STRENGTHENING CHILD PROTECTION SYSTEM FOR REDRESSING DOMESTIC EMOTIONAL ABUSE OF CHILDREN: BANGLADESH PERSPECTIVE Mirza Farzana Iqbal Chowdhury1 Abstract Child abuse is a threat to development of children. Emotional abuse is such a classification of child abuse which kills children’s mind silently but deeply. Although the Government and Non-governmental organizations are taking many steps to prevent other kinds of child abuse such as physical abuse or sexual abuse, but due to silent killing nature of emotional abuse it is quite unaddressed and un-redressed by them. In this paper I tried to discuss the aspect of emotional abuse elaborately and it’s impact on children’s psychology. A structured questionnaire survey was conducted to examine the level of emotional abuse among the respondents. The field survey shows that families are not conscious about their treatment of children. So my concentration was to focus on the life-long impacts of the emotional abuse on children and to recommend a strengthened children protection system including community people to prevent and protect children from emotional abuse. Keywords: Emotional abuse, Children’s Development, Children Protection system, Ensuring Child Rights. 1 Lecturer, Department of Law, Faculty of Humanities and Social Sciences, Daffodil International University, Bangladesh. 1 1. INTRODUCTION Child is the future of a nation. But we see that often a child becomes victim of different types of abuse because of its vulnerability. The term “Child Abuse” has a long bitter history. The abuse of a child is often caused by parents or other family members in the name of parental control and was protected by a system of laws which entitle children with few rights. Under existing social structure, children are treated as property owned by the parents. Parents, particularly fathers exercise great power over the treatment and discipline of children. It is a matter of great sorrow that even in this modern era we did not come out from this heinous outlook of which result is Child Abuse. Child abuse is often justified by various names, such as, a disciplinary measure, a legally sanctioned act, an economic necessity, or cultural and religious practice. affect the nation, which if we can stop or prevent a part of the child abuse, we can significantly contribute in the national development. Child abuse is now regular in the newspaper headlines and media news. Not only that, the Committee on the Rights of the Child (CRC) has also given concluding observation regarding Bangladesh on 26 June 2009 where the committee expressed its concern about the different kinds of abuse and neglect that occur in both public and private institutions serving children and in homes (Save the Children, 2009). Therefore an effective children protection system is only the solution to this problem, except which, children will continue to suffer various incidents of physical violence, neglect, emotional abuse, sexual harassment and other forms of child abuse and nation will have to pay for it. 2. OBJECTIVES Child Abuse has serious physical and psychosocial consequences which adversely affect physical & mental health. In Bangladesh, less than 10 per cent of children are registered at birth (UNICEF, 2008). So it is very difficult to track whether children's rights are being protected or not. As a result, children are being abused by perpetrators without fear of punishment which is an unfair deal with children’s rights. Therefore this issue needs proper attention of communities & legal authorities to be resolved as today’s children will be acting as the driving force of development strategy of country for tomorrow. As per UNICEF statistics, in Bangladesh the number of children in the year of 2010 was 55938 thousand which is 37.62% of the total population of 148,692 thousand in the same year of 2010 (The World Bank, 2010). This percentage carries more than one-third of the total population & if children are not protected properly, it will be huge loss of country potentials. Understanding the gravity of child abuse problem, November 19 has been designated as the ‘World day for Prevention of Child Abuse’. Child abuse is given so much importance as it is proved that it is the mother of the major social problems of today’s world. Though every abused child does not have all these problems, but it affects the mind of children in such a way which hinders their mind to freely reach full potential. This situation has serious negative effects not only on the development and growth of children but on the development of a nation as a whole. These hindrances to reach full potentialities also The objectives of this paper are as follows: To identify children’s right “Right to be free from emotional abuse” under International & National laws & policies. To focus on harmful impact of emotional abuse on children’s psychology & development. To suggest the parents, guardians and society to be sensitive about their behavior with children. To suggest various ways for developing a strengthened national children protection system to preserve child’s right to development by redressing emotional abuse of child. 3. METHODOLOGY Required information has been collected from both primary & secondary sources. Primary data was collected from answers of person-to-person on the basis of given structured questionnaire. The questionnaire comprises 15 questions. Total 110 respondents have been randomly selected for answering the questionnaire from three Private Universities: Daffodil International University, Asian University and Northern University. The ages of respondents were between 18-25 years who can understand the level of abuse at their childhood & can give a rational judgment in answering the questionnaire. The sources of secondary information include journals, newspapers, various 2 publications of Amnesty International, UNICEF, SAVE the Children, WHO, FAO & other local & international organizations. 