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22 September 2000

CRC
25th session
22 September 2000
Morning




State Violence Against Children Is A Concern, Mary Robinson Says


The Committee on the Rights of the Child opened this morning its day-long general discussion on State violence against children by hearing a statement from Mary Robinson, the United Nations High Commissioner for Human Rights.

In her address, Mrs. Robinson stated that the problem of State violence against children was a concern for her. She said she was worried about such abuses during her own visits, including those she had made recently to countries like Russia and Brazil. She had seen the urgent efforts that were needed to protect children from violent and abusive treatment, whether in care institutions, on the streets or in detention.

Mrs. Robinson underlined that available resources had never been accepted as a reason to delay full implementation of civil and political rights, and the right to be free from torture or abuse was certainly a fundamental one. When the violations affected children, the most vulnerable group in society, then effective remedies and prevention became a matter of the utmost urgency.

She said nothing could be more harmful to the full development of a child than violent victimization by those that a child had a right to trust; No State should hesitate to take any action needed to ensure that such victimization did not take place at its own hands.

In her welcoming statement, Awa N'Deye Ouedraogo, Chairperson of the Committee on the Rights of the Child, hoped that the outcome of the discussion would contribute to the efforts to break the cycle of violence against children.

One of the Committee experts, Jacob Egbert Doek, said that efforts to prevent and combat State violence against children could meet a lot of resistance, and today, too many children were tortured, abused and exploited while in the care of others.

Silva Henriques Gaspar, expert of the Committee against Torture, said the conditions in which children were placed in State institutions by order of the authorities, the conditions in which children were forced into institutional treatment away from their family environment, and the methods, forms, rules and practices pertaining to juvenile justice process could be assessed and considered during the discussion.

Nigel Rodley, Special Rapporteur on Torture and member of the Human Rights Committee, said children were necessarily more vulnerable to the effects of torture and, because they were in the critical stages of physical and psychological development, might suffer graver consequences than similarly ill-treated adults. He said children were even subjected to "social cleansing" operations by law enforcement officials.

Smaranda Popa of UNICEF Romania, with the help of a slide show, demonstrated how children in State institutions were subjected to every day violence and neglect.

Following its plenary discussion, the members of the Committee and other participants formed two working groups to separately discuss the themes of "mistreatment, abuse and neglect of children in the care of the State" and "violence against children in the context of law and public order concerns".

The Committee's discussion will resume in plenary at 4.45 p.m. to hear the presentation of the working groups' recommendations on their respective themes.

Representatives of non-governmental organizations concerned with the issue of child rights took part in the discussion.

Chairperson's Statement

AWA N'DEYE OUEDRAOGO, Chairperson of the Committee on the Rights of the Child, said that ten years after the ratification of the Convention on the Rights of the Child, the Committee was still observing State violence against children. Policies and programmes designed to protect children were inadequate vis-a-vis the persistence of violence against them. The first part of the one-day discussion was scheduled to take place today, while the second part would be held in 2001. Such discussion in which suggestions would be made to States would help in breaking the cycle of violence against children. She said any form of violence against children should be stopped.

Statement by High Commissioner for Human Rights

MARY ROBINSON, United Nations High Commissioner for Human Rights, stated that the problem of State violence against children was a concern for her. She said she was worried about such abuses during her own visits, including those she had made recently to countries like Russia and Brazil. She had seen the urgent efforts that were needed to protect children from violent and abusive treatment, whether in care institutions, on the streets or in detention.

Mrs. Robinson stressed that available resources had never been accepted as a reason to delay full implementation of civil and political rights, and the right to be free from torture or abuse was certainly a fundamental one. When the violations affected children, the most vulnerable group in societies, then effective remedies and prevention became a matter of the utmost urgency. At the same time, one could not ignore the fact that many States had been strongly supportive of setting high standards for the respect of the human rights of children and yet found themselves unable to fulfil all their obligations.

The Committee on the Rights of the Child had a strong and proud tradition of constructive engagement and dialogue with States parties to the Convention on the Rights of the Child, Mrs. Robinson went on to state. Denouncing violations of the human rights of children was essential. At the same time, she welcomed the decision adopted by the Committee that the efforts today should focus on identifying and highlighting examples of best practices that could produce improvements. Whatever efforts were made in the Committee, it was back home in the national capitals, and at the regional and local levels that real efforts should be made to bring about improvements.

In conclusion, Mrs. Robinson said nothing could be more harmful to the full development of a child than violent victimization by those that a child had a right to trust. No State should hesitate to take any action needed to ensure that such victimization did not take place at its own hands.

Statements

JACOB EGBERT DOEK, Committee expert, underlined that efforts to prevent and combat State violence against children could meet a lot of resistance. Too many children were tortured, abused and exploited while in the care of others. Violence against children took many forms. Today's discussion would focus on violence against children under the care of the State, focusing mainly on children in institutions; and violence against children in the context of law and order, focusing on juvenile justice and street children.

Mr. Doek said that the objective of the day was to present, analyse and discuss the nature and the extent cause and consequences of those two forms of violence. In addition it was aimed at presenting policies and programmes at the national level to prevent and reduce those forms of violence. Recommendations would also be made on concrete measures which should and could be taken by the States parties to address in the most effective way violence against children.

SILVA HENRIQUES GASPAR, Expert of the Committee against Torture, said that the Convention on the Rights of the Child had set high standards for the protection of children, who, often and in the most vulnerable circumstances, were victims of violence at the hands of the State officials. Such protection, and some of the protective standards might, however, be enforced in a more directly and binding manner by other international instruments relating to the protection of human rights.

The conditions in which children were placed in State institutions by order of the authorities, the conditions in which children were forced into institutional treatment away from their family environment, the methods, forms, rules and practices pertaining to juvenile justice process could be assessed and considered, Mr. Gaspar said.

SMARANDA POPA, Children Protection Officer, United Nations Children's Fund (UNICEF)-Romania, with the help of a slide show, stressed that States had a responsibility for the care and protection of children denied or separated from their families. Institutionalization of children should be a measure of last resort, and when necessary, perceived as a short-term solution. Critical questioning of the best interests of the child in institutions was prevalent today as never before and yet the establishment of new institutions continued to rise in many countries.

Ms. Popa said the nature of violence, abuse and neglect in State institutions included severe physical, sexual or emotional abuse or deprivation of basic needs resulting in death or serious injury to the child, which required urgent attention.

SIR NIGEL RODLEY, Special Rapporteur on Torture and member of the Human Rights Committee, said that children were necessarily more vulnerable to the effects of torture and, and because they were in the critical stages of physical and psychological development, might suffer graver consequences than similarly ill-treated adults. Street children had reportedly been the victims of violent attacks from law enforcement officials. They were even subjected to "social cleansing" operations by law enforcement officials.

Mr. Rodley said torture and other forms of ill-treatment of juvenile offenders during interrogation, pre-trial detention periods, and in detention facilities for convicted offenders should be focused on in the discussion. The issue of corporal punishment that might be administered to children convicted of certain offences should also be addressed.




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