A/HRC/16/56
or risk of violence should, at a minimum, be required by professionals working directly
with children. When reports are made in good faith, processes must be in place to ensure
the protection of the professional making the report.”
5.
Previously, the Committee had highlighted that68 states need to ensure that there are
effective, child sensitive procedures available to children and their representatives,
including the provision of child friendly information, advice, advocacy and access to
independent complaints procedures and to the courts with the appropriate legal and other
assistance; and national human rights independent institutions should ensure that children
have effective remedies for the breaches of their rights, including independent advice,
advocacy and complaints procedures69.
6.
Where rights are found to have been breached, there should be appropriate
reparation, including compensation and, where needed, measures to promote physical and
psychological recovery, rehabilitation and reintegration.
7.
When incidents of violence take place, the Convention calls for “the establishment
of social programmes to provide necessary support for the child and for those who have the
care of the child, as well as for other forms of prevention and for identification, reporting,
referral, investigation, treatment and follow-up of instances of child maltreatment described
heretofore, and, as appropriate, for judicial involvement70”. The Convention further calls
for measures designed to “promote physical and psychological recovery and social
reintegration of a child victim of any form of neglect, exploitation, or abuse; torture or any
other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts71.”
“Such recovery and reintegration”, it adds, “shall take place in an environment which
fosters the health, self-respect and dignity of the child.”
8.
The Optional Protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography, in force in 142 States72, requires
States Parties to adapt legal and investigative procedures to the special needs of child
victims, including their needs as witnesses, to provide support services, inform them of
their rights, their role and the scope, timing and progress of the proceedings, avoid
unnecessary delay, allow their views, needs and concerns to be presented and considered,
protect their privacy and protect them against intimidation and retaliation.73 It also
underscores that the best interest of the child shall be a primary consideration in the
treatment of victims in the criminal justice system, and that the persons who work with
victims shall receive appropriate training.74
9.
Article 6 of the Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict provides that each State Party shall take
all necessary legal, administrative and other measures to ensure the effective
implementation and enforcement of the protocol.
10.
International criminal law also establishes important safeguards in this field. Indeed,
according to the Rome Statute, the International Criminal Court is required to take
appropriate measures to protect the safety, physical and psychological well-being, dignity
and privacy of victims and witnesses; and, to secure their protection, it may conduct
68
69
70
71
72
73
74
CRC/GC/2003/5, paragraph 24
General comment 2, paragraph 13
Article 19 paragraph 2
Article 39
As of January 2011
Art.8(1)
Art.8(3) and (4)
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