHelpLine Source: (globally) ChildHelpLines through of reported violence Breakdown FIGURE 7.3 tocall. toremember, for number children toll-free easy to have alocal, country on every Worldat the called Society on Information Summit Tunis Agenda the 2005, In services. such up set to countries advocating in active been has and them, initiating in interested for countries as well as helplines forport existing provides network sup- global The developing countries. among been members has in 2001 byin end the of and 2005, increase comprised 78 greatest members. network The established helpline was which network aglobal is (CHI) HelplineChild International ACCESSEXTENDING TO HELPLINES involved labour. bonded in child or forced to work those beggars including as from children being exploited commercially, number were asigniﬁcant violence, while and care and protection (see Figure 7.3). Figure protection (see and care who do not for telephone, need of the children choosein countries to use but still are helpline member to the in gateway website The amultilingual is (www.chiworld.org). services to the Internet by providing an online counselling service called Chiworld Exposure toExposure violence Emotional Physical Physical Bullying Neglect Sexual Other 00 00 00 00 50000 40000 30000 20000 10000 0 7673 12500 13123 245 31048 Number of children 247 36254 52050 60000 70000 67529 247 80000 CHI is also extending CHI its is also 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 329 SOCIETAL-LEVEL There is some evidence that policies that reduce the concentration of poverty in urban areas, Societal-level interventions can have a signifi- for example by improving employment and cant bearing on whether interpersonal violence education opportunities, may be effective in is prevented or reduced, or the extent to which reducing violent behaviour by young people.250 248 violence is tolerated and encouraged. For this For example, in a pioneering study in the USA, reason, violence prevention among the young young people in families that received rental needs to be factored into ‘macro-level’ decision- subsidies and assistance to move out of poor making areas such as national poverty reduction neighbourhoods were significantly less likely strategies, sectoral policies to reduce social vul- to engage in violent behaviour than those who nerability, policies for local Government reform did not receive this level of support.251 and administrative decentralisation, the exten- sion and improvement of services for health, The strong and consistent demonstration of a education and community infrastructure, as close relationship between high levels of eco- 330 well as specific initiatives to advance women’s nomic inequality and increased homicide rates and children’s rights. The mechanisms whereby in adolescents and young adults indicates that such policies are adapted and implemented at policies which reduce economic inequality or local level via community-based or group-based minimise its effects may be of great value in approaches require close attention. preventing such violence. This appears to be especially relevant for males, since research Economic opportunity and equality indicates that the relationship between eco- Two of the most critical challenges directly nomic inequality and homicide is much stron- 252 affecting young people, particularly those in ger in males than in females. high-risk settings, are access to positive live- Reducing access to alcohol and lihood opportunities and the possibility of illegal drugs upward mobility by non-criminal means. If young people feel they have a personal stake Interventions which reduce access to alcohol in building a safe environment and that their or raise its price have been shown to reduce VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE aspirations are realisable within the law, the both levels of consumption and rates of youth personal frustration and social tension that violence within the community. In Diadema, fuel violence may be considerably defused. A Brazil, the prohibition of alcohol sales after framework of national political, economic and 23:00 helped prevent an estimated 273 mur- social policies therefore needs to be developed ders (all ages) over a two-year period.253 In which prioritises growth, equity and sustain- parts of the USA, restricting access to alcohol ability in the harnessing of natural and human for underage youths has reduced disorderly resources, and that replaces or rebuilds the conduct violations among 15–17-year olds.254 deficits in social safety and security which Conversely, the end of an anti-alcohol pro- have emerged.249 gramme that curtailed the supply of alcohol and efforts to regulate liquor outlets. toregulate efforts and of alcohol, for purchase age minimum legal on the legislation other approaches as such than effective price of maybeless alcohol Inunlicensed. such increasing the settings, are outlets liquor Africa’s South of 80–90% related violence around licensed premises. licensed violence around related alcohol- reduce help to shown been have sion street and of lighting use closed circuit televi- to improvements transport, late-night safe of lishments. produced at home or sold estab- unlicensed in in many consumed alcohol the of proportion large A low- to middle-income societies is conducive to violence. less environments creates legislation licensing enforcing strictly and of goodpractice, codes through programmes, training implementing practice staff and improving management For example, beeffective. clubs can and bars Modifying drinking establishments such as violence. alcohol-related reducing in useful be may thus and people, young among levels tion norms reduce can alcohol harmful consump- other habits social and drinking peer alter which programmes that evidence also is There early 1990s. of the 20in age the under Russians among homicides in Union increase aremarkable saw crisis that followed the demise of the Soviet in the mid-1980s, as well as the socioeconomic frontations. for violent potential the con- increases night end of atthe the of individuals bers intoxicated num- of large presence the environments, time 262 260 255,256 For example, it is estimated that Interventions such as provision as such Interventions 257,258,259 In wider night- wider In 261 Reducing access to, on homicide rates, impact about their conclusions to bedrawn toallow enough componentsrigorous ation access to lethal weaponsTo toreduce interventions few relatively date, have included evalu- of knives. use and carrying the address also and guns of to need of the recognition agrowing is there trafficking and safely. for places, them storing many In rules possession illegal of policing stricter registration, and on licensing rules buybacks, periods, gun waiting firearms, of types on certain include weapons bans such munities. Interventions to reduce access to and serious injuries to children in many com- amajor homicides in are weapons factor lethal As described earlier, access to guns weapons for and demand and other in Cali, Colombia. helped lowerconsumption has homicide rates alcohol reduce to and public in firearms of ing toprevent of carry- nation interventions the how acombi- follows describes boxThe that among children in community setting. violence of by and preventing means effective bean can weapons for lethal demand to and erly evaluated suggest that reducing access Colombia and have that Australia been prop- impacts on children. However, examples from 263 or to specifically identify identify or tospecifically 7 264,265

