A/HRC/22/55
(a)
A strong national normative framework is vital to prevent and respond to
violence, protect child victims and witnesses, ensure their recovery, reintegration and
redress, and fight impunity;
(b)
Law reform needs to be pursued through a comprehensive review of national
legislation to ensure conformity with international human rights standards and overcome
dispersed action; it requires the introduction of an explicit legal ban on all forms of violence
in all settings, supplemented by detailed provisions in relevant pieces of legislation to tackle
distinct manifestations of violence and the various contexts within which violence may
occur; national legislation needs to be periodically reviewed and evaluated to address gaps
and emerging concerns;
(c)
Law enactment needs to be upheld by an effective process of implementation
and the allocation of sound resources; implementation initiatives should be conducted by
well-coordinated institutions and services, and supported by a plan of implementation, as
well as an estimation of costs and an anticipated allocation of resources;
(d)
Information and social mobilization campaigns, together with capacitybuilding of professionals working with and for children, remain vital to generate a culture of
non-violence, overcome social norms condoning violence, encourage positive attitudes and
behaviour towards children and widen the ownership of children’s protection from violence.
Advocacy and awareness-raising campaigns on legal provisions and their effective use,
combined with strong alliances with strategic partners, including parliamentarians, national
independent institutions, religious and local leaders, grass-root organizations and children
themselves, constitute crucial dimensions of this process.
22.
Law reform for children’s protection from violence is an area where visible progress
has been made, with a clear increase in the number of countries with an overall legal ban on
all forms of violence, at times in the national Constitution itself. However, as mentioned
below, it is also an area where further efforts remain strongly needed.
2.
Protection of children from harmful practices in plural legal systems
23.
Around the world, countless numbers of girls and boys fall victim to harmful
practices. Often violent in nature, these practices compromise the development and
education of the child, have serious and long-lasting health and psychological
consequences, and may result in disability or death. At the same time, positive experiences
have led to the successful abandonment of these practices and a lasting commitment by
concerned communities to prevent their occurrence and safeguard the protection of
children’s rights.
24.
In order to reflect on these questions and identify opportunities for change, in 2012
the Special Representative and the non-governmental organization Plan International cohosted an international expert consultation (see A/67/230, paras. 17–20), in close
cooperation with the African Committee of Experts on the Rights and Welfare of the Child,
the Committee on the Rights of the Child, UNICEF, OHCHR and the International NGO
Council on Violence against Children.
25.
The consultation identified critical challenges, including the lack of legislation
prohibiting harmful practices, inconsistencies in regulations, selective and ill-resourced
implementation and compliance, social acceptance of these practices within communities,
prejudices among personnel and weak capacity to address children’s rights among law
enforcement officials, the judiciary, traditional leaders and judges in customary and
religious courts.
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