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THE U.N. CONVENTION ON THE RIGHTS OF THE CHILD: IMPLEMENTING ARTICLE 19 -

PROTECTING CHILDREN FROM ALL FORMS OF VIOLENCE AND

MALTREATMENT16 February 2011

Kimberly Svevo-Cianci, PhD

President, Child Rights & Protection Consultancy-InternationalAssociate, International Institute of Child Rights & Development

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Learning Objectives

To encourage an increasing number of students, professionals and teachers/academic faculty to effectively implement Child Rights-based (CRC) child protection measures in their daily practice, through their education/training roles, and in their participation and contributions to good CP practices and potential tools.

To encourage the USA government’s commitment to support professionals and community members, including children, to improve the protection of children through the CRC.

 

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Violence against children cuts across boundaries of geography, race, class, religion and culture…No State is immune, whether rich or poor…Violence against children is thus a major threat to global development and… a major obstacle to gender equality… States bear primary responsibility for preventing and responding to violence against children, and for upholding the UNCRC and other treaties, which guarantee girls and boys everywhere the right to live their lives free from violence (Kofi Annan, UN World Report 2006).

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Every day, more than 4,000 people, over 90% of them in low- and middle-income countries, die because of violence…. Much violence is not reported at all, so millions suffer untold and unaddressed harm (WHO 2008, 2006).

• In 2002, an estimated 31 000 deaths were attributed to homicide among children less than 15 years of age. (WHO, 2006, p. 10-11).

Global estimates Global estimates of child homicide of child homicide suggest that suggest that infants and very infants and very young children young children are at greater are at greater risk, with rates for risk, with rates for the 0-4 year age the 0-4 year age group more than group more than double those for double those for 5-14-year-olds. 5-14-year-olds. (WHO 2006)(WHO 2006)

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According to the UN According to the UN and WHO, an and WHO, an estimated 40 million estimated 40 million children are victims of children are victims of child abuse and child abuse and neglect by the age of neglect by the age of 14 annually around 14 annually around the world (Wolfe, the world (Wolfe, 2009; UN, 2006; 2009; UN, 2006; WHO, 1999).WHO, 1999).

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Child MaltreatmentChild Maltreatment

Convention on the Rights of Convention on the Rights of the Child (CRC)the Child (CRC)

Established in 1989-put in force in 1990Established in 1989-put in force in 1990 Quickest international convention to ever Quickest international convention to ever

come into force after its adoption by the come into force after its adoption by the United Nations (one year)United Nations (one year)

Established with a “World Plan of Action”Established with a “World Plan of Action” Ratified by more countries than any other Ratified by more countries than any other

international convention – all but 2 States: international convention – all but 2 States: the USA and Somaliathe USA and Somalia

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Child Rights Approach: Changes in Policy and Practice

Rights-based approaches aim to strengthen accountability of duty bearers for human rights through:Changes in policies, laws and programmes;More effective enforcement of laws against rights violations;Increased allocations of budgets and resources for poor, marginalized and at-risk people at all levels;Changes in awareness, attitudes, behaviours, practices, norms and values;Improvements in the quality and responsiveness of institutions and services;An economy that enables rights;Greater participation of rights holders in decisions and in claiming their rights; and Better data about people and their rights.These changes can be turned into indicators for levels of commitment towards and compliance with human rights standards by duty bearers. (Theis, 2003)

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Changes in Equity, Non-discrimination and Inclusion

Advocate for laws, policies, programmes and services that promote equity and the inclusion of all children into mainstream society

Challenge discrimination and exclusion and promote equity, diversity and choice

Raise awareness, change attitudes, behaviours and practices regarding issues of difference. Make families, communities, institutions and society more open, more tolerant and more accepting of diversity

Lobby for equitable allocation of budgets and resources Develop capacity of duty bearers to include marginalized groups

(e.g. inclusive education) Support and build capacity of excluded groups to demand their

own rights Make services accessible to all children (and their families) and

overcome obstacles to inclusion by ensuring access, quality, relevance and flexibility of mainstream services.

