Child Protection

LECTURE NOTE
ABDIRAHMAN M Dahie
FIRST EDITION
2019
Child Protection
 COURSE INFORMATION

PLACE: SOMALI NATIONAL UNIVERSITY

DIVISION – FACULTY OF EDUCATION & SOCIAL SCIENCES

DEPARTMENT: SOCIAL WORK

COURSE NUMBER: ________

COURSE NAME: CHILD PROTECTION

DEVELOPED BY: ABDIRAHMAN MOHAMED DAHIE

CREDIT HRS: 4 HOURS PER WEEK

 TABLE OF CONTENTS

CHAPTER ONE: UNDERSTANDING CHILD PROTECTION. 2

CHAPTER TWO: BACKGROUND, ORIGINS AND MAIN CONTENT OF UN (CRC). 18

CHAPTER THREE: THE IMPORTANCE OF CHILD PROTECTION. 23

CHAPTER FOUR: CHILDREN’S RIGHT TO FOOD AND WATER. 32

CHAPTER FIVE: CHILDREN’S RIGHT TO HEALTH AND EDUCATION. 41

CHAPTER SIX: CHILDREN’S RIGHT TO LIFE, FREEDOM AND IDENTITY. 50

CHAPTER SEVEN: CHILDREN IN EMERGENCIES. 61

CHAPTER EIGHT: WAR TRAUMA & PSYCHOSOCIAL EFFECTS OF WAR. 70

CHAPTER NINE: MENTAL HEALTH & PSYCHOSOCIAL SUPPORT (MHPS). 80

CHAPTER TEN: SEXUAL AND GENDER-BASED VIOLENCE (SGBV). 90

 1
UNDERSTANDING CHILD PROTECTION

Defining Child Protection

Child Protection (CP) is a broad term used for efforts to safeguard children from

actions or situations that place their healthy development and well-being at risk.

UNICEF’s definition of CP, which is to prevent and respond to violence, exploitation

and abuse against children, Child Protection implies the interdisciplinary measures

undertaken to guaranty the survival and acceptable development of children, in

respect of their rights. does not consider protection uniquely as a preventive

action but as an action focused as well on the provision of services until the child is

no longer at risk. Building blocks to keep in mind when defining protection include:

Protection as rights-based

The Convention on the Rights of the Child (CRC), ratified and signed by almost all

countries in the world, is a statement of rights given to individuals under 18. These

international rights are in total congruence with most of essential needs of the

children. The aim of the CRC is to ensure that children’s basic needs are met and

to guaranty that children can reach their full potential.

Protection as state responsibility:

Protection is the foremost responsibility of a state towards its citizens. Only

where and when a state cannot meet its responsibility, is it charged with enabling

the provision of humanitarian action by impartial organizations.

Protection as humanitarian principle

Born of a desire to bring assistance without discrimination, the essence of

humanitarian aid is to protect life and health and to ensure respect for the human

being.

Protection as empowerment

Protection is fundamentally about people. It is a mistake to think of states,

authorities and agencies as the sole actors in the protection of populations at risk.

Even in the case of humanitarian crisis and within a weak state, communities have

their own child protection mechanisms and develop coping mechanisms, but many

children do not benefit from them. Community based intervention should take into

account these coping mechanisms in order to reinforce them, and make them

available to all children. People are always key actors in their own protection. The

dimensions of CP are measures and structures that prevent and respond to

physical, sexual, emotional or psychological abuse,; commercial sexual exploitation;

child trafficking; child labor; abuse in the home, school, and community; and

harmful and abusive traditional practices, such as female genital mutilation (FGM;

also known as cutting) and child marriage.

Children need to be protected, because they are physically, mentally and

emotionally immature and unable to adequately protect themselves. The younger a

child is, the more care and protection he or she will need. For instance, during the

first five years of life children are particularly vulnerable and their survival and

well-being depend primarily on their parents or other adult caregivers. As children

grow, their physical, cognitive and socio-emotional capabilities evolve and mature,

but children are still not fully capable of protecting themselves.

Children who are maltreated are at increased risk of lifelong developmental

challenges, HIV infection and other physical, emotional and social problems.

Moreover, these outcomes compromise the economic and social development of

societies, so protecting children from harm is a vital aspect of development

programs. Because of its complexity, CP must be multidisciplinary and multi-

sectoral. Effective CP involves working with a wide range of formal and informal

bodies: governments, multilateral agencies, donors, communities, caregivers and

families. It also depends on close partnership with children and initiatives to

strengthen children’s capacity to protect them.

A successful CP system strengthens the capacity of all these actors to protect

children for the long term, addressing root causes of maltreatment such as chronic

poverty, insecurity, power imbalances (gender inequality, for example) and harmful

traditional attitudes and behaviors.

Creating a protective environment for children

The protective environment framework developed by UNICEF (see Figure 1) is an

example of a multidisciplinary, multi-sectoral and holistic, approach to CP. It is a

useful framework for FHI 360 country offices (COs) and IPs to consider when

they implement CP interventions in community-based care and support programs.

This framework is the basis of UNICEF’s strategy to protect children from

maltreatment. According to UNICEF, a protective environment is one where all

actors — from children and health workers to governments and the private sector

— live up to their responsibilities to ensure that children are protected from abuse

and exploitation.
 Figure 1

A protective environment has eight key elements. Absent any one of them, children

are more vulnerable to abuse, violence, discrimination and violation of their rights.

These elements are:

1. Attitudes, traditions, customs, behavior and practices: Children are not safe

in societies where norms or traditions facilitate abuse. For example, social

norms that tolerate adults having sex with minors or violence against

children facilitate abuse. Children affected by HIV are more vulnerable to

abuse and exploitation in societies that discriminate against them because of

their status. Children are more likely to be protected in societies where all

forms of maltreatment of children are taboo and where the rights of

children are broadly respected by customs and tradition.

2. Governmental commitment to fulfilling protection rights: This is an essential

element of a protective environment. Governments need to show commitment

 to creating, enforcing and implementing strong legal frameworks that comply

with international legal standards, policies and programs.

3. Open discussion and engagement with CP issues: Above all, children need to

be free to speak up about CP concerns affecting them or other children. At

the national level, media attention and civil society engagement with child

protection issues strengthen a protective environment. Nongovernmental

organizations (NGOs) need to make protection a priority. The silence must

be broken.

4. Protective legislation and enforcement: An adequate legislative framework

designed to protect children from abuse must be not only adopted but also

implemented and enforced.

5. The capacity of people in routine contact with children to protect them:

Health workers, teachers, police, social workers and many others who

interact with children need to be equipped with the motivation, skills and

authority to identify and respond to child protection abuses.

6. Children’s life skills, knowledge and participation: Children are less

vulnerable to abuse when they are aware of their right not to be exploited

or of services available to protect them. With this information, children can

draw upon their knowledge, skills and resilience to reduce their risk of

exploitation.

7. Monitoring and reporting of child protection issues: An effective monitoring

system records the incidence and nature of child protection abuses and

allows for informed and strategic responses.

8. Services for recovery and reintegration: Child victims of any form of

neglect, exploitation or abuse are entitled to care and nondiscriminatory

 access to basic social services. These services must be provided in an

environment that fosters the health, self-respect and dignity of the child.

Understanding Child Maltreatment

Child Maltreatment has been defined as “all forms of physical and/or emotional ill-

treatment, (sexual) abuse, neglect or negligent treatment or commercial or other

exploitation, resulting in actual or potential harm to the child’s health, survival,

development or dignity in the context of a relationship of responsibility, trust or

power.” Because the term encompasses abuse, neglect, violence and exploitation,

this manual uses it throughout. Maltreatment of children is internationally

recognized as a serious public health, human rights, legal and social issue. Child

maltreatment is a complex. It occurs in many different settings and in every

culture, country and context, so exact numbers of child victims cannot be given.

Enormous amounts of time, effort and money are spent on prevention and support

services for victims.

The nature, severity and consequences of maltreatment can vary widely. The

consequences depend on the duration, frequency and intensity of the

maltreatment; the victim’s age; the perpetrator’s age; the perpetrator’s

relationship to the victim; and the rehabilitation/remedial services the victim

receives. In extreme cases, maltreatment results in death.

Types of Child Maltreatment

Following are descriptions of the most important types of child maltreatment.

1. Child Abuse

Child abuse is the most common harmful action carried out against children around

the world every day. Organizations serving children must understand and address

it. Child abuse is any deliberate behavior or action that endangers a child’s health,

survival, well-being and development. There are three types: physical, emotional

and psychological and sexual abuse. Neglect can also be considered a form of child

abuse but is described separately here.

a) Physical abuse involves any action that brings intentional physical harm or

injury to a child, such as slapping, pinching, kicking, biting, punching, pushing,

throwing, burning or hitting with the hand or an object (such as a cane, belt,

whip, or shoe). Often, there are external injuries (wounds or bruises), but

abuse is not always visible or detectable. Much physical abuse against

children is inflicted at home or in school as a form of discipline.

b) Emotional or psychological abuse often accompanies physical abuse.

Children who experience it are “hit” with words that demean shame,

threaten, blame, intimidate or frighten them.

c) Sexual abuse involves forcing or enticing a child to take part in sexual

activities. Activities may involve physical contact, such as genital fondling

and sexual intercourse, and noncontact activities, such as indecent exposure,

making children look at pornographic materials or encouraging children to

behave in sexually inappropriate ways. Girls are disproportionately affected

by sexual abuse
2. Child Neglect

Neglect is the persistent failure of a parent or adult caregiver to provide

appropriate care to a child, despite being able to do so. Neglect is usually an

ongoing pattern of inadequate care that can be observed by people in close contact

with the child. Indicators of child neglect are poor hygiene, poor weight gain and

growth, inadequate medical care and frequent absences from school or day care.

There are different types of neglect

a) Physical neglect is the consistent failure to provide a child with basic

necessities such as food, shelter, or clothing. Child abandonment, inadequate

supervision, and failure to ensure the safety of a child are also forms of

neglect. Physical neglect can severely impact a child’s development, by

causing failure to thrive, malnutrition, and serious illnesses.

b) Medical neglect is the consistent failure to provide necessary health

services to a child, thus placing the child’s health and life at risk. Examples

of medical neglect are when a parent refuses to seek medical care for a

child who has an acute illness, or when a parent ignores medical

recommendations for a child with a treatable chronic disease or disability,

resulting in frequent hospitalizations or a significant deterioration of the

child’s condition.

c) Emotional neglect is the consistent failure to provide affection, stimulation,

nurturance and encouragement to a child. Severe emotional neglect of an

infant’s need for stimulation and nurturance can result in the infant failing

to thrive and even in the infant’s death. Emotional neglect can also lead to
 the child’s poor self-image and self-esteem, and to alcohol or drug abuse and

other destructive behaviors later in life.

d) Educational neglect is the failure to enroll in school a child of mandatory

school age or provide appropriate home schooling. Educational neglect can

lead to the child failing to acquire basic life skills and can pose a serious

threat to the child’s psychological, emotional, and social development and

well-being, particularly when the child has special educational needs that are

not met. In many cultures, girls are more likely than boys to experience

educational neglect.

3. Child Exploitation

Child exploitation is the use of children for someone else’s economic or sexual

advantage, gratification or profit, often resulting in unjust, cruel and harmful

treatment of the child. Following is a brief description of some of the most

significant forms of child exploitation around the world:

a) Child labor: The International Labour Organization (ILO), an agency of the

U.N., uses two different terms to make a distinction between acceptable and

unacceptable activity for children: work and labor. According to the ILO,

work is acceptable for children to a certain extent. It is defined as light

activities, unpaid and paid, such as helping parents at home for short periods

or activities for pocket money that do not interfere with the education and

development of children.

b) Hazardous labor: is any activity or occupation that has or leads to adverse

effects on a child’s safety, health and moral development. Hazardous labor

conditions include night work; long hours of work; exposure to physical,

 psychological or sexual abuse; work underground, underwater, at dangerous

altitudes or in confined spaces; work with dangerous machinery, equipment

and tools; and work in unhealthy environments that may expose children to

hazardous substances and temperatures damaging to their health. Children

who do hazardous work account for more than 90 percent of those engaged

in the “worst forms of child labor,” as defined by the ILO (see sidebar).

c) Sexual exploitation of children can be described as a practice by which a

person, usually an adult, achieves sexual gratification, financial gain or

advancement through the abuse or exploitation of a child’s sexuality.

Examples of such practices are trafficking, prostitution, prostitution

tourism, pornography, and stripping. It is considered to be one of the worst

forms of child labor.

Sexual exploitation of children — a form of sexual abuse — includes exploitation

for commercial sex. Millions of children (and a disproportionate number of girls)

worldwide are exploited for commercial sex. Children are enslaved by a chain of

actors who all profit in some way. The chain can be long, linking a child to an abuser

sometimes thousands of miles away through intermediaries that include recruiters,

transporters, brothel owners and pimps. Organized criminal networks and gangs

thrive on the trade in children. The phenomenon is complex and enormous. Because

it is largely hidden, accurate data do not exist. Exploitation for commercial sex is a

form of coercion and violence against children that amounts to forced labor and a

contemporary form of slavery.

4. Child Trafficking

According to the U.N. Protocol to Prevent, Suppress and Punish Trafficking in

Persons, Especially Women and Children (2000), child trafficking is the

recruitment, transportation, transfer, harboring or receipt of children for the

purpose of exploitation. It is a violation of their rights and well-being and denies

them the opportunity to reach their full potential. Although recent research has

yielded some information on the nature of child trafficking, its magnitude is

uncertain. In 2005 the ILO estimated that 980,000 to 1,225,000 children (boys

and girls) are in a forced labor situation as a result of trafficking; this figure is

the most reliable reference. Child trafficking occurs within countries, across

national borders, and across continents. It is closely interlinked with the demand

for cheap, docile labor in sectors and among employers where working conditions

and treatment grossly violate children’s human rights. Children are trafficked to

work in environments that are unacceptable (the unconditional worst forms) as well

as dangerous to health and development (hazardous worst forms). These forms

range from bonded labor, camel jockeying, child domestic labor, commercial sexual

exploitation and prostitution, drug couriering, and child soldiering to exploitative or

slavery like practices in the informal industrial sector.

