A/HRC/16/54
times fuelling pressure to keep children, particularly girls, away from school and
encouraging dropping out of school as a means of preventing further violence and harm.
95.
Framed by these critical dimensions, in 2011, the Special Representative will host,
in cooperation with key partners, an expert consultation on the prevention and elimination
of violence in education.
2.
Violence and the administration of justice
96.
Protection of children from violence within the justice system will be another topic
of special concern. As highlighted at the twelfth United Nations Congress on Crime
Prevention and Criminal Justice, and confirmed by numerous initiatives promoted across
regions, this is an area where significant steps are needed to narrow the gap between
international human rights standards and the reality on the ground, and where there is great
potential to capitalize on significant experiences in different parts of the world, including
the development of child-friendly justice procedures and mechanisms, the promotion of
child-sensitive materials, the establishment of independent monitoring mechanisms to
uphold children’s rights, and the consolidation of evidence to inform the development of
laws, policies and programmes.
97.
A justice system based on the respect of the rights of the child is critical when
preventing and addressing incidents of violence against children. Child victims of violence,
including as a result of trafficking and exploitation, are, however, still too often
criminalized and deprived of the protection that they should enjoy as children. Marginalized
children, including those living in poverty, migrants and asylum-seekers face risks of
physical, psychological and sexual violence, are denied access to legal assistance, or placed
in detention instead of benefiting from adequate care arrangements. Frequently considered
the first option rather than a measure of last resort, the deprivation of liberty remains a
reality for thousands of children. Violence, including torture and humiliating treatment, is
used as a form of control, discipline and punishment; in some countries, sentencing can
include caning, flogging, stoning or amputation, as well as capital punishment and life
imprisonment.
98.
The situation of these children remains surrounded by stigma. There is little
information on those deprived of liberty and on the reasons behind their detention;
independent monitoring mechanisms are seldom available to safeguard their protection and
address their complaints. Sensationalistic information and ill perception of growing juvenile
delinquency build social pressure to criminalize children and adolescents, and for the
introduction of an increasingly lower minimum age of criminal responsibility and harsher
measures of deprivation of liberty. As a result, a culture of tolerance to violence against
children persists, and the fight against impunity for acts of violence against children is
confronted with renewed challenges. These are critical concerns that the Special
Representative will address in the context of her mandate, missions and supported regional
initiatives.
99.
The Special Representative looks forward to continuing to collaborate closely with
Member States and all other relevant stakeholders to consolidate the implementation of the
United Nations study recommendations and achieve children’s freedom from violence in all
its forms.
GE.11-11445
21
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