BUILDING A EUROPE FOR AND WITH CHILDREN: TOWARDS A STRATEGY FOR 2009-2011 Seminar 1: Violence against children: linking international cooperation to national strategies Stockholm, 8 September 2008 Draft European Policy Guidelines for Integrated Strategies against Violence 2 More information about Council of Europe Programme "Building a Europe for and with Children" can be found in: www.coe.int/children For any further information, you may contact the Programme’s co-ordination unit: Elda MORENO, Programme Manager Tel.: + 33 (0)3 88 41 22 62, E-mail: elda.moreno@coe.int Lioubov SAMOKHINA, Programme Officer Tel.: + 33 (0)3 88 41 20 24, E-mail: lioubov.samokhina@coe.int Maarit KUIKKA, Programme Officer Tel: + 33 (0) 3 90 21 48 29, E-mail: maarit.kuikka@coe.int Consuelo HOLTZER, Communications and Publishing Co-ordinator Tel.: + 33 (0)3 41 39 64, E-mail: consuelo.holtzer@coe.int Michelle STAEHLI, Assistant Tel.: + 33 (0)3 90 21 52 51, E-mail: michelle.staehli@coe.int Fax: + 33 (0)3 90 21 52 85 Council of Europe Directorate General for Social Cohesion Coordination Unit of the Programme “Building a Europe for and with Children” F- 67075 Strasbourg Cedex France 3 Analysis of national policies to prevent violence against children I. Background The Programme “Building a Europe for and with children” stems from the firm commitment of Council of Europe member States to promote children’s rights and eradicate all forms of violence against children. The Programme’s prime objective is to help decision makers and stakeholders set up and implement national strategies and policies to promote children’s rights and to eradicate violence against children, as recommended by the Committee on the Rights of the Child and the UN Secretary General’s Study on Violence against Children. In order to formulate recommendations at European level for the setting up of integrated strategies against violence, the Programme has started reviewing national policies and practices in Council of Europe member States. The methodology, developed by the Programme includes the in-depth analysis of the scale and nature of violence against children, the legal and institutional frameworks put in place to counter this phenomenon, the recent trends in policy making, the national and local prevention strategies and their implementation. Four countries volunteered for the first national policies reviews: Italy, Portugal, Norway and Romania. Pursuant to the broad national consultations and debates organised in each pilot country, four national reports have been prepared containing proposals for the content and structure of a model national strategy against violence and suggesting examples of national and local best practices for inclusion therein. Based on the conclusions and recommendations formulated in the four national reports and bearing in mind the recommendations contained in the UN Study on Violence against Children and the work of the Council of Europe, including its programme “Building a Europe for and with children” and the Council’s standard setting activities, including the recent conventions on action against trafficking in human beings and on the protection of children against sexual exploitation and sexual abuse, and recalling the 2007 EU Guidelines on the Promotion and Protection of the Rights of the Child, the document appearing below represents the first draft of the prospective European policy guidelines for integrated strategies against violence addressed to the decision makers at national, regional and local levels. The draft document will be discussed at two meetings of the Editorial Group, convened by the Programme in June and October 2008, as well as at the High-level Conference “Building a Europe for and with Children – Towards a Strategy for 2009-2011”, organised under the auspices of the Swedish Presidency of the Council of Europe Committee of Ministers on 8-10 September 2008 in Stockholm. The Guidelines are expected to be officially adopted by the Council of Europe Committee of Ministers in the course of 2009. 4 II. Draft European Policy Guidelines for Integrated Strategies against Violence (for the revision by the High level conference “Building a Europe for and with Children – Towards a Strategy for 2009-2011”, 8-10 September, Stockholm) Preamble The member States of the Council of Europe; Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Recalling the international commitments on children’s rights entered into by countries when ratifying Council of Europe and other international instruments, including the UN Convention on the Rights of the Child, which has been ratified by all member States; Recalling the Action Plan adopted at the 3rd Summit of Heads of State and Governments of the Council of Europe (Warsaw, 16-17 May 2005), calling for the elaboration of measures to eradicate all forms of violence against children; Recalling in particular the Council of Europe programme “Building a Europe for and with children” and its focus on “Children and Violence” addressing social, legal and health dimensions of violence against children1; Recalling Article 19 of the United Nations Convention on the Rights of the Child (hereinafter “UNCRC”) on the right of children to protection from all forms of violence and at all times; Observing that violence against children exists in every State and cuts across boundaries of culture, class, education, income, ethnic origin and age; Recognising that exposure of children to violence compromises their development and affects the enjoyment of their fundamental rights; Considering that children’s uniqueness – their human potential, their fragility and vulnerability, their dependence on adults for the growth and development – make an unassailable case for more, not less, investment in prevention and protection of children from violence; Recalling the recommendations of the UN Secretary-General’s Study on Violence against Children, including the recommendations to develop a multifaceted and systematic framework to respond to violence against children which is integrated into the national planning process through a national strategy, policy or plan on violence against children, 1 For a complete account of activities organised within the framework of the action against violence, please refer to Council of Europe’s web site: http://www.coe.int/t/transversalprojects/children/violence/Default_en.asp 5 and identify a focal point, preferably at ministerial level, to oversee the implementation of measures to prevent and respond to violence against children; Persuaded of the need to promote an integrated approach to address violence against children and child well-being as a whole; Addresses the following recommendations to decision makers at national, regional and local levels and asks them to take these recommendations into account while formulating integrated strategies to eradicate violence against children: GENERAL PRINCIPLES Child-rights approach: 1. Under international human rights treaties, children are entitled to the same rights as adults. This includes the right to human dignity and physical integrity and the right to be protected at all times from all forms of violence; 2. Because of vulnerability linked to their age, children should receive more, not less, protection against violence than adults. Indeed, any denial of children’s human rights must be equated with perpetration of violence against them; 3. States have the primary responsibility to uphold children’s rights, including the right to protection from all forms of violence. States shall render appropriate assistance to parents in the performance of their child rearing responsibilities and ensure the access of all children to services of quality: a) No violence against children is justifiable. As opposed to adults, children should receive more, not less, protection against violence; special protection should be ensured to children who are at a greater risk; b) All violence against children is preventable. States must invest in evidencebased policies and programmes to address factors that give rise to violence against children. Mechanisms must be put in place to ensure accountability in every case acts of violence against children occur; 4. All children, regardless of their age, gender, race, national, social or ethnic origin, disability, social or other status, should be protected from all forms of violence and be provided with such care and assistance as is necessary for their development and well being; 5. In all actions affecting children, including those undertaken to protect children from all forms of violence, the best interests of the child must be the primary consideration. 