5. Violence against Children

Violence against children is defined as all forms of physical or mental injury, abuse,

neglect or exploitation. Violence can be committed by individuals, by the state and

by groups and organizations. Its results are injury, fear of injury and fundamental

interference with personal freedom. The table in the next page describes and

provides examples of different types of violence against children. UNICEF

estimates that more than 70 million girls and women between the ages of 15 and 49

have undergone FGM/C in 28 African countries, plus Yemen, and 3 million girls are

at risk of FGM/C each year on the African continent alone. The procedure can be

performed as early as one year of age. It may cause severe pain and can result in

prolonged bleeding, infection, infertility and even death.

This fundamental violation of the rights of girls is deeply entrenched in social

norms. It is a manifestation of gender inequality. The practice is violent in nature,

even though the families who perpetrate it may not intend to do violence.

Communities practice FGM/C in the belief that it will ensure a girl’s proper

marriage, chastity, beauty or family honor.

Some also associate it with religious beliefs, although no religious scriptures

require it. The practice is such a powerful social norm that families have their

daughters cut even when they are aware of the harm it can cause. If a family were

to stop practicing it on their own they would put the marriage prospects of their

daughter as well as the family’s status at risk.

Fig. 1.1 – child protect

 2
BACKGROUND, ORIGINS AND MAIN CONTENT OF THE UN
CONVENTION ON THE RIGHTS OF THE CHILD (CRC)

Historical Overview of the Children’s Rights Evolution

In the Middle-Age, children were considered as “small adults”. In the middle

of the 19th century, the idea appears in France to give children special protection,

enabling the progressive development of “minors’ rights”. Since 1841, laws start to

protect children in their workplace. Since 1881, French laws include the right for

the children to be educated. At the beginning of the 20th century, children’s

protection starts to be put in place, including protection in the medical, social and

judicial fields. This kind of protection starts first in France and spreads across

Europe afterwards. Since 1919, the international community, following the creation

of The League of Nations (later to become the UN), starts to give some kind of

importance to that concept and elaborates a Committee for child protection. The

League of Nations adopts the Declaration of the Rights of the Child on September

16, 1924, which is the first international treaty concerning children’s rights. In

five chapters it gives specific rights to the children and responsibilities to the

adults. The Geneva Declaration is based on the work of the Polish physician Janusz

Korczak.

World War II and its casualties leave thousands of children in a dire

situation. Consequently, the UN Fund for Urgency for the Children is created in

1947, which became UNICEF and was granted the status of a permanent

international organization in 1953. From its inception, UNICEF focuses particularly

on helping young victims of World War II, taking care mainly of European children.

But in 1953 its mandate is enlarged to a truly international scope and its actions
expanded to developing countries. UNICEF then puts in place several programs for

helping children in their education, health, and their access to water and food.

Since December 10, 1948, the Universal Declaration of Human Rights recognizes

that “motherhood and childhood are entitled to special care and assistance.”

In 1959 the General Assembly of the UN adopts the Declaration of the Rights of

the Child, which describes in 10 principles the children’s rights. Whereas this text

has not been signed by all the countries and its principles have only an indicative

value, it paves the way to a Universal Declaration of Children Rights. After the

adoption of the Universal Declaration of Human Rights, the UN wanted to

introduce a Charter of Human Rights which would be enforceable and would oblige

the states to respect it. Thus, a Commission on Human Rights was set up to write

this text. In the midst of the Cold War and after hard negotiations, two texts

complementary to the Universal Declaration of Human Rights were adopted by the

General Assembly of the UN in New York: The International Charter for

Economical, Social and Cultural Rights recognizes the right to the protection

against economical exploitation, the right to be educated and the right to

healthcare.

The Charter related to Civil Rights establishes the right to have a name and a

nationality. The year 1979 is declared International Year of the Child by the UN.

That year saw a real change of spirit, as Poland makes the proposal to create a

working group within the Human Rights Commission, which is in charge of writing an

international charter. The Convention on the Rights of the Child is adopted

unanimously by the UN General Assembly on November 20, 1989. Its 54 articles

describe the economic, social and cultural rights of the children. The Convention on

the Rights of the Child is the text in relation to human rights which has been the
most rapidly adopted. This text becomes an international treaty and enters in

force on September 2, 1990, after being ratified by 20 states. The Organization

for African Unity adopts the African Charter for the Rights and Welfare of the

Child on July 11, 1990. The Worst Forms of Child Labour Convention is adopted on

June 17, 1999. In May 2000, the optional protocol to the International Charter of

the Child Rights regarding the participation of children in armed conflicts is

ratified. It entered into force in 2002. This text prohibits minors taking part in

armed conflicts. As of today, the International Charter of the Child Rights has

been signed by 190 states of 192, even though there are a few reservations

concerning certain parts of the text. Only the US and Somalia have signed but not

ratified.

The Convention on the Rights of the Child

The Beginnings of the Convention, in the absence of any legally binding text, it

seemed difficult to effectively protect children’s rights. Thus, in 1978, Poland

proposed the idea of a Convention on the Rights of the Child that would be legally

binding for all nations.

The Polish Initiative

On February 7th, 1978, Poland presented the idea of a United Nations Convention

on the Rights of the Child. The bill consists of nineteen articles, of which ten are

legislative, and nine procedural. In contrast to the prior Geneva Declaration, this

Convention is supposed to be binding for states. Seizing on the anniversary of the

Geneva Declaration, Poland thought that such a Convention on the Rights of the

Child would be able to be adopted from 1979 onward. In reality, it took ten years

for a bill to gain the unanimous support of the international community. In 1979
international Year of the Child In order to promote awareness and to encourage

states to act towards the protection and the assurance of children’s rights, the

United Nations declared 1979 the “International Year of the Child”. The Adoption

of the Convention, On November 20th, 1989, the General Assembly of the United

Nations adopted the Convention on the Rights of the Child as part of Resolution

44/25. The adoption of the Convention put an end to a process lasting almost ten

years.

Definition of the Convention

The Convention on the Rights of the Child: Are part of the legally binding

international instruments for the guarantee and the protection of Human Rights.

Adopted in 1989, the Convention’s objective is to protect the rights of all children

in the world. The 1st legally binding text that protects the rights of children: The

Convention is the first legally binding international instrument of Children’s Rights

protection. That means that it establishes an obligatory force to the body of all

the rights it stipulates. That implies that the States that ratified the Convention

are obligated to respect and to ensure that all rights it establishes in the name of

children are respected. This Convention represents the most comprehensive

international text that exists in terms of children’s rights protection. Even though

other international instruments, such as the International Pacts, the ILO

Conventions, and the international adoption Convention guarantee children’s rights,

the Convention is the only text to address all aspects of children’s rights. The

Convention comprises 54 articles that establish the body of all children’s civil and

political rights, as well as their economic, social and cultural rights. It also

advocates the protection and promotion of the rights of special needs children, of

minority children and of refugee children.

This Convention establishes 4 principles that must govern the implementation of all

the rights it advocates:

1. Non-discrimination

2. Best interest of the child

3. Right to life, survival and development

4. Respect for the views of the child

The meaning of the child and the rights of the children

“Humanity has to do its best for the child.” Declaration of Geneva

Definition of the Child

Etymologically, the term “Child” comes from the Latin infants which mean ”the

one who does not speak “. For the Roman, this term designates the child from its

birth, up to the age of 7 years. This notion evolved a lot through centuries and

cultures to finally designate human being from birth until adulthood. But this

conception of the child was wide and the age of the majority varied from a culture

to another. The Convention on the Rights of the Child of 1989 defines more

precisely the term “child”

Definition of the rights of the child

The recognition of the rights of the children, Children’s rights were recognized

after the 1st World war, with the adoption of the Declaration of Geneva, in 1924.

The process of recognition of children’s rights continued thanks to the UN, with

the adoption of the Declaration of children’s rights in 1959. The recognition of the

child’s interest and his rights become real on 20 November 1989 with the adoption

of the International Convention on the Rights of the Child which is the first
international legally binding text recognizing all the fundamental rights of the

child.

Children’s rights: human rights

Children’s rights are human rights. They protect the child as a human being. As

human rights, children’s rights are constituted by fundamental guarantees and

essential human rights:

1. Children’s rights recognize fundamental guarantees to all human beings:

the right to life, the non-discrimination principle, the right to dignity

through the protection of physical and mental integrity (protection

against slavery, torture and bad treatments, etc.)

2. Children’s rights are civil and political rights, such as the right to identity,

the right to a nationality, etc.

3. Children’s rights are economic, social and cultural rights, such as the right

to education, the right to a decent standard of living, the right to health,

etc.

4. Children’s rights include individual rights: the right to live with his

parents, the right to education, the right to benefit from a protection,

etc.

5. Children’s rights include collective rights: rights of refugee and disabled

children, of minority children or from autochthonous groups.

Children’s rights: rights adapted to children

Children’s rights are human rights specifically adapted to the child because they

take into account his fragility, specificities and age-appropriate needs.

1. Children’s rights take into account the necessity of development of the

child. The children thus have the right to live and to develop suitably

physically and intellectually.

2. Children’s rights plan to satisfy the essential needs for a good

development of the child, such as the access to an appropriate

alimentation, to necessary care, to education, etc.

3. Children’s rights consider the vulnerable character of the child. They

imply the necessity to protect them. It means to grant a particular

assistance to them and to give a protection adapted to their age and to

their degree of maturity. So, the children have to be helped and

supported and must be protected against labour exploitation, kidnapping,

and ill-treatment, etc.

 THE IMPORTANCE OF CHILD PROTECTION
3
Introduction

Every child has the right to be safe from harm. Nevertheless, every year the lives

and physical, mental and emotional well-being of millions of children around the

world are threatened by maltreatment such as abuse, neglect, violence and

exploitation. Studies from around the world show that approximately 20 percent of

women and 5 to 10 percent of men report having been sexually abused as children.

Other studies show that between a quarter and a half of all children report severe

and frequent physical abuse. In addition, it is estimated that 215 million children

are involved in child labor, which is a form of child exploitation; 115 million of them

are involved in hazardous work.

These are only some of the staggering figures that show the magnitude of

child protection violations around the world. They are under recognized and under-

reported and constitute barriers to the fulfillment of children’s human rights.

They also undermine children’s healthy development and survival. These violations

occur in every country, culture and social and economic group. However, children

whose parents or caregivers are absent owing to illness, death or abandonment are

more vulnerable to maltreatment, because they have lost their first line of

protection.

International standards on child protection

That children have rights has been recognized in international law as early as 1924,

when the first international Declaration on the Rights of the Child was adopted by

the League of Nations. Subsequent human rights instruments – both those of the

United Nations, such as the Universal Declaration of Human Rights of 1948, and
regional instruments, such as the American Declaration on the Rights and Duties of

Man of the same year – recognized more generally the human right to be free from

violence, abuse and exploitation. These rights applied to everyone, including

children, and were developed further in such instruments as the International

Covenant on Civil and Political Rights of 1966. International consensus developed on

the need for a new instrument that would explicitly lay out the specific and special

rights of children. In 1989, the United Nations Convention on the Rights of the

Child was adopted by the General Assembly. It rapidly became the most widely

ratified human rights treaty in history, enjoying almost universal ratification.

The Convention on the Rights of the Child advances international standards on

children’s rights in a number of ways. It elaborates and makes legally binding many

of the rights of children laid out in previous instruments. It contains new

provisions relating to children, for example, with regard to rights to participation,

and the principle that in all decisions concerning the child, the child’s best

interests must come first. It also created for the first time an international body

responsible for overseeing respect for the rights of the child, the Committee on

the Rights of the Child. Recognition of the child’s right to protection is not limited

to the Convention on the Rights of the Child. There are a number of other

instruments, both those of the United Nations and those of other international

bodies, which also lay out these rights. These instruments include:

1. The African Charter on the Rights and Welfare of the Child of the

Organization for African Unity (now African Union) of 1990.

2. The Geneva Conventions on International Humanitarian Law (1949) and

their Additional Protocols (1977).

 3. International Labour Convention No. 138 (1973), which states that, in

general, persons under the age of 18 may not be employed in jobs that are

dangerous to their health or development, and International Labour

Convention No. 182 (1999) concerning the Prohibition and Immediate

Action for the Elimination of the Worst Forms of Child Labour.

4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children to the UN Convention on Transnational

Organized Crime.

Ensuring child protection

The fundamental objective of child protection is to ensure that all those with a

duty to safeguard the protection of children recognize that duty, and are able to

fulfill it. Given the ethical and legal imperatives, child protection is the business of

everyone at every level of society in every function. It creates duties for

presidents, prime ministers, judges, teachers, doctors, soldiers, parents and even

children themselves. These duties may be reflected in the legal standards that a

country puts in place. They may also be reflected in the choices a government

makes, including its allocation of resources.

The Child, the Family and the State

The most important actors in any child’s life are often, and should most often be,

his or her parents. As such, the family can be the single most important factor in

determining whether or not a child is protected. Conversely, however, given the

centrality of the family in the child’s life, it can also be a frequent source of

violence, abuse, discrimination and exploitation. The Convention places considerable

emphasis on the role of the family in raising children and, like older human rights

instruments, recognizes the right of the family to protection and support. Article
5 makes clear the responsibility of the State in protecting and respecting the role

of the family, stating that: States Parties shall respect the responsibilities, rights

and duties of parents or, where applicable, the members of the extended family or

community as provided for by local custom, legal guardians or other persons legally

responsible for the child, to provide, in a manner consistent with the evolving

capacities of the child, appropriate direction and guidance in the exercise by the

child of the rights recognized in the present Convention.

