Human Rights Council holds annual meeting on rights of child with discussion on protecting boys and girls from sexual violence

AFTERNOON

10 March 2010

The Human Rights Council this afternoon concluded its annual full-day meeting on the rights of the child on the theme of the fight against sexual violence against children by holding a panel discussion called “Protecting boys and girls from sexual violence: prevention and response”.

Ibrahim Salama, Director of the Human Rights Treaties Division of the Office of the High Commissioner for Human Rights, introducing the discussion said that, as had been emphasized in the United Nations Study on Violence against Children, all violence against children was preventable. Investing efforts and resources in prevention was the most effective way to reduce violence against children. It was also important that cases of sexual violence against children were investigated using child-sensitive procedures, and that court proceedings were child friendly, in order to avoid re-victimization of the children.

The panellists were Susana Villaran De La Puente, Member of the Committee on the Rights of the Child; Victor Karunan, Chief of Adolescent Development and Participation at the United Nations Children's Fund; Najat M’Jid Maalla, Special Rapporteur on the Sale of Children. Child Prostitution and Child Pornography; Maud De Boer-Buquicchio, Deputy Secretary General of the Council of Europe and Eliana Restrepo, Deputy Director of PLAN Colombia.

Susana Villaran De La Puente, Member of the Committee on the Rights of the Child, said that when speaking about effective remedies, the important question was how to protect and prevent boys and girls from being victims of all forms of sexual violence. Measures had to address the gap between existing policies and current practices. Looking at the domestic laws of States, the Committee had noted that most of its States parties did not have a single definition of sexual violence against children. The Committee had also identified a number of areas that needed legal reforms with regard to protecting children from sexual violence. For example, in civil legislation, the legal minimum age for marriage varied very much between boys and girls and from one country to the other. In certain countries, criminal responsibility was linked to puberty.

Victor Karunan, Chief of Adolescent Development and Participation at the United Nations Children's Fund (UNICEF), said one of the worst and most degraded forms of exploitation and abuse that children could experience was that of sexual violence. It was a scar on humanity that children were sexually abused at home, in the workplace, on the street and in brothels. Sexual violence against children remained a neglected and hidden issue and only recently had the magnitude of the problem begun to garner the attention of policymakers and the public. Children themselves were the best advocates against sexual violence, and child-led initiatives should become an integral part of policies and protection mechanisms to combat sexual violence against children.

Najat M’Jid Maalla, Special Rapporteur on the Sale of Children. Child Prostitution and Child Pornography, said the Third World Congress on Sexual Exploitation against Children and Adolescents held in Rio de Janeiro in 2008 had highlighted that, despite considerable progress made, sexual exploitation of children and adolescents through the Internet and new technologies, via child trafficking and sexual tourism was still growing. At the end of the Rio Congress participants had adopted a declaration calling for action to prevent and to eliminate the sexual exploitation of children and adolescents. States had still not universally ratified a number of pertinent international and regional instruments and some bodies of national law had not defined clearly nor had they criminalized all forms of sexual exploitation of children. Many countries did not have mechanisms that children could access to report cases of sexual exploitation. Cooperation efforts had to be intensified urgently to put in place all the recommendations from the Rio Plan of Action.

Maud De Boer-Buquicchio, Deputy Secretary General of the Council of Europe, said that children were the most vulnerable and the least protected. Many of the victims remained in the dark for several years, as they were keeping their secret and carried the burden of pain, fear, guilt and shame on their own. Everyone had the obligation to ensure that children had access to adequate child-sensitive services and mechanisms guaranteeing their protection, effective preventive measures and adequate responses to sexual violence. The elimination of sexual violence against children was part of the Council of Europe’s “Building a Europe for and with Children” Programme. They had elaborated a convention covering all forms of sexual violence, called the Lanzarote Convention, and were providing guidance to countries to set their own national integrated strategies for the protection of children from violence.

Eliana Restrepo, Deputy Director of PLAN Colombia, said that to tackle sexual violence it was important to build a culture where values, cultural patterns and variables were taken into account. It was urgent to consider a cultural crossover where the State, civil society, communities, families and children all took part in the design of initiatives and intervened in a holistic and interdependent way. Awareness-raising actions were also indispensable; the silence had to be broken and denunciations increased to make States fulfil their obligations. There was also a need to convert mass media into allies in educating the population and changing cultures. Children could also become active regarding their own protection if they had access to training programmes that allowed them to identify and tackle risks relating to sexual violence.

In the interactive dialogue following the presentations, speakers agreed that violence against children was never justifiable. Engaging children in prevention and response was essential. It was also important to touch upon the issue of the obligation to report sexual violence against children. The impact of awareness-raising campaigns and information campaigns was also touched upon; they played a major part in eradicating the scourge of sexual violence. Speaking about sexual violence against children was one of the tools to counter social myths. It was crucial to create an environment in which children were self-confident, self-assured and resistant. It was the primary responsibility of States to protect children from all forms of physical or mental violence, including sexual and other forms of exploitation. The use of new technologies, such as the Internet, and greater mobility in travel and tourism also required a more concerted effort worldwide to eliminate violence against children. Children should also be able to press for reparation and should be able to directly address State authorities.

Speaking this morning were the representatives of Spain on behalf of the European Union, Paraguay, Senegal, Slovakia, Israel, South Africa, Belgium, Peru, the Netherlands, Lithuania, Morocco, the Maldives speaking also on behalf Mauritius, Colombia, Qatar, the Republic of Korea, Norway, Pakistan, Brazil, Algeria, Indonesia, Poland, Portugal, the United Arab Emirates, India, Argentina speaking on behalf of the Common Market of the South (MERCOSUR), Bangladesh, Costa Rica, Japan, Finland, Thailand, the Holy See, Panama, Slovenia, Iran, Lichtenstein and Egypt.

