Condensed: States shall take measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Violence may be physical or mental. Mental violence includes for example threats, exploitation, insults, psychological bullying and telling the child he or she is worthless. Physical violence includes corporal punishment, torture, inhuman or degrading treatment or punishment and physical bullying. Neglect is the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so. States must adopt comprehensive policiesand laws on child rights and ensure absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators. States should ensure that all who come in contact with children are aware of risk factors and indicators of all forms of violence and are in a position to report violence, abuse and neglect to the authorities. Toll-free child helplines with national coverage and with trained personnel should be established. Investigations of allegations of violence against children should be conducted by qualified professionals. In providing for alternative care arrangements, States must carefully examine the risk of a child being exposed to violence, abuse or neglect. . Comprehensive: Article 19(1) of the CRC stipulates: States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. The WHO has defined violence as:[1] The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation. Violence may be physical or mental. Mental violence includes threats, exploitation, insults, psychological bullying and telling the child he or she is worthless.[2] Mental violence against children deprived of their liberty include placement in solitary confinement, isolation and humiliating or degrading conditions of detention.[3] (See *inhumane conditions of detention*). Physical violence includes *extrajudicial, arbitrary or summary execution or other unlawful killing*,[4] corporal punishment, *torture* and *inhuman or degrading treatment or punishment* and physical bullying.[5] Corporal punishment has been defined by the CRC Committee as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement ‑ a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, caning, forcing children to stay in uncomfortable positions, burning, scalding, or forced ingestion.[6] (See also *use of disciplinary practices inconsistent with human dignity*). The prohibition on violence against children is absolute. As noted by the CRC Committee, ‘Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence.’[7] Neglect is the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so.[8] *Harmful traditional practices* may constitute violence against children. The use of children in begging can be seen as a form of abuse of children.[9] According to article 19(2) of the CRC, protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement. A major UN study on violence against children has recommended States to strengthen national and local commitment and action; prohibit all violence against children; prioritize prevention; promote non-violent values and awareness-raising; enhance the capacity of all with and for children; provide recovery and reintegration services; ensure participation of children; create accessible and child-friendly reporting systems and services; ensure accountability and end impunity; address the gender dimension of violence against children; develop and implement systematic national data collection and research; and strengthen international commitment by ratifying relevant international instruments without reservations.[10] States must adopt comprehensive policies and laws‘on child rights and ensuring absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators.’[11] Sanctions against children who harm other children should be educational and therapeutic.[12]Educational measures to ‘address attitudes, traditions, customs and behavioural practices which condone and promote violence against children’ should be adopted.[13] States should ensure that ‘all who come in contact with children are aware of risk factors and indicators of all forms of violence’ and are in a position to report violence, abuse and neglect to the authorities.[14] Toll-free (24 hours and nation-wide) child helplines with trained personnel should be established.[15]Investigations of allegations of violence against children should be conducted by qualified professionals.[16] In providing for alternative care arrangements (see *custody, adoption and fostering*), States must carefully examine the risk of a child being exposed to violence, abuse or neglect.[17] Article 39 of the CRC provides that States shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child. Additional references S Detrick A commentary on the United Nations Convention on the Rights of the Child (1999) UNICEF Implementation handbook for the Convention on the Rights of the Child (2007)
[1]WHO World report on violence and health (2002) 5. This definition was endorsed in the Report of the independent expert for the United Nations study on violence against children, A/61/299 (2006) para 8., [2]CRC General Comment 13 para 21. [3]CRC General Comment 13 para 21(f). [4]Case of the Street Children (Villagrán Morales and ors) v Guatemala (IACtHR 1999) para 146. [5]CRC General Comment 13 para 22. [6]CRC General Comment 13 para 24. [7]CRC General Comment 13 para 17. [8]CRC General Comment 13 para 20. [9]ACRWC art 29(b). [10]Report of the independent expert for the United Nations study on violence against children, A/61/299 (2006) paras 96-109. [11]CRC General Comment 13 para 41(d). [12]CRC General Comment 13 para 41(d). [13]CRC General Comment 13 para 44. [14]CRC General Comment 13 para 48. [15]CRC General Comment 13 paras 43(b)(i), 49. [16]CRC General Comment 13 para 51. [17]CRC General Comment 13 para 35.