According to the Convention, the primary responsibility for raising children rests

with parents. When parents are unable to do so, the State has a duty to assist

them. At the same time, however, article 19 refers to the State’s obligation to

“protect the child from all forms of physical or mental violence, injury or abuse,

neglect or negligent treatment, maltreatment or exploitation, including sexual

abuse, while in the care of parent(s), legal guardian(s) or any other person who has

the care of the child.”

In the most extreme cases, this obligation on the State might even entail removal

of the child from his or her home. However, this should always be a last resort.

This is made clear in article 9 of the Convention, which provides in part that:

States Parties shall ensure that a child shall not be separated from his or her

parents against their will, except when competent authorities subject to judicial

review determine, in accordance with applicable law and procedures, that such

separation is necessary for the best interests of the child. Such determination

may be necessary in a particular case such as one involving abuse or neglect of the

child by the parents….

Protection Rights: Keeping Safe from Harm

The Convention on the Rights of the Child in the following articles:

a. Article 4 (Protection of rights): Governments have a responsibility to take

all available measures to make sure children’s rights are respected,

protected and fulfilled. When countries ratify the Convention, they agree to

review their laws relating to children. This involves assessing their social

services, legal, health and educational systems, as well as levels of funding

for these services. Governments are then obliged to take all necessary steps

to ensure that the minimum standards set by the Convention in these areas

are being met. They must help families protect children’s rights and create

an environment where they can grow and reach their potential. In some

instances, this may involve changing existing laws or creating new ones. Such

legislative changes are not imposed, but come about through the same

process by which any law is created or reformed within a country. Article 41

of the Convention points out the when a country already has higher legal

standards than those seen in the Convention, the higher standards always

prevail.

b. Article 11 (Kidnapping): Governments should take steps to stop children

being taken out of their own country illegally. This article is particularly

concerned with parental abductions. The Convention’s Optional Protocol on

the sale of children, child prostitution and child pornography has a provision

that concerns abduction for financial gain.

c. Article 19 (Protection from all forms of violence): Children have the right

to be protected from being hurt and mistreated, physically or mentally.

Governments should ensure that children are properly cared for and protect
 them from violence, abuse and neglect by their parents, or anyone else who

looks after them. In terms of discipline, the Convention does not specify

what forms of punishment parents should use. However any form of

discipline involving violence is unacceptable. There are ways to discipline

children that are effective in helping children learn about family and social

expectations for their behavior – ones that are non-violent, are appropriate

to the child's level of development and take the best interests of the child

into consideration. In most countries, laws already define what sorts of

punishments are considered excessive or abusive. It is up to each

government to review these laws in light of the Convention.

d. Article 20 (Children deprived of family environment): Children who cannot

be looked after by their own family have a right to special care and must be

looked after properly, by people who respect their ethnic group, religion,

culture and language.

e. Article 21 (Adoption): Children have the right to care and protection if

they are adopted or in foster care. The first concern must be what is best

for them. The same rules should apply whether they are adopted in the

country where they were born, or if they are taken to live in another

country.

f. Article 22 (Refugee children): Children have the right to special protection

and help if they are refugees (if they have been forced to leave their home

and live in another country), as well as all the rights in this Convention.

g. Article 32 (Child labour): The government should protect children from

work that is dangerous or might harm their health or their education. While

the Convention protects children from harmful and exploitative work, there

is nothing in it that prohibits parents from expecting their children to help

 out at home in ways that are safe and appropriate to their age. If children

help out in a family farm or business, the tasks they do be safe and suited to

their level of development and comply with national labour laws. Children's

work should not jeopardize any of their other rights, including the right to

education, or the right to relaxation and play.

h. Article 33 (Drug abuse): Governments should use all means possible to

protect children from the use of harmful drugs and from being used in the

drug trade.

i. Article 34 (Sexual exploitation): Governments should protect children from

all forms of sexual exploitation and abuse. This provision in the Convention is

augmented by the Optional Protocol on the sale of children, child

prostitution and child pornography. (See Optional Protocol pages.)

j. Article 35 (Abduction, sale and trafficking): The government should take

all measures possible to make sure that children are not abducted, sold or

trafficked. This provision in the Convention is augmented by the Optional

Protocol on the sale of children, child prostitution and child pornography.

(See Optional Protocol pages.)

k. Article 36 (Other forms of exploitation): Children should be protected

from any activity that takes advantage of them or could harm their welfare

and development.

l. Article 37 (Detention and punishment): No one is allowed to punish children

in a cruel or harmful way. Children who break the law should not be treated

cruelly. They should not be put in prison with adults, should be able to keep

in contact with their families, and should not be sentenced to death or life

imprisonment without possibility of release.

m. Article 38 (War and armed conflicts): Governments must do everything

they can to protect and care for children affected by war. Children under 15

should not be forced or recruited to take part in a war or join the armed

forces. The Convention’s Optional Protocol on the involvement of children in

armed conflict further develops this right, raising the age for direct

participation in armed conflict to 18 and establishing a ban on compulsory

recruitment for children under 18.

n. Article 39 (Rehabilitation of child victims): Children who have been

neglected, abused or exploited should receive special help to physically and

psychologically recover and reintegrate into society. Particular attention

should be paid to restoring the health, self-respect and dignity of the child.

o. Article 40 (Juvenile justice): Children who are accused of breaking the law

have the right to legal help and fair treatment in a justice system that

respects their rights. Governments are required to set a minimum age below

which children cannot be held criminally responsible and to provide minimum

guarantees for the fairness and quick resolution of judicial or alternative

proceedings.

p. Article 41 (Respect for superior national standards): If the laws of a

country provide better protection of children’s rights than the articles in

this Convention, those laws should apply.

 4
CHILDREN’S RIGHT TO FOOD AND WATER

The child’s right to food

About eleven million children die in developing countries each year, 60 percent of

them of the consequences of poverty and malnutrition and hunger-related diseases.

The child’s right to food can be derived from Articles 24 and 27 CRC. It is

implemented, “when every child, alone or in community with others, has physical and

economic access at all times to adequate food or means for its procurement”.

Realizing the right to food largely depends on preserving a healthy environment, its

core content implying the “availability of food in a quantity sufficient to satisfy

the dietary need of individuals, free from adverse substances, and acceptable

within a given culture”, according to the CESCR definition. Inadequate nutrition

early in life can cause irreparable damage to the developing brain and body. Among

other ills, results can include improper mental and physical development, diminished

mental and physical capacity, mental retardation, and blindness, impaired ability to

fight infections and increased risk for obesity and the chronic diseases associated

with it. Malnutrition underlies and contributes to approximately 53 percent of all

child deaths.

The right to adequate nutrition, therefore, is a fundamental, foundational right for

children. Its fulfillment is essential for life, health, development and dignity.

Without these, a child will have difficulty learning, playing, engaging in other

childhood activities, becoming a productive member of society in later years and

enjoying the full range of human rights to which all humans are entitled. General

Comment No. 12 to the International Covenant on Economic, Social and Cultural

Rights (ICESCR) clarifies that every state is obligated to ensure for everyone

under its jurisdiction access to the minimum essential food which is sufficient,

nutritionally adequate and safe to ensure freedom from hunger. General Comment

No. 12 recognizes, however, that the right to adequate food will have to be

realized progressively in many countries. States should consider specific national

policies, legal instruments and supporting mechanisms to protect ecological

sustainability and the carrying capacity of ecosystems to ensure the possibility for

increased, sustainable food production for present and future generations, prevent

water pollution, protect the fertility of the soil, and promote the sustainable

management of fisheries and forestry.

Food must also be of adequate quality to satisfy children’s mental and physical

health, growth and development needs (quality). It must be »free from adverse

substances«. Food safety calls for a range of public and private protective

measures in order to prevent the contamination of foodstuffs e.g. through poor

environmental hygiene. Finally, the right to food guarantees that all children must

have access to adequate food without discrimination.

Children’s Right to Adequate Nutrition in International Law

The right to adequate nutrition is established in numerous international

instruments, from the Universal Declaration of Human Rights (UDHR) to the

International Covenant on Economic, Social and Cultural Rights (ICESCR), the

Convention on the Right of the Child (CRC), and CEDAW. Breastfeeding is an

essential component of children’s right to adequate nutrition and to other human

rights and is protected and supported in several international instruments. These

include the ICESCR, CEDAW, the International Code of Marketing of Breastmilk

Substitutes (the Code) and subsequent World Health Assembly (WHA),

Resolutions, the 1990 Innocent Declaration on the Protection, Promotion, and

Support of Breastfeeding and the 2005 Innocent Declaration on Infant and Young

Child Feeding (Innocent Declarations), the Global Strategy on Infant and Young

Feeding (Global Strategy), and the ILO Maternity Protection Conventions and

Maternity Recommendations (1919, 1952, and 2000) (Maternity Protection

Convention).

Together these instruments establish a web of nutrition, health, social and

economic human rights protections that obligate governments to ensure the right

of every woman, child and person to adequate nutrition. Relevant provisions of

these instruments are summarized below.

International Legal Instrument What it Provides

UDHR, Art. 25: Right of everyone to a standard of living adequate

for health and well-being, including the right to

food

ICESCR, Art. 11: Fundamental right of everyone to be free from

hunger

Art. 12: Right of everyone to the enjoyment of the highest

attainable standard of physical and mental health

Art. 10: Special protection should be provided to mothers

during a reasonable period before and after

childbirth; working mothers should be accorded

 paid leave or leave with adequate social security

benefits

CRC, Art. 24: Right of the child to the enjoyment of the highest

attainable standard of health states must take

appropriate measures to diminish infant and child

mortality and combat disease and malnutrition

through, among other things, the provision of

adequate nutritious foods and clean drinking water

CEDAW, Art. 3 : Parties must take appropriate measures to ensure

the development and advancement of women.

Art. 11 and 12: States must take measures to eliminate

discrimination against women in employment, with

regard, in particular, to sanctions or dismissal on

the grounds of pregnancy or maternity leave, and

to introduce paid maternity leave. Article 12

requires states to ensure appropriate services in

connection with pregnancy as well as adequate

nutrition during pregnancy and lactation.

The Code Specific provisions for protecting, promoting, and

supporting breastfeeding (discussed in detail in

the section on breastfeeding).

ILO Convention and Recommendations Standards for maternity leave and

benefits, employment protection and non-

discrimination, and breastfeeding opportunities

 during work to support the ability of working

pregnant women and mothers to breastfeed and

otherwise care for their children and themselves

without jeopardizing their employment.

Brief overview of state obligations regarding the environmental aspects of the

child’s right to food

Obligation to Respect

States must not interfere with the access to natural resources if children depend

on these for secure food supply.

Obligation to Protect

States are required to prevent non-state actors, e.g. corporations from violating

the child’s right to adequate food. For example, states should adopt measures to

ensure that contaminants from industrial or agricultural processes, including

residues from pesticides or heavy metals, do not jeopardize children’s access to

food of adequate quality necessary to satisfy their physical and developmental

needs.

Obligations to Fulfill

States are obliged to take appropriate steps to strengthen the long-term food

security of all children. That presupposes, inter alia, monitoring the exploitation of

natural resources and teaching adults and children to use available resources

sustainably.
Children’s right to water

The child’s right to water and sanitation every day 6000 children die as a result of

illnesses caused by unclean water and poor sanitary conditions. Children’s health,

educational advancement and overall well-being are greatly influenced by their

access to basic services, including safe drinking water and sanitation. Water is a

vital resource. The international community finally affirmed that every person has

a right to water in 2010 with the adoption of resolution 64/292 in the UN General

Assembly. The child’s right to water can be derived from Articles 24 and 27 CRC.

It entitles every child “to sufficient, safe, acceptable, physically accessible and

affordable water for personal and domestic use” The realization of the right to

water thus depends in various ways on a healthy environment.

Water must be available to children in adequate quantities for their personal and

domestic use (availability). That generally covers water for drinking, washing and

food preparation, along with water for personal and household hygiene. The

minimum amount of water available should correspond to the guidelines of the

World Health Organization. The qualitative aspects of the right to water are

strongly linked to the environment (quality). Available water must be safe, i.e. free

from substances that constitute a threat to the child’s health. The Convention on

the Rights of the Child in the following articles:

Article 24

1. States Parties recognize the right of the child to the enjoyment of the

highest attainable standard of health.

2. States Parties shall pursue full implementation of this right and, in

particular, shall take appropriate measures:

 a) To combat disease and malnutrition, the provision of adequate

nutritious food and clean drinking water;

b) To ensure that all segments of society, in particular parents and

children, are informed, have access to education and are supported

in the use of basic knowledge of child health and nutrition, the

advantages of breastfeeding, hygiene and environmental sanitation

and the prevention of accidents.

Safe drinking water and sanitation are fundamental for children’s health. In

countries with high child mortality, diarrhea accounts for more deaths in children

under five than any other cause—more than pneumonia, malaria and HIV/AIDS

combined. Over 90 per cent of child mortality cases are related to contaminated

water and inadequate sanitation.

Lack of safe drinking water makes children more vulnerable to disease. Their

immune systems and detoxification mechanisms are not fully developed, so they are

often less able to respond to a water-related infection. Children also have less

body mass than adults. This means that waterborne chemicals may be dangerous

for a child at a concentration that is relatively harmless for an adult.

Brief overview of state obligations regarding the environmental aspects of the

child’s right to water and sanitation

Obligation to Respect

States must not prevent children from gaining access to natural sources and

sanitary facilities on which they depend for a clean water supply.

Obligation to Protect

States are required to pass and enforce laws to restrain non-state actors, e.g.

corporations from denying equal access to adequate water or from polluting and

inequitably extracting from water resources, including natural resources.

