violence against children WORLD REPORT ON - CRIN

“In bringing to light the many issues of children facing violence, we realize that our plight is part ofa larger worldwide struggle for the realization of human rights. Our cry is not to be treated speciallybut, rather, humanely, in accordance with the core values of human dignity that are the cornerstones ofthe Universal Declaration of Human rights. As global citizens we demand to be acknowledged as firstand not second class human beings.”Declaration of children and young people, Regional Consultation, the Caribbean, 2005 II36Violence against children and international human rights law and standards“… interpretation of a child’s best interestsmust be consistent with the whole Convention,including the obligation to protectchildren from all forms of violence and therequirement to give due weight to the child’sviews; it cannot be used to justify practices,including corporal punishment and otherforms of cruel or degrading punishment,which conflict with the child’s human dignityand right to physical integrity.”Committee on the Rights of the Child,General Comment No. 8 6dimensions (article 6), is also identified as ageneral principle. Under article 12, the childhas the right to express his/her views freely onall matters affecting them and to have theirviews given due weight in accordance with ageand maturity.The Committee on the Rights of the Child,which has been considering reports from States“… in conceptualising violence, the criticalstarting point and frame of reference mustbe the experience of children themselves.Therefore children and young people mustbe meaningfully involved in promotingand strategising action on violence againstchildren”.Committee on the Rights of the Child,recommendations adopted following the dayof general discussion on Violence againstChildren in the Family and Schools, 2001 7since 1993, has provided substantial guidanceon States’ obligations on violence against children,in particular regarding recommendationsissued following its two days of generaldiscussion on Violence against Children in2000 8 and 2001 9 and in its General CommentsNos 1 10 and 8. 11The Committee has been pleased to note thatdomestic courts, including constitutional andsuperior courts in many jurisdictions, havecondemned violence against children in judgementswhich increasingly draw on humanrights treaties, in particular the CRC, and theoutput of the human rights treaty bodies.“Children have rights no way inferior tothe rights of adults. Fiji has ratified theConvention. Our Constitution also guaranteesfundamental rights to every person.Government is required to adhere to principlesrespecting the rights of all individuals,communities and groups. By theirstatus as children, children need specialprotection. Our educational institutionsshould be sanctuaries of peace and creativeenrichment, not places for fear, ill-treatmentand tampering with the human dignityof students.”Fiji Court of Appeal, 2002, in Naushadv. the State, holding that corporalpunishment in schools and the penalsystem is unconstitutional 12