4. DEFINITION OF CHILD ABUSE Generally child abuse is physical, sexual, or emotional mistreatment or neglect of a child. Child abuse can be defined as violation of positive duty to act or negative duty not to act of a parent or parents or family members or caretaker that results in the death, serious physical, emotional or psychological harm, sexual abuse or exploitation of a child or any type of action which places the child in an imminent risk of serious harm. In the United States, the Centers for Disease Control and Prevention (CDC) and the Department for Children and Families (DCF) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child (Wikipedia, 2013). According to the Journal of Child Abuse and Neglect, child abuse is "any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation, an act or failure to act which presents an imminent risk of serious harm. Again according to World Health Organization (WHO), “Child abuse or maltreatment constitutes 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.’’ Child abuse is such a complex matter which involves various behaviors such as physical abuse, emotional abuse, sexual abuse, child neglect and commercial exploitation in the form of child labor and child pornography. Though it is a complex matter, it should be reported in time so that it can be investigated properly and stopped before much harm is done. If we analyze the definitions, we can easily identify the following types of child abuse: a) b) c) d) Physical abuse Emotional abuse Sexual abuse Neglect e) Commercial exploitation. Where a child should be protected by his/her family from abusers, if the family itself abuses the child, then the question arises that where the child will feel secured. If the family environment is not suitable for child, how can he/she cope with the situation at this very young age? Very often, children are emotionally abused within family which has a great negative impact on his/her selfdevelopment skills. But this sensitive issue often remains neglected & nobody is paying proper attention in this regard. Therefore the purpose of my article is attracting proper attention to this highly neglected aspect of child abuse & recommending strengthening child protection system to redress emotional abuse of a child & creating awareness about a child-friendly family environment. 5. DEFINITION OF EMOTIONAL ABUSE ‘’When it comes to damage, there is no real difference between physical, sexual and emotional abuse. All that distinguishes one from the other is the abuser’s choice of weapons’’ (Andrew Vachss, 1994). Emotional abuse is a pattern of behavior that can seriously interfere with a child's positive development and his self-respect. “Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment, including the availability of a primary attachment figure, so that the child can develop a stable and full range of emotional and social competencies commensurate with her or his personal potentials and in the context of the society in which the child dwells. There may also be acts towards the child that cause or have a high probability of causing harm to the child’s health or physical, mental, spiritual, moral or social development. These acts must be reasonably within the control of the parent or person in a relationship of responsibility, trust or power. Acts include restriction of movement, patterns of belittling, denigrating, scapegoating, threatening, scaring, discriminating, ridiculing or other non-physical forms of hostile or rejecting treatment. ” (WHO, 1999) 3 Therefore if we analyze the definitions, we found that the emotional abuse is a kind of abuse which kills a child’s mind silently. In case of physical or sexual abuse, physical evidence can be found & is used in penalizing the offenders. But as emotional abuse is hard to identify due to no physical evidence, so it is more dangerous. Emotional abuse is a pattern of behavior that attacks a child’s emotional development and sense of self-worth. Emotional abuse includes excessive, aggressive or unreasonable demands that place expectations on a child beyond his or her capacity. Constant criticizing, belittling, insulting, rejecting, teasing, degrading are some of the forms of emotional abuse. It also includes failure to provide the psychological nurturing necessary for a child’s psychological growth and development. (Trenholm, 2004) To determine whether a child is being emotionally abused or not, some indicators have been developed which are the following: “Hiding his or her eyes, lowering his or her gaze, biting lips or tongue, forcing a smile, fidgeting, annoyance, defensiveness, exaggeration, confusion or denial, feeling of nakedness, defeat, alienation or lack of worth, regression, poor self-esteem, angry acts, withdrawal, insecurity, alcohol or drug abuse, depression, suicide, difficulty in relationships, eating disorders, sleep disorders/nightmares, speech disorders, developmental delays, nervous disorders or somatic symptoms (ChildHelpInfoCenter, 2009).” There are other indicators also such as inappropriately aggressive, destructive to others, restriction to play activities or experiences, demonstrates compulsions, obsessions, phobias, hysterical