Obligation to Fulfill

States should, inter alia, adopt a sustainable water policy, ensuring that there is

sufficient and safe water for present and future generations. According to the

CESCR this may include:

a. Reducing depletion of water resources through unsustainable

extraction, diversion and damming;

b. Reducing and eliminating contamination of watersheds and water-

related eco-systems by substances such as radiation, harmful

chemicals and human excreta;

c. Monitoring water reserves;

d. Ensuring that proposed developments do not interfere with access to

adequate water;

e. Assessing the impacts of actions that may impinge upon water

availability and natural ecosystems watersheds, such as climate

changes, desertification and increased soil salinity, deforestation and

loss of biodiversity;

f. Increasing the efficient use of water by end users;

g. Reducing water wastage in its distribution;

h. Response mechanisms for emergency situations;

i. Provision of adequate water to educational institutions as a matter of

urgency;

j. Appropriate education concerning the hygienic use of water,

protection of water sources and methods to minimize water wastage.

 5
CHILDREN’S RIGHT TO HEALTH AND EDUCATION

Children’s Right to Health

Every year approximately 1.5 million children fall prey to diarrheal diseases, mostly

caused by impure water. Children’s health largely depends on a healthy

environment, e.g. access to safe, potable water and sanitation, and adequate food

and housing. The right to health is thus also the primary reference point for

environmental problems in the CRC.

Principles and premises for realizing children’s right to health

1. The indivisibility and interdependence of children’s rights

The Convention recognizes the interdependence and equal importance of all rights

(civil, political, economic, social and cultural) that enable all children to develop

their mental and physical abilities, personalities and talents to the fullest extent

possible. Not only is children’s right to health important in and of itself, but also

the realization of the right to health is indispensable for the enjoyment of all the

other rights in the Convention. Moreover, achieving children’s right to health is

dependent on the realization of many other rights outlined in the Convention.

2. Right to non-discrimination

In order to fully realize the right to health for all children, States parties have an

obligation to ensure that children’s health is not undermined as a result of

discrimination, which is a significant factor contributing to vulnerability. A number

of grounds on which discrimination is proscribed are outlined in article 2 of the

Convention, including the child’s, parent’s or legal guardian’s race, colour, sex,

language, religion, political or other opinion, national, ethnic or social origin,

property, disability, birth or other status. These also include sexual orientation,

gender identity and health status, for example HIV status and mental health.

Attention should also be given to any other forms of discrimination that might

undermine children’s health, and the implications of multiple forms of

discrimination should also be addressed. Gender-based discrimination is

particularly pervasive, affecting a wide range of outcomes, from female

infanticide/foeticide to discriminatory infant and young child feeding practices,

gender stereotyping and access to services. Attention should be given to the

differing needs of girls and boys, and the impact of gender-related social norms

and values on the health and development of boys and girls. Attention also needs to

be given to harmful gender-based practices and norms of behaviour that are

ingrained in traditions and customs and undermine the right to health of girls and

boys.

All policies and programmes affecting children’s health should be grounded in a

broad approach to gender equality that ensures young women’s full political

participation; social and economic empowerment; recognition of equal rights related

to sexual and reproductive health; and equal access to information, education,

justice and security, including the elimination of all forms of sexual and gender-

based violence. Children in disadvantaged situations and under-served areas should

be a focus of efforts to fulfil children’s right to health. States should identify

factors at national and subnational levels that create vulnerabilities for children or

that disadvantage certain groups of children. These factors should be addressed

when developing laws, regulations, policies, programmes and services for children’s

health, and work towards ensuring equity.

3. The best interests of the child

Article 3, paragraph 1, of the Convention places an obligation on public and private

social welfare institutions, courts of law, administrative authorities and legislative

bodies to ensure that the best interests of the child are assessed and taken as a

primary consideration in all actions affecting children. This principle must be

observed in all health-related decisions concerning individual children or children

as a group. Individual children’s best interests should be based on their physical,

emotional, social and educational needs, age, sex, relationship with parents and

caregivers, and their family and social background, and after having heard their

views according to article 12 of the Convention.

The Committee urges States to place children’s best interests at the centre of all

decisions affecting their health and development, including the allocation of

resources, and the development and implementation of policies and interventions

that affect the underlying determinants of their health. For example, the best

interests of the child should:

a) Guide treatment options, superseding economic considerations where

feasible.

b. Aid the resolution of conflict of interest between parents and health

workers.

c. Influence the development of policies to regulate actions that impede the

physical and social environments in which children live, grow and develop.

The Committee underscores the importance of the best interests of the child as a

basis for all decision-making with regard to providing, withholding or terminating

treatment for all children. States should develop procedures and criteria to
provide guidance to health workers for assessing the best interests of the child in

the area of health, in addition to other formal, binding processes that are in place

for determining the child’s best interests. The Committee in its general comment

No. 36 has underlined that adequate measures to address HIV/AIDS can be

undertaken only if the rights of children and adolescents are fully respected. The

child’s best interests should therefore guide the consideration of HIV/AIDS at all

levels of prevention, treatment, care and support.

In its general comment No. 4, the Committee underlined the best interests of the

child to have access to appropriate information on health issues. Special attention

must be given to certain categories of children, including children and adolescents

with psychosocial disabilities. Where hospitalization or placement in an institution

is being considered, this decision should be made in accordance with the principle

of the best interests of the child, with the primary understanding that it is in the

best interests of all children with disabilities to be cared for, as far as possible, in

the community in a family setting and preferably within their own family with the

necessary supports made available to the family and the child.

4. Right of the child to be heard

Article 12 highlights the importance of children’s participation, providing for

children to express their views and to have such views seriously taken into account,

according to age and maturity. This includes their views on all aspects of health

provisions, including, for example, what services are needed, how and where they

are best provided, barriers to accessing or using services, the quality of the

services and the attitudes of health professionals, how to strengthen children’s

capacities to take increasing levels of responsibility for their own health and
development, and how to involve them more effectively in the provision of services,

as peer educators. States are encouraged to conduct regular participatory

consultations, which are adapted to the age and maturity of the child, and research

with children, and to do this separately with their parents, in order to learn about

their health challenges, developmental needs and expectations as a contribution to

the design of effective interventions and health programmes.

Obligations and responsibilities

A. State parties’ obligations to respect, protect and fulfill

States have three types of obligations relating to human rights, including children’s

right to health: to respect freedoms and entitlements, to protect both freedoms

and entitlements from third parties or from social or environmental threats, and to

fulfill the entitlements through facilitation or direct provision. In accordance with

article 4 of the Convention, States parties shall fulfill the entitlements contained

in children’s right to health to the maximum extent of their available resources

and, where needed, within the framework of international cooperation.

All States, regardless of their level of development, are required to take

immediate action to implement these obligations as a matter of priority and

without discrimination of any kind. Where the available resources are

demonstrably inadequate, States are still required to undertake targeted measures

to move as expeditiously and effectively as possible towards the full realization of

children’s right to health. Irrespective of resources, States have the obligation

not to take any retrogressive steps that could hamper the enjoyment of children’s

right to health.
The core obligations, under children’s right to health, include:

a. Reviewing the national and sub-national legal and policy environment and,

where necessary, amending laws and policies;

b. Ensuring universal coverage of quality primary health services, including

prevention, health promotion, care and treatment services, and essential

drugs;

c. Providing an adequate response to the underlying determinants of children’s

health; and

d. Developing, implementing, monitoring and evaluating policies and budgeted

plans of actions that constitute a human rights-based approach to fulfilling

children’s right to health.

States should demonstrate their commitment to progressive fulfillment of all

obligations under article 24, prioritizing this even in the context of political or

economic crisis or emergency situations. This requires that children’s health and

related policies, programmes and services be planned, designed, financed and

implemented in a sustainable manner.

Children’s Right to Education

Since the Convention on the Rights of the Child came into force (1989) children’s

rights education has been become an integrated part of human rights education.

While the process of standard setting and institution building in the field of human

rights and children’s rights has made enormous progress, as well as the process of

developing attainments targets, educational concepts, and curricula in the field of

children’s rights education the research in this field is still in the developmental

stage. The Right to an Education is one of the most important principles in

becoming a Rights Respecting School. Education is a key social and cultural right

and plays an important role in reducing poverty and child labour. Furthermore,

education promotes democracy, peace, tolerance, development and economic

growth. There are a number of articles in the UN Convention on the Rights of the

Child that focus on a child’s right to education.

Articles 28 and 29 of the Convention on the Rights of the Child

Articles 28 and 29 of the Convention on the Rights of the Child focus respectively

on a child’s right to an education and on the quality and content of education.

Article 28 says that “State Parties recognize the right of children to education”

and “should take all appropriate measures to ensure that school discipline is

administered in a manner consistent with the child’s human dignity.” Article 29 of

the Convention focuses on the aims of education and says that governments agree

that “the education of the child shall be directed to:

1. The development of the child’s personality, talents and mental and physical

abilities to their fullest potential;

2. The development of respect for human rights and fundamental freedoms and

the principles enshrined in the Charter of the United Nations;

3. The development of respect for the child’s parents, his or her own cultural

identity, language and values, for the national values of the country in which

the child is living, the country from which he or she may originate and for

civilizations different from his or her own;

4. The preparation of the child for responsible life in a free society in the

spirit of understanding, peace, tolerance, equality of sexes and friendship

 among all peoples, ethnic, national and religious groups and persons of

indigenous origin;

5. The development of respect for the natural environment.”

The 1990 World Declaration on Education for All described education as consisting

of essential learning tools such as literacy, numeracy and problem solving combined

with knowledge, skills, values and attitudes required by human beings to survive,

develop potential, to improve the quality of their lives, to make informed decisions

and to continue learning.

General Comment on the aims of education

In 2001, the Committee on the Rights of the Child, the body of experts that

monitors the implementation of the Convention, published a paper (called a General

Comment) that explained and elaborated on the right to education.

The General Comment 1 on the aims of education provides a very clear overview of

what the right to education means in practice.

1. Education must be child-centred and empowering. This applies to the

curriculum as well as the educational processes, the pedagogical methods and

the environment where education takes place.

2. Education must be provided in a way that respects the inherent dignity of

the child and enables the child to express his or her views in accordance

with article 12 (1) and to participate in school life.

3. Education must respect the strict limits on discipline reflected in article 28

(2) and promote non-violence in school.

4. Education must include not only literacy and numeracy but also life skills

such as the ability to make well-balanced decisions; to resolve conflicts in a

non‑violent manner; and to develop a healthy lifestyle, good social

relationships and responsibility, critical thinking, creative talents, and other

abilities which give children the tools needed to pursue their options in life.
CHILDREN’S RIGHT TO LIFE, FREEDOM AND IDENTITY
6
Understanding children’s right to life

The right to life is a universally recognized right for all human beings. It is a

fundamental right which governs all other existing rights. In its absence, all other

fundamental rights have no reason to exist. For children, the right to life is the

chance to be able to live and have the possibility to grow, to develop and become

adults. This right comprises two essential aspects: the right to have one’s life

protected from birth and the right to be able to survive and develop appropriately.

The right to have one’s life protected from the moment of birth

The right to life, an essential right for all human beings. The right to life is an

inherent right for each and every person. From his or her birth, the individual is

considered a living being who must be protected. In effect, the human character

implies that the dignity of the person must be respected, something which

proceeds, above all, from the protection of one’s right to live. Thus, from birth, all

children have the right to have their life protected.

The right to life is the right not to be killed

The right to life means also the right not to be killed. It is the formal interdiction

against intentionally causing the death of a person. For children, this right implies,

on the one hand, that countries will not subject children to the death penalty, and

equally that countries will effectively protect the lives of children by actively

fighting against and condemning acts of infanticide.

The right of survival and of child development

The right of children to grow and suitably develop

The child’s right to life also proceeds through the necessity of assuring that

children have the possibility to grow and develop under favorable conditions. It is

then necessary for children to be able to benefit from appropriate healthcare, a

balanced diet, and a quality education, as well as being able to live in a healthy

environment. Countries’ role in promoting the survival and development of each

child. It is the role of countries, beyond the responsibility of parents, to ensure

that children have the possibility to develop in a healthy and normal fashion, under

all circumstances (peace, war, natural catastrophe. . .). They must guarantee a

protection that is suitable for all children, regardless of their social or ethnic

origins.

Convention Articles that Relate to this Right

Article 1

For the purposes of the present Convention, a child means every human being below

the age of eighteen years unless under the law applicable to the child, majority is

attained earlier.

Article 6

1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and

development of the child.

Understanding Children’s Right to Freedom

Freedom is a sacred and inalienable right that all human beings possess. It is the

power to act according to its will, while respecting the law and the rights of

others.

What are the freedoms of the children?

Personal and Collective liberties

1. Personal liberties: They correspond to the liberties that all individuals

possess. The most fundamental personal freedoms are the freedom of

speech, expression, movement, thought, consciousness, religion and the right

to a private life.

2. Collective liberties: They correspond to liberties for groups of people:

freedom of association, peaceful meeting, collective labor and the right to

strike.

Freedom of the children

Children have rights and liberties like adults. But children are more fragile and

vulnerable than adults. So, until they become adults, the liberties of children are

more restricted in order to ensure their security and well-being. Nevertheless,

they have liberties which it is important to respect. It concerns mainly liberties of

“citizenship”; the freedom of speech, expression and association, and “spiritual” or

“religious” liberties; the freedom of thought, consciousness and religion.

The rights to liberty of opinion, expression and association of the children

Children have the right, as do the adults, to have an opinion, to express it and to

meet in order to share their point of view.

Liberty of opinion

Children have the right to have an opinion different from their parents. While

taking into account their age, as well as their degree of maturity and discernment,

children have the right to have their opinion considered. States, communities and

parents have the duty to listen to the children and to consider their opinions when

the decisions concern them.

Liberty of expression

Every child has the right to express freely their opinion on all the questions which

concern his/her life. So a child should not be the victim of the pressure of an

adult, who would try to force him/her in order to influence them in their opinion or

who would prevent them from expressing themselves freely. The freedom of

expression for the children also involves their right to be informed. It is the right

of the children to know what happens and to access information which interests

them. Then children can comprehend current problems, inquire and build up their

own opinion on topical subjects.