States shall take measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Violence may be physical or mental. Mental violence includes for example threats, exploitation, insults, psychological bullying and telling the child he or she is worthless. Physical violence includes corporal punishment, torture, inhuman or degrading treatment or punishment and physical bullying. Neglect is the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so.
States must adopt comprehensive policiesand laws on child rights and ensure absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators. States should ensure that all who come in contact with children are aware of risk factors and indicators of all forms of violence and are in a position to report violence, abuse and neglect to the authorities. Toll-free child helplines with national coverage and with trained personnel should be established. Investigations of allegations of violence against children should be conducted by qualified professionals. In providing for alternative care arrangements, States must carefully examine the risk of a child being exposed to violence, abuse or neglect.
.
Comprehensive:
Article 19(1) of the CRC stipulates:
States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
The WHO has defined violence as:[1]
The intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.
Violence may be physical or mental.
Mental violence includes threats, exploitation, insults, psychological bullying and telling the child he or she is worthless.[2] Mental violence against children deprived of their liberty include placement in solitary confinement, isolation and humiliating or degrading conditions of detention.[3] (See *inhumane conditions of detention*).
Physical violence includes *extrajudicial, arbitrary or summary execution or other unlawful killing*,[4] corporal punishment, *torture* and *inhuman or degrading treatment or punishment* and physical bullying.[5] Corporal punishment has been defined by the CRC Committee as
any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement ‑ a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, caning, forcing children to stay in uncomfortable positions, burning, scalding, or forced ingestion.[6]
(See also *use of disciplinary practices inconsistent with human dignity*).
The prohibition on violence against children is absolute. As noted by the CRC Committee, ‘Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence.’[7]
Neglect is
the failure to meet children’s physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children’s care have the means, knowledge and access to services to do so.[8]
*Harmful traditional practices* may constitute violence against children. The use of children in begging can be seen as a form of abuse of children.[9]
According to article 19(2) of the CRC,
protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
A major UN study on violence against children has recommended States to strengthen national and local commitment and action; prohibit all violence against children; prioritize prevention; promote non-violent values and awareness-raising; enhance the capacity of all with and for children; provide recovery and reintegration services; ensure participation of children; create accessible and child-friendly reporting systems and services; ensure accountability and end impunity; address the gender dimension of violence against children; develop and implement systematic national data collection and research; and strengthen international commitment by ratifying relevant international instruments without reservations.[10]
States must adopt comprehensive policies and laws‘on child rights and ensuring absolute prohibition of all forms of violence against children in all settings and effective and appropriate sanctions against perpetrators.’[11] Sanctions against children who harm other children should be educational and therapeutic.[12] Educational measures to ‘address attitudes, traditions, customs and behavioural practices which condone and promote violence against children’ should be adopted.[13]
States should ensure that ‘all who come in contact with children are aware of risk factors and indicators of all forms of violence’ and are in a position to report violence, abuse and neglect to the authorities.[14] Toll-free (24 hours and nation-wide) child helplines with trained personnel should be established.[15] Investigations of allegations of violence against children should be conducted by qualified professionals.[16]
In providing for alternative care arrangements (see *custody, adoption and fostering*), States must carefully examine the risk of a child being exposed to violence, abuse or neglect.[17]
Article 39 of the CRC provides that States
shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.
Additional references
S Detrick A commentary on the United Nations Convention on the Rights of the Child (1999)
UNICEF Implementation handbook for the Convention on the Rights of the Child (2007)
[1]WHO World report on violence and health (2002) 5. This definition was endorsed in the Report of the independent expert for the United Nations study on violence against children, A/61/299 (2006) para 8.,
[2]CRC General Comment 13 para 21.
[3]CRC General Comment 13 para 21(f).
[4] Case of the Street Children (Villagrán Morales and ors) v Guatemala (IACtHR 1999) para 146.
[5]CRC General Comment 13 para 22.
[6]CRC General Comment 13 para 24.
[7]CRC General Comment 13 para 17.
[8]CRC General Comment 13 para 20.
[9]ACRWC art 29(b).
[10]Report of the independent expert for the United Nations study on violence against children, A/61/299 (2006) paras 96-109.
[11]CRC General Comment 13 para 41(d).
[12]CRC General Comment 13 para 41(d).
[13]CRC General Comment 13 para 44.
[14]CRC General Comment 13 para 48.
[15]CRC General Comment 13 paras 43(b)(i), 49.
[16]CRC General Comment 13 para 51.
[17]CRC General Comment 13 para 35.