violence against children WORLD REPORT ON - CRIN

“Fundamental rights, children rights are yet to be built, first and foremost at national level.”Françoise Tulkens, Judge of the European Court of Human Rights, April 2006 III38Violence against children and international human rights law and standardsRegional human rightssystemsThe international legal framework for the promotionand protection of human rights and thestandards that it provides in respect of violenceagainst children are reinforced by treaties whichhave been adopted regionally, by the Council ofEurope, the European Union, the Organizationof American States, the African Union, andmechanisms established to monitor and enforcethem. The African Charter on the Rights of theChild is particularly relevant, as is the AfricanProtocol on the Rights of Women adopted in2004 which contains provisions directed at theelimination of harmful traditional practices,including female genital mutilation (FGM),scarification, medicalisation of harmful traditionalpractices, and establishes 18 years asbeing the minimum age for marriage.Regional human rights mechanisms, responsiblefor the oversight of these legal instrumentshave addressed various forms of violenceagainst children. For example, the EuropeanCourt of Human Rights has found violationsof the European Convention on Human Rightsin a number of judgements concerning casesof corporal punishment in the penal system,schools and the home. 13 Other judgements ofthe Court have concerned sexual abuse, failuresof child protection systems and juvenilejustice. 14 The European Committee of SocialRights, which monitors compliance with theEuropean Social Charter and the RevisedSocial Charter, has held that these instrumentsrequire prohibition in legislation of any formof violence against children. 15“The Committee does not find it acceptablethat a society which prohibits anyform of physical violence between adultswould accept that adults subject childrento physical violence.”European Committee of Social Rights (2001).General observation in General Introductionto Conclusions XV–2, Volume 1 16In 2002, the Inter-American Court of HumanRights issued an Advisory Opinion on thelegal status and human rights of the child: thisindicates that States parties to the AmericanConvention on Human Rights are under anobligation to adopt all positive measures toensure protection of children against mistreatment,whether in their relations with publicauthorities or private individuals or with nongovernmentalentities. 17In 2003, the African Commission on Humanand Peoples’ Rights decided that lashing ofstudents constituted cruel, inhuman or degradingpunishment and requested that the Stateconcerned amend the law, abolish lashing as apenalty and take appropriate measures to compensatethe victims. 18