Also speaking was End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT) International.

The next meeting of the Human Rights Council will be tomorrow at 10 a.m., when the President of East Timor, Manuel Ramos-Horta is scheduled to address the Council, after which it would start the interactive dialogues with the Special Rapporteur on human rights defenders and the Special Rapporteur on freedom of religion and belief.

Opening Statement

IBRAHIM SALAMA, Director of the Human Rights Treaties Division of the Office of the High Commissioner for Human Rights, introducing the discussion on behalf of the High Commissioner, said that this afternoon’s panel would focus on what could be done to prevent and fight sexual violence against all children. As had been emphasized in the United Nations Study on Violence against Children, all violence against children was preventable. Investing efforts and resources in prevention was the most effective way to reduce violence against children. Preventing violations from occurring was one of the most efficient means of safeguarding the rights of the child and combating all forms of violence and exploitation. However, the Committee on the Rights of the Child had frequently noted in its concluding observations that most steps taken by States to date had been reactive, and that few preventive initiatives, where they existed, had been implemented.

To prevent and address violence against children, including sexual violence, it was crucial to adopt a holistic approach, which should include multifaceted measures such as targeted legislation, multisectoral policies and programmes, as well as plans of action, Mr. Salama said. That should be coupled with the collection of reliable, disaggregated data, to help raise awareness of the problem. It was also important that cases of sexual violence against children were investigated using child-sensitive procedures, and that court proceedings were child friendly, in order to avoid re-victimization of the children. Child victims needed to have easy access to child-sensitive counselling, complaint and reporting mechanisms. This afternoon’s panel would also focus on what had been done with regard to implementation for the goals and targets of the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents, adopted in Rio de Janeiro in November 2008.

Statements by Panellists

SUSANA VILLARAN DE LA PUENTE, Member of the Committee on the Rights of the Child, said that when speaking about effective remedies, the important question was how to protect and prevent boys and girls from being victims of all forms of sexual violence. That question had no single answer. Measures had to address the gap between existing policies and current practices. Looking at the domestic laws of States, the Committee had noted that most of its States parties did not have a single definition of sexual violence against children. Further, at the international level, there were also differences. The European Court had defined it as torture and international penal law described it as a crime against humanity. With regard to the creation of legal instrument effective for the prevention of violence against children, therefore, one needed to look at all existing international legal frameworks. No spaces should be left for impunity.

Ms. Villaran de la Puente said that the Committee had identified a number of areas that needed legal reforms with regard to protecting children from sexual violence. For example, in civil legislation, the legal minimum age for marriage varied very much between boys and girls and from one country to the other. In certain countries, criminal responsibility was linked to puberty. The legislation on reproductive health also did not take into account clearly enough the rights of adolescents, such as the right to health care without parental consent. Effective remedies needed to be linked with national plans, which had to set clear goals. There was also the need to adopt measures linked to cultural issues, and the right of boys and girls to be listened to had to be guaranteed. To act without a vision was a nightmare and one had to synchronize acts and visions, she concluded.

VICTOR KARUNAN, Chief of Adolescent Development and Participation at the United Nations Children's Fund (UNICEF), said one of the worst and most degraded forms of exploitation and abuse that children could experience was that of sexual violence. It was a scar on humanity that children were sexually abused at home, in the workplace, on the street and in brothels. The scars of that violence and abuse were forever embedded in the child’s life, his or her identity, behaviour and relationship with others. And yet, sexual violence against children remained a neglected and hidden issue. In fact, only recently had the magnitude of the problem begun to garner the attention of policymakers and the public through the United Nations Study on Violence and the World Congresses on Sexual Exploitation against Children. But, more importantly, international attention had also begun to focus on that issue because children themselves and youth organizations and networks had become more organized. The participation of children and young people was indeed a fundamental right, as highlighted by article 12 of the Convention on the Rights of the Child, which set out the principle that children should be listened to on any matter concerning them. Consulting with children and taking their views into account was important to ensure that relevant policies and other measures were child-friendly, adequate and appropriate for children.

Mr. Karunan underscored that it was important that they were guided by the practice standards on child participation to combat sexual violence against children, which included ensuring an ethical approach to participation; providing a child-friendly, enabling environment to promote participation; providing equal opportunities; promoting the safety and protection of children; and ensuring an effective follow-up and evaluation system to monitor progress and assess outcomes of participation. In the regional consultations for the United Nations Study on Violence, boys and girls had further presented 10 key messages which were sharp, simple and to the point. Those messages included that sexual abuse was bad and should not happen; that it was difficult to get out of sexual exploitation and exit the sex trade; and that children victims should not be labelled, and should be allowed to go on with their lives. Children themselves were the best advocates against sexual violence, and child-led initiatives should become an integral part of policies and protection mechanisms to combat sexual violence against children. Furthermore, all efforts to curb and eradicate sexual violence against children had to have the children’s best interests at the centre, as well as children’s agency and empowerment as central guiding principles.

NAJAT M'JID MAALLA, Special Rapporteur on the sale of children, child prostitution and child pornography, said her intervention would focus on the follow up to the Third World Congress on Sexual Exploitation against Children and Adolescents held in Rio de Janeiro in 2008. That Congress had highlighted that, despite considerable progress made, sexual exploitation of children and adolescents through the Internet and new technologies, via child trafficking and sexual tourism was still growing. It had also highlighted that children became more vulnerable to sexual exploitation due to increasing poverty, social and gender inequalities, discrimination, drug and alcohol abuse, HIV/AIDS, environmental degradation, armed conflict and other situations that had been made possible by an atmosphere of tolerance and impunity. At the end of the Rio Congress participants had adopted a declaration calling for action to prevent and to eliminate the sexual exploitation of children and adolescents, underscoring the need for a global strategy that would put in place protection systems that could be accessed by children. That plan of action called on States, with the support of international organizations and civil society, to implement a set of recommendations.

