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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents