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22 September 2000
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CRC
25th session
22 September 2000
Afternoon
Working Groups Present Recommendations To the Committee
The Committee on the Rights of the Child concluded this afternoon its day-long general discussion on State violence against children by hearing recommendations made by its two working groups.
Following their separate discussions, the working groups came out with a series of recommendations on the issue of mistreatment, abuse and neglect of children in the care of the State, and on violence against children in the context of law and order concerns.
In their recommendations, the working groups commonly agreed that consideration should be given to the need for an in-depth international study to be conducted on the issue of violence against children. They said that the different types of violent treatment of which children were victims should be explored and identified.
The working groups also underlined that all States should be urged to give priority attention to violence against children in the General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action. They recommended that consideration be given to the appointment of special rapporteurs on street children, and on violence against children, in order to bring international attention to those issues. Alternatively, effective measures should be sought in order to strengthen existing mechanisms to ensure that violence against children and the situation of street children was adequately addressed by the UN system.
The recommendations of the working groups will be adopted by the Committee before the conclusion of its three-week session which will end on 6 October.
The Committee will reconvene at 10 a.m. on Monday, 25 September, in private to consider its draft concluding observations on country reports already taken up this session. It will next meet in public at 10 a.m. on Tuesday, 26 September to examine the report of Tajikistan.
Joint General Recommendations by the Working Groups
In general recommendations, the two working groups underlined that all States should be urged to give priority attention to violence against children in the General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action. Further, consideration should be given to the need for an in-depth international study to be conducted on the issue of violence against children.
It was also recommended that the Committee issue a set of General Comments on different forms of violence against children; consideration should be given to the drafting and adoption of a Protocol to the Convention on the Rights of the Child to allow for individual complaints, based on the model of the Optional Protocol to the International Covenant on Civil and Political Rights.
Further, the working groups recommended that consideration be given to the appointment of special rapporteurs on street children, and on violence against children, in order to bring international attention to those issues. Alternatively, effective measures should be sought in order to strengthen existing mechanisms to ensure that violence against children and the situation of street children was adequately addressed by the UN system. In addition, consideration should be given to expanding the scope of the United Nations Fund for Victims of Torture to provide for the rehabilitation of children who were victims of violence.
Recommendations of Working Group on Mistreatment, Abuse and Neglect of Children in State Care
The working group on mistreatment, abuse and neglect of children in the care of the State issued specific recommendations in which it stressed, among other things, that the Committee should urge States parties to review all relevant legislation to ensure that all forms of violence against children were prohibited, including the use of corporal punishment and other violent measures of discipline; that placement decisions were subject to periodic judicial review, including at the request of children themselves; and that all institutions maintained detailed "Maximum Standards of Care" that were set out in binding rules and regulations.
On the issue of sensitization, non-governmental, UN human rights mechanisms and other bodies should give priority to the problem of violence against children. The launching of public information campaigns to raise awareness about the severity of human rights violations in that domain was urged to address cultural acceptance of violence against children; and sensitization efforts should include a focus on the need to fully integrate all children into society to the greatest extent possible.
States parties should develop the use of alterative measures to avoid caring for children in large and impersonal institutions, and should carefully review allocation of resources so as to ensure that available resources were used in the most effective manner to improve the protection and care of children. Families should be supported in their efforts to care for their own children. In particular, special education and rehabilitative treatment for children with disabilities and support services for their families could and should be provided, on an out-patient or community basis.
States should ensure that when a child was abandoned by or deprived of his or her parents, that efforts were made to locate and support other relatives that might be willing and able to care for the child. Vulnerable children should receive frequent home visits by care workers with small case loads. This could be effective in reducing the rate of institutionalization. In addition, States should support 24-hour "hotlines" to provide advice, counselling and support for children who were victims of violence.
On the issue of training, States parties, in partnership with relevant NGOs and experts, should ensure training in child rights for all professional groups. Such training should include relevant human rights standards, non-violent methods of discipline, and alternatives to institutionalization.
Recommendations of Working Group on Violence Against Children in the Context of Law and Order Concerns
The working group on violence against children in the context of law and order concerns recommended that States parties be urged to review all relevant domestic legislation to ensure the urgent repeal of any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of 18, contrary to the provisions of the Convention; to introduce laws banning cruel, inhuman or degrading treatment use for disciplining or punishment within the child justice system; and to review legislation in order to ensure that children up to the age of 18 were not subjected to their provisions and inappropriately brought into contact with the criminal justice system.
In addition, urgent consideration should be given, among other things, to safeguards provided to children in custody including compulsory representation of children by lawyers; strict time limits set on pre-trial detention with charge, and before being brought to court for the trial itself; and the use of strict evidential guidelines on the admissibility of confessions obtained through torture or ill-treatment. Human rights commissions and other national human rights institutions should be given the power to investigate abuses and seek redress.
On the international level, it was recommended that consideration be given to definition of the fundamental core standards to be met in child justice systems and rigorous enforcement of them; and incorporation of the Convention into the guiding principles of regional human rights bodies and domestic legislation. States parties should adopt legislation, and the application of the definition of torture to children should to be examined to recognize the lower threshold of pain and suffering experienced by them.
There should also be independent inspection of conditions in police and penal institutions to ensure that they were in line with international human rights standards.
