violence against children WORLD REPORT ON - CRIN
violence against children WORLD REPORT ON - CRIN violence against children WORLD REPORT ON - CRIN
5older children. Many children reported thatthe staff often failed to intervene, even whenabuses occurred in front of them. Some childrenran away from the centres in the beliefthat they would be safer on the streets. 159Children in peacetime armiesThis study does not cover the subject of childsoldiers during wartime, which was exploredin the 1996 UN study Impact of Armed Conflicton Children (known as the Machel Study)and its follow-up. However, children who aremembers of Government military forces maybe subjected to violence in peacetime. Themode of life, work, and residence of these childrenis essentially institutional, taking place inarmy barracks or training camps.In at least 65 countries around the world,boys and girls are recruited into Governmentmilitary forces, either legally as volunteers, orillegally through force or deception. 160 Considerableevidence indicates that such underagesoldiers may be subjected to bullying,rape, sexual violence, and harassment to thepoint of self-harm and/or suicide, depressionand mental illness. For example, in Paraguay,children as young as 12 have been forciblyrecruited into the armed forces, often withbirth certificates falsified by civilian or militaryauthorities. Since 1989, over 100 youngconscripts have died while serving compulsorymilitary service, and many others have beenvictims of serious accidents. The deaths andinjuries were believed to be the result of punishmentby officers and the lack of safety measuresfor dangerous activities such as handlingweapons. Some conscripts suffered permanentpsychiatric damage after systematic ill-treatment.161,162,163In the UK, the suspicious deaths of two 17 yearold soldiers at Deepcut Army Barracks led torevelations of other suicides, as well as dozensof incidents of self-harm and systematic bullyingat the barracks. A 2004 parliamentarycommittee later conducted an inquiry and recommendedan external complaints procedureto investigate allegations of bullying and abusein the British military. 164Although not members of the armed forces,thousands of children live permanently onmilitary bases in army barracks. In Kazakhstan,Russia and the Ukraine, homeless andorphaned children may be ‘adopted’ by militaryunits from the age of 10 or 11. They alsoreceive military training, raising concernsabout their exposure to harsh conditions, bullyingand other forms of abuse, and hazardousactivities such as weapons training. 165Responses to violenceagainst children in careand justice institutionsA variety of responses is required to preventand respond to violence against children incare and justice systems. As with other settingsin which violence against children occurs,primary prevention to avoid violence beforeit takes place in institutions is highly important.This has two major thrusts: reducingthe main factors that lead to children beingplaced in institutions, and providing alterna-203Violence against Children in care and justice institutions
204Violence against Children in care and justice institutionstives to the institutions themselves. The firstof these can only be dealt with briefly in thissection, and is also addressed in the chapteron violence against children in the home andfamily. Alternatives to institutionalisation aredescribed in more detail.The section also deals with secondary preventionmeasures focused on responding immediatelyto violence in institutions. These takeinto account that however fast primary preventionadvances and institutionalisation isreduced, existing institutions and all alternativecare placements must be made safe placesfor children. These include better training andappropriate remuneration for staff, more andbetter services to meet a wide range of children’sneeds (including those related to sex anddisability), improved supervision and administrativetransparency, and more openness to thevoices and involvement of children and theirfamilies.Also essential is action to address the impunityof those who are responsible for violenceagainst children, by establishing effective andtransparent monitoring, investigation andaccountability mechanisms.Legislative actionA clear legislative basis to deal with children incare and detention is an essential part of eliminatingviolence against children in institutionsand other forms of alternative care. In somecountries, this may best be contained within acomprehensive children’s act or similar broadbasedpiece of legislation; in others, existinglegislation may need to be modified. In allcases, legislation should be consistent with theCRC and other human rights instruments.Some important features of such legislationinclude the following.The State must not itself be a perpetrator ofviolence against individuals in its care. Thereforeall forms of violent sentencing must beeliminated, including capital punishment andlife imprisonment without the possibility ofrelease. The use of corporal punishment andother cruel or degrading forms of punishmentor control must be prohibited explicitly withinall institutional and alternative care settingswhere children reside or are detained.In the interests of reducing the numbers ofchildren taken into custody, criminal codesand other legislation related to crime and policingneed to decriminalise status offences andsurvival behaviours (such as begging, loitering,vagrancy) to remove the legal basis under whichmany children are taken into custody. Sexuallyexploited or trafficked children should betreated as victims to be helped rather than perpetratorsto be arrested, and must be providedwith community-based care and protection.In the case of trafficking and illegal entry ofmigrant children, there should be a non-punishmentclause for immigration offences suchas possession of fraudulent documents.Legislation must reflect States’ obligations toprotect children, wherever they are placed andwhoever is providing or managing the institutionor form of care. All potential staff shouldbe screened. All institutions and alternativeforms of care must be registered and the careof children within them regulated in detail. All
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5older <strong>children</strong>. Many <strong>children</strong> reported thatthe staff often failed to intervene, even whenabuses occurred in front of them. Some <strong>children</strong>ran away from the centres in the beliefthat they would be safer on the streets. 159Children in peacetime armiesThis study does not cover the subject of childsoldiers during wartime, which was exploredin the 1996 UN study Impact of Armed Conflicton Children (known as the Machel Study)and its follow-up. However, <strong>children</strong> who aremembers of Government military forces maybe subjected to <strong>violence</strong> in peacetime. Themode of life, work, and residence of these <strong>children</strong>is essentially institutional, taking place inarmy barracks or training camps.In at least 65 countries around the world,boys and girls are recruited into Governmentmilitary forces, either legally as volunteers, orillegally through force or deception. 160 Considerableevidence indicates that such underagesoldiers may be subjected to bullying,rape, sexual <strong>violence</strong>, and harassment to thepoint of self-harm and/or suicide, depressionand mental illness. For example, in Paraguay,<strong>children</strong> as young as 12 have been forciblyrecruited into the armed forces, often withbirth certificates falsified by civilian or militaryauthorities. Since 1989, over 100 youngconscripts have died while serving compulsorymilitary service, and many others have beenvictims of serious accidents. The deaths andinjuries were believed to be the result of punishmentby officers and the lack of safety measuresfor dangerous activities such as handlingweapons. Some conscripts suffered permanentpsychiatric damage after systematic ill-treatment.161,162,163In the UK, the suspicious deaths of two 17 yearold soldiers at Deepcut Army Barracks led torevelations of other suicides, as well as dozensof incidents of self-harm and systematic bullyingat the barracks. A 2004 parliamentarycommittee later conducted an inquiry and recommendedan external complaints procedureto investigate allegations of bullying and abusein the British military. 164Although not members of the armed forces,thousands of <strong>children</strong> live permanently onmilitary bases in army barracks. In Kazakhstan,Russia and the Ukraine, homeless andorphaned <strong>children</strong> may be ‘adopted’ by militaryunits from the age of 10 or 11. They alsoreceive military training, raising concernsabout their exposure to harsh conditions, bullyingand other forms of abuse, and hazardousactivities such as weapons training. 165Responses to <strong>violence</strong><strong>against</strong> <strong>children</strong> in careand justice institutionsA variety of responses is required to preventand respond to <strong>violence</strong> <strong>against</strong> <strong>children</strong> incare and justice systems. As with other settingsin which <strong>violence</strong> <strong>against</strong> <strong>children</strong> occurs,primary prevention to avoid <strong>violence</strong> beforeit takes place in institutions is highly important.This has two major thrusts: reducingthe main factors that lead to <strong>children</strong> beingplaced in institutions, and providing alterna-203Violence <strong>against</strong> Children in care and justice institutions