A/HRC/16/56
links. But mandatory reporting is also relevant in cases when acts of violence are
committed by a colleague. The United Nations Rules for the Protection of Juveniles
Deprived of Liberty indicate: “Personnel who have reasons to believe that a serious
violation of the present Rules has occurred or is about to occur should report the matter to
their superior authorities or organs vested with reviewing or remedial power.”44
57.
The Guidelines for the Alternative Care of Children provide that all agencies and
facilities for children in need of alternative care “should develop a staff code of conduct …
[that] includes clear reporting procedures on allegations of misconduct by any team
member” (para. 107).
58.
Reporting is particularly important for those who provide medical or psychosocial
assistance within residential facilities. The failure of such personnel to report evidence of
violent treatment contributes to an atmosphere of impunity that can easily lead to a
persistent pattern of violence.
59.
In some countries, such as in the United States of America, federal law requires
Internet service providers who have actual knowledge of child pornography on their servers
to report such information to the CyberTipline of the National Center for Missing and
Exploited Children.
60.
The authors of the present report consider that standards establishing an obligation
to report violence should be incorporated into the regulations or rules of conduct of all
institutions or agencies that deal on a regular basis with children at risk of violence, such as
residential facilities, schools, medical services for children and law enforcement bodies.
(c)
Voluntary reporting
61.
Several countries contributing to the present report mentioned the adoption of
special measures to encourage the reporting of violence against children, including sexual
violence perpetrated by tourists. One country reported that every citizen had an obligation
to file a complaint in cases of child rights violations; another reported having in place
legislation to protect those who report child abuse. In some countries, service providers in
the child protection system or schools are obliged to signal a situation to the child welfare
system, setting in motion procedures in cases of child abuse. In others, there are channels
that allow children themselves to report a risky situation, through telephone hotlines
established by such entities as the ombudsman. Some countries have special e-mail
addresses or toll-free numbers, including for reporting suspected cases of child sexual
exploitation of children on the Internet. One country reported that it is currently conducting
an assessment of the obstacles faced by victims of crimes to make complaints.
62.
Two thirds of the UNICEF country offices that responded to the questionnaire
reported that the country in which they were based had established a programme to
encourage voluntary reporting. However, most also reported that the law does not protect
persons who make a report.
63.
Another example of voluntary reporting is the Code of Conduct for the Protection of
Children from Sexual Exploitation in Travel and Tourism. Tour operators and tourism
organizations that adopt and sign the Code of Conduct commit to informing customers on
their child protection policy, to training staff, to reporting and to applying other measures to
protect children.
64.
One legislative measure that encourages voluntary reporting is the recognition of the
confidentiality of the identity of persons who report violence. The Council of Europe
44
14
Para. 87 (c).
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