6 Child participation: 1. Children are entitled to participate in decisions affecting them and they must be actively engaged and empowered, according to their evolving capacity, to participate meaningfully in the planning, implementation and evaluation of policies and programmes against violence; child participation should pursue the best interest of the child; 2. Children’s views on all aspects of violence prevention, detection, response and follow-up should be respected by all appropriate public authorities and all other relevant actors. This could be done inter alia in the following way: an obligation to take children’s views seriously must be build into the national child protection laws and procedures. Children’s views should be given due weight in accordance with their age and maturity; children should have easy access to information about their rights, and childfriendly information should be developed and promoted in relation to all matters affecting children; initiatives, including surveys with children, should be promoted to assess children’s views and perspectives and influence the development, implementation and evaluation of policies to prevent and address violence against them; child victims of violence should have the right to participate in proceedings affecting them and should be given appropriate legal advice; children must enjoy their right to participation without discrimination of any kind; children’s organisations and child-led initiatives to address violence, guided by the best interest of the child, should be supported by all appropriate authorities and by population at large; a systematic approach to increasing public awareness of participatory rights of children guided by the best interest of the child should be promoted (also refer to section Building a culture of children’s rights); - - - - - 3. Families, including both mothers and fathers, and other carers should be encouraged to participate most actively in all matters affecting their children, provided their actions are governed by the child’s best interest. SCOPE 1. The child is defined as every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier2; 2. 2 For the purpose of the guidelines the childhood shall start at birth; UNCRC, Article 1 7 3. Noting the distinction existing in some States between “child” (under 14 years) and “young person” (between 14 and 18 years), the scope of the guidelines should be understood as comprising both of the above categories and applicable to all ages; 4. The definition of the child used throughout this text includes child victims, child witnesses and child perpetrators of violence. DEFINITIONS 1. In the light of Article 19 of the Convention on the Rights of the Child, violence is defined as all forms of physical or mental violence, injury and abuse, neglect and negligent treatment, maltreatment and exploitation, including sexual abuse3 (please refer to the glossary of terms contained in Appendix I ). Different types of violence are linked in many important ways and often share common risk factors, and action against violence must follow a holistic approach and emphasise non-tolerance of all forms of violence; 2. Violence is understood to occur not only between adults and children but also between children. FRAMEWORKS Legal framework: 1. Numerous legally binding instruments have been adopted at global and regional levels safeguarding the rights of the child and protecting children from various forms of violence4. Accession to these international legal instruments should be strongly encouraged and, once ratified, they should be effectively implemented, as they set out standards for the development of national legislation, policies, plans and programmes on the rights of the child, and for addressing violence against children; 2. To ensure adequate protection of children from all forms of violence, the UNCRC should be fully incorporated into national legal frameworks, and reservations contrary to the Convention should be withdrawn. A comprehensive legislative approach to ensure conformity with the rights enshrined in the UNCRC, including to safeguard children’s protection from all forms of violence, is essential; 3 UNCRC, Article 19 The non-exhaustive list of international treaties relevant to the promotion of children’s rights and protection of children from all forms of violence appears in Appendix II. Appendix III provides the list of recommendations in the field of child protection adopted by key Council of Europe bodies (Committee of Ministers, Parliamentary Assembly and Congress of Local and Regional Authorities). 4 8 3. National laws, policies, plans and programmes should be brought in compliance with the Convention and all other international legal instruments protecting the rights of the child and combating all forms of violence against children; 4. Discrimination against children on any ground, including on the basis of race, colour, gender, language, religion, political or other opinions, national, ethnic or social origin, sexual orientation, property, disability, birth or other status must be prohibited by law, and children’s universal and equitable access to basic social services of quality, including to education, to health and to justice, must be ensured; 5. National legislation must prohibit all forms of violence against children at all times and in all settings (e.g. in institutions, penal system, at school, in the home, etc.). A legal framework in particular should: - - - - - provide a legal definition of violence against children in line with Article 19 of the UNCRC; explicitly prohibit all forms of violence against children, including physical, psychological, sexual violence, exploitation and negligent treatment in all circumstances and settings; ensure that all children under the age of 18 are protected from all forms of violence regardless of gender, age and/or other status; psychological violence (ranging from verbal abuse through forms of humiliation, harassment and isolation not involving physical violence) should be afforded equal weight by the law. Attempt to commit, complicity or participation in any of these acts must also be prohibited; provide, when necessary, protection measures to prevent/avoid the re-occurrence of acts of violence against children; repeal legal defences and authorisations for any form of violence against children, including physical, psychological, sexual violence and negligent treatment; explicitly prohibit all forms of violence against children, including physical, psychological, sexual violence, exploitation and negligent treatment in all circumstances and settings; under no circumstances a child who is victim of violence should be criminalised for acts that are clear consequences of his/her status of victim of violence (e.g. incest, prostitution); incorporate appropriate sanctions for violations and provide recovery and rehabilitation for victims as required by Article 39 of the UNCRC5. 6. In criminal law, legislation should contain age-sensitive definitions of violent criminal offences (for example, what constitutes torture of a child) – when criminal legislation does not specifically refer to children, the fact that the victim is a child Article 39 of the UNCRC reads as follows: “States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflict. Such recovery and reintegration shall take pace in an environment which fosters the health, self-respect and dignity of the child.” 