Enumerating the areas of action, Ms. M’Jid Maalla said, firstly, States had still not universally ratified a number of pertinent international and regional instruments. Secondly, some bodies of national law had not defined clearly nor had they criminalized all forms of sexual exploitation of children. Thirdly, many countries did not have mechanisms that children could access to report cases of sexual exploitation. Fourthly, work remained to be done with regard to putting in place intrasectoral strategies to reinforce national protection services or to create new ones to provide all victims of sexual violence and their families with economic and psychological support and the means for social reintegration. Fifthly, participation of children in awareness-raising programmes had to be systematized. Children were not just victims of sexual exploitation, but also part of the solution. Sixthly, on mechanisms to facilitate coordination at national, regional and international levels, there was scope for information exchange and technical assistance. Seventhly, some businesses had adopted programmes in this area, and such initiatives should be extended to businesses involved in tourism, the Internet, media and entertainment. Eighthly, in terms of implementing mechanisms for the promotion and protection of the rights of the child by 2013, if those existed they either had to be bolstered or otherwise they had to be put in place. Their role would be to ensure independent follow-up on actions to prevent the sexual exploitation of children and adolescents. Despite actions in many countries to combat sexual exploitation against children, much remained to be done before 2013. Cooperation efforts had to be intensified urgently to put in place all the recommendations from the Rio Plan of Action to ensure the protection of all children, one that was holistic, durable and bore in mind the best interests of children.

MAUD DE BOER-BUQUICCHIO, Deputy Secretary General of the Council of Europe, said that children were the most vulnerable and the least protected. Headlines regularly included stories of atrocious scandals of sexual abuse allegations. Many of the victims remained in the dark for several years, as they were keeping their secret and carried the burden of pain, fear, guilt and shame on their own. Everyone had the obligation to ensure that children had access to adequate child-sensitive services and mechanisms guaranteeing their protection, effective preventive measures and adequate responses to sexual violence. The elimination of sexual violence against children was part of the Council of Europe’s “Building a Europe for and with Children” Programme. They had approached the issue from several angles. They had elaborated a convention covering all forms of sexual violence, the Lanzarote Convention, and were providing guidance to countries to set their own national integrated strategies for the protection of children from violence. They were also mainstreaming children’s rights in a series of areas and were preparing to launch a pan-European campaign to combat sexual violence against children.

Ms. De Boer-Buquicchio noted that the Lanzarote Convention was also open to non-European States. It was a legally binding instrument covering all forms of sexual violence, based on four pillars: prevention, protection, prosecution and participation.

ELIANA RESTREPO, Deputy Director of PLAN Colombia, said that to tackle sexual violence it was important to build a culture where values, cultural patterns and variables were taken into account. It was urgent to consider a cultural crossover where the State, civil society, communities, families and children all took part in the design of initiatives and intervened in a holistic and interdependent way. Awareness-raising actions were also indispensable; the silence had to be broken and denunciations increased to make States fulfil their obligations. Those obligations included the Government’s protection role, as well as its obligation to develop capacities and tackle the implicit acceptance of sexual violence. There was also a need to convert mass media into allies in educating the population and changing cultures. For example, media monitoring reports of Colombia’s 12 main newspapers had highlighted that only 3.5 per cent of all news items during the observation period had covered the problem of sexual abuse against children. By working with media, which were very influential, PLAN Colombia had trained 1,000 media professionals in recent years, helping them to acknowledge children’s rights and contributing to a more sensitive journalism on sexual violence.

Ms. Restrepo underscored that they could all be part of a protective framework. It was important to look for new allies for that network, including private sector actors. One example in that regard was the alliance between PLAN Colombia and Banco Agrario, turning that major Colombian bank into a child-protecting bank. That alliance would reach 88 per cent of Colombia’s municipalities through its 900 branches, and the bank would offer training to its microcredit customers. That alliance between a human rights organization and a major bank clearly highlighted that actors with two different missions could get together for the good of children. Children could also become active regarding their own protection if they had access to training programmes that allowed them to identify and tackle risks relating to sexual violence, starting from childhood and continuing throughout their whole life. Plan Colombia had in fact been able to demonstrate that such programmes were able to reduce the gap generated by conditions such as environment, family and poverty.

Discussion

JAVIER GARRIGUES (Spain), speaking on behalf of the European Union, welcomed the fact that States were focusing on the effective prevention of sexual violence against children, and thanked national and United Nations experts for their input. The European Union agreed that violence against children was never justifiable. In Europe, there had been major developments in policy, for instance, within the Council of Europe and the Union. Engaging children in prevention and response was essential. The European Union asked to what extent the psychological effects of sexual violence had been dealt with in national policies? It also asked for examples of child participation in fighting against sexual violence, and what priorities should be set for the coming years.

FEDERICO A. GONZALEZ (Paraguay) said it was also important to touch upon the issue of the obligation to report sexual violence against children. In Paraguayan law, everyone with information about such an event had the obligation to report it to the competent authorities. In 2009, Paraguay has set up a special police division to deal with those issues. They had also adopted an Action Plan on the Prevention and Eradication of Sexual Abuse against Children and Adolescents in 2008.

ABDUL WAHAB HAIDARA (Senegal) said that in Senegal the carrying out of awareness-raising campaigns and information campaigns had played a major part in eradicating the scourge of sexual violence, but repressive measures were also a useful tool, as it protected all victims, including those of trafficking. Senegal had also created specific structures in charge of issues linked to violence, trafficking, and exploitation of children. Working with the heads of religious communities much had been done, especially with regard to the elimination of female genital mutilation. In collaboration with civil society partners, the Government would continue to work tirelessly to strengthen advocacy actions and promotion strategies in this area, taking into account the economic and social situation of the perpetrators.