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 331 FIREARMS, ALCOHOL, AND THE PREVENTION OF HOMICIDES IN CALI

The use of evidence-based strategies to reduce situational risk factors is illustrated by the Colombian city of Cali. Between 1985 and 1992, homicide rates in the city increased five-fold to reach levels of 100 per 100,000 people. In response, the city established the Development, Security and Peace Programme (DESEPAZ) in 1992 to implement strategies to prevent violence and improve security among residents. An important step was to create a joint-agency surveillance system to identify patterns and determinants of homicide in the city. Among other important source of information, the surveillance data showed that males aged 15–19 years had a homicide rate of 250 per 100,000, that 79% of all homicides were committed using firearms, that blood alcohol concentrations in 23% of cases far exceeded the legal limit for drivers, and that homicides were clustered in specific areas of the city, particularly the most 332 impoverished areas. Homicides were more common during weekends, especially those coinciding with bi-weekly pay days. This information informed the development of DESEPAZ prevention policies and programmes, which had the full support of the municipal Government. Among other initiatives, the mayor restricted the hours during which alcoholic beverages could be sold, and prohibited the carrying of guns in public during high-risk weekends, holidays and election days. Although resource constraints permitted only intermittent application of the full-range of interventions, evaluation showed clear signs of success. Homicide rates fell by 14% when the ban on carrying guns in public was strictly enforced. Between 1994 and 1997, the homicide rates in Cali declined by 30%, from 124 to 86 per 100,000. Furthermore, public opinion in Cali shifted strongly from a passive attitude towards dealing with violence to a vociferous demand for more prevention activities.266 VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE Reducing exposure to violence rounding violence in and through the mass in the media media, and particularly about Internet risks and safe Internet behaviour. Other strategies Prevention of violence against children through the media will require cooperation specifically aimed at the Internet include cre- at the individual and community levels, but ation of ‘watchdog’ organisations which moni- also the development of national strategies. tor offensive websites, and both regulation and Many contributors to the Study suggested the self-regulation of the Internet industry. Better use of education campaigns for children and law enforcement measures are also called for, parents to inform them about the issues sur- including criminal prosecution of people who labour and physical abuse in Manila. and victims of children child for street Centre Rehabilitation Kabataan Nayon the outside 1997, Children PHILIPPINES, abuse. suffering of children response versal uni- almost the is silence shown that has Research LEVELS CHILDREN’S PARTICIPATION AT ALL for offenders. treatment and offenders, ing to prevent people becom- programmes ecuted, of known offenders once they have been pros- use the Internet to children, harm monitoring inclusion genuine people of young found that people. of project Europe ACouncil on social the young and of children views toinclude the need or decentralisation, privatisation,systems, they of context the centralised in whether regard; this role in important play aparticularly ment can violent Govern- incidents. Systemscuss of local to make it possible required are efforts for special circumstances, such them to feel safe to dis- “An evidence-based approach to preventing violence against children is essential for long term success. success. term long for essential is children against violence preventing to approach “An evidence-based A priority must therefore be to expand this evidence base by supporting scientific studies that measure measure that studies scientific supporting by base evidence this expand to be therefore must A priority the effectiveness of prevention programmes everywhere, but especially in low- and middle-income middle-income and low- in especially but everywhere, programmes prevention of effectiveness the Dr Catherine Le Galès-Camus, Assistant Director-General, WHO Director-General, Assistant Galès-Camus, Le Dr Catherine 268 267 UNICEF/HQ97-0963. Jeremy Horner In countries where the problem is greatest.” is problem the where countries ing. These include Africa, South-East Asia, the Asia, South-East include Africa, These ing. lack- currently where homicideregions are data people young in and children among injuries serious and for monitoring deaths systems ing to begiven priority to develop- needs Special studies. special and surveys tion from victim self-reported records, and judiciary informa- hospital reports, records, police and examiners’ medical records, statistics vital certificates, trators and victims. Data sources include death of sex perpe- and attention ages given to the monitor with and to data, collect sectors such justice criminal and health put the in place in to Systems need be regions. and oping countries devel- in particularly research, for further and Study, there isAs an in urgent all need arenas for better RESEARCH AND COLLECTION DATA data of violence community. the in byviolence children to and analysedapplied in efforts all to prevent and eliminate by the principle akey thus is Participation to be or school exclusion. school or discrimination tic abuse, riskof marriage, child domes- from suffering peers of vulnerable behalf on joint activity for undertaking and rights, promotion the including of other child agendas, own of their on action behalf for taking board spring- bethe It empowering experience. can an be can issues, own their around solidarity and of objective acommon identity developing the with abuse, of child or survivors on street the groups for specific groups such as children living prevention. violence for strategies neighbourhood oping to devel- empowermentyouth fundamental was 269 Creating associations or support 270 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 333 “If you want to know how to paint, you consult a painter; if you want to eat, consult a chef; so if you want to know about children’s issues, you have to consult young people.” Young person, NGO Advisory Panel to the Study, April 2004

