violence against children WORLD REPORT ON - CRIN
violence against children WORLD REPORT ON - CRIN violence against children WORLD REPORT ON - CRIN
5qualified and fit to work with children andyoung people, that their professional statusis recognised, and that their wages areadequate. Levels of staffing should ensureadequate supervision and oversight.4. Sensitise police, referral agencies, lawyers,judges, institution managers andstaff. Governments should ensure that allthose who come into contact with childrenduring the process of their assimilationinto care and justice systems shouldbe familiarised with children’s rights; thisapplies equally to the children concernedand to their parents.5. Ensure court systems are sensitive to theneeds of children and their families. Governmentsshould ensure that child victims,including those who have witnessed familyviolence, are not re-victimised during thejustice process nor subjected to extended ordrawn out cross-examination or other legalprocesses. In line with the Guidelines onJustice for Child Victims and Witnesses ofCrime (ECOSOC Resolution 2005/20),all investigations, law enforcement, prosecutionand judicial processes should takeinto account the needs of these childrenin terms of their age, sex, disability andlevel of maturity, and fully respect theirphysical, mental and moral integrity. If itis in their best interests, children should beaccompanied by a trusted adult throughouttheir involvement in the justice process.Moreover, the child’s privacy should beprotected, his or her identity and confidentialityrespected, and he or she should notbe subjected to excessive interviews, statements,hearings and unnecessary contactwith the justice process.Consideration should be given to the useof video-taping and other testimonial aidssuch as the use of screens or closed-circuittelevisions. Unnecessary contacts with thealleged perpetrator, or their defence counsel,should be eliminated. Speedy trialsshould also be ensured, unless delays arein the child’s best interests.6. Regularly reassess placements. Governmentsshould ensure that authoritiesregularly review the reasons for a child’splacement in care, residential or detentionfacilities, and assess whether continuedinstitutionalisation is necessary; children(and their parents when appropriate)should be involved in reviews at all stagesto determine appropriate care options.7. Ensure effective complaints, investigationand enforcement mechanisms. Governmentsshould ensure that children havesimple, accessible and safe opportunities toraise concerns and complain about the waythey are treated without the risk of reprisals,and have access to the courts when necessary.All allegations of violence must beinvestigated thoroughly and promptly, safeguarding‘whistleblowers’ from reprisals.8. Effective sanctions against perpetrators.Governments should adopt and applya continuum of appropriate criminal, civil,administrative and professional proceedingsand sanctions against individuals who are217Violence against Children in care and justice institutions
218Violence against Children in care and justice institutionsresponsible for violence against children aswell as against those who are responsible forinstitutions where such violence takes place.9. Ensure effective monitoring and access.Governments shouild ensure that institutionsare inspected regularly by appropriatelyempowered independent bodieswith the authority to enter without warning,interview children and staff in privateand investigate any alleged violence;access to institutions by NGOs, lawyers,judges, ombudspersons, national humanrights institutions, parliamentarians, themedia, and others as appropriate shouldbe assured, while respecting children’s privacyrights.10. Registration and collection of data. Governmentsshould ensure that all placementsand movements of children between placements,including detention, are registeredand centrally reported. Data on childrenin detention and residential care should besystematically collected and published. Ata minimum, such data should be disaggregatedby sex, age, disability and reasons forplacement. All incidents of violence shouldbe recorded and centrally reported. Informationon violence against children shouldalso be collected through confidential exitinterviews with all children leaving suchinstitutions, in order to measure progressin ending violence against children.For care and social welfare systems11. Support parents’ capacity to care for theirchildren. Governments should fulfil theirobligations to reduce rates of abandonmentand institutionalisation by ensuring parents’access to adequate support, includingservices and livelihood programmes. Priorityshould be given to supporting familiesof children with disabilities, and other childrenat high risk of abandonment or institutionalisation.12. Ensure that alternatives to institutionalisationcover all children in need ofcare. This includes all children in need ofcare, especially orphaned children, thosewith disabilities, and minority or marginalisedgroups. Government should ensurethat family-based care options are favouredin all cases, and are the only option forbabies and small children.For justice systems13. Reduce detention. Governments shouldensure that detention is only used for childoffenders who are assessed as posing a realdanger to others, and then only as a lastresort, for the shortest necessary time, andfollowing judicial hearing, with greaterresources invested in alternative familyandcommunity-based rehabilitation andreintegration programmes.14. Legal reform. Governments should ensurethat all forms of violent sentencing are prohibitedfor offences committed before theage of eighteen, including the death penalty,and all indeterminate and disproportionatesentences, including life imprisonmentwithout parole and corporal punishment.Status offences (such as truancy), survival
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218Violence <strong>against</strong> Children in care and justice institutionsresponsible for <strong>violence</strong> <strong>against</strong> <strong>children</strong> aswell as <strong>against</strong> those who are responsible forinstitutions where such <strong>violence</strong> takes place.9. Ensure effective monitoring and access.Governments shouild ensure that institutionsare inspected regularly by appropriatelyempowered independent bodieswith the authority to enter without warning,interview <strong>children</strong> and staff in privateand investigate any alleged <strong>violence</strong>;access to institutions by NGOs, lawyers,judges, ombudspersons, national humanrights institutions, parliamentarians, themedia, and others as appropriate shouldbe assured, while respecting <strong>children</strong>’s privacyrights.10. Registration and collection of data. Governmentsshould ensure that all placementsand movements of <strong>children</strong> between placements,including detention, are registeredand centrally reported. Data on <strong>children</strong>in detention and residential care should besystematically collected and published. Ata minimum, such data should be disaggregatedby sex, age, disability and reasons forplacement. All incidents of <strong>violence</strong> shouldbe recorded and centrally reported. Informationon <strong>violence</strong> <strong>against</strong> <strong>children</strong> shouldalso be collected through confidential exitinterviews with all <strong>children</strong> leaving suchinstitutions, in order to measure progressin ending <strong>violence</strong> <strong>against</strong> <strong>children</strong>.For care and social welfare systems11. Support parents’ capacity to care for their<strong>children</strong>. Governments should fulfil theirobligations to reduce rates of abandonmentand institutionalisation by ensuring parents’access to adequate support, includingservices and livelihood programmes. Priorityshould be given to supporting familiesof <strong>children</strong> with disabilities, and other <strong>children</strong>at high risk of abandonment or institutionalisation.12. Ensure that alternatives to institutionalisationcover all <strong>children</strong> in need ofcare. This includes all <strong>children</strong> in need ofcare, especially orphaned <strong>children</strong>, thosewith disabilities, and minority or marginalisedgroups. Government should ensurethat family-based care options are favouredin all cases, and are the only option forbabies and small <strong>children</strong>.For justice systems13. Reduce detention. Governments shouldensure that detention is only used for childoffenders who are assessed as posing a realdanger to others, and then only as a lastresort, for the shortest necessary time, andfollowing judicial hearing, with greaterresources invested in alternative familyandcommunity-based rehabilitation andreintegration programmes.14. Legal reform. Governments should ensurethat all forms of violent sentencing are prohibitedfor offences committed before theage of eighteen, including the death penalty,and all indeterminate and disproportionatesentences, including life imprisonmentwithout parole and corporal punishment.Status offences (such as truancy), survival