A/HRC/16/56
89.
The placement of children in institutions remains high in many countries.
Institutions are often not registered, norms and standards regulating their activities are
frequently lacking, and monitoring systems remain weak and dispersed. These cumulative
factors compromise children’s access to safe complaint and reporting mechanisms.
90.
Research data is limited, but some evidence indicates that children with disabilities
may be up to five times more likely to experience physical, psychological, or sexual
violence,58 less likely to be addressed by prevention programmes or to attract targeted
protection services, and less able to challenge or protect themselves from incidents of
violence. This explains, inter alia, the special barriers in accessing justice and being
accepted as credible witnesses, and the pervasive impunity of abusers. The universal
ratification of the Convention on the Rights of Persons with Disabilities will be an essential
step to secure the protection of these children from violence.
91.
Children on the move, including children who migrate, who are refugees or asylumseekers are also at special risk of enduring violence without benefiting from counselling or
having access to reporting or complaint mechanisms. According to the World Bank,
approximately one third of migrants from developing countries are between the ages of 12
and 24.59 At times on their own, unable to speak the language and lacking information
about existing child protection services, they are often afraid of approaching the authorities
and of being deported, especially when undocumented. As a result, they may place
themselves at further risk of violence and exploitation.
92.
The authors of the present report recognize the urgency of rendering counselling,
reporting and complaint mechanisms accessible, effective and sensitive to vulnerable
children and their families. Thus, cooperation with non-governmental and communitybased organizations may offer a solid basis for effective action.
C.
The role of national independent human rights institutions for children
93.
National independent human rights institutions for children play a critical role in the
promotion and protection of children’s freedom from violence. The Committee on the
Rights of the Child consistently recommends the establishment of these institutions,
including powers to consider individual complaints and carry out investigations, and secure
effective remedies for breaches of children’s rights.60
94.
There are some 122 statutory national human rights commissions throughout the
world, some with a distinct mandate on the rights of the child.61
1.
Mandate
95.
Independent human rights institutions for children (IHRICs) have a comprehensive
child rights mandate, conducting research and awareness-raising campaigns, promoting law
and policy reforms, and assisting child victims. Those with a mandate to receive individual
complaints address violence against children committed by professionals working with
children, including teachers, staff of children’s homes, police officers and other public
servants. These mechanisms are non-adversarial, based on dialogue and mediation, and
seek to find negotiated solutions guided by the child’s best interests. Currently, only some
58
59
60
61
Committee on the Rights of the Child, general comment No. 9, para. 42.
World Bank, World Development Report 2007: Development and the Next Generation (Washington
D.C., 2006), p. 14.
General comment No. 2 (2002), para. 13.
National Human Rights Institution Forum, www.nhri.net, accessed on 16 November 2010.
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