A/HRC/19/64
Securing children’s legal protection from violence in schools
57.
The effectiveness of measures to deter and eliminate violence in schools is
significantly undermined without a supportive legal framework. As mentioned elsewhere in
this report, clear, unambiguous legislation that prohibits all forms of violence and protects
children therefrom including within the school is a key dimension of any comprehensive
strategy on violence against children.
58.
In the majority of countries, violence in schools, including the ill-treatment and
beating of children, is considered unlawful and punished with disciplinary measures. When
some more serious forms of violence occur, such as sexual harassment or abuse, the
outcome may be the dismissal and prosecution of those found responsible. Over the recent
past, the number of states introducing legislation to prevent bullying, physical punishment
and mental harassment of children within the school system has continued to rise. However,
the legal prohibition of violence against children in schools is not yet a reality in 80
countries around the world. And overall, the gap between legislation and the prevailing
practice remains wide and challenging.
2.
Preventing and addressing violence against children in justice related institutions
59.
As noted in previous reports, preventing and addressing violence against children in
the administration of justice constitutes a priority concern for the Special Representative. A
justice system based on respect for the rights of the child is critical for the prevention of
violence against children. It is indispensable to safeguard children‘s right to access to
justice and to participation in administrative and judicial proceedings which they
understand and can effectively use, and to consolidate a child-friendly and non-intimidating
justice environment within which children‘s protection from violence can be guaranteed at
all times, including in cases of deprivation of liberty.
60.
The international community has developed a sound normative foundation to guide
national implementation efforts in the area of the administration of juvenile justice. These
include measures to prevent juvenile delinquency and ban children‘s arbitrary and unlawful
detention; to ensure that deprivation of liberty of persons below 18 is used only as a
measure of last resort and for the shortest period of time possible; to establish legal
safeguards to guide children‘s involvement with criminal proceedings; and to promote
approaches which respect children‘s dignity and invest in their education and social
reintegration.
61.
For many children around the world, the gap between these principles and reality
remains a dramatic challenge. Deprivation of liberty affects thousands of children, often as
a preferred or only option, rather than a measure of last resort. Pretrial detention can last for
months or years, in some cases never leading to conviction. Children can be kept in
detention for long periods of time, in overcrowded and appalling conditions, at times placed
together with adults and facing risks of neglect and abuse. In many cases they are deprived
of education and vocational initiatives and have limited opportunities to interact with other
people of their age and to keep in contact with their families. A child can be exposed to
violence since the moment of arrest, during transfers in police vehicles and while in police
custody. Violence can equally affect the child during pretrial detention and after conviction,
including when it is used as a form of control, discipline and punishment.
62.
In a number of countries, juvenile justice remains an important gap in efforts to align
the national normative framework with international standards. As a result, the minimum
age of criminal responsibility is at times too low, adults‘ proceedings are applicable to
children accused of committing an offence, and in a number of countries sentencing of
persons below 18 can include capital punishment, life imprisonment, stoning, canning,
flogging and amputation.
13
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