Freedom of association

Like adults, children have the right to meet in order to consult and react on issues

which directly concern their rights and their well-being, but also on news headlines

which interest them.

The right of the children to liberty of thought, consciousness and religion

The children have the right, like the adults, to think freely and to adhere to the

values, convictions and the religion of their choice.

Freedom of thought

The freedom of thought is the right for every person to determine freely, in its

spirit, its conceptions and its intellectual and spontaneous representations. The
children are free to have thoughts which evolve and change according to their

degree of maturity and discernment.

Freedom of consciousness

The freedom of conscience is a freedom halfway between the liberties of thought,

opinion and the freedom of religion. This freedom, strictly connected to the ethical

and philosophical convictions of a person, is the assertion that all human beings

have a consciousness and a reason. So, the children are free to determine what will

be the principles which will guide their existence.

Convention Articles that Relate to this Right

Article 12

1. States Parties shall assure to the child who is capable of forming his or her

own views the right to express those views freely in all matters affecting

the child, the views of the child being given due weight in accordance with

the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to

be heard in any judicial and administrative proceedings affecting the child,

either directly, or through a representative or an appropriate body, in a

manner consistent with the procedural rules of national law.

Article 13

1. The child shall have the right to freedom of expression; this right

shall include freedom to seek, receive and impart information and ideas

of all kinds, regardless of frontiers, either orally, in writing or in print,

in the form of art, or through any other media of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but

these shall only be such as are provided by law and are necessary:

a. For respect of the rights or reputations of others; or

 b. For the protection of national security or of public order (ordre

public), or of public health or morals.

Article 14

1. States Parties shall respect the right of the child to freedom of thought,

conscience and religion.

2. States Parties shall respect the rights and duties of the parents and, when

applicable, legal guardians, to provide direction to the child in the exercise

of his or her right in a manner consistent with the evolving capacities of the

child.

3. Freedom to manifest one's religion or beliefs may be subject only to such

limitations as are prescribed by law and are necessary to protect public

safety, order, health or morals, or the fundamental rights and freedoms of

others.

Article 15

1. States Parties recognize the rights of the child to freedom of association

and to freedom of peaceful assembly.

2. No restrictions may be placed on the exercise of these rights other than

those imposed in conformity with the law and which are necessary in a

democratic society in the interests of national security or public safety,

public order (ordre public), the protection of public health or morals or the

protection of the rights and freedoms of others.

Article 17

States Parties recognize the important function performed by the mass media and

shall ensure that the child has access to information and material from a diversity

of national and international sources, especially those aimed at the promotion of

his or her social, spiritual and moral well-being and physical and mental health. To

this end, States Parties shall:

a. Encourage the mass media to disseminate information and material of

social and cultural benefit to the child and in accordance with the spirit

of article 29;

b. Encourage international co-operation in the production, exchange and

dissemination of such information and material from a diversity of

cultural, national and international sources;

c. Encourage the production and dissemination of children's books;

d. Encourage the mass media to have particular regard to the linguistic

needs of the child who belongs to a minority group or who is indigenous;

e. Encourage the development of appropriate guidelines for the protection

of the child from information and material injurious to his or her well-

being, bearing in mind the provisions of articles 13 and 18.

Understanding Children’s Right to Identity

From birth, each individual has the right to have an identity. The identity of an

individual is the assertion of his or her existence in a society. It is also a matter of

recognition of their individuality and what differentiates them from their peers.

The right for each child to have an identity

Having an identity is a fundamental human right which allows each individual the

ability to enjoy all of their rights. Identity encompasses the family name, the

surname, date of birth, gender and nationality of the individual. Through these

details, an individual will hold rights and obligations specific to their status (woman,

man, child, handicapped, refugee, etc.).

The right to a name and a surname

From birth, each individual has the right to have a name and a surname. Parents

have the duty to declare the name, the surname and date of birth of a new born to

authorities in charge.

By recording this birth, the State officially recognizes the existence of the child

and formalizes their status in the eyes of the law. In addition, through this name

and recording on the Registration of Births and Deaths, the child will be able to

establish filiations; it is to say links of blood relations linking him to his father and

mother.

Right to a nationality

From birth, the child also has the right to a nationality.

Nationality can be obtained in two different ways:

1. By blood: the child will have the same nationality as his parents.
2. By birth: The child will have the nationality of the territory on which he was
born, even if his parents have a different nationality.

Nationality is confirmed through the issuing of a birth certificate. It is an

important aspect of a person’s life, for it is an attribute of citizenship. Nationality

allows establishment of the affiliation for an individual to a nation.

Identity integrates any child into a society

Identity allows any child to benefit from essential social services

Recording the birth of a child and the attribution of their nationality provides

them with judicial capacities. This means that, just like any other individual, they

will be officially recognized as a member of society and will hold its rights and

obligations. Thus, they will be granted access to different services that they need
to construct their life and their future. Notably, they will be able to access

healthcare adapted to their age and health status. The child will be able to go to

school as well as integrating into a class of their level.

Identity provides a judicial protection adapted to each child

This identity will also allow them to benefit from judicial protection via their

parents and the State. They will then be able to benefit from minors’ protection

programs of the country that will especially protect them from several forms of

maltreatment and exploitation.

Furthermore, the delinquent child will benefit from the program of minors’

sentences, which is a program adapted to their age, their maturity and their

awareness. Thus, they will not face specific sentences, judged too cruel or

disproportionate for their age (for instance: the death penalty).

Conversely, a child without an identity will be invisible in eyes of society and will

not benefit from protection and social services essential to their development.

Convention Articles that Relate to this Right

Article 2

1. States Parties shall respect and ensure the rights set forth in the present

Convention to each child within their jurisdiction without discrimination of

any kind, irrespective of the child's or his or her parent's or legal guardian's

race, colour, sex, language, religion, political or other opinion, national, ethnic

or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is

protected against all forms of discrimination or punishment on the basis of

 the status, activities, expressed opinions, or beliefs of the child's parents,

legal guardians, or family members.

Article 7

1. The child shall be registered immediately after birth and shall have the

right from birth to a name, the right to acquire a nationality and. as far as

possible, the right to know and be cared for by his or her parents.

2. States Parties shall ensure the implementation of these rights in accordance

with their national law and their obligations under the relevant international

instruments in this field, in particular where the child would otherwise be

stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his

or her identity, including nationality, name and family relations as

recognized by law without unlawful interference.

2. Where a child is illegally deprived of some or all of the elements of his or

her identity, States Parties shall provide appropriate assistance and

protection, with a view to re-establishing speedily his or her identity.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of

indigenous origin exist, a child belonging to such a minority or who is indigenous

shall not be denied the right, in community with other members of his or her group,

to enjoy his or her own culture, to profess and practice his or her own religion, or

to use his or her own language.

 7
CHILDREN IN EMERGENCIES

What is Child Protection in Emergencies?

Child protection in emergencies (CPE) refers to all efforts to prevent and respond

to abuse, neglect, exploitation, and violence against children in the aftermath of a

disaster. It includes, as a first step, guaranteeing that children receive all the

necessary humanitarian assistance that is required for their safety and wellbeing.

CPiE prioritizes the fulfilment of certain rights for children in emergencies,

namely those that protect children against maltreatment and ensures their survival

and wellbeing. As duty-bearers, governments have the primary responsibility of

ensuring that children are protected at all times, especially during emergencies.

Local aid organizations, international organizations, communities, families and

parents all share the responsibility of caring for and protecting the child. The

primary obligation, however, lies with local authorities, which bear the

responsibility of making sure that services and assistance are available to children.

Emergencies are situations or events that threaten the health, safety, security, or

wellbeing of a community and especially of children. They demand immediate and

urgent action, especially during the first few hours of a disaster. Emergencies

often escalate into full-fledged humanitarian situations if we do not respond to

them in a timely and effective manner. They can be caused by either natural or

man-made hazards. In the case of the Pacific region, tsunamis, cyclones,

earthquakes, floods, and other natural hazards are the primary cause of

emergencies.
CPiE is an area of critical concern for many reasons. Children are a very vulnerable

group. Their dependence on adults and their need for care make them even more

vulnerable. In emergencies, so many factors increase a child’s vulnerability.

Displacement, separation from family and community, losing a parent or a loved one,

and losing home and possessions are all factors that can endanger a child’s life. The

lack of safety and security, and reliance on humanitarian assistance also means

they become exposed to violence, exploitation, abuse and other injustices. In

general, weakened child protection services, including security, justice, and social

services in an emergency can result in an environment rife with violations against

children.Assisting children in the context of an emergency has to be done through

careful interventions, which address both their immediate needs and protects

them from long-term harm. CPiE is a multi-sectoral area of work involving many

actors, as such we all need to be prepared to act, and equipped with the necessary

resources that enable us to provide an effective and a well-rounded response.

Child Protection Risks

1. Unintentional Injuries

In the aftermath of an emergency, large numbers of children suffer because of

accidents. In natural disasters, children can experience drowning, falling, and

severe burns. If not treated promptly, injuries can lead to permanent disability and

sometimes death. Physical injuries can be easier to detect as they are visible, but

some types of injuries can be hidden, like head injuries or internal bleeding.

Professional medical staff can easily detect hidden injuries, so it is very important

to provide medical attention immediately to a child after an accident.

2. Displacement

Displacement is one of the most common consequences of emergencies. Families

often find themselves having to leave their homes and relocate to safer places to

avoid danger. The lives of internally displaced children and their access to services

(health, education, safety, and security) are disrupted as they relocate to other

areas. They become vulnerable, more targeted and exposed to violence,

exploitation, abuse, and neglect. Special measures are always required to protect

children from the devastating effects of displacement. Avoiding displacement is a

necessary first step, and we should gear all our efforts towards this goal.

We must avoid relocation at all costs if dangers are no longer imminent. Victims

should be able to stay in their homes while they receive relief assistance. That way

vulnerable families can have the chance to return to their normal lives as services

around them resume. In the event that relocation is an absolute necessity, we must

make sure that it is a voluntary process and no one leaves against his or her will.

We must guarantee victims’ legal rights to return, and to their land and property at

all times, especially during emergencies. Victims should never lose ownership,

access, or full control of their land or property because of damages or dangers.

Evacuation centres must be set-up immediately to shelter victims, and they have to

be equipped with special services for children. Once the emergency starts coming

to an end, permanent services should be restored so that communities can return

to their homes and pre-emergency routine.

3. Family Separation

In emergencies, many children are involuntarily separated from their families, and

it becomes one of the most distressing events in a child’s life. We consider

separated children to be those separated from both parents, but not necessarily

from other relatives. Unaccompanied children (or unaccompanied minors) are those

separated from both parents and other relatives and not cared for by an adult.

Orphans are children whose parents, or at least one parent, is known to be dead.

The longer a child is separated from her or his family, the more difficult it is to

reunite them, and the more vulnerable a child becomes to violence, abuse, and

exploitation. Child protection efforts in emergencies focus significantly on

reuniting separated and unaccompanied children with their families. Tracing and

reunification programmes must be set-up immediately, in the interim, children

should be placed in community-based care. In case the child is not able to unite

with his or her family, long-term stable care arrangements must be guaranteed for

the child. Permanent arrangements however, such as adoptions, should be

postponed entirely until all reunification efforts have been exhausted, and a

significant amount of time has passed giving parents a chance to return.

4. Physical Abuse and Violence

Emergencies are a time when children become very susceptible to physical abuse

and violence. Physical abuse is the non-accidental physical injury of a child, which

causes him/her bruises, fractures, or severe physical damage. It includes actions

such as punching, beating, cutting, kicking, shaking, throwing, stabbing, choking,

hitting, burning, assaulting, or wounding a child. So many factors can lead to abuse

and violence against children, including pressures and stress that emergencies

often place on parents. Adults may resort to alcohol or drugs as a way to cope with

an emergency, consequently subjecting their children to corporal punishment or

domestic abuse. In addition, lack of security in evacuation centres for example can
lead to other forms of physical violence including torture, rape, abduction, and

killing by strangers or organized criminal groups.

It is important to recognize the signs and symptoms of physical abuse and violence.

In some cases, the child may directly report abuse by a parent or caregiver; they

might share it with friends or disclose it to a teacher or social worker. Children in

most cases are not aware of the criminality of these acts, so it is the responsibility

of the childcare worker to identify and recognize the signs and help the child

address them. Parents’ attitudes and behaviors can be a good indicator; abusive

parents sometimes exhibit harsh treatment towards children.

They may pull or push a child, or be forceful with them. Alternatively, they may

complain too much about a child, call them names, or describe them in negative

terms like cursed, evil, dumb, useless, or worthless. If a child is ever in this

situation, it could mean that they are at risk of abuse or violence.

5. Sexual Abuse and Violence

Lack of security and the chaos that ensues a disaster increases the risk of sexual

abuse and violence against children. Sexual violence has various legal definitions,

most of them include all forms of rape, demanding sex in return for favors, sexual

abuse of a disabled child, as well as activities related to child trafficking,

prostitution and pornography. Sexual abuse is any attempt to entice, persuade,

coerce, or engage a child in sexual activity. Examples include acts of indecent

exposure, any touching in a sexual way, intentionally exposing the child to sexual

acts, intercourse, and penetration, engaging the child in any form of prostitution or

pornographic activities.
Recognizing the signs of sexual abuse can be challenging. Changes in behavior are a

good indicator; a child may exhibit too much knowledge of sexual behavior, or

become socially secluded and isolated from other children. They may exhibit signs

of anxiety or fear of a particular person or activity. If the child is exposed to

sexual violence then physical signs may show, like the inability to sit or walk

properly. Babies and younger children might experience nightmares or bedwetting.

