violence against children WORLD REPORT ON - CRIN

140Violence against children in schools and educational settingsshould be well disseminated to children andto all those working with or for children in allsettings. Monitoring disciplinary systems andthe treatment of children must be part of thesustained supervision of all institutions andplacements. Children and their representativesin all such placements should have immediateand confidential access to child-sensitiveadvice, advocacy and complaints proceduresand ultimately to courts where necessary, andlegal assistance. In institutions, there shouldbe a requirement to report and to review anyviolent incidents.Many countries have laws or, at least, policiesthat prevent sexual harassment in the workplaceand these often apply to educationalworkplaces, such as schools, and may serve toprotect both teachers and students. In SouthAfrica, for example, the Promotion of Equalityand Prevention of Unfair Discrimination Act 4(2000), defines harassment as “unwanted conductwhich is persistent or serious and demeans,humiliates or creates a hostile or intimidatingenvironment or is calculated to induce submission... and which is related to sex, gender orsexual orientation.” The Government of SouthAfrica has taken steps to make the investigationof alleged rapes more sensitive to the concernsof victims and, therefore, more likely toresult in successful prosecutions. In addition,South Africa’s Department of Education hasSouth Africa’s guidelines to stopping teachers fromsexually abusing studentsIn 2000, South Africa’s Department of Education issued guidelines noting the prevalenceof 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 foreducators, who are in a position of trust.– Strict disciplinary action will be taken against any educator who has sex with alearner.– Sex that is demanded by an educator without consent is rape, which is a seriouscrime, and the educator will be charged. If an educator has sex with a girl orboy who is under 16 years, he or she will be charged with statutory rape andmay face a penalty of life imprisonment.– If you are aware of a colleague who is having sexual relations with a learner,you must report them to the principal or higher educational authorities, andif the boy or girl is under 16, to the police. If you do not do so you may becharged with being an accessory to rape. 172