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Committee on the Rights of the Child
28th session
28 September 2001


“Violence Against Children, Within the Family and in Schools”

Statement by Mary Robinson,
UN High Commissioner for Human Rights

Day of General Discussion
Palais Wilson, Geneva



Thank you, Mr. Chairperson. Members of the Committee on the Rights of the Child, invited guests, ladies and gentlemen,

I am pleased to address you on this Day of General Discussion. Such an opportunity for reflection, discussion and analysis of the procedure of the Committee on the Rights of the Child and that of other treaty bodies, is an innovation of considerable value for the effective working of the treaty system. And ultimately for the better protection of human rights.

I know that Committee members welcome the opportunity for informal dialogue with UN partners NGOs and especially those Government representatives who will join the discussion. I am glad to welcome them all. I know that several of the human rights mandate holders that deal with related issues have expressed their regret at being unable to accept the Committee’s invitation to take part in this year’s discussion. But I am glad to see that the newly appointed Special Rapporteur on Sale of Children, Child Pornography and Child Prostitution, is joining you today.

The theme of last year’s Day of Discussion, continued this year, is violence against children.

Last year the Committee’s focus was on state violence. This year, the discussion will be on violence in the family and school. These contexts are less often examined but they are nevertheless fundamental.

Mention of the subject of violence must bring to every one’s mind the events of the 11 September and the terrorist attacks in the United States. I had the opportunity to visit New York last week. I was able to go along with a colleague from the New York office to Ground Zero. I had the opportunity to meet with some of those involved in the rescue services and some of those offering counselling and comfort to the bereaved. As far as we are aware all those killed were adults. But being there in the after math of the attack what struck me was the sense of the vulnerability of all us, adults and children, to violence and the need we all have for physical and psychological security.

The World Conference against Racism, held in Durban concluded just two days before the US attacks. One relevant observation on Durban is the extent to which it emerged that ethnicity – like gender – can be a factor making many children particularly vulnerable to violence. Young people raised their voices in Durban through the Youth Forum and asked us to redouble our efforts, for children and with children, to end the violence they suffer.

Violence against children can stem from numerous causes and contexts. But what ever its source two points need to be emphasised: firstly, children can be more vulnerable to life-long consequences of the violence they experience; secondly, violence against children is always a violation of their rights. International human rights treaties impose legal obligations on States – and these are clearly violated when State agents are the ones who breach human rights norms. But, the human rights of children are also violated when the State fails to live up to its obligation to protect children from violence suffered at the hands of others.

Violence and the School

When the 191 States parties to the Convention on the Rights of the Child accepted to be bound by the provisions of article 28, they agreed to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity”. Yet, in too many cases, discipline is still invoked as the justification for treating children in ways that we would consider absolutely unacceptable if applied to adults. This is a matter in which great progress could be achieved quickly with enough political will and determination. Many States have yet to enact appropriate legislation banning unacceptable forms of so-called discipline –including corporal punishment and other sanctions that humiliate rather than correct. Other States must ensure that existing legislation is extended so as to cover private establishments as well as public ones. In addition, among the many States that have appropriate legislation in place, efforts must be increased to ensure that it is enforced in practice. In all cases, States must involve children in their initiatives including the creation of non-violent systems of discipline in the school. They should increase their efforts to provide appropriate training to teachers and school administrators. There is also a need to increase public debate and awareness, especially among parents, not only about the unacceptability of harsh methods of school discipline but also about the effectiveness of alternative non-violent approaches.

Discipline is needed in schools. The evidence shows that when it is properly designed and administered, children are the first to appreciate and welcome clear guidance on acceptable as well as unacceptable behaviour. Teachers and school administrators must be able to ensure that children are not victimised by other students. The provisions of articles 28 and 29 of the Convention, that guarantee to every child the right to an education directed at the development of her or his personality, talents, and mental and physical abilities to their fullest potential, cannot in practice be secured where the school becomes a place to be feared, rather than enjoyed.