There are also more serious signs like pregnancy and sexually transmitted diseases

for older children. Some groups who are more at risk include girls perceived to be

of a lower social status, separated children, and children with disabilities. Older

child victims of sexual abuse might resort to alcohol and substance abuse, and they

often run away from home if the parent is an abuser. They may suffer from

depression, be sad and cry easily, and some more serious cases may attempt

suicide.

6. Emotional and Psychosocial Distress

Emergencies pose a tremendous threat to a child’s mental health and wellbeing.

Witnessing destruction, leaving home, separating from family, and losing a parent

or a loved one can traumatize a child. Trauma is a condition that happens to a

person when they become overwhelmed by their emotions and are unable to process

them. If not treated effectively, traumas can lead to more serious mental health

disorders, like post-traumatic stress disorder, anxiety disorder, depression and

other conditions. Interventions for victims of disasters happen on so many levels.

Medical practitioners focus on psychiatric and clinical interventions, like

psychotherapy and specialized counselling, while emergency mental health care

focuses on providing adequate psychosocial support (PSS).

Psychosocial support workers use special approaches when dealing with children in

emergencies like art therapy, play therapy, music therapy, and dance/movement

therapy. In protection and humanitarian aid, we have to ensure both access to

mental health services as well as psychosocial support to the victims. Psychosocial

support (PSS) is a term exclusively used in reference to victims of disaster. PSS is

a type of intervention that strengthens the resilience of victims, and ensures they

receive the necessary support from their social surroundings. It surrounds victims

with care from family, friends, and peers, and ensures they have access to the

knowledge and services they need to deal with trauma, take charge of their own

recovery, and resume normal life.

Symptoms of trauma and mental distress are very challenging and can be very

subtle. Some children become fearful and anxious, which can translate into

becoming clingy, irritable, or sulky, among other behaviors that can indicate there

is a more serious problem. Some may experience difficulty concentrating, getting

flashbacks, reliving the event, or feeling very angry, sad, and hopeless. Older

children might experience a shift in religious opinion for example, pondering deeper

existential questions and showing signs of despair. They may resort to alcohol or

drugs, and in some cases may have suicidal thoughts. Some exhibit physical

symptoms like loss of appetite, rapid heartbeat, rapid breathing, feeling chocked,

difficulty sleeping, gastric problems, and stomach pain.

7. Gender-Based Violence

Gender-based violence (GBV) is very commonplace in emergencies. It refers to acts

that are systematic and harmful against a woman, a girl, or a child or adult person

because of their gender. Domestic violence, sexual harassment, rape, female

genital mutilation, forced marriage, honor crimes, human trafficking, forced

prostitution, and forced abortion are all examples of GBV and are all very prevalent

in emergencies. GBV increases in emergencies because of displacement and loss of

livelihood among other factors. Very common in these circumstances is violence,

abuse, and discrimination against women and girls in humanitarian services and

designing aid programs.

Survivors of GBV suffer from deep psychological trauma, and experience

depression, terror, guilt, shame, and low self-esteem. Additionally, there is huge

stigma associated with GBV and some survivors commit suicide rather than bear

the burden of shame. Victims are unlikely to report incidents of GBV out of fear of

more abuse; consequently, they do not receive the necessary support services they

need. Very often, cases are only discovered when physical symptoms show, like

bruises, pregnancy, disease, or other visible clear signs. Most forms of GBV are

hidden and require investigating and probing into the deeper fabric of social

relations.

8. child labour

Emergencies are a period when children become especially vulnerable to the worst

forms of child labour (WFCL). Losing possessions, shelters, and the family

breadwinner in some cases forces children into economic roles they are not

prepared for and can expose them to exploitation and abuse. Child labour is work

that deprives children of their childhood, their potential, and dignity. It is work

that is harmful to their physical and mental development because it is physically,

socially, mentally, and morally dangerous to them. It deprives them of the

opportunity to attend school, and/or requires them to combine school attendance

with long and heavy work. Different forms of child labour in emergencies include

slavery and slavery-like practices, such as sexual trafficking, or illicit activities

like drug trafficking. The WFCL includes forced or bonded labour, sexual

exploitation, and illicit work.

 8
WAR TRAUMA & PSYCHOSOCIAL EFFECTS OF WAR

Impact of war on children

War affects children in all the ways it affects adults, but also in different ways.

First, children are dependent on the care, empathy, and attention of adults who

love them. Their attachments are frequently disrupted in times of war, due to the

loss of parents, extreme preoccupation of parents in protecting and finding

subsistence for the family, and emotional unavailability of depressed or distracted

parents. The child may be in substitute care with someone who cares for him or

her only slightly – relatives or an orphanage. A certain proportion of war-affected

children lose all adult protection – “unaccompanied children,” as they are known in

refugee situations. Second, impacts in childhood may adversely affect the life

trajectory of children far more than adults. Consider children who lose the

opportunity for education during war, children who are forced to move into refugee

or displaced person camps, where they wait for years in miserable circumstances

for normal life to resume, if it ever does. Consider a child disabled in war; they

may, in addition to loss of a limb, sight, or cognitive capacity, lose the opportunity

of schooling and of a social life. A girl who is raped may be marginalized by her

society and lose the opportunity for marriage. Long after the war has ended, these

lives will never attain the potential they had before the impact of war.

Child Victims of Armed Conflicts

During the last 10 years, around 10 million children are estimated to have been

killed as a result of war. The situations resulting from armed conflicts affect

primarily children because of their vulnerability, and do so in many different ways.

Often alone and helpless because of the reigning chaos, some become child
soldiers, others are forced into exploitation. The fundamental rights of these

children are shamelessly flouted for the benefit of barbarous and cruel acts. Many

of them remain deeply traumatized, wounded, or even disabled.

Categories of Child war victims

Armed conflicts create and inflict a great deal of suffering on populations. Often,

children are the primary victims. Their situation can be classified into the following

different categories:

1. Civilian victims: During armed conflicts, it often happens that schools or

even hospitals are targets of armed forces. Because of this, civilians in

these places become victims of these attacks through no fault of their own.

It should also be noted that after the end of a conflict, antipersonnel mines,

cluster bombs, or other explosive remnants of war are instruments of death

that continue to strike civilians. As a result of all these conflicts, many

people, most particularly children, die each year.

2. Child Soldiers: A child soldier is defined as any person less than eighteen

years old who is a member of armed governmental forces or of a regular or

irregular armed group or associated with these forces, whether or not there

is an armed conflict.

3. Displaced Children: During armed conflicts, a large number of children find

themselves separated from their parents or those who have them in their

care. There exist different categories for displaced children. Children may

lose their community and its culture during war, sometimes having it

reconstituted in refugee or Diaspora situations.

 4. Psychological suffering: Children are exposed to situations of terror and

horror during war – experiences that may leave enduring impacts in

posttraumatic stress disorder. Severe losses and disruptions in their lives

lead to high rates of depression and anxiety in war-affected children. These

impacts may be prolonged by exposures to further privations and violence in

refugee situations.

5. Orphans: Because of war, many children find themselves orphans after the

death of their parents.

6. Wounded or Handicapped Children: Because of war, children are wounded,

mutilated, or become handicapped as a result of the atrocities that they

have had to live through.

7. Imprisoned Children: In times of conflict, children are frequently

imprisoned. The reasons for this imprisonment are diverse, but in most

cases, it results from the association of the children with the armed forces

of a State.

8. Exploited Children (sexual exploitation or even forced labor): Often

children are victims of sexual abuse. Most of the time, sexual violence

increases considerably during times of conflict. Children are also subjected

to forced labor and participate in hostilities through no fault of their own.

Consequences of war on children

“At least two million children have died in the last 10 years as a result of wars

started by adults, whether they were civilian targets or whether they were killed

in combat as child soldiers. The number of children wounded or disabled is three

times larger, and there are even more suffering from sicknesses, malnutrition,

sexual violence, and the hardships of flight. Countless children have been
confronted with the anguish of losing their home, their belongings, and those close

to them. In such conditions, practically all the necessary constants for child

development are seriously disrupted, and the psychological damages of armed

conflicts are incalculable.”

Direct consequences

In spite of the fact that wars also affect adults, children are unfortunately too

often the direct but powerless victims of the horrors committed against their

family.

In each conflict, numerous children are killed, wounded, or even exploited. Others

are imprisoned, forced to leave their country to survive, or join the armed forces

becoming “child soldiers”. Many find themselves orphans with no protection. Other

consequences can be added to this list. Confronting the horrors of war, children

are subjected to profound emotional trauma which marks and changes them

forever. These moral wounds are difficult to heal and have serious repercussions

on their future life.

These children, unable to grow up in an atmosphere of trust and having had to face

atrocities from a very young age, often develop the conviction that violence is a

way like any other to solve disputes, and so it is difficult for them to send a

message of peace and international security to future generations.

Indirect consequences

Children are also affected by war in a more indirect way. Armed conflicts also

result in the destruction of infrastructure and basic services (hospitals, schools),

which prevents children from having access to education and care. Most of the

time, children find themselves without protection.

Why are Children Increasingly Harmed By Conflict?

1. Increase in urban warfare and use of explosive weapons in populated areas

Recent years have seen an increasing trend toward warfare in towns and cities,

with civilian streets and homes becoming battlefields. Rapid urbanization means

conflicts are often fought in densely populated areas, with an estimated 50 million

people currently suffering the effects of urban warfare. The direction of travel is

clear; only 30 percent of the world’s population lived in cities in 1950, a figure that

rose to 54 percent in 2014 and is projected to rise to 66 percent by 2050.

The use of explosive weapons in populated areas – a tactic we see used widely in

Syria, Iraq and Yemen today – has a terrible impact on children. We see an

increasing trend in civilian casualties as a result of the use of these weapons –

between 2011 and 2016 UK-based NGO

Action on Armed Violence recorded an almost 48 percent rise in civilian deaths and

injuries around the world as a result of explosive violence. According to some

estimates, when explosive weapons are used in populated areas like towns and

cities, 92 percent of the deaths and injuries are civilians, compared to 34 percent

when these are used in other areas.

These weapons range from artillery and air-dropped weapons to ‘improvised

explosive devices’ (IEDs), the latter of which were responsible for 46 percent of

civilian casualties in 2016 and were used almost exclusively by armed non-state

actors. The wide area effect of such weapons tends to be a result of the
substantial blast and fragmentation radius from a large explosive content, and the

inaccuracy of delivery or the use of multiple warheads.

Children are particularly at risk from the impact of these weapons –

epidemiological studies43 demonstrate that penetrating injuries (e.g. from

shrapnel) to the face, head, neck, upper limb and trunk affect 80 percent of child

patients, markedly higher than the 31 percent in adults.

Explosive weapons with a wide-area effect also inflict significant damage on vital

infrastructure in urban areas, including schools, hospitals and water and electricity

networks.

As well as killing and injuring them, explosive weapons are denying children access

to healthcare and education and ruining their futures. The findings from Save the

Children’s report on the conflict in Syria – Invisible Wounds – showed that 84% of

adults and almost all children believe ongoing bombing and shelling is the number

one cause of psychological stress in children’s daily lives. Children left with

disabilities and affected by mental health and psychosocial (MHPSS) issues are

often vulnerable to exploitation and abuse and less able to contribute economically

to their communities.

2. Conflict intensity and duration

When there are more warring parties or when a conflict is internationalized, the

level of competition between actors is higher and the chance of being held to

account is lower, leading to a ‘race to the bottom’ where all sides engage in

increasingly brutal actions. Where combatants rely on support from foreign

sponsors, conflicts are potentially extended by the war-chests of their external

backers and groups or forces are not as accountable to the local populations. They
are therefore incentivized to use collective violence and terror to pacify them;

children are easy targets in this context – vulnerable, obedient and easy to

manipulate.

The longer a conflict goes on, the more chance there is of legal, economic and

social orders collapsing and the numbers of groups fighting proliferating, which

also raises the likelihood of negative behaviour by warring parties. The data

demonstrates that certain grave violations tend to trend together, particularly use

of child soldiers and sexual violence.

There are a number of ongoing events that fit the description – Afghanistan,

Syria, DRC and South Sudan, for example, all involve many actors, reports of sexual

violence against children and child soldier use, and large death tolls. Action must be

taken at a much earlier stage to stop conflicts getting to this point and address

grave violations against children at the start, to stop the egregious crimes set out

in this report becoming the ‘new norm’ in that context. There is a question over

whether this is a trend that is worsening – do conflicts today last longer compared

to previous years? The UN Secretary General has said recently that they are – in a

Security Council meeting in December 2017 he said: “the number of armed

conflicts has declined over the long-term, but in the Middle East and parts of

Africa, conflicts have surged. Conflicts are becoming more intractable. They are

longer – more than 20 years on average – meaning that the people they displace are

spending ever increasing amounts of time away from their homes and communities.

The Protections of International law

In international humanitarian law, a child is protected not only in a general way as a

person not participating in hostilities, but also benefits from a special protection
by reason of the quality of being particularly vulnerable. A child who participates in

hostilities is equally protected as well.

General Protections

The Geneva Convention relating to the protection of individual civilians in times of

war (art 27 to 34): the fundamental guarantees granted by these texts, such as

the right to the respect of life, physical and moral integrity, the ban of forced

bodily services, torture, collective punishment, and reprisals are applicable to

children.

A child has the right to these protections both in cases of armed international

conflict or in its absence, in reason of principle of the 2nd additional protocol,

according to which “neither the civilian population neither individual civilians shall

be the object of attack”

Specific Protections

First additional protocol relating to the conduct of hostilities: this sets out the

principle of special protection intended for children, according to which “children

shall be the object of a special respect and shall be protected against any form of

indecent assault (art 77). The Parties to the conflict shall provide them with the

care and aid they require, whether because of their age or for any other reason.”

This principle also applies to cases of non-international armed conflict. This

protocol compels States to take all possible measures in order to prevent children

less than 15 years old from directly taking part in hostilities. It forbids their

recruitment into armed forces.