outbursts. The immediate emotional effects of abuse and neglect are isolation, fear, and an inability to trust which produce subsequent lifelong consequences such as lack of selfconfidence, frustration and difficulty in relationships. Researchers have identified links between child abuse and neglect and several psychological consequences such as poor mental & emotional health, cognitive difficulties, social difficulties, behavioral consequences, difficulties during adolescence, juvenile delinquency and adult criminality, alcohol & other drug abuse, abusive behavior (NCCANI, 2005). Emotional abuse is an emerging child abuse field. It is rarely recognized by society and traditional child welfare systems. Therefore interventions in such type of abuse are few. But as it has a profound impact on the emotional development of a child, it should not be neglected and proper interventions should come forth to address this problem. To address this problem properly we need to know how this abuse happens. These are most often like the following: “To tell a child in many ways that he or she is unwanted, to show no interest towards the child, not to give or return affection, not to listen to the child what he or she wants to share, not validating feelings or telling the feelings of the child as fake, to be indifferent about tears of child, to give false promise or to break promise, to cut the child off while he or she is speaking or telling “You are telling non-sense” without just reasons, to pretend to hear concerns but then to disregard them, to judge what the child does as wrong, inferior, or worthless, to condemn the child telling “Who do you think you are, Mr./Ms big guy/girl?, “What do you think about yourself, very special? Huh!” etc., to accuse, blame, insult, criticize, punish and threaten with abandonment, physical harm, or death or telling to the teacher or others, to label the person as a loser, to take advantage of the person’s weakness, to manipulate the sentences of the child, not to allow the child to engage with peers or activities, to withhold information, to tell lies to avoid justifying actions or ideas (TEACH through Love, 2002).’’ This list is not exhaustive. There are many other behaviors which are causing emotional abuse of a child & preventing healthy development of the child. Now we will see whether there is any law & policy in Bangladesh to combat this problem or not & what are those. 4 6. INTERNATIONAL COMMITMENTS OF BANGLADESH REGARDING VARIOUS CHILD RIGHTS RELATED TO EMOTIONAL ABUSE Bangladesh is an early signatory of the Convention on the Rights of the Child, 1990. The Committee on the Rights of the Child (CRC) is the body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. The principles of the convention are to ensure non-discrimination to any child, devotion to the best interest of child, the right to life, survival and development and respect to the views of children (UNICEF, 2008). Art. 2 of CRC contains ‘Principle of nondiscrimination’ according to which States Parties shall respect and guarantee the rights set forth in the CRC 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, color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Art. 3 of CRC contains ‘Principle of The Best Interests of the child’ which tells that the best interests of the child should be the primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies . Art. 12 of CRC contains ‘Principle of the Right to Participate’, according to which States should 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. Again CRC contains ‘Respecting the Rights to life, survival and development’ of child. As child abuse is likely to endanger the survival and development of the child affected, State parties are responsible for preventing child abuse. By signing in the CRC, the Government of Bangladesh is committing to improve the child rights situation in the country so that children’s rights under the Convention are realized. “Bangladesh also made its commitment in May 2002 at the United Nations Special Session on Children where world leaders met to review the progress since 1990 and endorsed the World Fit for Children document, which contains a declaration of objectives and a global plan of action. Bangladesh also made her commitments at various international conferences held since 1990. These include the World Conference on Education for All, United Nations Conference on Environment and Development, World Conference on Human Rights, International Conference on Population and Development, World Summit for Social Development, and the United Nations Conference on Human Settlements. Bangladesh is a State party of Millennium Declaration. The second point of the Declaration calls on the world’s leaders to recognize their duty to the vulnerable and in particular, to the children of the world, to whom the future belongs (UNICEF, 2008)”. In addition, Bangladesh as a member of SAARC is committed to the SAARC Declarations. Again Bangladesh endorsed the SAARC Convention on the Regional Arrangements for the Promotion of Child Welfare in South Asia 2002. 