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25th session
22 September 2000
Afternoon
Working Groups Present Recommendations To the Committee
The Committee on the Rights of the Child concluded this afternoon its day-long general discussion on State violence against children by hearing recommendations made by its two working groups.
Following their separate discussions, the working groups came out with a series of recommendations on the issue of mistreatment, abuse and neglect of children in the care of the State, and on violence against children in the context of law and order concerns.
In their recommendations, the working groups commonly agreed that consideration should be given to the need for an in-depth international study to be conducted on the issue of violence against children. They said that the different types of violent treatment of which children were victims should be explored and identified.
The working groups also underlined that all States should be urged to give priority attention to violence against children in the General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action. They recommended that consideration be given to the appointment of special rapporteurs on street children, and on violence against children, in order to bring international attention to those issues. Alternatively, effective measures should be sought in order to strengthen existing mechanisms to ensure that violence against children and the situation of street children was adequately addressed by the UN system.
The recommendations of the working groups will be adopted by the Committee before the conclusion of its three-week session which will end on 6 October.
The Committee will reconvene at 10 a.m. on Monday, 25 September, in private to consider its draft concluding observations on country reports already taken up this session. It will next meet in public at 10 a.m. on Tuesday, 26 September to examine the report of Tajikistan.
Joint General Recommendations by the Working Groups
In general recommendations, the two working groups underlined that all States should be urged to give priority attention to violence against children in the General Assembly Special Session on Children in 2001, and to include steps to eliminate such violence in its resulting plan of action. Further, consideration should be given to the need for an in-depth international study to be conducted on the issue of violence against children.
It was also recommended that the Committee issue a set of General Comments on different forms of violence against children; consideration should be given to the drafting and adoption of a Protocol to the Convention on the Rights of the Child to allow for individual complaints, based on the model of the Optional Protocol to the International Covenant on Civil and Political Rights.
Further, the working groups recommended that consideration be given to the appointment of special rapporteurs on street children, and on violence against children, in order to bring international attention to those issues. Alternatively, effective measures should be sought in order to strengthen existing mechanisms to ensure that violence against children and the situation of street children was adequately addressed by the UN system. In addition, consideration should be given to expanding the scope of the United Nations Fund for Victims of Torture to provide for the rehabilitation of children who were victims of violence.
Recommendations of Working Group on Mistreatment, Abuse and Neglect of Children in State Care
The working group on mistreatment, abuse and neglect of children in the care of the State issued specific recommendations in which it stressed, among other things, that the Committee should urge States parties to review all relevant legislation to ensure that all forms of violence against children were prohibited, including the use of corporal punishment and other violent measures of discipline; that placement decisions were subject to periodic judicial review, including at the request of children themselves; and that all institutions maintained detailed "Maximum Standards of Care" that were set out in binding rules and regulations.
On the issue of sensitization, non-governmental, UN human rights mechanisms and other bodies should give priority to the problem of violence against children. The launching of public information campaigns to raise awareness about the severity of human rights violations in that domain was urged to address cultural acceptance of violence against children; and sensitization efforts should include a focus on the need to fully integrate all children into society to the greatest extent possible.
States parties should develop the use of alterative measures to avoid caring for children in large and impersonal institutions, and should carefully review allocation of resources so as to ensure that available resources were used in the most effective manner to improve the protection and care of children. Families should be supported in their efforts to care for their own children. In particular, special education and rehabilitative treatment for children with disabilities and support services for their families could and should be provided, on an out-patient or community basis.
States should ensure that when a child was abandoned by or deprived of his or her parents, that efforts were made to locate and support other relatives that might be willing and able to care for the child. Vulnerable children should receive frequent home visits by care workers with small case loads. This could be effective in reducing the rate of institutionalization. In addition, States should support 24-hour "hotlines" to provide advice, counselling and support for children who were victims of violence.
On the issue of training, States parties, in partnership with relevant NGOs and experts, should ensure training in child rights for all professional groups. Such training should include relevant human rights standards, non-violent methods of discipline, and alternatives to institutionalization.
Recommendations of Working Group on Violence Against Children in the Context of Law and Order Concerns
The working group on violence against children in the context of law and order concerns recommended that States parties be urged to review all relevant domestic legislation to ensure the urgent repeal of any legislation that allowed the imposition of unacceptable sentences for offences committed before the age of 18, contrary to the provisions of the Convention; to introduce laws banning cruel, inhuman or degrading treatment use for disciplining or punishment within the child justice system; and to review legislation in order to ensure that children up to the age of 18 were not subjected to their provisions and inappropriately brought into contact with the criminal justice system.
In addition, urgent consideration should be given, among other things, to safeguards provided to children in custody including compulsory representation of children by lawyers; strict time limits set on pre-trial detention with charge, and before being brought to court for the trial itself; and the use of strict evidential guidelines on the admissibility of confessions obtained through torture or ill-treatment. Human rights commissions and other national human rights institutions should be given the power to investigate abuses and seek redress.
On the international level, it was recommended that consideration be given to definition of the fundamental core standards to be met in child justice systems and rigorous enforcement of them; and incorporation of the Convention into the guiding principles of regional human rights bodies and domestic legislation. States parties should adopt legislation, and the application of the definition of torture to children should to be examined to recognize the lower threshold of pain and suffering experienced by them.
There should also be independent inspection of conditions in police and penal institutions to ensure that they were in line with international human rights standards.
* *** *