5 9 normally constitutes aggravating circumstance. Other aggravating circumstances are the abuse of authority or of a relation based on economic or any other form of dependency; 7. Prohibition should give particular coverage to the following forms of violence against children: - - - - - all forms of sexual violence and abuse, sale of children, child pornography, child prostitution and other forms of exploitation, sex tourism and trafficking for any purpose or in any form6; all harmful traditional or customary practices, such as early or forced marriage, honour killing and female genital mutilation, which violate the rights of children and women; exposure of children to violent or harmful information and material, irrespective of its origin and through any means, that may have a negative impact on children’s psychological development; all corporal punishment and all other cruel, inhuman or degrading treatment or punishment of children, both physical and psychological. Any justifications for violence against children, including as a form of “discipline” or “control”, should be removed from criminal and/or civil code, children’s law or family law, sectoral laws and regulations applying to schools, penal systems and all forms of institutional and alternative care of children. Legislation should prohibit all forms of corporal punishment, including occasional as well as repeated punishments and the full range of physical punishments, even those considered “mild”. Any defence of “reasonable chastisement” or “lawful” or “moderate” correction as means for disciplining a child in the home, in schools, as well as in care and justice institutions should be removed from statute and common law; exposure of children to economic exploitation and any hazardous or harmful labour should be prohibited. Effective measures must be taken to secure effective prohibition and elimination of the worst forms of child labour, in particular all forms of slavery or practices similar to it.7 8. A minimum age must be set for sexual consent and marriage that is not discriminatory on the basis of sex or sexual orientation. The age should be specified and it should not be left to the discretion of the judiciary to determine whether the child has reached “sexual maturity” or “puberty”; 9. Legislation should give national authorities jurisdiction over sexual offences against children committed by their nationals abroad; 6 Please also refer to in particular to Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197; 2005/2008) and Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201: 2007/…). Please also see Article 35 of the UNCRC and the Palermo Protocol. 7 Please also refer to Convention concerning the Minimum Age for Admission to Employment and Work (ILO 138) and the Convention concerning the Prohibition and Immediate Action for the Elimination of Worst Forms of Child Labour (ILO No. 182) 10 10. Sexual offences against children should be made extraditable offences, abolishing the requirement of double criminality; 11. Legislation aimed at promoting and protecting children’s rights must be properly enforced, including through the provision of guidance to all relevant actors. To be effectively enforced, legislative framework must be supported, including by relevant institutions, and human and financial resources. Policy making: 1. No national policies should be indifferent to children’s rights, including the right to protection from all forms of violence. To create the safest possible environment for all children, an integrated and cross sectoral policy approach should be pursued and the horizontal collaboration by all levels of intervention promoted; 2. Parents have a primary responsibility for the upbringing and development of the child, and a wide range of programmes should be drawn up to support parents in their child rearing responsibilities and improve parental skills and family management. The programmes could target first time parents; parents of children of specific age; families belonging to minorities; families having children with disabilities; couples wishing to improve communication and conflict resolution skills, other carers, teachers, etc. Appropriate training material should be developed in support of each of the programmes; 3. Children have the right to grow up in a family environment, and policies should be developed to prevent the separation of children from their family and to support community-based alternatives to placement of children in institutions, ensuring that institutionalised care is used only as a measure of last resort. Placements of children in care and detention must be subject to regular reassessments, allowing the transfer of children to family or community-based care. Solutions should always pursue the best interest of the child8; 4. Positive and non-violent forms of child-rearing should be promoted among parents (both mothers and fathers) and other persons caring for children. Positive parenting refers to parental behaviour based on the best interest of the child. It provides nurturing, empowering, recognition and guidance, which involves the setting of boundaries to enable the full development of the child9; 5. Gender aspects of violence must be addressed as part of the integrated policies against violence, and due account must be taken of the different risks girls and boys face in respect of violence and the different consequences of violence for boys and girls; Please also refer to Recommendation Rec(2005) 5 of the Council of Europe’s Committee of Ministers on the rights of children living in residential institutions and Draft UN Guidelines for the appropriate use and conditions of alternative care for children 9 Please refer to Recommendation Rec(2006) 19 of the Council of Europe’s Committee of Ministers to member states on policy to support positive parenting 8 11 6. Particular priority should be given to policies aimed at reducing poverty and marginalisation, at addressing unemployment, income gaps, and at improving social networks and the participation within and between different community groups, as well as at facilitating social inclusion of migrant communities and migrant children in particular; 7. Specific policies should be formulated to ensure that particularly vulnerable groups of children are protected from all forms of violence. These groups include for example children with disabilities, children in or having experienced state care, abandoned children, unaccompanied and separated children, refugee and asylum seeker children, children belonging to minorities, children working and/or living on the street, children living in extreme poverty, children in juvenile justice system, and others; 8. Specific policies, based on research, evidence, and children’s own experience, should be developed to prevent, detect and respond to cases of violence against children. Policies and measures developed in related policy areas, such as domestic violence, trafficking, female genital mutilation, should be properly co-ordinated, and their outputs should be mutually reinforcing; 9. Standards must be established for all institutions, services and facilities responsible for the care and protection of children, including within the juvenile justice system, particularly in the areas of safety, health, in the number and professionalism of staff, as well as competent independent supervision. Conformity to the standards should be regularly monitored; 10. To prevent persons convicted of violent offences and sexual abuse of children from working with children, all institutions, services and facilities responsible for care and protection of children should ensure a mandatory pre-employment checking of their staff. A national database should be established allowing easy background checks. During the recruitment procedure, other measures could be taken, as deemed appropriate, to minimise the risk of children being subjected to violence. Integrated national and local action National level: 1. A multi-faceted and systematic framework, fully integrated into a national policy for the promotion and protection of children’s rights and bringing together all partners, including most notably children and families, represents the most effective response to violence against children that is sustainable over time (hereinafter “integrated