7. EXISTING LAW & POLICY IN BANGLADESH TO COMBAT EMOTIONAL ABUSE OF CHILD There is not any specific article in our constitution for protecting child rights. To protect children’s rights, the Children’s Act 1974 and the Children’s Rules, 1976 were enacted and the Bangladesh Children’s Academy established in 1976. Bangladesh was among the first few countries to sign and ratify the UN Convention on the Rights of the Child (UNCRC) and is working to implement its provisions. The Government, as a follow up to the CRC, had quickly formulated the National Programme of Action for Children in 1992 and also undertaken ‘Progati’, a Decade Plan of Action for the Girl Child in the same year. Subsequently, the National Children Policy was drawn up in 1994 to ensure the security, welfare and development of children in Bangladesh. There is not any specific section regarding child abuse or emotional abuse of child in Nari O Shishu Nirjaton Daman Ain, 2000 which was enacted to prevent of torture on child (Bangladesh, Nari O Shishu Nirjatan Daman Ain 2000). Sec.6 5 (Trafficking), Sec. 7(Abduction), Sec. 12 (Mutilation or maiming), Sec. 14 (Restriction on publication) of Nari O Shishu Nirjaton Daman Ain, 2000 deals with some child issues but those are not sufficient. Again the Domestic Violence (Prevention and Protection) Act, 2010 was passed due to widespread domestic violence of women & children in Bangladesh but not yet in force. Comparatively this Act dealt with “Emotional Abuse” of child by family members (Bangladesh, Domestic Violence (Prevention and Protection) Act 2010). “In 2003, the Ministry of Women and Children Affairs (MWCA) began a series of discussions on the preparation of 3rd NPA (2004-2009) for Children. These discussions identified five thematic areas, which formed the basis of the NPA document. These thematic areas included: (1) food and nutrition, (2) health, (3) education and empowerment of the girl child, (4) protection from abuse, exploitation and violence, and (5) physical environment. The findings and recommendations of the five Advisory Panels were consolidated and finalized under these five thematic areas, The NPA also included a programming framework, cross-cutting approaches and issues, governance and management of the NPA for Children, and measuring and assessing impact (3rd NPA). Under the heading of Protection from Abuse, Exploitation and Violence the interventions of enabling environment; prevention; protection, recovery and reintegration; and prosecutions of perpetrators were defined. In February 2009, the Government constituted a high level National Committee on Women and Children Development (NCWCD). Bangladesh adopted various policies and legislations as a follow-up of CRC- the latest being the National Children Policy 2011. This policy has a strategy to protect children from abuse & provide them medical & financial assistance (MOWCA, 2011)”. The Children's Act, 1974 provides for the custody, protection and treatment of children and the punishment of young offenders by juvenile courts; this Act also deals with care and protection of destitute and neglected children. It provides, among other safeguards, for the punishment of special offences such as cruelty to children, employment of children for begging and exploitation of child employees (Bangladesh, Children’s Act 1974). 7.1. Review of The Domestic Violence (Prevention And Protection) Act, 2010 The Domestic Violence (Prevention and Protection) Act, 2010 defines as domestic violence any physical and mental torture, sexual harassment and psychological harassment of a woman or child by any member of the family. Any action that causes or likely to cause damage to the life, health, security or any organ of the body of a woman or child, forcing any individual to commit an offence or any provocation for doing so will constitute a domestic violence, the bill says. Any oral abuse, insult, ignorance, threat to any individual or making any utterances that may cause mental harassment and interference in individual’s freedom of movement and opinion by any member of the family will also constitute a domestic violence, the bill says (SAHR, 2010). Sec 2(6) of the Act defines “Aggrieved Person” as any child or woman who due to family relations became victim of domestic violence, or being victimized of domestic violence or in the risk of becoming victim of domestic violence. The Act asks a police officer, being informed in any manner about a domestic violence, to make the victim aware she could get redresses, including legal aid and medical treatment. The government will have to appoint an enforcement officer for every upazila, police station, district and metropolitan area to ensure enforcement of the law. The enforcement officer will monitor domestic violence in the area under his or her jurisdiction and if any domestic violence is reported, the officer will inform the officer-in-charge of the police station concerned, apply to the court concerned seeking protection of the victim and arrange medical examination and treatment of the victim. Rights organizations and non-governmental organizations campaigning for protection of women and children’s rights will be considered as service organizations in order to ensure enforcement of the law. The service organizations will be entrusted with recording any incident of domestic violence and to report to the court and police station concerned and ensuring safe custody of the victim at a safe home. 6 According to the Act, any petition seeking protection of a victim can be filed with the court of judicial magistrate or metropolitan magistrate concerned by the victim or the enforcement officer. If the court is satisfied that a domestic violence has been committed or there is a possibility of such violence, it will order the accused person/s to ensure protection of the victim and issue a notice asking the perpetrator to explain in seven days why he should not be ordered to ensure permanent protection of the victim, the bill stipulates. If a person fails to comply with court orders to ensure protection