When large proportions of students live in fear of bullying by their classmates, when they are taught or learn to value violence, or when they feel threatened by a school climate that tolerates violence and vandalism, their right to learn and to prepare for a responsible life in a free society is denied. And we should note they don’t get a second chance. Where school students are more likely to suffer violence and abuse because of their gender or because they are the target of racial, religious, xenophobic or similar discrimination, then their rights are doubly violated. Educators have a major role to play, not only in ensuring that their own behaviour is not violent or discriminatory, but also in ensuring protection to the girls in their class, as well as to the immigrant or minority children or to kids who for some reason are different from the others in the classroom – all may be particularly vulnerable to violent abuse.

Violence and the Family

The second theme you are discussing today is violence against children in the family. This is sometimes seen as an even greater challenge to the human rights community and to all societies. Articles 5 and 18 and other provisions of the Convention require States to give full recognition and support to the responsibilities, rights and duties of parents with regard to their children. However, other provisions, and in particular article 19, also impose a clear obligation on States – an obligation that as a more general principle has long been recognised in most societies – that is to take all appropriate measures to protect children from all forms of violence and abuse while in the care of parents and guardians. Some people, perhaps learning for the first time that the international community has given clear recognition to children as subjects of human rights are tempted to see these two sets of obligations not as complementary, but as in conflict.

We must work hard to explain to parents and communities everywhere, that recognising the human rights of children does not amount to denying rights to parents. Thus the right to family privacy most often cited in this context extends to children as much as to adults. There is nothing new about the constant need to reconcile the different rights of several parties in any given situation and setting limits to the exercise of rights when they conflict with the rights of others. This every day process of balancing or harmonising rights does not amount to denying rights. There is nothing new in accepting that the State has an obligation to protect children from violence even within the family – what seems new to some is the acknowledgement that children enjoy that right to the same extent as any adult. If we are serious in believing that children have rights, we cannot accept the right of anyone to treat them in a way that would be considered intolerable, and a criminal offence, if inflicted on a spouse in the home or on a stranger in the streets.

Children cannot but be most deeply affected by violence that they suffer within their own families. Research has taught us that no other violation of their rights is as difficult for children to voice and to denounce as violence within the family. Many suffer silently because to do otherwise would be unthinkable. While collecting reliable statistics is extremely difficult, we must face the facts that, sadly, it is very likely that a greater number of children are victims of violence and abuse within their own families and homes than in any other setting. We know that no other abuse has a greater potential impact on the development of the child. We know that while gender discrimination has an impact on the pattern of abuse and vulnerability, both boys and girls are affected. And we understand the need for responses to such violence that will best ensure physical and psychological recovery and social reintegration of the victims. I might add that we must also ensure that racial or related discrimination does not influence prevention and intervention efforts. But we are also aware that no other form of violence is as difficult to monitor, as complex to prevent, and as wrenching to remedy.

Just as in the case of schools, to call for an immediate end to the victimisation of children within the family does not amount to denying the need for discipline in the child’s formation. It does however require States to go beyond the enactment of legal measures. In addition states need to ensure through public education and awareness raising campaigns, that there are changes brought about in social and cultural perceptions of the acceptability and effectiveness of alternative forms of discipline. At the same time States need to ensure that support and assistance is available to parents and family members who may find it difficult to deal appropriately with their children especially in situations of psychological or economic stress. Children too need to have easy and appropriate access to advice and help. Professionals working with and for children should have the necessary specialist training and resources. They should also be encouraged to work together with the common emphasis being on prevention.

We need to make sure that protecting children against ALL forms of violence is seen as an even greater priority of the international community, fully involving all parts of the UN system. I am certain that the outcome of today’s discussion will help to inform the outcome of the General Assembly Special Session on Children when it takes place next year. But we are also very aware that it is at the national level that action must be taken to change the daily lives of children. It will be up to me, but also to all of you participating in today’s meeting, to take the Committee’s recommendations back to our own organizations and to ensure that they are studied and used to improve the way in which we fight against the violence suffered by children. My Office will bring the recommendations adopted on these themes to the attention of all human rights mandates, and will continue to cooperate in the follow up efforts that will be needed for today’s discussion.

I wish you all success and look forward to the outcome of your deliberations.