CHILDREN AND YOUNG PEOPLE TAKING ACTION

In Europe and Central Asia: UNICEF has been supporting the development of mechanisms for the expression of children’s views, and their participation as a distinct group with their own policy agenda in civil society. In the Republic of Moldova, for examples, Local Youth Councils have been set up to strengthen their capacities and empower young people for conscious participation in community life. In Azerbaijan, youth centres have been established in areas with high concentrations of internally displaced people, and events organised to promote a dialogue among ethnic groups and the wider community.271 The Government of Kenya: In the response to its questionnaire submitted to the Study272, the Government reports that the participation of young people in fostering pro-social attitudes has been promoted through the development of the National Youth Service (NYS); through training of young citizens to engage in ‘tasks of national 334 importance’, such as in reception centres for children living on the street. This is one example of a country facilitating the potential of young people to contribute to policy debates and assume a vanguard role in building a secure society. A similar approach has been applied under the UNICEF programme of cooperation in Somalia, where young people participated in training programmes for citizenship and are setting an example in the renunciation of violence.273 In the Caribbean ‘XChange’– creating a culture of non-violence in the English- speaking Caribbean: This project seeks to create safe and protective environments for children and adolescents in the home, school and community where they can live and reach their full potential. The project covers seven Caribbean countries: Barbados, Belize, Grenada, Guyana, Haiti, Jamaica, and Trinidad and Tobago. UNICEF teamed up with well-known Caribbean entertainer Machel Montano in 2005, to conceptualise the ‘movement’, using entertainment as an entry point for bringing about positive