strategy for the protection of children against violence”); 2. An integrated strategy for the protection of children against violence must contain realistic and time-bound targets, be supported by adequate human and financial 12 resources, be based on current scientific knowledge and be systematically evaluated. An authority entrusted with primary responsibility for the eradication of violence against children should play a key co-ordinating and monitoring role as far as the strategy’s implementation is concerned. The authority’s capacity to involve multiple sectors in a broad-based action is crucial for the strategy’s long-term success; 3. All actors concerned with the promotion and protection of children’s rights, such as national, regional and local authorities, independent institutions, including most notably Ombudspersons, non-governmental organisations, all professionals working with and for children, the private sector and representatives from the civil society, must be involved in the design, implementation and monitoring of the integrated strategy on violence against children. A prominent role in this process should be attributed to children who should not only be heard but be empowered to contribute to the strategy’s development and implementation. The latter implies in particular committing adequate resources to promote children’s meaningful participation; 4. Specific methods, tools and methodologies should be developed to assess progress and evaluate programmes, measures and actions at all levels, including crosssectoral, that are appropriate and effective in preventing and addressing all forms of violence against children. Evaluations should be conducted on a regular basis, and their results should be taken into account in any follow-up action; 5. Information on the integrated strategy’s implementation must be disseminated on a regular basis. The visibility of violence against children and the actions undertaken to prevent and address it should be increased inter alia through their discussion in elected fora at national, regional and local levels. Regional/local level: (please also refer to sections on Social and health care services and Reporting and referral) 1. Co-ordinated community interventions, involving all sectors of relevance to the realisation of the rights of the child and geared towards improving services and programmes for children, should be strongly promoted. Such interventions could be effected through platforms or networks bringing together all relevant actors, i.e. municipal authorities, social services, schools, police, non-governmental organisations, local judiciary, hospitals, the private sector, as well as children and families; 2. The involvement of the private sector should be welcome for all programmes, projects and actions aimed to prevent and combat violence against children. It could be particularly beneficial for small municipalities, lacking adequate financial and other resources for the setting up and/or maintaining of effective services for the prevention of violence against children; 3. National and regional authorities should provide adequate support to local violence prevention programmes in terms of financing, methods, training, evaluation and 13 follow-up in order to ensure their sustainability. Strong synergies should be established between actions at national, regional and local levels; 4. Regions and municipalities should reinforce co-operation and co-ordination amongst themselves, including through the exchange of practices and lessons learnt. Institutional framework: Integrated strategy for the protection of children against violence will be effective if it relies on a sustainable institutional framework comprising the following key elements: - an authority should be entrusted with the primary responsibility for the eradication of violence against children. This authority should play a key coordinating and monitoring function as far as the strategy’s implementation is concerned; - each public institution in the field of the rights of the child should have a clearly defined role, consistent with the broader goals set out in the integrated strategy against violence. An institution’s mandate should provide for an obligation to collaborate with the aforementioned co-ordinating authority and all other institutions and actors, including civil society, involved in the action against violence. The institution’s mandate and the job descriptions of its staff must be linked to each other; - an independent institution must be established with a responsibility for promoting and protecting children’s rights (e.g. ombudsperson or commissioner for children). This institution must be accorded such powers as are necessary to enable it to discharge its mandate effectively, including the power to hear any person, obtain any information and/or document necessary for assessing situations falling within its competence, and perform an independent monitoring role of the government’s actions, particularly those to eradicate violence against children. This institution must be provided with adequate infrastructure, funding (including specifically for children’s rights, within broad-based institutions), staff, premises, and freedom from forms of financial control that might affect its independence;10 - all institutions working for and with children should be accredited and registered with competent public authorities on the basis of relevant regulations and national minimum standards of care. On the basis of these standards, an efficient system of monitoring and external control should be established. Any 10 Please also refer to the Principles relating to the status of national institutions for the promotion and protection of human rights (“The Paris principles”), UN General Assembly resolution 48/134 of 20 December 1993, annex. 14 infringements of the rights of children in such institutions should be sanctioned in conformity with appropriate and effective procedures11; - the responsibility for the coordination of data collection and management, analysis and dissemination relevant to the issue of violence against children should be entrusted to one institution, possibly an observatory on children; - the necessary links between institutions at national, regional and local levels should be clearly established, and effective partnerships should be developed based on the clear division of competences fixed in respective partnership agreements; - civil society should be seen as an integral part of the institutional framework, and all relevant actors, such as non-governmental organisations and professional networks, should be involved in the integrated strategy’s design, implementation, evaluation and follow-up. BUILDING A CULTURE OF CHILDREN’S RIGHTS A qualitative change in the perception of violence against children, as well as in the perception of children and childhood as a whole, can only be achieved when all segments of society have become sufficiently informed about children’s rights; when organisational cultures and practices have been revised and bridges built across professions to afford more and better protection to children; when attitudes to violence have been radically changed, including through the means of modern information and communication technologies – in other words it is only possible when a genuine culture of children’s rights has permeated society’s fabric. Awareness raising: 1. Information on children’s human rights, including the right to respect for their human dignity and physical integrity, should be made accessible and widely disseminated among children and the general public (e.g. through family centres, kindergartens, schools, media, sports associations, religious organisations, etc.); 2. Awareness of positive parenting practices should be increased amongst all categories of carers for children, including through their participation in parenting programmes; 3. A clear and unequivocal intolerance of violence against children should be built among all society’s segments. An understanding of the fact that all individuals share the 11 For standards applied in particular to children