A/HRC/16/56
50.
Where reporting is mandatory, there are significant differences in the scope of the
obligation to report. In some jurisdictions, the obligation is binding on all persons.36 Where
it applies to professionals who work with children, those most often covered are lawenforcement officers, social workers, teachers, childcare providers, medical doctors and
other health-care workers.37Sometimes the obligation extends to other professions,
including drug counsellors and probation officers.
51.
Various forms of mandatory reporting were addressed by Government contributions
to the present report. In most cases, the obligation relates to sexual, physical and
psychological violence.
52.
However, whether reporting is mandatory or not, its effectiveness depends on the
quality of services that are available if the report, on examination, is found to be grounded.
Requiring suspected abuse to be reported serves little purpose if the child protection system
is weak, or if there is excessive reliance on institutionalization.38 The introduction of
mandatory reporting has sometimes led to an increase in the number of reported cases that,
following investigation, were not substantiated.39 Legislation that leads to overreporting
increases the burden on the child welfare system, reducing its capacity to provide
assistance.40
53.
It is argued that the stronger the links are between the child protection system and
the community, the less need there is for mandatory reporting, because child welfare
personnel will become aware of most cases of violence without it. Mandatory reporting
may also create an adversarial relationship between families and child protection
authorities,41 and discourage families from seeking assistance voluntarily; and it can
stigmatize families affected by extreme poverty and unemployment when the scope of
mandatory reporting includes neglect.42 These concerns underline the need for mandatory
reporting to be adapted to the needs and circumstances of each society.
54.
Reporting by professionals who work with young children is especially important;
these children are more susceptible to injury and unable to make complaints, and early
detection and intervention can help reduce the risk of repeated abuse and long-term health
and social consequences.43
55.
The authors of the present report consider that some form of mandatory reporting,
including the reporting by professionals who work with children, of sexual abuse and acts
of violence causing physical injury and psychological violence is appropriate for all
societies.
(b)
Mandatory reporting within specific systems
56.
Mandatory reporting often presumes that a professional is in possession of
information about violence caused by a third party with whom she or he has no institutional
36
37
38
39
40
41
42
43
In the United States of America, such laws exist in 18 states (as at April 2010). See
www.childwelfare.gov/systemwide/laws_policies/statutes/manda.cfm.
Of the replies to the UNICEF survey, 8 mention mechanisms that specifically address violence within
schools; 10 mention mechanisms that address violence within the child welfare system; and 13
mention mechanisms that address violence within the law enforcement system.
WHO, Preventing Child Maltreatment , p. 62.
M. Harries et al., “Mandatory reporting of child abuse: evidence and options” (University of Western
Australia, 2002), pp. 14-15.
WHO, Preventing Child Maltreatment, p. 59.
Ibid. p. 62.
Harries, “Mandatory reporting”, p. 42.
WHO, Preventing Child Maltreatment, p. 51.
13
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