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE change among young people and adults. The campaign uses music, sports, and various forms of arts to reach and empower adolescents to adopt a positive lifestyle. XChange is a ‘youth-led movement’, and is multilevel, including parenting and building protective environments in homes, providing health and family life education, peace-building and child-friendly school initiatives; building protective communities with adolescents and young people, improving quality and access of service delivery in relevant institutions, policy development and legislative reform, and advocacy and social mobilisation. Young leaders clearly defined the vision they have for the XChange project. The second phase will need to reflect this vision by clarifying the role that XChangers will play within a clear organisational structure spearheading the initiative.274 the age of attacker, age and sex of the victim of the sex and of age attacker, age the by classified to injuries, non-fatal ofratio fatal needed Studiestries. also to are the establish poorer coun- Westernand especially Pacific, of Americas the some and parts East, Middle Children on Study Violence against tary-General’s Secre- UN the includedin recommendations to the level follow-up atpan-European appropriate ensure will programme The Child. of the Conventionthe on Rights the of and Europe of Council the instruments rights human toment the obligations their to imple- States to assist designed Violence” is and on “Children programme action The for protection the of children’s effective and rights. necessary have elements proved that include methodologies, to all which be and instruments of Europe will be able to offer member States Council the models public. 2008, In general the and children involving including methods, of national strategies, as well as produceworking tools and and develop networks, structures, and institutions uisite req- the establish frameworks, comprehensive and policies legal integrated to devise help States on promoting will focused children’s programme the strand the In rights, children.” to vulnerable and attention to gender perspectives particular pays and children, of violence dimensions against health and educational legal, social, into the account takes programme Violence. The and “Children programme action promotion the of children’s the strands: and rights closely linked two comprises 2008) (2006- Children” with for aEurope of and Europe’s Council The “Building programme WITH CHILDREN FOR AND EUROPE A BUILDING ACTION: IN PRIORITIES weapons control and victim redress. redress. victim controlweapons and as such areas in laws NGO –and and – official programmes policies, existing from practice into good isresearch groups, as age for all isneeded of effects, range lence, full their and community socialisation and exposure to vio- and family between interactions the cerning con- preventive Research response. effective develop and community the in adolescents and children of violence against issue the to map it difficult is information, basic Without such But I vow, as a young person in this society, to put an end to this violence for the next generation. generation. next the for violence this to end an put to society, this in person ayoung as Ivow, But “You were not there to protect me as a child and I’ll live with that damage for the rest of my life. life. my of rest the for damage that with live I’ll and achild as me protect to there not were “You Youth leader, survivor and street involved youth, North America, 2005 America, North youth, involved street and survivor Youth leader, You can stand by me or you can turn your back.” your turn can you or me by stand You can 276 . communities and society atlarge. society and communities have long-term but for it benefits rights, will child for fulfilling strategy anecessary this is Not attend. only children which institutions other social schools and centres, care day lies, via programmes and services directed at fami- childhood, early and child’s from infancy life of a stages on need to all focus munities will com- child-friendly promote which policies it that childhood, in isclear early begin which product of the influences often is adult young and adolescent violence-prone the Because more law, attention.the to far begiven needs of use repression and than other by means especially aim, policy a as prevention Violence RECOMMENDATIONS 275 IX 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 335 “We believe that governments and civil societies are all individually and collectively responsible and mutually accountable to ensure that every child lives in a world free from violence. We also believe that governments have the primary responsibility and obligation to take concrete and immediate action to end all forms of violence against children, particularly girls.” The African Declaration on Violence against Girls, 2006 X

The fact that different interventions are effec- school, or to participate in non-formal tive over different periods of time serves to education programmes. Research indi- emphasise the need for policies and funding cates that this can be an effective measure mechanisms that permit a consistent, stable to reduce violence in the community. approach over several years and which address short-, medium- and long-term objectives. 3. Implement programmes that engage responsible and trusted adults in the Decision-makers should therefore be wary of lives of high-risk children. Governments calls for immediate responses to specific head- should ensure the implementation of line-grabbing incidents and instead work to approaches such as mentoring programmes provide lasting support for strategies based on that bring children and responsible adults empirical findings.277 together to learn and benefit from each The following recommendations for the preven- other. These programmes can protect chil- tion of community-based violence against and dren from violence in their community, 336 among children are made with reference both especially for families under stress. to the concerns expressed by participants in the 4. Promote and support local Government Study and to existing knowledge about the deter- and civil society initiatives to provide minants and preventability of such violence. safe recreational and citizenship-build- Prioritise prevention ing opportunities for boys and girls. Sports leagues, faith-based and cultural High-risk individuals and families organisations, village and neighbourhood committees, women’s groups, and others 1. Support efforts to prevent violence in the can provide constructive activities for chil- family and home as a means of prevent- dren who might otherwise engage in high- ing violence in the community. Govern- risk activities. Governments should ensure ments should support efforts to strengthen that the safety of children participating in knowledge and skills within families such activities is safeguarded by measures regarding child development, non-violent VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE such as criminal record checks of adults in discipline and behaviour management charge (coaches, group leaders, facilitators, options, as well as increasing social safety etc.) and formal child protection policies. nets. In the long run this will contribute to the prevention of violence against children Immediate and environmental risk factors in the community (see the recommenda- in the community tions in the chapter on violence against children in the home and family). 5. Reduce demand for and access to alcohol and weapons, such as firearms. Gov- 2. Support programmes that encourage ernments should ensure comprehensive at-risk children to stay in or return to prevention which requires the reduction 8. 7. 6. Increase efforts to both prevent efforts Increase and ment, public education. and enforce- law reforms, regulation and ing including through measures such pric- as violence, community in factors risk salient two forof supply these both demand and should not be re-victimised criminals. as and rights, of violations their of several themselves victims usually weapons are and drugs to traffic or used trafficked are who Children traffickers. action against trafficking) to vigorous law enforcement ditions that make children vulnerable to con- the prevention (i.e. changing primary from range measures that ensure should trafficking. child punish children in and between communities. between and in children for routes and places public safe include should design addition, In urban lighting. better as such features design through tion initiatives to make public spaces safer rehabilita- urban in made are efforts that ronment. accountable actions. for their who abuse children’s rights must be held must beimproved, officers while practices police of supervision time same the At street children or child group members. as such groups particular with deal to how development of child and basics the well as need to be trained about children’s rights police that ensure should Governments of children. rights the abuse who police of endimpunity and children, with Reduce risk factors in the physical envi- physical the in factors risk Reduce Train law enforcement agents to work to agents enforcement law Train Governments should ensure ensure should Governments Governments Victim services 9. 12. 11. 10. Societal levelSocietal Provide effective reporting systems for systems reporting Provide effective Provide improved pre-hospital care and and care pre-hospital improved Provide Improve access and quality of support quality and Improve access and viable alternatives. on safe afocus with situations, out of these to get assisted shouldThey becarefully that suffer non-fatal violent non-fatal injuries. suffer that improvelence and outcome the of victims vio- from deaths reduce significantly can medical emergency and care pre-hospital services. medical emergency as becoming a perpetrator of violence. aperpetrator becoming as preventing longer term consequences such including event of on the victim, impact the the help to mitigate can support services to quality access Early out lifetime. their through- its victims with stay lence can services for victims. advocates for children. advocates formalas mechanisms such community as well as helplines include may child these settings, enforcement.law community In or professionals, health or workers, social to case the refer necessary, if who can, professionals, trained to reach victimised established. They allow children who are are for children systems reporting effective children. social networks within and between between and within networks social families and improve and linkages strengthen that programmes tional educa- and housing social, in Invest Governments should ensure that that ensure should Governments The impact of vio- Improved 7

