Too Many Children Denied Human Right To Equal Legal Protection From All Violence In Europe And Central Asia

05/07/2005  | Global Initiative to End All Corporal Punishment of Children

Summary:

Report submitted for the Europe and Western Asia Regional Consultation on Violence Against Children, taking place in Ljubljana from 5 to 7 July 2005.

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Document: www.endcorporalpunishment.org/pages/pdfs/Report-EuropeCentralAsia.pdf

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A new report shows that children in the majority of European and Central Asian states are not fully protected under assault laws, despite the clear international human rights standard that children should have the same protection as adults.

The Global Initiative to End All Corporal Punishment of Children, a worldwide coalition of more than 100 organisations, has submitted the report entitled “Ending legalised violence against children” to the Europe and Central Asia Consultation of the UN Secretary-General’s Study on Violence against Children (Ljubljana, Slovenia 5-7 July 2005) - one of nine regional conferences being held this year.

The introduction to the report says: “Hitting people is wrong – and children are people too. Corporal punishment of children breaches their fundamental rights to respect for their human dignity and physical integrity. Its legality breaches their right to equal protection under the law. Urgent action is needed in every region of the world to respect fully the rights of all children – the smallest and most fragile of people.”

The report reviews the legal status of violent punishment in each state in Europe and Central Asia. It found that 16 European countries - more than a third of the Council of Europe’s 46 member states - now recognise children’s human right to equal protection and prohibit all corporal punishment, including in the family. However, the rest have failed to act, despite recommendations from human rights bodies monitoring conformity with the UN Convention on the Rights of the Child and the European Social Charter. In all countries in Central Asia the law does not protect children from being hit in the home and many still allow children to be legally assaulted in schools, the penal system and alternative care settings. Recommendations in the report, which are endorsed by major human rights and children’s organisations in the region, include:

+ Explicit prohibition of all violent punishment of children in the family, schools, the penal system and alternative care settings in order to give children equal protection with adults;

+ Greater awareness-raising and public education on children’s right to equal protection and the negative effects of violent punishment;

+ Greater research to show the extent of violent punishment in all settings.

The report explains that these vital steps are requirements of human rights obligations under international treaties. The UN Committee on the Rights of the Child, the body monitoring compliance with the Convention on the Rights of the Child, has already- 2 - expressed concern at the lack of action in most of the European and Central Asian countries which do not give children equal protection. In addition, the Council of Europe’s Committee of Social Rights has stated that the European Social Charter requires prohibition of all corporal punishment and is pressing states to comply.

In a foreword to the report, Jaap Doek, chairperson of the UN Committee on the Rights of the Child, writes: “The Committee on the Rights of the Child strongly believes that the UN Secretary General’s Study on Violence against Children will accelerate moves to prohibit and eliminate corporal punishment and any other form of violence against children as an unacceptable violation of human dignity and physical integrity. It is a vital stepping stone to a violence-free society.”

Peter Newell, Co-ordinator of the Global Initiative to End All Corporal Punishment of Children, said: “The UN study must lead all countries to satisfy their human rights obligations to safeguard children from all forms of violence. In the 21st Century, we cannot go on denying children their fundamental human right to protection from being hit that we take for granted for ourselves. The law in all countries must say that hitting children is at least as wrong as hitting anyone else. Our aim must be for Europe and the world to become a corporal punishment free zone, sooner rather than later.”

Mali Nilsson, Chair of the International Save the Children Alliance Task Group on corporal punishment and other forms of humiliating punishment, said: “Law reform to end all corporal punishment of children is a human rights obligation that cannot be ignored. This report shows that Europe is making real progress, but many countries still need to act to give children give children the equal protection that is their right, so we can at last declare the continent a corporal punishment free zone. Hitting people is wrong, and children are people too.”

Mary Marsh, Director and Chief Executive of the National Society for the Prevention of Cruelty toChildren (UK), said: “The time is right for Europe to become a corporal punishment free zone.

Many European countries have already changed their laws so that children have the same protection from assault as adults already enjoy. This is the only safe, sensible and just way forward. The onus is now on the remaining states, including the UK, to reform their laws so that violence towards children is no longer acceptable in any part of Europe.”

For further information: Peter Newell – attending consultation, Rm 4090 Union Grand Hotel Garni or Tony Samphier on +44 (0)208 671 2911 A copy of the report is available at the consultation from Peter Newell or by emailing tony.samphier@btinternet.com or at www.endcorporalpunishment.org