of the victim, s/he will be punished with imprisonment for six months or with a fine of Taka 10,000 or with both. For any recurrence of the offence, the perpetrator will be punished with imprisonment for two years or with a fine of Taka 1 lakh or with both (Bangladesh, Domestic Violence (Prevention and Protection) Act 2010). Therefore we can see that though Bangladesh adopted a good law to protect child from abuse but this Act is not organized enough. It emphasizes punishment of offenders rather than preventing emotional abuse of a child. This Act did not give more attention to awareness raising & involved law enforcement agency more than the community where the victim child is living, thus it is not recognizing the role of community in redressing such a deep-hidden problem. This Act did not define the term” Aggrieved person” widely to include other community members. Again sec.2 (3) of the act defines “Application” filed by aggrieved person or any other person on behalf of aggrieved person. According to sec. 6(1) (d), enforcement officer is entitled to apply in the Court for protection order being requested by the aggrieved person. Sec. 6 (1) (g) again tells that the officer will send the aggrieved to the shelter center if the aggrieved agrees. Here it was not clearly mentioned how decision of sending to the shelter center will be taken where child is unable to give decision. Though this Act includes child to give him protection from domestic violence but no clear guideline is given by this Act to address child issues properly & specifically. Again reporting to Police is emphasized in this Act where we know that Police is also corrupted & most of the time, they try to influence the aggrieved party for the purpose of gaining financial interest. Therefore, reporting mechanism & more priority to Police authority tend to defeat the purpose of enacting this Act. So according to my view, this Act needs to be reviewed by the Legislature. The following is the figure of working method reflected in the Domestic Violence (Prevention and Protection) Act 2010 which reveals the weaknesses of the mechanism: \ Figure 1: Working method reflected in the Domestic Violence (Prevention and Protection) Act, 2010 7 Examining all existing laws & policies we can conclude that though many laws & programs were adopted in Bangladesh to prevent different types of abuse but in case of emotional abuse, no progress is apparent. Due to difficulty in identifying this abuse, other actor’s i.e NGO’s are also less active in this regard. But if we see the impacts of emotional abuse on children, we will have to admit that it is not a petty issue. As Bangladesh is committed to prevent abuse so it is committed to prevent emotional abuse also which should be considered as a special aspect of the term “Abuse” in respect of child. A GLANCE AT EXISTING LAWS & POLICIES IN BANGLADESH REGARDING REDRESSING EMOTIONAL ABUSE OF CHILD The Domestic Violation (Prevention & Protection Act), 2010 Children’s Act, 1974 Children’s Rules, 1976 National Programme of Action for Children in 1992 ‘Progati’, a Decade Plan of Action for the Girl Child, 1992 National Children Policy, 1994 & subsequent years, latest policy of 2011 8. THE ROLE OF ORGANIZATIONS NGO’S & OTHER A. Unicef To protect children’s rights, UNICEF is working worldwide. In the context of Bangladesh, the role of UNICEF is quite praiseworthy. UNICEF is supporting government initiatives to maintain harmony between domestic legislation and international standards along with the Convention on the Rights of the Child (CRC). To achieve this goal, UNICEF proposed legislation of a new Children’s Code where all rights and principles of children mentioned in CRC and other international standards will be included. “UNICEF has also supported the Government to amend the 1974 Children Act which covers children in conflict with the law and children in need of protection in line with the CRC (UNICEF, 2006)”. UNICEF Bangladesh is working to establish protective mechanisms against abuse, exploitation and violence. “A study on child abuse has been conducted by UNICEF, the Government of Bangladesh and the Save the Children Alliance. Under the supervision of the Violence against Children Working Group of UNICEF, 20 district level consultations have taken place as a follow up of the UN study on violence against Children and Regional consultation on Violence against Children in South Asia. Another 44 district level consultations took place in 2007. UNICEF’s work to protect children at risk includes legislative and institutional reform, advocacy on the rights and requirements of vulnerable children, capacity building of child protection services and piloting of child protection systems (UNICEF, 2008).” “UNICEF is advocating for a national child protection system to support all vulnerable children, including victims of trafficking, violence, abuse and exploitation. The system will link together all organizations and institutions (public and private) that support children at risk. To support the network, UNICEF is facilitating the development of a national child protection information management system and the design of national social services training. It is piloting a number of community-based child protection systems. UNICEF is developing minimum care standards for institutions that care for orphans, children in contact with the law, and victims of trafficking and abuse. This has included training for institution staff in child-friendly and gender-appropriated care (UNICEF, 2010).” 