JANKA DIVINCOVA (Slovakia) said speaking about sexual violence against children was one of the tools to counter social myths. Sexual violence against children remained a widespread phenomenon. If protecting children against victimization was the ultimate goal, no efforts should be spared in condemning sexual violence, regardless of cultural and religious stereotypes. In that regard, Slovakia wanted to hear if there existed a single definition of sexual violence against children that would be generally applicable. It was crucial to create an environment in which children were self-confident, self-assured and resistant.

WALID ABU-HAYA (Israel) said that Israel was committed to advance the protection of children’s rights in every sphere. With the involvement of non-governmental organizations, several developments had taken place in Israel to raise public awareness. The protection of children and responding to sexual offences against children was high among Israel’s priorities. Israeli legislation also ensured the rights and the protection of children. For example, child victims were protected from an accused child offender, even if he or she was part of the child’s family.

BEULAH NAIDOO (South Africa) said the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child clearly stated that it was the primary responsibility of States to protect children from all forms of physical or mental violence, including sexual and other forms of exploitation. South Africa had established a dedicated Ministry for Women, Children and Persons with Disabilities, which provided a focal point for the human rights of children. International partnerships with United Nations structures were crucial to deal with the challenges of development, and South Africa had established such partnerships. South Africa wished the Panel to give examples of best practices regarding the prevention and protection of children from sexual violence in the community. Sexual violence against children continued, in particular, in situations of armed conflict. In that regard, to what extent did the United Nations reintegration and rehabilitation programmes include an emphasis on the special needs of girls and boys?

XAVIER BAERT (Belgium) noted that Belgium would present its third and fourth reports to the Committee on the Rights of the Child next June, as well as its first report under the Optional Protocol to the on the sale of children, child prostitution and child pornography. Those reports included measures that were taken by Belgium with regard to sexual violence against children, such as the training of people working with minors. Prevention was an important element in the struggle against sexual violence against children. During Belgium’s Presidency of the European Union, Queen Paola would be the host of a conference, called Child Focus and Missing Children Europe.

CARLOS SIBILLE RIVERA (Peru) said sexual violence against children was one of the most serious and disgusting forms of violence. In Peru, 2009 had witnessed thousands of such cases. Peru had various legal measures against that. It had a programme called helpline No. 100, for victims of sexual abuse. The call was recorded and the information was compiled for follow up. It was also free and operated throughout the country. Another programme, “Chat Safely, Chat While Thinking”, sought to educate children on the risks of going on the Internet, giving them advice on avoiding contact with unknown people and becoming victims of sexual exploitation. In that connection, panellists were asked about the role of information and communication technologies in protecting children and adolescents against sexual violence and preventing it.

NYNKE B. WIJMENGA (Netherlands) said the Netherlands was deeply concerned at the high incidence of sexual abuse and exploitation of children all over the world. The use of new technologies, such as the Internet, and greater mobility in travel and tourism also required a more concerted effort worldwide to eliminate violence against children. The increase of new technologies too often created new opportunities for predators to stalk, recruit, and exploit children globally. Further international cooperation was needed to prevent, prohibit and stop sexual exploitation of children and provide the necessary support to the victims. Young women and girls were the most vulnerable to gender-based violence. There were many good ideas and good initiatives, but it was not good enough to eradicate sexual violence against children – strengthened common action was needed to finally combat sexual exploitation of children internationally.

JONAS RUDALEVICIUS (Lithuania) said that close and continuing cooperation of relevant State and municipal authorities and non-governmental organizations, as well as the training of specialists and informing the general public, were of crucial importance in fighting against all forms of sexual violence against children. The Lithuanian Ombudsman had conducted a study on sexual violence against children in care and special education institutions in the country. The Ministry of the Social Security and Labour had also organized training for childcare workers about sexual violence against children in care institutions. In addition, two non-governmental organizations in Lithuania were engaged in projects aimed at improving knowledge on protection of the rights of the child.

OMAR HILALE (Morocco) affirmed that sexual abuse against children was one of the worst forms of human rights violations against the most vulnerable group in society. Morocco attached great importance to the protection of the rights of children. Morocco had a national plan to combat sexual violence against children. That included creating child protection units to meet their most urgent needs, national campaigns to fight violence against children, a study with the United Nations Children’s Fund to fill a lack of information and to define a more appropriate strategy to combat all forms of violence against children, and a national strategy for the promotion and protection of unaccompanied migrant minors.

IRUTHISHAM ADAM (Maldives), speaking also on behalf Mauritius, said the two countries attached the highest importance to the protection and promotion of human rights, and welcomed this annual full day meeting on the rights of the child as an important opportunity to discuss combating sexual violence against children. Concerning the importance of effective secondary legislative frameworks as mentioned, the two countries wished to ask panellists the following questions: what were the principal elements that should be included in core national legislation on children's rights and child protection, including protection from sexual violence, in order to actually and meaningfully improve the lives of children on the ground? Panellists were also asked to provide examples of best practice in that regard.

BEATRIZ LINARES CANTILLO (Colombia) said that in Colombia 86 per cent of the victims of sexual violence were under the age of 18, and 82 per cent of those were girls. That clearly showed that girls were still seen as sexual objects and not subjects of rights, a concept Colombia had been promoting for 20 years. However, while in Colombia and in the region, strides had been made in increasing reporting of cases of sexual violence against children, they still faced challenges to ensuring to victims their right to the truth, justice and reparation. Colombia simply did not have the technical capacity to document cases in which there was no physical evidence of a crime – as in cases of “parental alienation” in which parents used their children as pawns in divorce cases and pressured them to make allegations of abuse against the other parent. Children should be able to press for reparation and should be able to directly address State authorities. In Colombia, a new law now permitted such direct access for children.

