violence against children WORLD REPORT ON - CRIN

“Children are betrayed every day by silence, inaction, and impunity. Teachers who have sexuallyassaulted their pupils continue to teach. Police officers who have tortured children before witnessesremain on duty. Orphanage staff who subject children to shocking levels of cruelty and neglect sufferno consequences. Too often, children are victimized twice: first by the initial abuse, and again by thefailure of authorities to hold perpetrators accountable.”Jo Becker, Editorial Board of the UN Secretary-General’s Study on Violence against Children34Violence against children and international human rights law and standardsin conformity with the present Convention.”In interpreting this provision, the Committeeunderlines that it requires States partiesto prohibit corporal punishment and all otherhumiliating and harmful forms of disciplinein the educational context.“…Children do not lose their humanrights by virtue of passing through theschool gates. Thus, for example, educationmust be provided in a way that respectsthe inherent dignity of the child, enablesthe child to express his or her views freelyin accordance with article 12(1) and toparticipate in school life. Education mustalso be provided in a way that respectsthe strict limits on discipline reflected inarticle 28(2) and promotes non-violence inschool…”Committee on the Rights of the Child,General Comment No. 1 5Articles 32 to 36 entrench the child’s legalright to protection from various forms ofexploitation: from economic exploitation andfrom “any work that is likely to be hazardousor to interfere with the child’s education, orto be harmful to the child’s health or physical,mental, spiritual, moral or social development”(article 32); from “the illicit use of narcoticdrugs and psychotropic substances” andinvolvement “in the illicit production and traffickingof such substances” (article 33); from“all forms of sexual exploitation and sexualabuse,” including prostitution and pornography(article 34); from abduction, sale and trafficking(article 35); and from “all other formsof exploitation prejudicial to any aspects of thechild’s welfare” (article 36).Article 38, by which States parties undertaketo respect and to ensure respect for the rules ofinternational humanitarian law applicable tothem in relation to children and armed conflicts,recalls the obligations laid down in theGeneva Conventions, while article 37 declaresthat no child shall be subjected to “torture orother cruel, inhuman or degrading treatment orpunishment,” nor sentenced to capital punishmentor to life imprisonment without possibilityof release. Article 37 also prohibits all arbitraryor unlawful restriction of the liberty of children,and sets out strict limits and conditions for anydeprivation of liberty, which apply to any restrictionof liberty imposed for ‘welfare’ as well asfor ‘penal’ purposes. Article 39 obliges States totake all appropriate measures to promote physicaland psychological recovery and social reintegrationof child victims of violence.Together with article 37, article 40 on theadministration of juvenile justice sets outdetailed safeguards: children who come intoconflict with the law should be “treated in amanner consistent with the promotion of thechild’s sense of dignity and worth,” which,combined with article 19, requires the State toensure that children do not suffer violence atthe hands of State officials at any stage of thesystem. Treatment and punishments must notinvolve physical or mental violence of any kind.Wherever appropriate and desirable, thereshould be diversion from judicial systems; forchildren found guilty of infringing the lawthere should be alternatives to institutional care,“such as care, guidance and supervision orders;