“More than 25 articles of the Geneva Conventions and their additional protocols

specifically concern children. They include rules on death penalty, access to food

and medical care, education in conflict zones, detention, separation from family and

participation to hostilities. The rights guaranteed by the Convention on the Rights

of the Child, almost universally ratified, are applicable during armed conflicts”.

Fig 8.1 – children in war zone

MENTAL HEALTH & PSYCHOSOCIAL SUPPORT (MHPS)
9
Mental health and psychosocial support [MHPSS] activities are now an integral part

of any humanitarian response, and as such are recognized as requirements of

humanitarian response across a range of contexts and scenarios. For example, in

humanitarian emergencies over recent years, including the 2010 earthquake in

Haiti, displacement from Libya in 2011, and the on-going humanitarian crisis in

Syria, the mental health and psychosocial impacts of conflict, disaster and

displacement have been widely recognized, and the provision of a range of

interventions to support individuals and communities in dealing with the impacts of

conflict and disaster have occurred in the early stages of humanitarian response.

As well, in situations of protracted displacement, mental health and psychosocial

activities are increasingly recognized as vital interventions to assist communities in

drawing on and building resilience to cope with stress associated with long-term

displacement.

Mental health and psychosocial problems may affect functioning in a variety of

ways – for example, an individual experiencing symptoms of depression such as

lethargy, sleeplessness and loneliness may be less likely to take part in community

activities, or a mother feeling frustrated, anxious and hopeless may be less likely

to be able to perform important care practices for her child. Efforts to promote

self-reliance and livelihoods may be undermined if individuals and families are less

likely to engage in such activities due to unmet mental health and psychosocial

needs. Therefore, it is evident that symptoms of mental health and psychosocial

problems can significantly impact individual, family and communal well-being. Armed
conflicts and natural disasters cause significant psychological and social suffering

to affected populations. The psychological and social impacts of emergencies may

be acute in the short term, but they can also undermine the long-term mental

health and psychosocial well-being of the affected population. These impacts may

threaten peace, human rights and development. One of the priorities in

emergencies is thus to protect and improve people’s mental health and psychosocial

well-being. Achieving this priority requires coordinated action among all

government and nongovernment humanitarian actors.

Moreover, there is considerable overlap between protection, and mental health and

psychosocial issues. Within the field of actors engaged with MHPSS activities,

UNHCR is uniquely situated as an operational agency with primary responsibility for

protection. Within core UNHCR policies, such as Age, Gender and Diversity

mainstreaming [AGDM], protection is defined as including “physical security and

restoration of human dignity,” entailing “supporting communities to rebuild their

social structures, realize their rights and find durable solutions,” and constituted

by “material, social, economic, political and legal dimensions.” As such, provision of

services to achieve mental and psychosocial well-being is a core protection activity.

Moreover, in cases with protection concerns, such as sexual or gender-based

violence [SGBV] or child abuse, individuals may have specific psychosocial needs

that emerge from protection concerns. Protection activities – for example, family

tracing for unaccompanied children – are undoubtedly linked with psychosocial

outcomes. MHPSS activities are a way to prevent protection risks and promote

community support for vulnerable individuals at risk

Definitions of Mental Health, Psychosocial and MHPSS

Mental health: a state of well-being in which an individual realizes his or her own

abilities, can cope with the normal stresses of life, can work productively and is

able to make a contribution to his or her community. In this positive sense, mental

health is the foundation for individual wellbeing and the effective functioning of a

community.

Psychosocial: The term psychosocial is often used in the field of humanitarian

response to “emphasize the close connection between psychological aspects of

experience and wider social aspects of experience, inclusive of human capacity,

social ecology, and culture and values.” Psychosocial interventions are designed to

address the psychological effects of conflict, including the effects on behavior,

emotion, thoughts, memory and functioning, and social effects, including changes in

relationships, social support and economic status.

MHPS: Any type of local or outside support that aims to protect or promote

psychosocial wellbeing and/ or prevent or treat mental disorder. Mental health and

psychosocial support (MHPSS) is a composite term used in these guidelines to

describe any type of local or outside support that aims to protect or promote

psychosocial well-being and/or prevent or treat mental disorder.

Mental health and psychosocial support

The field of MHPSS is broad and often complex, because its areas of policy and

programs are highly diverse. First, the field of MHPSS is concerned with

individuals who suffer from social, psychological and psychiatric problems that pre-

exist conflict and displacement, including for example, individuals already suffering

from schizophrenia who are displaced. Second, the field is concerned with
individuals who experience social, psychological and psychiatric problems induced

by emergencies, for example, loss of family members, lack of access to basic

services, and symptoms of mental disorders caused by emergency-related

traumatic events. Some of these concerns may include anxiety about the future,

because the provision of humanitarian assistance, which can enhance and promote

mental health and psychosocial well-being, or, be delivered and provided in such a

way that it undermines well-being and negatively impacts individual and communal

coping mechanisms. These concerns may be on-going in a protracted situation,

leading to hopelessness and despair about the future.

What does psychosocial mean?

The term psychosocial indicates an approach that accounts for two types of inter-

related effects of conflict and displacement: “psychological effects” – defined as

those that “affect different levels of functioning including cognitive (perceptions

and memory as a basis for thoughts and learning), affective (emotions), and

behavior,” and “social effects,” including altered relationships, family and

community networks, and economic status. According to the IASC, “the term

psychosocial denotes the inter-connection between psychological and social

processes and the fact that each continually interacts with and influences the

other.” Terre des Hommes describes psychosocial work as “dealing with the well-

being of individuals in relation to their environment,” reflecting the principles

underlying psychosocial work: a recognition of the multi-layered impacts of conflict

and the need to address the contextual influences on individuals’ and communities’

well-being and functioning. The psychosocial framework is described by UNICEF as

one that works towards “reinforcing well-being, dignity and resiliency” of

individuals and communities.

Throughout the history of the field of MHPSS, the meaning of the term

psychosocial has been contested. As psychosocial experts Ager, Strang, and

Wessells pointed out, the term psychosocial has been used in three distinct ways:

1. As a synonym with mental health (often to avoid using potentially

stigmatizing language.

2. To “describe a wide and diverse range of programs involving recreational,

cultural, informal and sometimes formal, educational activities”; and,

3. To describe approaches that aim towards “enhancing the capacity of a

community or individual to engage with their circumstances, and more

effectively identify and mobilize resources.”

It is often the case that the list of interventions considered as “psychosocial” is

long, and includes a broad range of approaches and different forms of engaging

with individuals and communities. Yet, experts and practitioners interviewed in the

course of this review believe that the IASC Guidelines has helped to establish a

framework of best practice interventions. While recognizing that there is

continued debate as to what constitutes a psychosocial intervention, there is now

improved consensus around the core principles of the field and efforts to provide

interventions following these principles.

In interviews conducted for this review with staff from other humanitarian

agencies and actors in the MHPSS field, it was evident that, in order to increase

understanding of and support for psychosocial activities, significant policy

development, strategic thinking and concerted activities have been required. Some

organizations have worked to define psychosocial activities specifically in relation

to their mandate – for example, child protection or health programs – and have
conducted organization-wide training in order to promote adoption of psychosocial

principles within core programs. Others discussed the role of research and policy

guidelines in promoting psychosocial work within their agencies, discussing ways in

which they integrate research and evidence on best practices within activities, for

example, promoting early childhood development programs within nutrition support

activities.

MHPSS activities are a relatively new and emerging field within the broader field

of humanitarian response. Therefore, agencies have found that defining, adopting

and integrating the psychosocial approach within core activities has required

significant investment in improving understanding and skills associated with

psychosocial approaches. It is evident that promoting understanding and support

for the psychosocial approach is a challenge for many organizations.

Multi-layered supports In emergencies, people are affected in different ways and

require different kinds of supports. A key to organizing mental health and

psychosocial support is to develop a layered system of complementary supports

that meets the needs of different groups. This may be illustrated by a pyramid

(see Figure 9.1). All layers of the pyramid are important and should ideally be

implemented concurrently.
 Fig; 9.1 - pyramid of differ kinds support

Level 1: Social considerations in basic services and security:

This level encompasses core humanitarian actions designed to meet basic physical

needs, including food, shelter, water and health care, and security needs.

Responses at this level should integrate social and cultural considerations into

these services, including activities that protect local people’s dignity, strengthen

local social supports and mobilise community networks. Inclusion of this level in the

Guidelines indicates recognition that modes of delivery of key humanitarian

services have significant implications for mental health and psychosocial well-being

of affected persons in a humanitarian context. Example: UNHCR incorporates

social considerations into planning of appropriate shelter and site planning, for

example, ensuring communal space and safe layout to prevent protection risks.
Level 2: Community and family supports:

This level is for the smaller number of people who may need support accessing key

community and family supports in order to maintain good mental health and

psychosocial well-being. Examples of activities at this level are: family tracing and

reunification, assisted mourning and communal healing ceremonies, supportive

parenting programs, formal and non-formal educational activities, livelihood

activities, women’s groups and youth clubs. Example: UNHCR Nepal has supported

Youth Friendly Centres in refugee camps for Bhutanese youth between 18-25,

providing space for educational and social activities, as well as establishing a

Mentor-Mentee system for youth to reach out to vulnerable youth in the

community.

Level 3: Focused, Non-Specialized Supports:

This level is directed at the still smaller group of people who require additional

support, whether individual, family or group interventions, for example, social and

livelihood programs for survivors of SGBV. This level of support is delivered by

trained and supervised workers, and includes psychological first aid [PFA] and basic

mental health care in primary health care settings. Example: UNHCR Yemen

supports screening, assessment and treatment of refugees in primary health care

settings, including referrals for psychosocial support, counseling, or psychiatric

treatment if needed.

Level 4: Specialized Services:

This level is directed at the small percentage of the population for whom mental

health and psychosocial issues impair daily functioning and cause significant

suffering. This includes psychological and psychiatric support for segment of the
population who have severe mental disorders, such as referral to specialized

services where possible. Example: UNHCR Ethiopia sends psychiatrists on regular

visits to refugee camps, to support training, review medication, and for direct

consultation on cases of severe mental illness.

The levels of the Intervention Pyramid also demonstrate Πthe distinction

between a MHPSS approach and a MHPSS intervention, • the necessity of both

approaches and interventions in order to comprehensively meet MHPSS needs

across levels of severity of symptoms and disorders, and the potential for

approaches and interventions to the mutually reinforcing. For example, where social

considerations are taken into account in site and shelter planning (a Level 1

intervention), presence of communal safe spaces and culturally appropriate shelter

can reinforce Level 2 interventions addressing social isolation through

establishment of support groups for individuals with specific vulnerabilities, while a

Level 3 intervention focusing on addressing maternal depression may be reinforced

by a nutrition intervention at Level 1, addressing malnutrition of infants while

simultaneously encouraging infant stimulation through mothers’ groups.

 SEXUAL AND GENDER-BASED VIOLENCE (SGBV)
10
OVERVIEW OF SEXUAL AND GENDER-BASED VIOLENCE

Sexual and gender-based violence is a violation of human rights. This kind of

violence perpetuates the stereotyping of gender roles that denies human dignity of

the individual and stymies human development. The overwhelming majority of the

victims/survivors of sexual and gender-based violence are women and girls.

Sexual and gender-based violence includes much more than sexual assault and rape.

Although it may occur in public contexts, it is largely rooted in individual attitudes

that condone violence within the family, the community and the State. The root

causes and consequences of sexual and gender-based violence must be understood

before appropriate programmes to prevent and respond to this violence can be

planned.

What is Sexual and Gender-Based Violence?

Sexual violence, gender-based violence and violence against women are terms that

are commonly used interchangeably. All these terms refer to violations of

fundamental human rights that perpetuate sex-stereotyped roles that deny human

dignity and the self-determination of the individual and hamper human

development. They refer to physical, sexual and psychological harm that reinforces

female subordination and perpetuates male power and control.

The term gender-based violence is used to distinguish common violence from

violence that targets individuals or groups of individuals on the basis of their

gender. Gender-based violence has been defined by the CEDAW Committee as

violence that is directed at a person on the basis of gender or sex. It includes acts

that inflict physical, mental or sexual harm or suffering, threat of such acts,

coercion and other deprivations of liberty.

The term violence against women refers to any act of gender-based violence that

results in, or is likely to result in, physical, sexual and psychological harm to women

and girls, whether occurring in private or in public. Violence against women is a

form of gender-based violence and includes sexual violence.

Sexual violence, including exploitation and abuse, refers to any act, attempt or

threat of a sexual nature that results, or is likely to result, in physical,

psychological and emotional harm. Sexual violence is a form of gender-based

violence.

UNHCR employs an inclusive conception of sexual and gender-based violence that

recognizes that, although the majority of victims/survivors are women and

children, boys and men are also targets of sexual and gender-based violence.

Sexual and gender-based violence is largely rooted in unequal power relations.

These perpetuate and condone violence within the family, the community and the

State. The distinction made between public and private spheres should not serve

as an excuse for not addressing domestic violence as a form of SGBV. The

exclusion of women and girls from the public arena only increases their

vulnerability to violence within the family. Domestic violence reinforces gender-

based discrimination and keeps women subordinate to men.

Defining Key Concepts

Sexual and gender-based violence includes much more than sexual assault and rape.

To understand its root causes and consequences, it is essential to define and

distinguish between the terms gender and sex.

The term sex refers to the biological characteristics of males and females. These

characteristics are congenital and their differences are limited to physiological

reproductive functions.

Gender is the term used to denote the social characteristics assigned to men and

women. These social characteristics are constructed on the basis of different

factors, such as age, religion, national, ethnic and social origin. They differ both

within and between cultures and define identities, status, roles, responsibilities

and power relations among the members of any society or culture. Gender is

learned through socialization. It is not static or innate, but evolves to respond to

changes in the social, political and cultural environment.