KHALED FAHAD AL-HAJRI (Qatar) said the rights of the child were at the heart of Qatar’s national policies. It had adopted the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography to the Convention on the Rights of the Child. Qatar also had national domestic laws to ensure the protection of children against any violations, be they physical or moral, as well as those related to sexual abuse.

DONG JO KIM (Republic of Korea) said, while prevention and elimination of all forms of violence against children was vital, the fight against sexual violence against children merited urgent attention. Although children in least developed countries and in times of emergencies might be more vulnerable to such violence, children in developed countries and in daily life were also exposed to serious and horrendous sexual crimes. The fight against sexual violence against children should ultimately focus on prevention rather than punishment. Once the violence occurred, no remedy could fully heal the physical and psychological wounds to the young victims. Post-violence remedies, through legislation, criminalization and other law enforcement measures, were not enough to effectively protect boys and girls form sexual violence unless the conditions and the environment that allowed such violence to occur in the first place were fundamentally rectified. The panel should express their opinions on best practices regarding prevention of sexual violence against children, in particular with regard to education, and should provide, if possible, specific examples of successful prevention of sexual violence through education that could serve as a benchmark for others to follow.

BAARD HJELDE (Norway) said that it was important to acknowledge the complexity of the problem. The development of adequate domestic legal frameworks and competences was a prerequisite in the fight against sexual violence. Partnership and cooperation between governmental bodies, private enterprises and non-governmental organizations were also important. Norway had recently implemented a plan of action against sexual and physical abuse against children and several child advocacy centres had been established in Norway. There had to be an end to impunity for those severe crimes. Norway also supported the United Nations Action against Sexual Violence in Conflict.

SAEED SARWAR (Pakistan) said sexual violence against children led to serious physical, psychological and emotional consequences for the rest of their lives. That made it necessary for the international community to act. A distinct part of Pakistan’s National Plan of Action dealt with the protection of children from sexual abuse and exploitation. Civil society, media and family bonds played a crucial role in safeguarding against abuse. Pakistan agreed that there was an urgent need for a collective response to face the great challenge with full zeal. It was prepared to undertake and to galvanize global efforts that ensured a better and safe future for children.

THEO NOTEN, of End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT) International, said children around the world continued to be the ones most affected by violence and injustice. Sexual violence against children was pervasive and widespread, but preventable when social and State norms were respected. Children were often the victims of unequal power relations. Sexual violence against children was increasing also due to the rapid development of information and communication technology, and a response to that was needed urgently. Coordination across United Nations mandates and between institutions would ensure that sexual violence against children in all its forms and settings was systematically addressed. Countries should define in national plans the actions and strategies they would take to prevent and combat sexual violence against children. The work that had to be done to prevent and end sexual violence against children would require concerted efforts, and civil society would contribute to that fight.

Response from Panellists

SUSANA VILLARAN DE LA PUENTE, Member of the Committee on the Rights of the Child, said that it was urgent to act, however vast the problem of sexual violence was. On prevention, it was important to act upstream rather than downstream. In terms of investment and costs, the burden was much more important for States when one acted afterwards. Most of the problems of sexual violence occurred in the family and in the schools, and those were thus two fundamental spaces for prevention. It was also important to focus on what happened at the local and community levels, where prevention and attention was most feasible and provided much more impact. A subject of concern was due diligence in the prosecution of perpetrators. Work on evidence needed to be taken with great care, so that children were not left out of the protection system.

VICTOR KARUNAN, Chief of Adolescent Development and Participation at the United Nations Children's Fund (UNICEF), said, in response to Spain’s comments, that he had given examples of child-led initiatives in Southeast Asia. Those were often effective and relevant at the community level. However, few such initiatives were reaching the national level. In terms of how those could be scaled up to the national level, it was noted that cross-border initiatives had proven successful. It was crucial to look at how UNICEF and others had facilitated direct contact across borders. Secondly, reinforcing Norway’s comment on the importance of child participation, he noted that the worst-exploited child was the one that was least aware and often came from the most remote and vulnerable communities. Finally, in response to Peru’s comments on using information and communication technologies to protect children, there was a flip side. Those could promote pornography and abuse. Yet they had also been able to connect young people online. They were exploring SMS technology, which could be used for hotlines. Many adolescents had access to that. That was something they had to look at.

NAJAT M'JID MAALLA, Special Rapporteur on the sale of children, child prostitution and child pornography, said in country visits and reporting there were good practices everywhere, but a truly holistic and cross-cutting policy was difficult to find. That was due primarily to a lack of a clear concept of the phenomenon, as it changed constantly. There was greater mobility and greater organization of the trafficking networks, and thus it was difficult to grasp the changing nature of the problem. If policies were not holistic, cross-cutting and in line with international norms and standards, then they did not work. Juridical procedures needed to be accessible.

When speaking of protection, a challenge was to identify children who were victims or at risk of being victims. Children needed to be monitored in the long term, as the impact and after-effects of abuse could turn up only in middle age. There was a need to examine the capacities and structures of communities and strengthen them, but there was also a need to change mindsets, create a child-rights society, and reinforce those rights. Many countries had developed many tools, and there should be a real mapping of what was being done to ensure that there could be exchanges of best practices, in particular with regard to child pornography on the Internet. Monitoring should not be seen as an oversight mechanism, but as a real tool for follow-up of policies, Ms. M’jid Maalla said.

MAUD DE BOER-BUQUICCHIO, Deputy Secretary General of the Council of Europe, said that they had used an all-inclusive approach when drafting their integrated strategies against sexual violence against children at the Council of Europe. Portugal, Italy and Romania had participated in the drafting process. The Council of Europe was now looking for country volunteers to promote similar processes in other regions of the world.