8 B. Save The Children In curbing violence against children, Save the Children emphasize empowering communities through local community based organizations and calls for strengthening of national child protection systems including community participation. Both the leading NGO’s (Specially UNICEF) are working on strengthening policy, increasing life skills of children & trying hard to implement National Child Protection System & many other strategies to prevent child abuse but any special initiative regarding redressing emotional abuse by these two NGO’s are not visible. 9. FIELD SURVEY I conducted a questionnaire on 110 Bangladeshi students of Private University level in July 2012 as mentioned in the methodology to Table: 1 Question area Impression about own family understand their level understanding in their family. Choices Scores Percentage Good 96 87.27% Bad 0 0% Satisfactory 14 12.72% Table: 2 Question area Less importance among siblings Table: 3 Question area Getting access of respondent’s in sharing stories with family Table: 4 Question area Mental pain about false promise of family of Choices Yes Scores 8 Percentage 7.27% No 102 92.72% Choices Yes Scores 34 Percentage 30% No 23 20% Sometimes 53 47% Choices Yes Scores 45 Percentage 40% No 47 43% Not happened 18 17% Table: 5 Question area Without reasonable cause giving no importance to opinion Choices Yes No Sometimes Scores 24 47 39 emotional Percentage 22% 43% 35% Table: 6 Question area Choices Scores Percentage 9 Tendency underestimating things done Table: 7 Question area False blame by family Table: 8 Question area Threat to hurt physically of all Yes 10 9% No 100 91% Choices Scores Yes 25 No 85 Choices Percentage 22.72% 77.28% Yes 49 Scores Percentage 44.55% No 61 55.45% Table: 9 Question area Reaction of family about coming of friend at house Table: 10 Question area Threat to desert Choices Happy Expressed annoyance No special expression Choices Scores 40 11 59 Scores Percentage 36.36% 10% 53.63% Percentage Yes 11 10% No 99 90% Table: 11 Question area Frustration due to family mal-treatment Choices Yes Scores 48 Percentage 43.63% No 62 56.37% Table: 12 Question area Attempt to suicide due to family mal-treatment Choices Yes Scores 7 Percentage 6.37% No 103 93.63% Table: 13 Question area General impression about child treatment by families Table: 14 Question area Choices Proper behavior Scores 36 Percentage 32.73% Mental torture by families 59 53.64% Sometimes good, sometimes bad 15 13.64% Scores Percentage 10 Choices How to save the child from emotional abuse by own family Table: 15 Question area How respondents will raise their future children Child has to agree always with family Community & Law must help the child We do not need any change of family behavior Choices Affection & Ruling (Traditional approach) Huh, do children need any right? I will try my level best to ensure optimum level of my child’s development. (Modern approach) 10. MAJOR FINDINGS OF THE STUDY Although most respondents have good impression about their family’s behavior but the statistics of answering of different questions do not justify their good impression. 7.27% of respondents reported that they were given less importance than their siblings in their home. 20% reported that they did not get access to share their story within family.40% reported that they were hurted because of false promises by family.22% told that their opinion was neglected by own family without reasonable reason.9% reported that family had tendency to underestimate their all things. 22.72% told that they were blamed falsely by own family.44.55% reported that they were threatened to be hurted physically by family. 10% told that family expressed annoyance in coming of friends at home. 10% told that their family threatened to desert them. 43.63% told that they got frustrated due to family mal-treatment in their life. 6.37 % of respondents revealed that they attempted to suicide 36 32.73% 72 65.45% 2 1.8% Scores 24 0 86 Percentage 21.82% 0% 78.18% due to family mal-treatment. 53.64% expressed that in generally children suffers mental torture within their own family. 65.45% agrees that law & community should help to save children from emotional abuse by family. In respect of caring future children of respondents, 21.82% showed traditional approach of affection & ruling and 78.18% showed modern approach of ensuring child’s development. So we can see that emotional abuse is occurring in family & children become victim of emotional abuse by their own family. It is a matter of concern that without victim’s conscious understanding; those abuses create a harmful impact on the psychology & development of the victim child for which in the adulthood even he/she faces multifaced problems. If families become conscious at the very beginning of raising their child, many psychological & social problems can be reduced to a great extent. 11. PROBLEMS TO RESOLVE THE ISSUE By studying the aforementioned cases & analyzing field survey, we can understand the deep level impact of emotional abuse of a child within home. Regarding resolving the issue, some problems are sorted out. Let’s have a look: 1. The traditional thinking of ruling upon children is the root cause of widespread abuse of child in Bangladesh. In addition, guardians do not want to admit their fault. Because of this, there is little reliable quantitative data. Data collection is challenging because guardians are unable to understand the differences between ruling and abuse and victim child is vulnerable and traumatic to express the sufferings. A major underlying issue behind child abuse is that children are often unaware of their legal rights, or are made to feel they cannot exercise those rights. In general, the rights and desires of children are often overlooked, particularly for the most vulnerable groups, such as girls. When family is the abuser, then the child alone cannot fight to get his or her right. 