placed in institutions, please refer to Recommendation Rec(2005) 5 of the Council of Europe’s Committee of Ministers to member states on the rights of children living in residential institutions 15 responsibility for condemning and preventing violence and assisting children should be widely promoted; 4. Public attitudes rooted in social and cultural norms and traditions, which condone or support violence, including stereotypical gender roles, racial or ethnic discrimination, acceptance of corporal punishment and other harmful traditional practices, must be addressed. Where appropriate, close collaboration should be established with minority and religious communities; 5. Public information and media campaigns should be organised on a regular basis to sensitise the general public about children’s rights and the harmful effects that violence has on children. Professional training: 1. It is the state’s obligation to instil the culture of children’s rights and responsibility for the children’s development and well-being amongst all professionals working for and with children (e.g. social workers, police officers, judiciary, teachers, immigration and humanitarian workers, etc.). Strong knowledge of children’s human rights, based on the UNCRC and all other relevant international legal instruments, should be built among these categories; 2. All professionals working with and for children should have skills to prevent, detect and respond to violence against children. To this end, national curriculum regulations should include a requirement for all professionals to undergo a compulsory initial and continuous in-service training on violence identification and prevention. Such a training should follow a multi-sectoral and integrated approach, offering both multiprofessional and specialised programmes. Appropriate materials should be developed to accompany the training process. Effectiveness of the programmes and the quality of the teaching materials/methods should be evaluated and assessed on a permanent basis; 3. Specialised training should be provided for professional staff working for and with children with disabilities, such as medical, paramedical and related personnel, teachers, social workers, etc.; 4. Professionals’ ability to detect violence against very small children, as the least visible, should be reinforced by building knowledge, competences and skills in dealing with this vulnerable group; 5. Professional qualifications obtained by staff working for and with children should be appropriately recognised and taken into account during recruitments, promotions, etc. 16 Media and Information Society: 1. Free and independent modern media should become a real power in promoting the culture of children’s rights, and in preventing violence against children and safeguarding the rights of child victims of violence. Offering countless sources of information and influencing society in an unprecedented way, the media should be encouraged to play a key role in spreading information about children’s rights to children and the public at large, promoting participation and interactivity, and enhancing the skills and knowledge of parents, carers, professionals working with and for children on how to promote children’s rights and ensure children’s protection from all forms of violence12; 2. There is a strong link between the increase in violence in society and the violent images conveyed by television, the Internet and computer games. Being capable, by their very nature, of promoting a change in attitudes and behaviours, media should be at the forefront of spreading non-violent values in the society, incorporating the prohibition and rejection of all forms of violence against children in all media coverage13; 3. Those responsible for the media content should fully assume their duties and responsibilities which the exercise of their freedom of expression entails. This could be done e.g. through the establishment of codes of conduct or internal guidelines, which include standards for evaluating content, the setting up of control mechanisms for monitoring the implementation of self-regulatory standards, regular contacts with national regulatory authorities, etc.14; 4. An integrated approach to national media policy implies addressing not only those responsible for the media content but the professional and social sectors concerned as a whole. This approach should embrace inter alia: - - 12 developing a coherent information literacy and training strategy which is conducive to empowering children and their educators in order for them to make the best possible use of information and communication services and technologies15; establishing independent regulatory authorities, enabling media consumers to lodge complaints with the regulatory authority or another competent national body; raising media professionals’ awareness on children’s rights and the problem of violence against children, including with the objective to prevent the negative portrayal by media of children of certain age as being violent and delinquent. Please also refer to Recommendation 1466 (2000) of the Council of Europe Parliamentary Assembly on Media Education. 13 Please also refer to Recommendation Rec(97)19 of the Council of Europe’s Committee of Ministers on the Portrayal of Violence in Electronic Media 14 Please also refer to Recommendation Rec(2001) 8 of the Council of Europe’s Committee of Ministers on self-regulation concerning cyber-content 15 Please also refer to Recommendation Rec(2006) 12 of the Council of Europe’s Committee of Ministers on empowering children in the new information and communication environment 17 5. As regards access to and the use of media by children at home and in school, as well as with respect to their understanding of violent messages, words and images transmitted by the media, parents and teachers have a special responsibility. They may assume this responsibility in various ways, including by using the media in a conscious and selective manner, stimulating children to develop a critical attitude (e.g. through media education within the family and in schools), or examining ways of restricting children’s access to violence portrayal where this is likely to adversely affect the latter’s physical, emotional or psychological well-being; 6. The establishment of media by children and with children, including to address the problem of violence should be strongly encouraged. CHILD-FRIENDLY SERVICES AND MECHANISMS Social and health care services: 1. High-quality child- and family-friendly social and health care services should be made available and accessible to all children and families. Preference should be given to the promotion of multidisciplinary and co-ordinated models, comprising e.g. child welfare, child health clinics, educational-psychological service and family guidance. Certain types of services, such as early child development, home visitation, pre-and postnatal services, should be made available particularly to disadvantaged families. Increased support should be provided to vulnerable families, such as families with children living in poverty, families caring for children with disabilities, single-parent households, etc.; 2. In order to avoid duplications or lacunae in the provision of services at local level, all public authorities with a role in the realisation of children’s rights should have their respective mandates clearly established. The role of each agency/authority should be communicated to the public; 3. Institutions, services and facilities responsible for the care and protection of children should be encouraged to adopt codes of conduct, incorporating the prohibition and rejection of all forms of violence against children, and be expected to fully adhere to these codes. Model job descriptions should be established for each category of professionals working for and with children, which integrate an obligation to respect children’s rights and report cases of violence against children to competent authorities; 4. Bearing in mind the often difficult physical and psychological environment surrounding social services, sufficient support should be rendered to their staff, particularly those dealing with cases of violence against children, in terms of effective supervision, additional training, psychological assistance, and possibility of setting up professional interest groups. 