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 337 different income groups. Governments who make, distribute, possess or profit should analyse the impact of public poli- from pornography involving children. cies on communities and their children. Local Governments in particular should Build information systems be encouraged to make violence prevention 15. Implement civil registration universally, explicit in urban rehabilitation schemes including the registration of births, and rural development programmes. Gov- deaths, and marriages. Governments ernments, and their national and interna- must ensure free and accessible civil regis- tional partners, should strive to integrate tration free certification, and must remove efforts on violence against children as a penalties for late registration. The process key element of sustainable and culturally must be advocated widely and facilitated sensitive poverty reduction programmes. and implemented in cooperation with local Government, hospitals, professional and 13. Conduct sustained campaigns in soci- traditional birth attendants, police, religious 338 ety at large to promote social norms and community leaders, and other partners that emphasise respect and non-violence in order to ensure universal uptake. and gender equity. Governments should ensure that initiatives to instil non-violent, 16. Establish a national research agenda on non-sexist norms and values are carried out preventing and reducing community through media campaigns and strong lead- violence. Governments should develop ership from public figures. Focuses should and adequately resource research that will include eliminating sexual harassment and improve understanding of the protective rape, and providing alternative models of and risk factors for community violence, masculinity which do not support violence including low-income communities and from men and boys. the cultural context. Such a strategy should go beyond descriptive research, to include 14. Stop the use of mass media and informa- evaluations, and more complex research to tion technologies, including the Internet improve effective implementation at scale. and electronic games, in violence against