Promote changes in media reporting (Theis, 2003)9

Article 19Article 19

Child’s right to Child’s right to protection from all protection from all forms of violence: forms of violence: including physical, including physical, sexual, sexual, psychological psychological abuse, neglect or abuse, neglect or exploitation.exploitation.

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Article 19: The right of the child to protection from all forms of violence and maltreatment

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

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2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

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Article 19 - interpreted Requires a comprehensive approach on the part of

States to establish national and local legislation and social policy; ‘surveillance’-data collection/research; public health, medical, mental health, social & legal services; reporting and referral systems; training of professionals & all who work with or for children; public awareness & education; social support for families/parents and children and the necessary government financial allocations for implementation (Committee on the Rights of the Child- Concluding Observations/GC13)

As the USA advances toward CRC ratification, professionals will need to learn about children’s rights to protection as established through this international treaty. 13

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Update The UN Convention on the Rights of the Child (CRC),

the most widely ratified human rights treaty in history, was designed to strengthen the promotion and protection of all children’s rights, including the right to protection from violence and maltreatment.

International Society for Prevention of Child Abuse and Neglect (ISPCAN) & International Institute on Child Rights and Development (IICRD)-April 2008*

General Comment 13 will guide government, professional and civil society efforts to implement Article 19 and to strengthen interdisciplinary child protection systems in all countries.

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GC13 Consultations

January 2009-June 2010 - Research & Drafting of GC13

July-August 2010 Consultation Global participation 83 Responses (group &

individual) = 100’s on Draft FOCUS QUESTIONS (USA

example agenda)

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Topic 1: Role of the States - Support & Intervention (Sonia Velasquez, AmHumaneCD) 

Topic 2: National Plans of Action/Policy/Resources (Diane Geraghty, ChildLaw Center, Loyola Univ)

Topic 3: Mandatory Reporting (James Garbarino, Loyola Univ)

Topic 4: Children & Families / USA priorities (Linda Spears, CWLA)

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What is the appropriate balance, in cases of violence and maltreatment

in the family, between holding families accountable and providing

help and support for them?

Families require information, help, support - per the CRC.

Families are accountable - when they are informed, supported to provide the protection their children need.

The best interests: well-being and protection of the child - is the Priority outcome.

The USA can learn from and contribute to these critical global discussions. 5

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UN Convention on the Rights of UN Convention on the Rights of the Childthe Child1) Definition of the child;

2) Non-discrimination;3) Best interests of the child;4) Implementation of the rights in the CRC;5) Parental guidance and the child’s evolving capacities;6) Child‘s right to life and maximum survival and development;7) Birth registration, name, nationality and right to know and be cared for by parents;8) Preservation of identity;9) Separation from parents;10) Entering or leaving States for family reunification;11) Illicit transfer and non-return of children abroad;12) Respect for the views of the child;13) Child’s right to freedom of expression14) Child’s right to freedom of thought, conscience and religion;15) Child’s right to freedom of association and peaceful assembly;16) Child’s right to privacy;17) Child’s access to appropriate information;18) Parents’ joint responsibilities assisted by the State;19) Child’s right to protection from all forms of violence;20) Children deprived of their family environment;

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21) Adoption; 22) Refugee children;23) Rights of disabled children;24) Child’s right to health and health services (protection from traditional practices);25) Child’s right to periodic review of treatment;26) Child’s right to benefit from social security;27) Child’s right to adequate standard of living;28) Child’s right to education (#2 school discipline without violence);29) The aims of education;30) Children of minorities/ indigenous people;31) Child’s right to leisure, play and culture;32) Child labour;33) Children and drug abuse;34) Sexual exploitation of children;35) Prevention of abduction, sale/ trafficking;36) Protection from other forms of exploitation;37) Torture, degrading treatment and deprivation of liberty;38) Protection of children affected by armed conflict;39) Rehabilitation of child victims;40) Administration of juvenile justice;41) Respect for existing human rights

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Current Status The international GC13 Working Group’s

‘Final’ Draft submitted to the UN Committee on the Rights of the Child, January-pending approval.

