A/HRC/28/30
including minority rights. The protection and promotion of cultural identities would lead to
fewer conflicts and less tension.
16.
The moderator asked the Vice-Chairperson of the African Committee of Experts on
the Rights and Welfare of the Child, Benyam Dawit Mezmur, what measures needed to be
taken to prevent violence against children. Mr. Mezmur replied that both the Convention on
the Rights of the Child and the African Charter on the Rights and Welfare of the Child
explicitly requested that children grow up in an atmosphere of love, happiness and
understanding. Apart from being an obligation flowing from international human rights
law, the prevention of violence against children was morally compelling, developmentally
sound and cost-effective. He outlined the current global challenges in the implementation of
children’s rights, pointing out that 165 States had set 18 years as the minimum age for
marriage, although 150 of them made exceptions. In 28 States that were home to one third
of the world’s children, corporal punishment was allowed in all settings. Furthermore, in
three States, it was still legal to execute a person for violations committed as a child. The
panellist emphasized that education – whether formal, non-formal or informal – was a key
factor in the prevention of violence against children, and that there was a need to move
from reporting what has happened to reporting before it happens.
17.
According to the Vice-Chairperson of the Committee on the Rights of the Child, the
largest prevention challenge on the ground was what he termed “one chapter behind” laws,
the use of twentieth century laws to respond to twenty-first century problems. What was
needed in all States were explicit and comprehensive bans, supplemented by specific bans
of, for example, domestic violence, corporal punishment and honour crimes. The
Convention on the Rights of the Child and the African Charter on the Rights and Welfare of
the Child were normative documents that had to be translated into national laws given that
situations on the ground differed, depending on whether violence against children, corporal
punishment or other forms of violence against children were explicitly prohibited in
legislation. Lastly, the panellist highlighted the need for a data-collection system, a birth
registration system and a system for assessing and detecting risk factors. When conducting
research into risk factors in relation to violence, it was also essential to identify positive
factors that could protect children. Prevention required long-term investment and planning
by stakeholders and had to focus on the prevention of re-victimization, for instance by
means of child-sensitive recovery and social reintegration services.
18.
In response to the moderator’s request for examples of effective strategies for
preventing violence against children at the regional level, the panellist welcomed the
preventive work of regional organizations, which complemented work carried out at the
international level, and also filled gaps. Regional organizations had expertise that was more
relevant to the regions. Regional organizations in Africa had been able to address the trust
deficit, where Governments, civil society or stakeholders felt that the approach was topdown rather than bottom-up. Regional organizations had a greater capacity for early
detection, and could draw on experience from comparable situations in regional countries.
Regional preventive efforts were therefore particularly effective, given that some countries
respond best to examples drawn from neighbouring ones.
19.
The Vice-Chairperson of the Committee on the Rights of the Child also emphasized
the importance of working closely with parliamentarians, who were in a key position to
influence prevention. He provided concrete examples of regional successes, such as tapping
into social and cultural structures on the ground, for example, children who, rather than
being put through formal judicial procedures, go through the informal justice sector. He
also pointed out that children could play a role in the prevention of violence. According to
the African Charter on the Rights and Welfare of the Child, children can have
responsibilities, taking into account their maturity and capacity, without violating the
provisions of the Charter itself; for example, when the Child Rights Act was being debated
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