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY THE IN CHILDREN AGAINST VIOLENCE This should dovetail with efforts to create and sexual exploitation of children. As a multi-layered system of data collection, well as educating children and parents, including improved reporting by existing Governments should work with the indus- services (police, hospital emergency rooms, try to devise global standards for child mortuaries, schools, local health centres, protection, undertake research on protec- housing authorities, etc.) and population- tive hardware and software solutions, and based surveys to provide disaggregated fund worldwide education campaigns on information about the geographical loca- safe use of the new technologies. Govern- tion, incident characteristics, and victim and ments should also pursue law enforcement perpetrator characteristics for all reported approaches, including criminalising those homicides and non-fatal violent events. 5 World Vision (2001). (2001). 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(Eds). http://www.coe.int/t/transversalprojects/children/. with children. Council of Europe. Available at: Caribbean. the and America Latin for Office Regional UNICEF, Children against Violence on Study Secretary-General’s Future the Building and Past the Save the Children Alliance. Working Children and Case Studies Associated Children’sOpportunities, Participation in Action for Injury Control and Safety Promotion Safety and Control Injury Knowledge. ofCurrent Overview An States: United the World Health Organization, pp25–56. Organization, World Health . Global Submission by the International Save Save International bythe Submission . Global World Report on Violence and Health and Violence on Report World Somali Children and Youth: Challenging Opening Minds, Ppening Up Young People and Violence Prevention Prevention Violence and People Young Young People’s Participation in the the in Participation People’s Young Submission to the United Nations the to Submission Geneva, UNICEF Regional Regional UNICEF Geneva, . UNICEF Somalia. . UNICEF Budapest, Directorate Directorate Budapest, , 8(1): 1–12. , 8(1): 10 Essential Learning . London, . London, . Geneva, . Geneva, . X Africa Child Policy Forum (2006). (2006). Forum Policy Child Africa X onViolence Study Secretary-General’s Nations United IX WorldVision (2005). VIII (2006). Forum Policy Child Africa VII onViolence Study Secretary-General’s Nations United V Anti-Slavery International (2001). IV UNHCR (2005). III I Hall J (2003). J(2003). Hall I QUOTES II UNICEF (2003). (2003). UNICEF II VI Save the Children Alliance (2005). (2005). Alliance Children the Save VI Addis Ababa, 11 and 12 May 2006, p2. 11 2006, 12 May and Ababa, Addis Child. African onthe conference Policy International Girls. against Violence on Declaration org/r27. America (2005). Children against p 7. International, World Vision Keynes, Milton Children. against onViolence Study potential famili: enabling childrenlaef b’long to reach their full p1. 11 2006, 12 May and Ababa, Addis Child. African onthe conference Policy International Girls. against Violence on Declaration p27. Children, against onViolence Study Secretary-General’s UN the to Alliance Children the and Boys Girls of Abuse Sexual against out Speak and Listen Points: Asia (2005). Children against homepage/antislavery/award/award2001speeches.htm http://www.antislavery.org/ at: Available ceremony. Children – Trafficked p6. 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Speeches from the ASI Award Award ASI the from . Speeches Strongim pikinini, strongim strongim pikinini, Strongim Regional Desk Review: South South Review: Desk Regional Regional Desk Review: North Golam and Roushan Roushan and Golam 10 Essential Learning The African The African The African Second Second 7 . p 26. p26. .

VIOLENCE AGAINST CHILDREN IN THE COMMUNITY 351 Sueraya Shaheen- Cité du Temps du Cité Shaheen- Sueraya

EL SALVADOR, 1996, A group of children in a refugee camp in El Salvador alarming gap between States’ obligations and and obligations States’ between gap alarming the foremost and was region. First after region in repeatedly wereraised of issues a number say, their had of numbers participants greater ever- as and process, Study the Throughout awhole. as society in benefits to reap potential greatest have the on young the focusing interventions that clear objective of contribute actions wider to the violence, these reducing from society of members vulnerable violence most and for protecting youngest the specifically as well As all, as it is ones. new create and interventions, existing improve and to adapt for partners base dence solid evi- increasingly an providing is this ated; implemented being evalu- are and responses therapeutic and preventionprojects, strategies number of research action Agrowing change. for advocate its multiplereduce and impacts, children, to preventactions violence against concrete and useful with forward come have of partners range awide Governments and rights obligations they have accepted. of problem the respond human toscale and the the acknowledge to begin they as Governments by made progress the documented has Study Moreover, such. as not accepted bepassively the must and of life, feature inevitable unchanging, not violence is an that agree themselves dren its elimination. Experts, practitioners, and chil- to effect resources world the the able, and has against children is widespread, it is prevent- violence although that, suggests participants, of its consensus clear the with line in Children, Secretary-General’s Study on Violence against United for the Nations collected evidence The to offer appropriate support to parents, teachers, criminal justice personnel and others who sometimes sometimes who others and personnel justice criminal teachers, parents, to support appropriate offer to “Violence against children is never justified in any setting or context. States should be in a position aposition in be should States context. or setting any in justified never is children against “Violence Mehr Khan Williams, United Nations Deputy High Commissioner for Human Rights Human for Commissioner High Deputy Nations United Williams, Khan Mehr resort to violence against children. We all have a responsibility to act to eliminate it.” eliminate to act to aresponsibility have We all children. against violence to resort commitments are far from being fulfilled.” from being far are commitments these –that of research results the from as well children’s from as process, Study – the during testimony accept must we However, violence. mitments to protect children from forms all of notes, “Member made com- Stateshave already Assembly General presented UN toreport the of Study children’s the other. on the lives As reality the and on onecommitments the hand, atic framework to reduce and respond tovio- respond and toreduce framework atic to system- abroad and resources financial and way. The continuous commitment of human ments public and acoordinated policies, in instru- legal current within recommendations all incorporate to Governments of capability Introductionthe report depends to this on the presented in recommendations ofmost the implementation The levels. of national and regional atinternational, important equally are coordination and Leadership mendations. Study’s of implementation the recom- ensure to levels international and regional national, Strong mechanismssociety. must by civil advocacy determined and leadership be put political strong requires children inlence against place atbecome a high priority, the elimination of vio- attention. To political adequate lacks children prohibiting and eliminating violence against part, most the For overlooked. be to violence of forms different between linkages the level, and threshold of acceptable action the to allowing muted stay vague, and remained often at a low of problem the too Discussion has makers. other decision- and byof politicians leadership from alack stems of affairs state Much of this THE WAY FORWARD 8 1