APPROVED- Friday, 11 February 2011. Launching & Dissemination to begin

between March-May 2011. Parallel Focus on Technical Assistance in

Implementation and -- Improving Accountability to Children

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CRC General Comment 13: Protection of Children from all

forms of ViolenceCLARIFICATIONS TO ARTICLE 19 TEXT:

Paragraph 1 – Obligations of States Parties: “shall take all appropriate…measures”Leaves no leeway for the discretion of States Parties on the issue. States Parties are strictly obligated to undertake “all appropriate measures” to fully implement this right for all children.

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Clarifying that “all appropriate legislative, administrative, social and educational measures” establishes that effective protection of children requires the implementation by States Parties of broad-ranging measures, including public health approaches, which cut across all sectors of government and society.

This can only be accomplished by an integrated, cohesive, interdisciplinary and coordinated systems approach incorporating the full range of measures identified in Article 19 across the full range of interventions.

Only sustainable and coordinated government mandated systems and infrastructures will effectively prevent and respond to violence and maltreatment of children. 22

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Accountability A national coordinating framework is needed to ensure

that States Parties, national and local agencies and organizations, and relevant civil society stakeholders proactively and cooperatively establish and apply standards, indicators, tools, and systems of monitoring, measurement and evaluation to fulfill their obligations and commitments to protect children from violence and maltreatment.

The Committee has consistently required systems of accountability.

General Comment 13 will provide details on data management, developing or using indicators, monitoring, evaluation.

Further, States Parties should publish annual implementation reports to all stakeholders to understand and respond. 23

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Legislative measures Refers to both legislation and enforcement. Includes Federal law, State law and all relevant regulations which define a framework, system, mechanism and roles and responsibilities of concerned agencies and competent officers, including, but not limited to: Primary legislation: *CRC; * ratify the Convention’s two Optional Protocols and other international and regional human rights instruments that provide protection for children, and strengthen cooperation with treaty bodies and other human rights mechanisms; * review and withdraw any restrictive declarations and reservations; * review and amend domestic legislation in line with Article 19 and its implementation within the holistic framework of the Convention, including absolute prohibition of all forms of violence against all children in all settings; and * effective and appropriate sanctions against perpetrators; * which allow for a full range of responses in the best interests of the child; * ensure that relevant legislation provides adequate protection of children in relation to information technologies; * provide guidance on judicial procedures, including remedies available to children, in cases of violation of children’s rights to protection. 24

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Secondary legislation-includes enabling legislation to mandate the following: * social programmes to promote optimal positive childrearing by providing necessary support for the child and for those who have the care of the child; * establishment and functioning of integrated services; * child-friendly law enforcement and judicial procedures; * promotion of good research programmes; and the * systematic monitoring and evaluation of systems, services, programmes and outcomes.

States Parties are expected to implement in practice, and to report in detail to the Committee on the functioning of the whole legal framework, not just the text of the law on child caregiving and protection, specifying, amongst other things: who has responsibility for the child and family at each stage of intervention (including prevention); what those responsibilities are; at what stage and under what circumstances professionals can intervene; and how different sectors should work together. 25

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Administrative measures Should reflect governmental commitment to fulfilling protection rights and support monitoring and oversight. Specific examples include, but are not limited to: a) National and sub-national government levels: establishing, managing, monitoring and evaluating administrative systems, facilities, bodies, procedures, and national data collection systems; establishing a government focal point to coordinate child protection strategies and services; defining the roles, responsibilities and relationships between stakeholders on inter-agency steering committees with a view to their effectively managing, monitoring and holding accountable the implementing bodies at national and sub-national levels; ensuring that the process of decentralising services safeguards their quality, accountability and equitable distribution; implementing systematic and transparent budgeting processes to fund child protection systems; developing and implementing child rights and child protection impact analyses for all government policies; and providing support to independent national human rights institutions, promoting the establishment of specific child rights mandates such as Child Rights Ombudsmen where these do not yet exist.