Turning to the comment that there were several different definitions of sexual violence against children around the world, Ms. De Boer-Buquicchio said that as the Lanzarote Convention could well serve as a comprehensive definition, as it was the only instrument which contained all forms of sexual violence against children. The Convention could be applied as a definition everywhere. In terms of using information and communication technologies in this area, she noted that the Council of Europe had produced an online game for children on the issue of sexual violence. They were also working with online service providers to look at ways to reduce risks.

ELIANE RESTREPO, Deputy Director of PLAN Colombia, responding with regard to best practices in prevention, underscored the importance of protection and self-protection programmes with regard to sexual violence against children. Of course children were not responsible themselves for their protection, but they were an important element in controlling risks. PLAN Colombia had implemented interesting programmes in that regard, and it had successes in that work where artists had put on community plays with children, thereby using children’s own language. PLAN Colombia had undertaken much work to increase the response of children victims in terms of reporting and to deal with more victims of sexual violence. Children often felt guilty and therefore spent one to two years under psychological treatment following abuse and ill-treatment. Education was also highly important, but there needed for a more people-focused approach in that regard. The private sector was also highly important and should be involved in activities in this field. Even taxi drivers and hotels had participated in the activities of PLAN; everybody had to contribute to changing culture and attitudes.

Discussion

MARCIA USTRA SOARES (Brazil) said that in recent years the Government had consistently invested in national policies on children and adolescents, including a national policy on sexual violence, with strategies to deal with sexual violence against children. In 2007, a commitment to reduce violence against children and adolescents had been adopted, with a priority of dealing with sexual exploitation of children, a major challenge for the Government. It was necessary to change the culture and clarify the population's role in making that phenomenon more visible. A direct hotline had been set up to report incidents of violence against children. There was still much to be done to ensure full realization of the rights of children and adolescents, and it was thus essential for Governments to work together to ensure that future generations were really protected.

SIM MELLOUH (Algeria) said that the protection of children against sexual violence was a key element in the effective enjoyment of the rights of children. The Secretary-General’s comprehensive Study on Violence against Children provided States with guidelines to address violence against children. Algeria was deeply concerned at the increasing amount of cases of sexual violence against children all over the world. The protection of children from violence called for urgent action. Algeria had made huge efforts in terms of laying appropriate legal and policy foundations for the protection of children. Algeria’s legislation protected children from all forms of violence, physical or mental abuse, desertion, ill-treatment, sexual and economic exploitation, sale and trafficking. Corporal punishment was also prohibited in the school environment.

SRI PARDINA PUDIASTUTI (Indonesia) said Indonesia’s commitment to the promotion and protection of the rights of every Indonesian child was beyond question. The Constitution guaranteed that “every child shall have the right to live, grow and develop, and shall have the right to protection from violence and discrimination”. The Convention on the Rights of the Child, to which Indonesia had been a party since 1990, as well as other child-related international agreements, had also become the main references in the child-related policies that the Government had initiated. In spite of the Government’s efforts, considerable gaps remained between the policies on children’s rights and their implementation. Nevertheless, the Government was stepping up joint efforts to improve that situation, including supporting media campaigns and training police and security forces on the criminalization of sexual violence against children. Panellists were asked how countries could ensure that the best interests of the child were upheld when dealing with cases involving sexual violence against the child.

MALGORZATA SKORKA (Poland) said Poland strongly condemned all forms of sexual violence against children, and called on States which had not yet done so to ratify the Convention on the Rights of the Child and its two Optional Protocols. Effective implementation of the Convention was always dependent on adequate legislation and appropriate policy. The elimination of violence against children could be best achieved through sensitizing the public to the problem and the promotion of positive child-rearing methods. Only the concerted efforts of the public authorities, private sector and civil society actors could ensure efficient prevention and protection of children from any form of violence. Poland invited countries to share the results of their initiatives, as well as examples of best practice. To increase their effectiveness, at the preparation stage of diverse strategies, action plans or programmes on counteracting and combating sexual violence against children, countries should enhance their cooperation with children.

CARLA CASTELO (Portugal) said that Portugal was fully committed to combating all forms of violence against children, in all settings. In 2007, they had joined the group of countries that had criminalized all forms of violence against children. Portugal’s National Initiative for Childhood and Adolescence had set up an all-encompassing and ambitious strategy to ensure respect for the rights of the child and an enhanced articulation between public policies and civil society initiatives for the development of children. In addition to general measures, such as media campaigns and improving the skills of professionals in dealing with domestic violence, the Initiative included specific measures to combat sexual violence. The use of information technologies was also being promoted in order to increase prevention and awareness of sexual criminality.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates) said an increasing consciousness of sexual violence against children, particularly in poor and conflict areas, had been seen. The role played by the international community was in fact vitally important in ensuring safe environments for children. The United Arab Emirates, for its part, had taken important measures to ensure that the country’s children were protected from violations of their human rights. In 2009, the Special Rapporteur on this subject had been received by the United Arab Emirates, enabling that mandate holder to see closely for himself the situation in the country. The importance of regional and international cooperation in the sphere of child rights was also underscored, and particularly the need to protect children in armed conflicts and to provide them with all the assistance they required.

ACHAMKULANGARE GOPINATHAN (India) said the fight against sexual violence against children provided an opportunity to raise awareness about the issue, identify key challenges, highlight good practices and reaffirm existing commitments. As home to the largest number of children in the world, India attached considerable importance to the protection and promotion of the rights of the child, and its deep commitment to that objective was reflected in the fundamental rights enshrined in the Constitution of India, relevant domestic legislation, and the ratification of the Convention on the Rights of the Child and its two Optional Protocols. India looked forward to gaining from the discussions held at this meeting, in particular the sharing of good practices, with a view to further strengthening child rights protection in India.