2. Inequality is another problem. Often disabled children and girls are more prone to be emotionally abused. The guardians and the society don't want to understand that the fear, lack of confidence and loss of trust are more harmful and hurtful than the actual act of physical or sexual violation. Physical or sexual violation can be traced through medical 11 treatment but emotional or psychological damage only can be understood after a long period of time and by that time, much harm has already be done. These emotional stresses make a child confused about their future roles, maintaining friendship, exploring his or her potentials as he suffers from lack of confidence and feels himself guilty for all abusive things done on him. A child or teen that has been abused emotionally needs moral support and reassurance that it was not their fault and they are perfectly good like others, they are not less than others in any respect. 3. Many children who have experienced, or are experiencing emotional abuse are prone to be drugaddicted as a form of escape from their frustration feeling. These children are vulnerable to HIV/AIDS and other transmitted infections. Many child survivors of child abuse require psycho-social counseling and life skills training so that they can return to the right track of life. 4. Again services for abused children are few. Children who have a lack of economic opportunities and poor education are also more at risk of being abused. 5. Although policies for child right development had been taken in the government agenda theoretically but have no clear plan about how government will fulfill the targets and how they will solve the problems. 6. Government ministries and agencies working on child protection are often grossly under-funded and their allocations are very poor compared with other sectors. 7. Traditional cultural norms and rituals often allow flexibility in the issues of violence against children, child labor, child marriage or Child maltreatment. These are often seen as family or religious matters & are not within the power of the government or NGOs to intervene. However, awareness-raising campaigns have been successful in bringing change in social thinking but still these are not very satisfactory. 8. Children’s rights to care and protection are outlined in the UNCRC, which states that every child has the right to be free from abuse, exploitation and neglect. But millions of children worldwide face violence and abuse in all places, even at home and in school which places are thought to be the safest places for children. It is extremely difficult to find reliable statistics for the numbers of abused and exploited children as the guardians do not want to reveal these to the society in fear of future problems but by this silence, abused children suffers most as they feel themselves guilty for all things. 9. In Bangladesh, child protection tends to focus on a specific point: protection from sexual violence. But child protection is not only the protection from sexual violence but also protection from physical, emotional abuse, neglect and commercial exploitation. Therefore Bangladesh needs to define child protection in a more comprehensive way so that children at risk can be saved by proper initiatives within time. 10. There are lots of laws in Bangladesh that seek to protect children from negligence, cruelty, exploitation and abuse and to promote their development. However, existence of these laws does not necessarily imply the proper protection of children from different forms of abuse. Implementation of these laws is seen as a challenge as it lacks co-operation of all and it is also resourceintensive. 11. Progress in children’s well-being has lagged behind in some areas in particular, nutrition, water and sanitation, and protecting children from abuse and exploitation. Therefore this area needs much more attention to protect children from all probable harms and to ensure sustainable development of children. (UNICEF, 2012) 12. PROPOSING A STRENGTHENED CHILD PROTECTION SYSTEM 12.1. Monitoring & Reporting Ensuring rights of every child is government’s duty. Community based child protection mechanism need to be developed by the help of government. A central committee for prevention of child abuse should be formed under the Ministry of Women & Child affairs who will observe child abuse issues exclusively. The committee will be divided into many sub- committees who will deal different types of child abuse separately. District-wise sub-committees should be formed to investigate the reports of child abuse in that district which will be reported by area based observatory groups. Area based observatory groups should be formed in every area to observe if any child is being emotionally abused in that area. These all things are shown by the following figure: 12 Ministry of Women & Children Affairs Central Committee for redressing Child Abuse Subcommittee for Physical abuse Subcommittee for Sexual abuse abuse Subcommittee for Commercial Exploitation Subcommittee for Emotional abuse District wise Subcommittee Area based observatory Group including community people Figure 2: Proposed Monitoring & Reporting Mechanism 12.2. Prevention, Protection & Punishment (3 P’s) Framework In order