18 Reporting and referral: 1. Children should be provided with relevant information and knowledge about their human rights, including the right to be protected from all forms of violence, and about mechanisms and institutions where they can report on cases of violence against them; this is an important precondition to empower them to confide in someone whom they trust if they have been abused, and overcoming stigma frequently associated with reporting of violence; 2. To be truly effective, the reporting of violence should be part of a broader system comprising the reporting, the referral and the provision of support services. Such a system should pursue the child’s best interest and afford the child and his/her family as much protection and confidentiality as is possible; 3. Reporting of violence against children to competent authorities should become mandatory for all professionals working for and with children and families, including organisations and private entities performing tasks for the state. Guidance explaining the reporting procedure should be adopted and widely disseminated. In order to encourage reporting, legislative changes can be introduced with a view to: - protecting the professionals who reported or initiated complaints, from liability, including in cases of reasonable mistakes in the assessment of risk of abuse; allowing the professionals to break the principle of confidentiality; withdrawing a requirement for the professionals to obtain a permission from parents or those acting in loco parentis for filing a complaint of violence. 4. Where mandatory reporting already exists, the extent to which various agencies report cases of violence against children should be examined to ensure that the information reaches agencies with the authority to implement measures without undue delay; 5. Procedures for the referral of children who suffered from violence and the modalities for inter-agency co-operation in this regard should be clearly defined (i.e. between social services, education, health, police, prosecution authorities, as well as voluntary and private agencies). Such procedures should take a due account of the child’s and his/her family’s views and of the child’s best interest; 6. Every locality and every setting, which includes or involves children and families must have a well-publicised, confidential and easily accessible service required to investigate reports on allegations of violence against children. All children, including those in care and in justice institutions, as well as their parents, representatives and other carers, should be given relevant information on such mechanisms of complaint; 7. An independent, confidential, well advertised, easy to memorise, toll-free telephone help line should be available for children to receive help and/or information on their rights, including in cases of violence against them; 19 8. Emergency response services on violence against children should be established in every locality aimed in particular at child victims of rape, domestic violence, etc. The services’ contact details should be widely publicised among children and families; 9. Opportunities provided by new information technologies to promote information on the prevention of violence against children and report cases of violence should be explored, with due regard to the best interest of the child. Recovery and rehabilitation: 1. Health, social and criminal justice systems should provide a comprehensive highquality assessment and treatment to child victims of violence, their families, as well as violence perpetrators. To meet children’s individual needs, be they victims or perpetrators of violence, the aforementioned systems should effectively co-operate and co-ordinate not only amongst themselves but also with other relevant partners active in the child protection field and in the promotion of children’s rights; 2. Recovery and rehabilitation services should be provided to child victims irrespective of his/her legal or other status (for example in case of children victims of trafficking, migrant children, asylum seeker children, etc.); 3. Criminally liable perpetrators of violence against children should be provided with necessary assessment and care within existing family counselling services, mental health care, prisons, probation services or other institutions as appropriate, while being held fully accountable for their acts; 4. In the design of recovery and rehabilitation services a proper balance should be struck between the programmes addressing individual and relationship factors of violence and those focusing on community and societal aspects; 5. Contributions of non-governmental organisations providing recovery and rehabilitation services to victims and perpetrators of violence should be recognised and encouraged through a variety of practical measures, such as their inclusion into official platforms and working groups, provision of various forms of financial support, etc. Justice system: [This part of the Guidelines will be completed following adoption of Guidelines on Child-Friendly Justice currently being prepared by the Council of Europe. It will deal in particular with the following aspects: 1. children’s right to receive information on the protection of their rights; 20 2. 3. 4. 5. 6. the general respect for children’s views, their right to be heard and to meaningful participation in decision-making; the rights of children in civil and administrative proceedings; the rights of children in criminal proceedings; the means of ensuring the best interest of the child by the justice system; building capacities and knowledge of children’s rights among professionals coming in contact with children at all stages of the judicial process.] RESEARCH AND DATA 1. Availability and proper analysis of disaggregated data on violence against children aids prevention, detection and decision making following abuse. Apart from assisting individual judgments made by social, legal and medical professionals, insights into violence against children also inform wider policy making – for instance decisions about the use of resources, or co-operation between agencies. Adopting a systematic approach to data collection, analysis and dissemination, and research, e.g. through the setting up of a national research agenda, is therefore vitally important, as it allows the integrated strategy against violence to become truly knowledge-based; 2. The systematic and integrated approach to data collection, analysis and dissemination inter alia implies the following: - - - the development of a harmonised methodology with a common set of indicators, allowing in particular to identify groups of children vulnerable to violence; on the basis of the above methodology, a regular statistical monitoring of violence against children at national, regional and local levels and in all the settings where violence takes place; where possible, the collected data should be disaggregated by gender, age, urban/rural household, family characteristics, education and national, social and ethnic origin; co-ordination and dissemination of data at national level should be effected by one authority, preferably an observatory on children; regular evaluation of interventions and various services provided to prevent violence against children; conducting a large-scale and long-term research on the issue of violence against children, including the root causes of violence and the inter-dependence of its various forms (i.e. domestic violence, bullying, forced marriages, child labour, etc.). Special attention should be given to researching children’s own perspectives on and experience of violence, including through surveys conducted with children; systematic review of information work regarding sexuality, attitudes and limit setting, including the assessment of the age groups to be targeted by relevant training programmes; 21 - - ensuring