violence against children WORLD REPORT ON - CRIN

3from assault, including within the family, doesnot mean that all cases of corporal punishmentof children by their parents that come to lightshould lead to prosecution of parents: “The deminimis principle – that the law does not concernitself with trivial matters – ensures thatminor assaults between adults only come tocourt in very exceptional circumstances; thesame will be true of minor assaults on children.States need to develop effective reporting andreferral mechanisms. While all reports of violenceagainst children should be appropriatelyinvestigated and their protection from significantharm assured, the aim should be to stopparents using violent or other cruel or degradingpunishments through supportive and educational,not punitive, interventions.” 173For legal reform to fulfil the purpose intended,advice and training will be needed for all thoseinvolved in child protection systems, includingthe police, prosecuting authorities and thecourts. Guidance should emphasise that supportfor the family and for constructive and non-violentupbringing is vital, and that any question ofseparating a child from his or her family mustfully respect the best interests of the child.Other areas for legal changeSome countries have introduced measures tocriminalise abuse by intimate partners; measureswhich broaden the definition of rape havebeen introduced, thus dispelling the notion thatviolence among intimates is a private matter,thereby helping to shift social norms. 175However, legal change does not guarantee socialchange where it is not backed up by public andprofessional education. Laws passed to reflectCRC obligations which are not linked to widespreadpublic education and which clash withcultural norms and accepted practices may besystematically ignored. Combating harmfultraditional practices such as FGM, for example,cannot be achieved by legal change alone,even though legal systems should and mustcondemn them. Legal change must be accompaniedby education programmes directed atofficials, parents and children.In some cases, legislation exists but is insufficient;imprecise or insensitive implementationof it can compound children’s victimisationrather than relieve it. Some existing legislationis so inadequate that it penalises child victimsinstead of family perpetrators; in these circumstances,it may actually reinforce the possibilityof violence against children. In many settingsin Africa, Asia and the Middle East, when ayoung girl below the age of consent or maritalunion has been raped and become pregnant,marriage to the rapist can be imposed uponher by the courts and her parents. 176 Legislationagainst so-called ‘honour killings’ mayimpose more lenient sentences than on otherhomicides, or perpetrators may be exoneratedby traditional justice systems; and childrensold into prostitution may bear the brunt ofsocial disapproval or be treated as criminals.Preventing violence against children in thehome and family setting requires legal reformto reach beyond laws directly concerned withviolence. To achieve large-scale reductionsin violence against children, legal and policyframeworks must address the underlying risk75Violence against children in the home and family