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b) At all levels of government: ensuring the systematic monitoring and evaluation of systems, services, programs and outcomes based on indicators aligned with universal standards, and adjusted for and guided by locally established goals and objectives;

c) Professionals and institutions (government and civil society): developing and implementing - through participatory processes which encourage ownership and sustainability - intra- and inter-agency child protection policies, professional ethics codes, protocols, memoranda of understanding and standards of care for all childcare services.

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Social measures

Should reflect governmental commitment to fulfilling protection rights and provide for basic and targeted services. They can be initiated and implemented by both state and civil society actors. Specific examples include, but are not limited to:Social policy measures to reduce risk and prevent violence against children and child maltreatment;Social programmes to support the child individually and to support the child’s family and other caregivers to provide optimal positive childrearing.

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Educational measures

Should address: attitudes, traditions, customs, behaviour and practices; open discussion, including the engagement of media and civil society; children’s life skills, knowledge and participation; and capacity of those in contact with children.

They can be initiated and implemented by both State and civil society actors. For instance: a. For all stakeholders; b. For children; c. For families and communities; d. For professionals and institutions (government and civil society).

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Prevention Begin Child Protection with proactive prevention of all

forms of violence and maltreatment. Further to explicitly prohibiting all forms of violence and maltreatment, this includes public health and other measures to positively promote respectful childrearing for all children, free from violence and maltreatment and to target the root causes of violence and maltreatment at the levels of the child, family, perpetrator, community, institution and society.

Emphasis on general (primary) and targeted (secondary) prevention in the development and implementation of CP systems.

Preventive measures offer the greatest return on investment long-term for the most children, and address issues: a. For all stakeholders; b. For children; c. For families and communities; d. For professionals and institutions (government and civil society).

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“Judicial involvement” Judicial involvement should be positive and

preventive where possible, proactively encouraging positive behaviour as well as prohibiting negative behaviour. Judicial involvement should promote a coordinated and integrated approach across sectors, supporting and facilitating other professionals to work with children, caregivers, families and communities, and facilitating access to the full range of child caregiving and protection services available. Where judicial involvement is warranted, it may consist of .... several forms being pursued at once. (45)

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Indicators-What are we measuring?Structure—that is, evidence of COMMITMENT of a society to the element being considered.…..this is often comes in the form of laws and policies (see question below).Process – that is, evidence of ACTION being taken by society in making progress on the given element(see question below).Outcome – that is, RESULTS……which, in some cases, means indicators of output and, in other cases, means evidence that the state of child development across the population (according to the child’s evolving capacities) is actually improving…..in other words, real endpoint outcomes. Most Challenging: Evidence of Positive OUTCOMES FOR CHILDREN- Achieves real Accountability for Children.

ReferencesReferences Butchart, A., Phinney, A, et al. (2006). Butchart, A., Phinney, A, et al. (2006).

Preventing Child Maltreatment: a guide Preventing Child Maltreatment: a guide to taking action and generating to taking action and generating evidence, Geneva, WHO/ISPCAN.evidence, Geneva, WHO/ISPCAN.

Hodgkin, R. and Newell, P. (2002). Hodgkin, R. and Newell, P. (2002). Implementation Handbook for the Implementation Handbook for the Convention of the Rights of the Child. Convention of the Rights of the Child. New York, UNICEF.New York, UNICEF.

UN Study on Violence Against Children UN Study on Violence Against Children (2006)(2006)

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Related articles1.  Bennett, S., Hart, S. N., Svevo, K. (November 2009). Drafting the General Comment for Article 19. Child Abuse and Neglect. Lancet Dec 08, Jan 09 series of Child Rights & Child Maltreatment (1-6 relevant to this);

2. Svevo, K, Hart, S., Rubinson, C. (January 2010). “Protecting Children from Violence and Maltreatment: A Qualitative Comparative Analysis Assessing the Implementation of U.N. CRC Article 19." Child Abuse and Neglect. 45