THE WAY FORWARD 353 “Too often, we see that legislation is on the books but that many children remain on the margins of society – not registered at birth, not in school, too poor to see a doctor and, for that, all the more vulnerable to violence and abuse.” Rima Salah, Deputy Executive Director, UNICEF

lence against children, integrated into national policies and comprehensive legal frameworks. planning processes, is essential for the success The action programme against violence sup- of this endeavour. Stopping violence against ports States in their obligations to ensure the children requires not only sanctioning perpe- protection of children, prevention of violence, trators, but also transformation of the “mind- prosecution of criminals, and participation by set” of societies and the underlying economic children. and social conditions that allow violence against children to thrive. At an international level, it is also expected that the UN supports countries in their task of Strong regional support for the implementa- implementation, mainstreams the recommen- tion of the recommendations is also important. dations of the Study Report to the UN General Regional mechanisms can play a significant Assembly (elaborated in this book), and moni- role in bridging gaps in technical expertise, tors achievements. The coordination among sharing best practices and assessing progress. the various UN entities involved in this pro- 354 Regional networks established during the cess is again essential to ensure the continuity Study process have continued in various forms of the holistic and multidisciplinary approach in each of the regions. For example, in the suggested by the Study. Bearing this in mind, Middle East and North Africa, an expanded the report recommended that a Special Rep- regional network which includes Government resentative for the Secretary-General’s Study representatives and the Arab League is taking on Violence against Children be appointed, THE WAY FORWARDTHE WAY action to implement the Study recommenda- to provide a focal point and act as a global tions related to a range of regional priorities.2 advocate on the issues of violence against The South Asia Forum, established in 2005 as children, building on the worldwide momen- a result of the Regional Consultation hosted tum generated by the Study process and the by the Government of Pakistan, has begun to report itself. In an effort to accelerate progress implement the Study recommendations with at country level, a global Inter-Agency Group a focus on the issues of early marriage, and on Violence against Children was established physical and psychological punishment. In in 2005, chaired by UNICEF with the direct addition, the Council of Europe has launched support of OHCHR and WHO. Membership a three-year programme, “Building a Europe includes a range of other UN agencies and for and with Children.” This programme NGOs. These efforts should contribute to the takes into account the various dimensions of UN reform process by increasing coordination violence against children in two closely linked among existing entities, refining and clarify- strands: the promotion of children’s rights, ing mandates, and increasing the attention and the action programme “Children and given to violence against children across and 3 Violence.” In the strand focused on promot- within existing mandates. ing children’s rights, the programme will help European States to set up integrated children’s ing to the predicament of child victims. of child predicament to the ing venting violence against children and respond- pre- and of condemning responsibility the share sectors ofjob society, individuals, alone. All all forms all from doof the violence. But Governments cannot children of protection the ensure other to commitments, and obligations rights human Governments their now, to act to fulfil up to It therefore is protectionof children. the responsible for ultimately are Governments available. and affordable, known, it are with todeal means the and clear, are ernments of Gov- obligations open, the out the lem is in prob- the should or beno delays: more excuses violence against children is preventable. There no violence against children is justifiable; all that is Study of the diately. message core The imme- ment must begin recommendations the on shelves around the world. Action to imple- Study this dust gathers one merely that to be more for report afford cannot Children urgency. Ending violence against children is a matter of Children’s statement, Young People’s Forum, South Asia, 2005 Young Asia, Children’s South People’s statement, Forum, region.”and ineach country boys and girls against onviolence actions designing when us involve to and tions “We urge you to activate these recommendations and others made by children in previous consulta- “Violence can be prevented... A wide range of positive strategies are available to help societies reduce reduce societies help to available are strategies positive of range Awide prevented... be can “Violence to complete their studies; enhancing services for victims of violence; and strengthening policies that that policies strengthening and violence; of victims for services enhancing studies; their complete to violence. These include: training and supporting new parents; helping children learn social skills; skills; social learn children helping parents; new supporting and training include: These violence. assisting communities to control the availability of alcohol; increasing incentives for young people people young for incentives increasing alcohol; of availability the control to communities assisting The late Lee Jong-wook, 2005The WHO, late Lee Former Director-General, promote gender, social and economic equality.” economic and social gender, promote 3 Council of Europe (2006). Building a Europe for and and for aEurope Building (2006). ofEurope Council 3 onViolence Study Secretary-General’s Nations United 2 1 United Nations Secretary-General (2006). (2006). Secretary-General Nations United 1 REFERENCES I United Nations Secretary-General’s Study on Violence onViolence Study Secretary-General’s Nations United I QUOTES www.coe.int/t/transversalprojects/children/. http:// at: Available ofEurope. Council Children. with and Childhood. Motherhood for Council National Egypt, 2006. March Violence against Follow-up Consultation Children: on Consultation Regional (MENA) Africa North and (2006). Children against Assembly, session. Sixty-first A/61/299. General Nations United ofchildren. rights of the Violence against Children on Study Nations United the for Expert Independent the violencestudy.org/r27. South Asia Consultation: Regional Forum, People’s Young People. Young and (2005). Children against I , p 3. Available at: www. at: , p3.Available . Promotion and protection protection and . Promotion Statement by Children Outcome Report: Middle East 8 Report of . 25–28 25–28 .