the right of every child to be registered at birth or shortly thereafter, and acquire a name and a nationality, in accordance with national laws and relevant international instruments; properly registering information on children being placed in institutions, alternative care and detention facilities. Cases of violent treatment of children in these placements, as well as follow up steps to investigate and address them, should be recorded. INTERNATIONAL CO-OPERATION General principles: Member States of the Council of Europe should co-operate with each other, in accordance with the provisions of the present Guidelines, and through application of relevant international and regional instruments, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of: - preventing and combating all forms of violence against children; protecting and providing assistance to child victims; investigating or conducting proceedings concerning criminal offences involving violence against children. Appointment of focal points: For the purpose of international co-operation, including co-operation with the Council of Europe, member States should appoint as soon as possible a national focal point for action on children’s rights and on eradication of violence against children 16. The purpose of the focal point would be to respond to the need to co-ordinate efforts at national and international levels and work with the Council of Europe on the development of integrated strategies on the rights of the child and eradication of violence against children. Please refer also to Recommendation A1 of the UN Secretary General’s Study on violence against children, http://www.violencestudy.org/r242 16 22 III. ACTION AT EUROPEAN LEVEL AND BEYOND In addition to measures to be taken individually by Council of Europe member States to implement the above Policy Guidelines, the Council of Europe could contribute to the elimination of all forms of violence against children in the following manner: - - - - by providing a forum for the exchange of national experiences and good practices in violence prevention amongst Council of Europe member States at national, regional and local levels; by supporting the elaboration of such strategies and monitoring their impact; by developing uniform European standards for collecting data on violence against children to enhance its international comparability; by issuing periodic reports to assess progress made, including measures adopted to prevent and address violence against children, and good practices promoted by member States; by providing an interface for all international initiatives in Europe on violence against children and serving as a reference point on this issue for other international organisations, most notably the United Nations and the European Union; by promoting international cooperation and disseminating good practices beyond Europe. 23 Appendix I Glossary of terms Best interest of the child represents one of the general principles of the UNCRC. It imposes the three-fold obligation: a) the obligation of governments and public and private bodies to ascertain the impact on children of their actions, giving proper priority to children and building child-friendly societies; b) an active obligation of states to ensure the necessary protection and care for the child’s well-being in all circumstances, while respecting the rights and duties of parents; c) the obligation on competent bodies to establish standards for all institutions, services and facilities for children and the obligation of state to ensure that these standards are complied with (Implementation Handbook for the Convention on the Rights of the Child); Child abuse is any kind of harm done to children, including through neglect, physical, sexual or mental violence by someone who is responsible for them, or has power over them, that they should be able to trust (web site of the UN Secretary General’s Study on Violence against Children); Child exploitation Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs (Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime); Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes (Article 2 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography); Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration (Article 2 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography); Child trafficking means the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation even if this does not involve any of the means set forth in subparagraph (a) of this article [the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person] – Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime. Also see the definition of “Trafficking” below 24 Corporal punishment is a form of violence, defined as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light, to a child (Committee on the Rights of the Child, General Comment No. 8); Neglect means the failure of parents or carers to meet a child’s physical and emotional needs when they have the means, knowledge and access to services to do so; or failure to protect him or her from exposure to danger (World Report on Violence against Children); Psychological violence refers to insults, name-calling, ignoring, isolation, rejection, threats, emotional indifference and belittlement and other behaviour that can be detrimental to a child’s psychological development and well-being; Sex tourism means trips organised from within the tourist sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination (UNWTO Statement on the Prevention of Organised Sex Tourism (1995)); Sexual abuse means engaging in sexual activities with a child who, according to the relevant provisions of national law, has not reached the legal age for sexual activities (this does not apply to consensual sexual activities between minors) and engaging in sexual activities with a child where use is made of coercion, force or threats; abuse is made of a recognised position of trust, authority or influence over the child, including within the family; abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence (Article 18 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse); Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration (Article 2 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography); Solicitation of children for sexual purposes means intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the [nationally prescribed legal age for sexual activities] for the purpose of [engaging in sexual activities with the child] or [producing child pornography] and where this proposal has been followed by material acts leading to such a meeting (Article 23 of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse) Trafficking in persons means the recruitment, transportation, transfer, harbouring or receipt of persons, my means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation (Article 3 of the 25 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime); Violence against children means the intentional use of physical force or power, threatened or actual, against a child, by an individual or group, that either results in or has a high likelihood of resulting in an actual or potential harm to the child’s health, survival, development or dignity (World Report on Violence and Health, 2002) 26 27 Appendix II International treaties aimed at safeguarding children’s rights and protect children from all forms of violence United Nations: Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990; Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, G.A. Res. 54/263, Annex I, 54 U.N. GAOR Supp. (No. 49) at 7, U.N. Doc. A/54/49, Vol. III (2000), entered into force February 12, 2002; Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, G.A. Res. 54/263, Annex II, 54 U.N. GAOR Supp. (No. 49) at 6, U.N. Doc. A/54/49, Vol. III (2000), entered into force January 18, 2002; International Covenant on Civil and Political Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49 International Covenant on Social and Economic Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 3 January 1976, in accordance with article 27 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984, entry