A/HRC/19/64
Use of the human rights framework as a frame of reference
Considering that protection of children and adolescents from violence is an ethical and
human rights imperative, States are recommended to proceed with universal ratification of
human rights treaties and to withdraw any reservations they may have declared in relation
to these. They are also encouraged to support adoption of the Third Optional Protocol to the
Convention on the Rights of the Child, on individual complaints.
States are recommended to ensure their compliance with the decisions and
recommendations issued by international and regional organs concerned with monitoring
human rights. These include in particular the Committee on the Rights of the Child, the
Inter-American Commission on Human Rights and its Rapporteurship on the Rights of the
Child, and the Inter-American Court of Human Rights. Special attention is recommended to
the Concluding Observations and General Comments of the Committee and the four
thematic reports that have been published by the Commission‘s Rapporteurship on the
Rights of the Child: Citizen Security and Human Rights, Corporal Punishment and Human
Rights of Children and Adolescents, The Rights of the Child in the Inter-American Human
Rights System and Juvenile Justice and Human Rights.
Adoption of national legislation prohibiting all forms of violence against children
It is recommended that all States adopt an explicit national legal prohibition on all forms of
violence against children, in all settings. This will send a clear message that all forms of
violence against children and adolescents are inadmissible. The explicit prohibition on
physical and humiliating punishment is essential, as is the withdrawal of some expressions
currently found in legislation, including the term ‗moderate‘, which continues to allow
physical and humiliating punishment and introduces an element of discretion that is
inconsistent with the rights of children and adolescents to their personal integrity and
human dignity.
National legal frameworks must be reviewed and adapted to meet international standards
and instruments.
National standards should clearly set out the competencies required for their regulatory
development and the responsibility for their effective implementation and monitoring.
Participation by civil society and children and adolescents themselves must be taken into
consideration in these legislative processes, particularly on issues affecting them, as
established by the Convention on the Rights of the Child.
Legislation must also allow for adequate mechanisms of implementation and guarantee
advice and counselling as well as mechanisms for complaints and reporting of incidents of
violence by children/adolescents or their representatives.
Legislation must cover the work of both public and private institutions. It should be used as
the basis for developing regulations concerning these services, including standards of
conduct and discipline and appropriate monitoring mechanisms.
Application of laws must be complemented by initiatives to raise social awareness and
mobilize the general public, particularly children and adolescents. In most cases this
implies modifying deeply rooted social behaviours and creating conditions for a culture of
respect for children's rights. Media dissemination plans are recommended to further this
aim. Awareness-raising initiatives are also recommended for anyone who is in direct
contact with children: parents, relatives, caregivers, teachers, social workers, civil servants
employed in public institutions, civil society organizations that work with children and
adolescents, the general public, public decision-makers and their advisers.
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