Violence is a means of control and oppression that can include emotional, social or

economic force, coercion or pressure, as well as physical harm. It can be overt, in

the form of a physical assault or threatening someone with a weapon; it can also be

covert, in the form of intimidation, threats, persecution, deception or other forms

of psychological or social pressure. The person targeted by this kind of violence is

compelled to behave as expected or to act against her will out of fear.

An incident of violence is an act or a series of harmful acts by a perpetrator or a

group of perpetrators against a person or a group of individuals. It may involve

multiple types and repeated acts of violence over a period of time, with variable

durations. It can take minutes, hours, days or a lifetime.

Abuse is the misuse of power through which the perpetrator gains control or

advantage of the abused, using and causing physical or psychological harm or

inciting fear of that harm. Abuse prevents persons from making free decisions and

forces them to behave against their will.

Coercion is forcing, or attempting to force, another person to engage in behaviors

against her will by using threats, verbal insistence, manipulation, deception, cultural

expectations or economic power.

Exploitation and abuse occur when this disparity of power is misused to the

detriment of those persons who cannot negotiate or make decisions on an equal

basis. Exploitation and abuse can take the form of physical and psychological force

or other means of coercion (threats, inducements, deception or extortion) with the

aim of gaining sexual or other favours in exchange for services.

A perpetrator is a person, group, or institution that directly inflicts, supports and

condones violence or other abuse against a person or a group of persons.

Perpetrators are in a position of real or perceived power, decision-making and/or

authority and can thus exert control over their victims.

Types of Sexual and Gender-Based Violence

The following table describes some of the more common forms of sexual and

gender-based violence. The list is neither exhaustive nor exclusive. It is a practical

tool that can be used in each location to help identify the different forms of

sexual and gender-based violence that exist. Acts of sexual and gender-based

violence have been grouped into five categories:

 • Sexual violence.

• Physical violence.

• Emotional and psychological violence.

• Socio-economic violence.

• Harmful traditional practices.

1. Sexual Violence

Type of act Description/Examples Can be perpetrated by

Rape and The invasion of any part of the body of the
marital rape victim or of the perpetrator with a sexual
organ, or of the anal or genital opening of
the victim with any object or any other
part of the body by force, threat of force,
coercion, taking advantage of a coercive
environment, or against a person
incapable of giving genuine consent
(International Criminal Court).
Child sexual Any act where a child is used for sexual
abuse, Gratification. Any sexual
defilement and Relations/interaction with a child.
incest
Forced Forced /coerced anal intercourse, usually
sodomy/anal male-to-male or male-to-female.
rape
Attempted rape Attempted forced/coerced intercourse;
or attempted No penetration.
forced
sodomy/anal
rape
Sexual abuse Actual or threatened physical intrusion of
a sexual nature, including inappropriate
touching, by force or under unequal or
coercive conditions.
Any person in a position of
power, authority and control,
including husband, intimate
partner or caregiver.
Someone the child trusts,
including parent, sibling,
extended family member,
friend or stranger, teacher,
elder, leader or any other
caregiver, anyone in a
position of power, authority
and control over a child.
Any person in a position of
power, authority and control.
Any person in a position of
power, authority and control.
Any person in a position of
power, authority and control,
family/community members,
co-workers, including
supervisors, strangers.
 Sexual Any abuse of a position of vulnerability, Anyone in a position of
exploitation differential power, or trust for sexual power, influence, control,
purposes; this includes profiting including humanitarian aid
momentarily, socially or politically from the workers, soldiers/officials at
sexual exploitation of another (IASC); checkpoints, teachers,
Sexual exploitation is one of the purposes smugglers, trafficking
of trafficking in persons (performing in a networks.
sexual manner, forced undressing and/or
nakedness, coerced marriage, forced
childbearing, engagement in
pornography or prostitution, sexual
extortion for the granting of goods,
services, assistance benefits, sexual
slavery).
Forced Forced/coerced sex trade in exchange Any person in a privileged
prostitution (also for material resources, services and position, in possession of
referred to as assistance, usually targeting highly money or control of material
sexual vulnerable women or girls unable to meet resources and services,
exploitation) basic human needs for themselves and/or perceived as powerful,
their children. humanitarian aid workers.
Sexual Any unwelcome, usually repeated and Employers, supervisors or
harassment unreciprocated sexual advance, colleagues, any person in a
unsolicited sexual attention, demand for position of power, authority,
sexual access or favours, sexual innuendo or control.
or other verbal or physical conduct of a
sexual nature, display of pornographic
material, when it interferes with work, is
made a condition of employment or
creates an intimidating, hostile or
offensive work environment.

2. Physical Violence

Type of act Description/Examples Can be perpetrated by

Physical assault Beating, punching, kicking, biting, burning, Spouse, intimate partner,
maiming or killing, with or without family member, friend,
weapons; often used in combination with acquaintance, stranger,
other forms of sexual and gender-based anyone in position of power,
violence. members of parties to a
conflict.
Trafficking, Selling and/or trading in human beings for Any person in a position of
slavery forced sexual activities, forced labour or power or control.
services, slavery or practices similar to
slavery, servitude or removal of organs.
3. Emotional and Psychological Violence

Type of act Description/Examples Can be perpetrated by

Abuse/Humiliation Non-sexual verbal abuse that is
insulting, degrading, demeaning;
compelling the victim/survivor to
engage in humiliating acts, whether
in public or private; denying basic
expenses for family survival.
Confinement Isolating a person from friends/family,
restricting movements, deprivation of
liberty or obstruction/restriction of the
right to free movement.
Anyone in a position of power
and control; often perpetrated
by spouses, intimate partners or
family members in a position of
authority.
Anyone in a position of power
and control; often perpetrated
by spouses, intimate partners or
family members in a position of
authority.

4. Socio-Economic Violence

Type of act Description/Examples Can be perpetrated by

Discrimination Exclusion, denial of access to education, Family members, society,
and/or denial of health assistance or remunerated institutions and organisations,
opportunities, employment; denial of property rights. government actors.
services
Social exclusion/ Denial of access to services, social benefits Family members, society,
ostracism based or exercise and enjoyment of civil, social, institutions and organisations,
on sexual economic, cultural and political rights, government actors.
orientation imposition of criminal penalties,
discriminatory practices or physical and
psychological harm and tolerance of
discriminatory practices, public or private
hostility to homosexuals, transsexuals or
transvestites.
Obstructive Denial of access to exercise and enjoy Family, community,
legislative civil, social, economic, cultural and institutions and State.
practice political rights, mainly to women.
5. Harmful Traditional Practices

Type of act Description/Examples Can be perpetrated by

Female genital Cutting of genital organs for non-medical Traditional practitioners,
mutilation reasons, usually done at a young age; supported, condoned, and
(FGM) ranges from partial to total cutting, removal assisted by families, religious
of genitals, stitching whether for cultural or groups, entire communities
other non-therapeutic reasons; often and some States.
undergone several times during life-time,
i.e., after delivery or if a girl/woman has
been victim of sexual assault.
Early marriage Arranged marriage under the age of legal Parents, community and
consent (sexual intercourse in such State.
relationships constitutes statutory rape, as
the girls are not legally competent to agree
to such unions).
 Forced Arranged marriage against the Parent, family members.
marriage victim’s/survivor’s wishes; often a dowry is
paid to the family; when refused, there are
violent and/or abusive consequences.
Honour killing Maiming or murdering a woman or girl as Parent, husband, other family
and maiming punishment for acts considered members or members of the
inappropriate for her gender that are community.
believed to bring shame on the family or
community (e.g., pouring acid on a young
woman’s face as punishment for bringing
shame to the family for attempting to marry
someone not chosen by the family), or to
preserve the honour of the family (i.e., as a
redemption for an offence committed by a
male member of the family).
Infanticide Killing, withholding food, and/or neglecting Parent, other family members.
and/or neglect female children because they are
considered to be of less value in a society
than male children.
Denial of Removing girls from school, prohibiting or Parents, other family
education for obstructing access of girls and women to members, community, some
girls or women basic, technical, professional or scientific States.
Knowledge.

When and Where does Sexual and Gender-Based Violence Occur?

Sexual and gender-based violence can occur anywhere, at any time. It is used as a

weapon of war; it is perpetrated in the supposed safety of one’s home. Just as the

laws and structures that govern a society influence the behavior of individuals, so,

too, can individual attitudes influence the way families, communities and societies

respond to certain types of behavior. The following diagram represents the clear

linkages between the individual and the society.

At the

individ

ual

level, the degree of knowledge, personal security, access to and control of

resources, services and social benefits, personal history and attitudes towards
gender can influence whether a person will become a victim/survivor or a

perpetrator of violence.

The second level, relationship, represents the immediate context in which abuse

can occur: between individuals, even within families. At this level, existing power

inequalities among individuals begin to reinforce subordinate/privileged positions.

The community level represents the dynamics between and among people that are

influenced by socialization within such local structures: as schools, health care

institutions, peer groups and work relationships. For refugees, this structure is

found in the refugee camp or setting, where the availability of and access to social

services and the very layout of the camp can have a direct impact on whether or

not incidents of sexual and gender-based violence occur.

Society includes the cultural and social norms about gender roles, attitudes

towards children, women and men, the legal and political frameworks that govern

behavior, and the attitude towards using violence as means of resolving conflicts.

It is clear to see that changes in behavior and attitudes in any one of the areas can

have an impact on all of them. Interventions to prevent or respond to sexual and

gender-based violence should thus target all levels.

Causes of Sexual and Gender-Based Violence

The root causes of sexual and gender-based violence lie in a society’s attitudes

towards and practices of gender discrimination, which place women in a subordinate

position in relation to men. The lack of social and economic value for women and

women’s work and accepted gender roles perpetuate and reinforce the assumption
that men have decision-making power and control over women. Through acts of

sexual and gender-based violence, whether individual or collective, perpetrators

seek to maintain privileges, power and control over others.

Causes or Risk Factors for SGBV

The following chart describes some causes or risk factors that can increase the

risks of becoming a victim/survivor or perpetrator of sexual and gender-based

violence:

Individual risks ● Loss of security

● Dependence
● Physical and mental disabilities
● Lack of alternatives to cope with changes in socio-economic status
● Alcohol, drug use/abuse
● Psychological trauma and stress of conflict, flight, displacement
● Disrupted roles within family and community
● Ignorance/lack of knowledge of individual rights enshrined under
national and international law

Social norms and ● Discriminatory cultural and traditional beliefs and practices
culture ● Religious beliefs

Legal framework and ● Discrimination and condone sexual and gender-based violence
practices in host ● Lack of legal protection for women’s and children’s rights
country and/or
country of origin ● Lack of laws against sexual and gender-based violence
● Lack of trust in the law enforcement authorities
● Application of customary and traditional laws and practices that
enforce gender discrimination
● General insensitivity and lack of advocacy campaigns condemning
and denouncing sexual and gender-based violence
● Discriminatory practice in justice administration and law enforcement
● Under-reporting of incidents and lack of confidence in the
administration of justice
● Lack of willingness to effectively prosecute all cases reported to
authorities
● Low number of prosecutions obtained in proportion to the number of
cases reported
● Police and courts inaccessible because of remote location of camp
● Absence of female law enforcement officers
● Lack of administrative resources and equipment by local courts and
security officials
● Laws or practices in the administration of justice that support gender
War and armed ● Breakdown of social structures
conflict ● Exertion of political power and control over other communities
● Ethnic differences
● Socio-economic discrimination

Refugee, returnee and ● Collapse of social and family support structures

internally displaced ● Geographical location and local environment (high crime area)
situations
● Design and social structure of camp (overcrowded, multi-household
dwellings, communal shelter)
● Design of services and facilities
● Predominantly male camp leadership; gender-biased decisions
● Unavailability of food, fuel, income generation, leading to movement
in isolated areas
● Lack of police protection
● Lack of UNHCR/NGO presence in camp
● Lack of security patrols
● Lack of individual registration and identity cards
● Hostility of local population (refugees are considered materially
privileged)
 Glossary

Glossary

• Abuse

Abuse is the deliberate act or series of actions which lead to harm. This
includes, but is not limited to, verbal, physical, sexual, emotional and
psychological abuse.

• Additionally, vulnerable
Athletes that do not have access to the same choices as others due to
dependency on others and/or an impaired ability to resist, avoid or
understand abuse. This term is commonly used to refer to disabled and deaf
athletes.

• Child
According to the United Nations Convention on the Rights of the Child, a
child is anyone under the age of 18.

• Child protection
Child protection is the set of actions implemented when a child is identified
 as being at risk of being harmed, abused, neglected or exploited. It should
be seen as an element of child safeguarding.

• Child safeguarding
Child safeguarding is the set of actions, measures and procedures taken to
ensure that all children are kept safe from harm, abuse, neglect or
exploitation whilst in care.

• Exploitation
Exploitation refers to the use of an individual for ones’ own benefit,
gratification or satisfaction.

• Harm
Harm refers to a negative impact on an individual’s physical, emotional or
behavioral health and well-being. Violence, abuse, neglect and exploitation
often lead to an individual being harmed.

• Neglect
Neglect manifests itself in not reacting, either deliberate or through
carelessness, to an act or series of actions or events which lead to harm.
References

Vann, B., Gender-Based Violence: Emerging Issues in Programmes Serving

Displaced Populations, The Reproductive Health for Refugees Consortium, New

York, 2002.

Ward, J., If Not Now, When? Addressing Gender-Based Violence in Refugee,

Internally Displaced, and Post-Conflict Settings. A Global Overview, The

Reproductive Health for Refugees Consortium, New York, 2002.

United Nations Children’s Fund, ‘Links Between Sexual Abuse and Exploitation

and HIV/AIDS’, UNICEF, New York, 2002.

United Nations Development Fund for Women, Progress of the World’s Women,

UNIFEM, New York, 2000.

https://www.barnesandnoble.com/b/books/social-services-welfare/child-

welfare-family-services/_/N-29Z8q8Z16v2

https://www.alibaba.com/product-detail/0-12-years-old

2019hot_62141945584.html