into force 26 June 1987, in accordance with article 27 (1) International Convention on the Elimination of Racial Discrimination, Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965, entry into force 4 January 1969, in accordance with Article 19 International Convention on the Elimination of All Forms of Racial Discrimination (Adopted: General Assembly resolution 2106 of 21 December 1965; Entry into force: 4 January 1969, in accordance with Article 19); International Convention on the Protection of the Rights of all Migrant Workers and member of their Families, Adopted by General Assembly resolution 45/158 of 18 December 1990 Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979. Adopted by the United Nations General Assembly. Entered into force as an international treaty on 3 September 1981; Convention on the Rights of Persons with Disabilities, Adopted by General Assembly resolution 61/106 of 13 December 2006 28 Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO No. 182), 38 I.L.M. 1207 (1999), entered into force Nov. 19, 2000; Convention concerning the Minimum Age for Admission to Employment and Work (ILO 138), adopted on 26 June 1973; entered into force 19 June 1976; Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, supplementing the United Nations Convention against Transnational Organised Crime, Adopted and opened for signature, ratification and accession by General Assembly resolution 55/25 of 15 November 2000 Council of Europe: Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 005: 1950/1953); European Social Charter (ETS no. 035: 1961/1965) /Revised European Social Charter (ETS no. 163: 1996/1999); European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No 126: 1987/1989); Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201: 2007/…); Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197: 2005/2008); Convention on Contact concerning Children (ETS No 192: 2003/2005); Convention on Cybercrime (ETS No 185: 2001/2004) ; European Convention on the Exercise of Children's Rights (ETS No. 160: 1996/2000); European Convention on the Legal Status of Children born out of Wedlock (ETS no. 085: 1975/1978); European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children (ETS no. 105 1980/1983); European Convention on the Adoption of Children (ETS No. 058 1967/1968). Hague Conference on Private International Law: Hague Convention on the Civil Aspects of International Child Abduction (Adopted: 25 October 1980; Entry into force: 1 December 1983) Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (concluded: 19 October 1996; Entry into force: 1 January 2002) 29 Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption (concluded 29 May 1993; entered into force 1 May 1995) Hague Convention of 24 October 1956 on the law applicable to maintenance obligations towards children (Concluded 24 October 1956; entered into force 1 January 1962); Hague Convention concerning the Recognition and Enforcement of Decisions Relating to Maintenance Obligations Towards Children (Concluded 15 April 1958; entered into force 1 January 1962. 30 31 Appendix III Council of Europe recommendations in the field of child protection Committee of Ministers’ Recommendations (1990-2008): Recommendation CM/Rec(2007)13 on gender mainstreaming in education Recommendation CM/Rec(2007)9 on life projects for unaccompanied migrant minors Recommendation Rec(2006)19 on policy to support positive parenting Recommendation Rec(2006)12 on empowering children in the new information and communications environment Recommendation Rec(2006)5 on the Council of Europe Action Plan to promote the rights and full participation of people with disabilities in society: improving the quality of life of people with disabilities in Europe 2006-2015 Recommendation Rec(2006)1 on the role of national youth councils in youth policy development Recommendation Rec(2005)5 on the rights of children living in residential institutions Recommendation Rec(2004)13 on the participation of young people in local and regional life Recommendation Rec(2003)20 concerning new ways of dealing with juvenile delinquency and the role of juvenile justice Recommendation Rec(2002)8 on child day-care Recommendation Rec(2002)5 on the protection of women against violence Recommendation Rec(2001)16 on the protection of children against sexual exploitation Recommendation Rec(2001)10 on the European Code of Police Ethics Recommendation Rec (2001) 8 on self-regulation concerning cyber-content Recommendation Rec(2000)11 on action against trafficking in human beings for the purpose of sexual exploitation Recommendation No. R(98)8 on children's participation in family and social life Recommendation No. R(97)19 on the portrayal of violence in the electronic media Recommendation No. R(97)13 concerning intimidation of witnesses and the rights of defence Recommendation No. R(94)14 on coherent and integrated family policies Recommendation No. R(93)2 on the medico-social aspects of child abuse Recommendation No. R(91)11 on sexual exploitation, pornography and prostitution of and trafficking in, children and young adults Recommendation No. R(91)9 on emergency measures in family matters Recommendation No. R(90)2 on social measures concerning violence in the family 32 Parliamentary Assembly’s Recommendations (1990-2008): Recommendation 1828 (2008): Disappearance of newborn babies for illegal adoption in Europe Recommendation 1815 (2007): Prostitution – Which stance to take? Recommendation 1778 (2007): Child victims : stamping out all forms of violence, exploitation and abuse Recommendation 1703 (2005) on protection and assistance for separated childrenseeking asylum Recommendation 1698 (2005) on the rights of children in institutions: follow up to Recommendation 1601 (2003) of the Parliamentary Assembly Recommendation 1666 (2004) on a Europe-wide ban on corporal punishment of children Recommendation 1596 (2003) on the situation of young migrants in Europe Recommendation 1632 (2003) on teenagers in distress: a social and health-based approach to youth malaise Recommendation 1601 (2003) on improving the lot of abandoned children in institutions Recommendation 1561 (2002) on social measures for children of war in SouthEastern Europe Recommendation 1555 (2002) on the image of women in the media Recommendation 1551 (2002) on building a 21st century society with and for children: follow-up to the European strategy for Children (Recommendation 1286 (1996)) Recommendation 1545 (2002) on a campaign against trafficking in women Recommendation 1532 (2001) on a dynamic social policy for children and adolescents in towns and cities Recommendation 1526 (2001) on a campaign against trafficking in minors to put a stop to the east European route: the example of Moldova Recommendation 1523 (2001) on domestic slavery Recommendation 1501 (2001) on parents and teachers' responsibilities in children's education Recommendation 1466 (2000) on media education Recommendation 1460 (2000) on setting up a European ombudsman for children Recommendation 1459 (2000): Action plan for the children of Kosovo Recommendation 1449 (2000) on clandestine migration from the south of the Mediterranean into Europe Recommendation 1443 (2000) on international adoption: respecting children’s rights Recommendation 1398 (1999) on the situation of children in Albania Recommendation 1371 (1998) on abuse and neglect of children Recommendation 1336 (1997) on combating child labour exploitation as a matter of priority Recommendation 1286 (1996) on a European strategy for children 33 Recommendation 1121 (1990) on the rights of children Recommendations from the Congress of Local and Regional Authorities of the Council of Europe: Recommendation 253 (2008) on the social reintegration of children living and/or working on the street Recommendation 242 (2008) on integration and participation of young people at local and regional level Recommendation 241 (2008) on child in the city Recommendation 135 (2003) on local partnerships for preventing and combating violence at school Recommendation 53 (1999) on policies for deprived children/adolescents and families