ERNESTO S. MARTINEZ GONDRA (Argentina), speaking on behalf of the Common Market of the South (MERCOSUR), said that the countries of MERCOSUR saw the Convention on the Rights of the Child as a basic guide in their actions to protect the rights of boys and girls. They also sought to adopt public policies geared towards meeting the needs of children and adolescents. MERCOSUR countries, in the context of its Working Group for the Defence of the Rights of the Child, had carried out extensive exchanges on those issues. They had adopted a regional plan of action and had stepped up the fight against trafficking in persons, which had also led to the strengthening of provisions against trafficking of children. MERCOSUR had also placed the issue of the participation of children and young adolescents on their agenda.

NAHIDA SOBHAN (Bangladesh) said sexual violence against children was one of the most heinous crimes and a phenomenon that existed in all societies, be they poor, rich, developed or developing. In dealing with any situation of sexual violence against children they should not forget to look at root causes such as conflict, migration, displacement, and inadequate institutional capacity. Bangladesh, an early signatory to the Convention on the Rights of the Child, had made its commitment in May 2002 at the United Nations Special Session on Children. Its Government had also enacted several child-protection focused laws, including the Suppression of Violence against Women and Children (Amendment) Act of 2003. To achieve the broad goal of protecting children from abuse, the root causes that led to sexual abuse, violence and exploitation had to be identified; feasible preventive strategies devised and implemented; and existing policies and laws in relation to child protection had to be formulated, strengthened and enforced.

EUGENIA GUTIERREZ RUIZ (Costa Rica) said this was a timely discussion for the international community. Children and adolescents were constantly victims of violence, and were particularly subject to the terrible scourge of sexual violence. Costa Rica had made consistent efforts to combat that scourge, strengthening its law on the sexual exploitation of underage persons. Children in armed conflicts suffered from sexual violence, and Costa Rica was concerned with the lack of national institutions dealing with that. It was necessary to strengthen the fight against impunity, in particular when sexual violence against children was used as a weapon of war. What did the panellists think was the best way of dealing with sexual violence against children in societies where violence was still tolerated?

TAKASHI TAKASHIMA (Japan) said that Japan had been continuously making efforts for the protection of children from sexual violence. At the international level, Japan had been actively taking part in the Security Council Working Group on Children and Armed Conflict. Japan had also been providing financial assistance to projects aimed at protecting children. As host country of the Second World Congress against Sexual Exploitation of Children and Adolescents in 2001, Japan believed it was important to carry out a follow-up to the Third World Congress to better address the issue of sexual exploitation of children. Japan was also making efforts domestically to raise awareness of the Convention on the Rights of the Child.

PEKKA METSO (Finland) said promotion of the rights of the child, including all forms of violence against children, was one of the priorities of Finland’s human rights policy. Violence against children was a serious violation of the rights of the child but was still fairly common in all parts of the world, including in Finland. According to a survey carried out in 2008, two out of three child respondents had indicated having experienced different forms of violence. For that reason, among others, Finland had taken measures aimed at providing children with tools, as part of their basic education, to better prepare them to protect themselves against violence, sexual abuse and exploitation, particularly in the interactive electronic media. In that regard, could the panellists elaborate on possible good practices in terms of education aimed at those working with and for children in order to detect sexual abuse and exploitation early, inter alia, in the electronic media?

EKSIRI PINTARUCHI (Thailand) said it was clear that sexual violence against children was a serious problem faced by both boys and girls and still existed in various settings in all regions of the world. In many cases, it was transnational in character, which required close cooperation among States as well as other stakeholders in order to effectively address that problem. The protection and promotion of children's rights was an important priority for Thailand, which had particularly focused on promoting healthy lives, providing quality education, protecting children against abuses, exploitation and violence, and combating HIV/AIDS. Yet, despite the progress made so far, Thailand believed that efforts to eliminate sexual violence against children at all levels needed to be further strengthened, and those efforts should go beyond addressing the phenomenon once it occurred, but should also aim at preventing sexual violence in the first place. That was a complex task, which entailed addressing the root causes of the problem, such as poverty, discrimination, and lack of awareness and education.

SILVANO TOMASI (Holy See) said that the Holy Father Pope Benedict XVI had said that sexual abuse of minors was always a heinous crime. He had also pointed out that it was also a grave sin that offended God and human dignity. The child’s physical and psychological integrity was violated with destructive consequences. Catholic clergy, religious and lay workers in a number of countries had been accused and several had been convicted of child abuse. There was no excuse for that behaviour. Protection from sexual aggression remained high on the agenda of all church institutions, as they struggled to come to terms with that serious problem. Those who were found guilty were immediately suspended from exercising their office and were dealt with according to the norms of civil and canon laws. Prevention was the best medicine, and that began with education and promoting a culture of respect of the human rights and human dignity of every child.

ALBERTO NAVARRO BRIN (Panama) said Panama attached particular importance to the rights of boys, girls and adolescents, especially those who were particularly vulnerable and exposed to the violation of their human rights. In Panama, the sexual exploitation of children and adolescents was specifically categorized as a gross human rights violation by a law of 2004, and such crimes were punished with prison sentences of up to 15 years. Panama also had in place a fund to enable plans and programmes in terms of awareness-raising and providing assistance to victims of sexual violence, among other activities. To counter sexual violence, the Government of Panama relied on cooperation. It would like to treat acts of sexual violence with the same hardness as it treated arms trafficking and drug dealing. Panama was of the view that there was a need to involve the private sector, civil society and children themselves in the fight of tackling that issue. Panellists were asked about modalities to strengthen the complaint filing processes locally and internationally in order to prevent cases of sexual violence against children.

ANJA MARIJA CIRAJ (Slovenia) observed that violence against children existed in every country, culture, social class and ethnic community, and the common task was to create a society with non-violent social values, to raise public awareness and to create accessible and child-friendly systems. To combat sexual violence against children, it was important to develop and adopt integrated cross-sectoral policies and national action plans, as well as to establish regional and international cooperation. The Slovenian Government had adopted a number of programmes and action plans, and made a legislative provision concerning the protection of boys and girls from sexual violence. Slovenia also devoted particular attention to the protection of children from sexual violence in its activities at the regional and international levels. In combating sexual violence against children, it was important to develop efficient and child-sensitive complaint mechanisms. When the national complaint mechanism failed, it was important that girls and boys who were victims of sexual violence had the possibility of seeking remedy at the international level.