to resolve this issue, 3 P’s (Prevention, protection & punishment) framework should be adopted. Not only adoption, these should be strictly implemented by proper authorities. While addressing this issue, we should adopt sensitive humanitarian approach rather than mere penalising the offenders. Therefore 2 P’s (Prevention & Protection) should be more emphasised than punishment. Prevention scheme includes awareness program in media (TV, Newspaper), rally, and schools etc. explaining harmful impact of emotional abuse on child & punishment provisions for abusers. As awarenessraising on children’s rights and social mobilization may contribute to improvements in case of child protection, so we can adopt various awareness raising programs to change societal traditional thinking of child as family property in order to prevent emotional abuse of a child. To raise awareness, chapter containing different aspects of abuse & how it can be prevented should be included in the educational curriculum till the tertiary stage of education. Again protection scheme may be divided in two parts: pre-abuse (including Prevention scheme) & post-abuse. Preabuse protection system includes initiatives taken to prevent abuse. Post-abuse protection system should include psychological counseling & shelter home for abused children for a short time considering the Principle of the Best Interests of the Child & Principle of the Right of Participation of Child mentioned in the CRC & successful reporting mechanism for real & probable abusers. To protect the child rights the government and the people 13 should take necessary steps from root level to the middle level for establishing reformatory, rehabilitation centers, drop- in centers, helpline and arranging psycho- social counseling and providing necessary treatment, food and entertainment at Division, District, Upazila and even at the Union level for the poor children to solve the abusing problem. Punishment scheme should include punishments under reformative & deterrent theory. Punishment skim may include warning & mandatory training for abuser family in order to develop their way of thinking about their children (Reformative theory of punishment) & in case of more than one abuse complaint for the same family, punishing under deterrent theory of punishment by the way of fine & imprisonment. 13. OTHER RECOMMENDATIONS To resolve the issues of emotional abuse of children, the following recommendations are made in the context of Bangladesh: 1. Government must establish a proper monitoring and reporting mechanism on child abuse cases. 2. Case studies of different countries (Brazil, Chile, Ethiopia and Vietnam) show that progress for children has occurred where governments have translated ambitious policy commitments into detailed programs that make links between sectors, and have invested in the capacity to implement them (Save The Children, 2012). Therefore Bangladesh government needs to prepare detailed programs linking between sectors & community in order to protect children. 3. Necessary legal reforms must be undertaken. Domestic Violence (Prevention & Protection) Act, 2010 should be revised including other necessary requirements in respect of monitor, report, protection & punishment aspects. 4. Government with other sectors needs to take a focused action in redressing emotional abuse. 5. Counselling programme in schools to raise awareness regarding emotional abuse of children should be initiated. 6. A chapter regarding child rights, types of child abuse, how to get help from required authority should be added in the course-curriculum from the very beginning of the school life to raise awareness of children in this regard. 7. Guardians should be more conscious about their role as guardian and they should come out from traditional oppressive thinking structure, rather they should bring positive attitude in their character to ensure the full development of their children. 14. CONCLUSION Simply stated, emotional abuses of children are the bad treatment of children under the age of 18 by parents, caretakers or others. Emotional abuses of children are those things that cause injuries or put children in danger of injuries. Children have the right to life, survival & development. Right to life does not mean only being physically alive; rather it means to live fully, meaningfully & without fear. Without emotional development, children cannot enjoy right to life properly & cannot be developed in the true sense of the term & become burden in the present & future relations. An emotionally abused child faces lots of psychological problems which ultimately affects the development of the nation. Due to difficulty of identification, this abuse is occurring silently & abused children’s are dying in every moment under the curtain of traditional societal structure on which proper attention of all is the exigent need. Avoiding this aspect of children’s abuse, we cannot expect child in its best developmental stage & also a nation in its best developmental condition. Therefore Strengthening a Child Protection System to redress the sensitive issue of emotional abuse of children is now not a small issue, rather it is the very demand of time. 14 16. References 1. Bangladesh. Ministry of Women and Children Affairs (2005). ’National Plan of Action for Children – Bangladesh’. Draft. Tejgaon, Dhaka: Bangladesh Government Press. Available at: http://www.lcgbangladesh.org/Education/reports/NPA%20Master%20Clean%20Final%2022%20June%20 2005.pdf (Accessed 7 July 2012) 2. 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