THE WAY FORWARD 355

AND INCOME LEVEL, 2002 AND INCOME LEVEL, Background Paper to the UN Secretary-General’s Study on Violence against Children. Geneva, World Health Organization. Health World Geneva, Children. against Violence on Study Secretary-General’s UN the to Paper Background Children. against Violence to Due Consequences Health of Estimates Global (2006). WHO Source: ESTIMATED HOMICIDERATES BY REGION ai mrc n aiba l eae .116 .718 6.50 37.66 1.81 4.01 0.67 0.98 1.62 1.95 2.21 8.11 Females Males All All All Caribbean and America Latin Caribbean and America Latin Caribbean and America Latin utai/e eln l eae .507 .403 0.48 1.60 0.31 0.41 0.64 0.44 0.75 1.76 0.55 0.99 Females Males All All All Zealand Australia/New Zealand Australia/New Zealand Australia/New Nrgo noesex income UN region uoeAlFmls10 .005 .51.67 5.72 0.75 0.89 0.57 0.55 1.30 1.44 1.01 1.74 Females Males All All All Europe Europe Europe fiaAlMls58 .524 .915.64 9.45 5.09 4.62 2.44 4.79 4.25 4.07 5.30 5.85 Females Males All All All Africa Africa Africa saAlMls15 .206 .13.93 1.48 1.21 0.69 0.65 0.70 1.32 1.29 0.99 1.53 Females Males All All All Asia Asia Asia l o noeFmls20 .216 .13.48 9.75 1.61 2.25 1.60 1.07 2.02 2.07 2.03 3.10 income Low Females Males income Low All income Low All All l ihicm eae .516 .404 1.53 3.28 3.25 0.40 9.06 1.49 0.56 0.44 2.08 1.48 0.41 1.67 1.00 1.99 2.29 0.95 2.09 1.92 1.45 2.93 Females High income Females Males income High All Males All High income All All All All All All All Annex Males &Males &Males &Males Males &Males Males &Males Males &Males Males &Males &Males Females Females Females Females Females Females Females Females years* 0-17 .420 .417 6.25 1.79 1.24 2.04 2.44 .713 .809 2.74 0.96 0.68 1.30 1.27 .820 .319 6.70 1.94 1.33 2.05 2.58 .813 .608 3.74 0.82 0.56 1.37 1.38 .812 .403 1.05 0.36 0.54 1.26 0.78 .117 .329 22.33 2.93 0.83 1.79 5.21 .119 .304 2.41 0.48 0.43 1.99 1.21 .841 .048 12.57 4.86 3.60 4.16 5.58 Homicide rate per 100 000 population 000 100 per rate Homicide - - 01 15-17 10-14 5-9 0-4 >>>

ANNEX 357 Homicide rate per 100 000 population 0-17 UN region income sex years* 0-4 5-9 10-14 15-17 Northern America All Males 2.57 3.77 0.56 1.09 6.37 Northern America Al Females 1.48 3.01 0.59 0.72 1.60 Males & 2.04 3.40 0.57 0.91 4.04 Northern America All Females Oceania** All Males 1.74 3.31 0.83 2.00 0.13 Oceania** All Females 1.38 2.10 0.74 0.85 2.14 Males & Oceania** All Females 1.57 2.72 0.78 1.45 1.08

* Age standardized death rate ** Excluding Australia and New Zealand

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