ASADOLLAH ESHRAGH JAHROMI (Iran) said that Iran attached great importance to the promotion and protection of the rights of the child and was fully committed to combat all forms and manifestations of sexual violence against children. Iran was deeply concern over the high number of acts of violence, including sexual violence, committed against children on a daily basis in certain parts of the world, particularly in European countries, where there was an increasing trend of sexual violence and abuse of children. Occupation, foreign military presence, war and armed conflict, as well as human trafficking, were among the causes of sexual violence against children. Addressing the root causes should constitute a top priority. Particular attention should also be paid to the role of media, as well as modern technologies such as the Internet, in this area.

GEORG SPARBER (Liechtenstein) said that, while Liechtenstein fully recognized the importance of child-sensitive victim protection and assistance measures, it was of the view that equal attention should be given to prevention and early warning systems. The strengthening of criminal law with respect to offences against sexual autonomy and other sexual offences provided the legal basis for such efforts. In Liechtenstein, that entailed an increase in the penalty for sexual abuse of minors, as well as starting the running of the statute of limitations on the eighteenth birthday of the victim. It also included the criminalization of child pornography and of sexual abuse of children abroad, irrespective of the law of the country in which the crime had taken place. In view of the growing misuse of the Internet to facilitate and promote sexual violence against minors, the Liechtenstein National Police had further put in place an information technology unit responsible for investigating Internet offences. Experience so far had shown that the activities of Liechtenstein in this field could qualify as good practice.

AHMED IHAB GAMALELDIN (Egypt) said the problem of sexual violence against boys and girls deserved to be given top priority at the national and international levels in view of the multiplicity of the forms of violence and their long-lasting impact on children and hence on the future of society. Egypt believed that the international community should address collectively the question of the availability of accurate information on the various manifestations of sexual violence in order to devise appropriate prevention and protection measures, in addition to providing children at risk and victims of such violence with the needed rehabilitation. Today, the problem of sexual violence was further compounded by the inherent risks associated with the new information and communication technologies – by the Internet, satellite channels and the proliferation of audiovisual media which polluted the minds of unprotected youngsters and brainwashed them to accept as normal deviant behaviour, immoral practices and perversions that were unfortunately common in many societies. Egypt asked for successful national examples of raising awareness on the rights of the child and their special needs for protection, support, counselling and rehabilitation, as well as in avoiding stigmatization of child victims of sexual violence and helping them to overcome the barrier of silence.

Concluding Remarks by Panellists

SUSANA VILLARAN DE LA PUENTE, Member of the Committee on the Rights of the Child, in some final comments, said that they had covered a lot of concerns in today’s discussion. One was how States should use regional and universal instruments. Compliance and monitoring of compliance by States had been mentioned, and she noted that the participation of civil society in monitoring compliance was a very useful tool in that regard. The recommendations by the Committee on the Rights of the Child after each review of States parties were also an important tool, as well as recommendations by regional systems, which were also enormously useful. In terms of complaints, she noted that there was a need for the Convention on the Rights of the Child to have an Optional Protocol for individual communications.

VICTOR KARUNAN, Chief of Adolescent Development and Participation at the United Nations Children's Fund (UNICEF), in concluding remarks, noted that insufficient attention was paid to the demand dimension; that should indeed be addressed both at the national and the global level, not least because the demand was a root cause in itself. He reiterated that child-led initiatives were of utmost importance; children should not only be consulting to seek their views, but they had to be considered as equal partners in addressing violence against them. In moving forward, more needed to be undertaken to share good practices within the United Nations system and civil society; there should be a stronger focus on the immediate environments where sexual violence occurred, including schools and homes; a more integrated approach should be adopted, also including the media and the private sector; and children should be treated as equal partners in the struggle to combat sexual abuse.

NAJAT M'JID MAALLA, Special Rapporteur on the sale of children, child prostitution and child pornography, in concluding comments, said there were programmes that worked on the deconstructing of certain mindsets and views, working with families and communities to encourage them to adopt new ones, but that was a very long-term process. In terms of early marriages, female genital mutilation or corporal punishment, important results had been noted. That was not a clash between Western values and other values, and that should be borne in mind. On international assistance, there were a great number of examples of technical and financial assistance, such as training of police forces. Yokohama and Rio dealt with the same problems, but the exponential rise in child pornography as well as in child prostitution and trafficking should not be ignored, nor should violence within the family. The offenders were not all sick perverted people, but there was a great deal of consumerism of child pornography, and a whole financial and network dimension that should be examined to identify profiles of offenders. Psychological follow-up was important for victims, but it was a problem in many countries where there were no psychologists, so families and communities should be trained to provide support and long-term follow-up for those child victims.

Maud De Boer-Buquicchio, Deputy Secretary General of the Council of Europe, in final remarks, said that she believed that one of the biggest challenges of the Council of Europe’s upcoming campaign was the creation of effective prevention mechanisms. Such instruments would prevent many problems of sexual violence against children. Children committing criminal offences also needed to be considered first of all as children. She concluded by repeating a favourite phrasing of the problem, “children are not mini-humans with mini-human rights; in the field of sexual violence they are human beings who need maximum attention”.

ELIANA RESTREPO, Deputy Director of PLAN Colombia, in some concluding observations, said children’s education had to be oriented towards less competitive schemes. Her personal experience highlighted that there was a need to think more cross-sectorally and involve all sectors, both traditional and non-traditional, in the fight against sexual violence against children.
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