violence against children WORLD REPORT ON - CRIN

3have the primary responsibility for the upbringing and development of the child,” andin paragraph 2: “… States parties shall render appropriate assistance to parents and legalguardians in the performance of their child-rearing responsibilities.” Article 3 requiresthat “the best interest of the child shall be a primary consideration in all actions concerningchildren.” Article 9 states: “A child shall not be separated from his or her parentsagainst their will” except when competent authorities determine that such separation isnecessary in the best interests of the child, including in cases of violence.The CRC therefore provides clear authorisation to the State to protect children againstall forms of violence in the home and family, and establishes its role as final arbiter ofchild welfare in the domestic arena. Article 19 asserts children’s right to protection“from all forms of physical or mental violence, injury and abuse, neglect or negligenttreatment, maltreatment or exploitation, including sexual abuse, while in the care ofparent(s), legal guardian(s) or any other person who has care of the child.” Articles 20and 21 address the State’s obligations to make arrangements for alternative care wherea child is parentless or has been separated from the family. Article 23 concerns specialsupport for disabled children; articles 34 and 35 seek protection from sexual exploitationand abuse, and from sale and trafficking; article 37 states: “No child shall besubjected to torture or other cruel, inhuman or degrading treatment or punishment;”article 24 requires States to take action to end harmful traditional practices, includingfor example FGM and forced and/or early marriage.The CRC requires States both to prevent all forms of violence and to respond to violenceeffectively when it occurs. While the State cannot be held directly responsible for individualacts of violence against children by parents or others, it is required to provide aframework of law and other necessary measures to supply adequate protection, includingeffective deterrence. Few States have put in place the necessary laws prohibiting allviolence against children, together with policies, structures, and reporting and referralmechanisms to address violence in the home and family. Law enforcement officials inmany countries remain reluctant to intervene even in cases of severe violence, childmarriage, and incest. Violent forms of discipline remain legal and socially accepted inmany States, despite the consistent interpretation of the CRC and other human rightsinstruments as requiring their prohibition and elimination (most recently, this hasbeen underlined by the Committee’s General Comment No. 8, 2006 on “The right ofthe child to protection from corporal punishment and other cruel or degrading formsof punishment and control,” discussed later in this chapter). 449Violence against children in the home and family