A/HRC/42/60/Add.1
32.
Child marriage remains a matter of concern, having a multifaceted and profound
impact on children’s lives, affecting their health, education, psychological development,
social life, relationships and increased risk to future adversities. 52
33.
Sexual violence against children, as well as women, often is not prosecuted; 53 many
child victims continue to live with or near the perpetrators. The Special Rapporteur remains
concerned that the justice system is not appropriately child-centred with child witnesses
retraumatised and not taken seriously. There is a need for more awareness raising and full
child sensitivity training of law enforcement and court officials as well as local level (e.g.
commune or district) officials to ensure child victims and witnesses are dealt with in a
protective, rights-responsive manner. In August 2019, the Ministry of Interior informed the
Special Rapporteur that protecting child witnesses was a priority with the Royal Government
introducing capacity-building for law enforcement officials and child-friendly court
procedures. Healthcare professionals and teachers at the local level should also be trained in
dealing with child abuse – these are often the only point of contact for an abused child. The
Ministry of Women’s Affairs has highlighted the progress being made in establishing
policies, laws and mechanisms to respond to gender-based violence.
34.
Whilst the relevant targets in SDG16 are excluded from the CSDGs, CSDG 5.2 targets
the elimination of all forms of violence against women and girls in public and private spheres,
including trafficking and sexual and other types of exploitation. This has two indicators, one
on physical sexual violence by a current or former intimate partner, the other with violence
by non-partners. In both instances, children are only counted over the age of fifteen, although
the government has indicated that there is sexual violence against younger girls. The
Government has acknowledged a commitment to strengthening dissemination of the Law on
Domestic Violence and Protection of Victims 54 which as noted55 is often misapplied with
mediation and similar being used to settle domestic disputes and women and children all too
often returning to live with the alleged perpetrator. The reasons for this failure are many:
corruption, discriminatory attitudes towards women and girls, misinterpretation of the law,
and lack of resources all combine to perpetuate and entrench a system in which impunity
prevails. More must be done to review and implement the law on domestic violence and to
ensure all personnel are trained to sensitively handle violence against children.
B.
Persons with Disabilities
35.
Samdech Techo Prime Minister has frequently spoken of his support for the rights of
persons with disabilities. Certainly the Government has ratified the Convention of the Rights
of Persons with Disabilities although its first national report, due January 2015, remains
under preparation by the cross ministerial Disability Action Council. Nevertheless,
Cambodia adopted a National Disability Strategic Action Plan and the Special Rapporteur
has learned of progress made from various ministries particularly the Minister of Education,
Youth and Sport, the Minister of Health and the Minister of Social Affairs, Veterans and
Youth Rehabilitation.
36.
The Convention on the Rights of Persons with Disabilities requires states party to
embed a human rights based approach to disability, not a medical model. Accordingly the
emphasis is on ensuring that all persons with disabilities are respected as autonomous
members of society and a vital component of human diversity. They should not be
stigmatised, isolated or segregated. The Special Rapporteur noted in 2017 that many public
statements on inclusivity made by government ministers, including the Prime Minister, are
52
53
54
55
JS5= Joint-Submission by CIVICUS: World Alliance for Citizen Participation, the Cambodian Center
for Human Rights (CCHR), the Cambodian Human Rights and Development Association (ADHOC),
IFEX, and Solidarity Center, available from
https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRKHStakeholdersInfoS32.aspx para. 10.
LICADHO, Getting Away with It: The Treatment of Rape in Cambodia’s Justice System, available
http://www.licadho-cambodia.org/reports/files/210LICADHOReportGettingAwayWithRape2015English.pdf at p29.
National Strategic Development Plan 2014-2018 p107.
A/HRC/33/62, paras 24-25.
11
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