A compilation of extracts from ngo reports to the Committee on the Rights of the Child relating to violence against children This document is an annex to the publication

CAMEROON

Coalition des ONG Camerounaises pour les Droits de l'Enfant – French

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Dans l'ensemble ces dispositions sont positives; toutefois, à cause des pesanteurs, des résistances, toutes ces mesures ne donnent pas toujours les résultats escomptés.

- Prendre des mesures législatives interdisant et réprimant les mutilations génitales féminines;

- Rapprocher davantage les centres d'état civil des populations;

- Mettre en application l'article 38 de l'Ordonnance n° 81/02 du 29 Juin 1981 relative à l’état civil.

- Mobiliser les communautés contre les mutilations génitales féminines.

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A- Les enfants en situation d'urgence (pp 85 à 87 du RIC)

Le problème des réfugiés se pose avec beaucoup d'acuité, qu'il s'agisse des femmes ou des enfants dont certains sont d'anciens soldats.

- Identifier les réfugiés;

- Faciliter, encourager et organiser le retour des familles des réfugiés dans leurs pays d'origine qui ne sont plus en conflit;

- Veiller à la conservation des équilibres démographiques dans la politique d'accueil et d'installation des réfugiés.

- Prendre toutes les mesures nécessaires pour l’encadrement des enfants sur tous les plans.

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Dans ce domaine, l’action des ONG est intense et dynamique. Il convient d'ajouter dans le rapport les données statistiques sur les enfants en conflit avec la loi.

- Créer des juridictions pour mineurs;

- Former des juges pour mineurs

- Veiller à l'application effective du décret 92/52 du 27 Mars 1992, portant Régime pénitentiaire au Cameroun;

- Fixer un délai légal maximum d'un mois pour la durée de la détention préventive des mineurs; ou selon les cas, les placer en liberté surveillée dans leurs familles ;

- Placer les enfants en difficulté avec la loi dans des centres de rééducation dans un délai d'un mois après leur arrestation ;

- Promouvoir des méthodes alternatives à l'emprisonnement, notamment le travail d'intérêt général;

- Rendre plus fonctionnels les centres spécialisés pour l’encadrement des enfants en conflit avec la loi ;

- Créer des brigades spécialisées pour mineurs et aménager dans les Commissariats de Police et Brigades de Gendarmerie, des locaux pour mineurs.

Aux ONG :

- Organiser des activités d’IEC sur la protection des enfants.

Malgré les dispositions et les mesures prises, il y'a actuellement un développement de la culture et de la consommation des drogues.

- Ratifier la Convention 182 de l’O.I.T. visant à abolir les pires formes de travail des enfants, et mettre en oeuvre le programme IPEC;

- Créer des centres pilotes gratuits de programmes scolaires incitatifs dans toutes les provinces, car à Yaoundé par exemple le taux de scolarisation n'est que de 38%;

- Renforcer les moyens du Comité National de Lutte Contre la Drogue (CNLD) afin qu'il puisse étendre son action sur le terrain;

- Initier une recherche systématique sur le travail des enfants au Cameroun ;

- Développer et renforcer la coopération avec le Programme des Nations Unies pour le Contrôle et l’interdiction des Drogues.

- Organiser des activités d’IEC sur les stupéfiants.

L'exploitation sexuelle des enfants, notamment l'inceste, est un phénomène croissant qu'il faut combattre. Des mesures législatives doivent être urgemment prises pour combattre, réprimer et enrayer ce phénomène. L'implication de l'ensemble des acteurs sociaux, notamment les ONG est indispensable.

- Elaborer et adopter un plan national de lutte contre l'exploitation sexuelle des enfants;

- Veiller à l'application des lois régissant les activités de tourisme et de loisir, notamment le séjour des mineurs dans les établissements hôteliers;

- Initier une recherche pour faire le point sur l'exploitation sexuelle des enfants au Cameroun.

- Poursuivre les campagnes d'information et de sensibilisation des communautés sur les conséquences de l'exploitation sexuelle des enfants;

- Mettre en place des programmes d'assistance aux enfants victimes de l'exploitation sexuelle;

- Faire un plaidoyer auprès des leaders communautaires pour les sensibiliser sur les inconvénients et les dangers des mariages précoces

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E)- Enfants privés de leur milieu familial (pp 50 à 51 du RIC)

Des centres d'accueils pour enfants privés de milieu familial existent ainsi que le dit le Rapport Initial. Mais ces centres portent souvent des noms à connotation péjorative et source de frustration psychologique durable pour les enfants qui y séjournent. Cette remarque est valable tant pour le gouvernement que pour les ONG. En plus, le rapport ne cite pas les oeuvres sociales privées.

- Procéder à une analyse des situations des centres privés de la petite enfance.

- Procéder à une recherche sur l'influence des sectes sur les enfants en rupture avec le milieu familial

- Initier une recherche sur l'influence des médias , sur les enfants notamment le cinéma et la télévision.

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G- Abandon ou négligence, y compris Réadaptation physique et Réinsertion

Sociale ( pp 56 à 58 du RIC)

En plus des disposition législatives et juridiques relatives à l'éducation, il convient d'ajouter le texte interdisant les châtiments corporels en milieu scolaire.

Par ailleurs, les abandons d'enfants sont de plus en plus nombreux.

Recommandations:

Au Gouvernement:

- Ouvrir à l'Ecole Nationale des Assistants Sociaux, à l'Ecole Nationale de Magistrature (filière Affaires Sociales) et à l’Institut National de la Jeunesse et des Sports (Section Conseiller de la Jeunesse), des filières spécialisées pour l'encadrement de l'enfance et de la petite enfance dans le cadre de la formation et du recyclage des encadreurs sociaux.

- Organiser le cadre réglementaire de la participation des ONG dans l'encadrement de l'enfance et la petite enfance en application de la loi de Décembre 1999 sur les ONG.

- Prendre des mesures pour recueillir et encadrer les enfants abandonnés dans les grands centres urbains.

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CANADA

North America

Canadian Coalition for the Rights of the Child English

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RIGHTS ALERT: In some jurisdictions, children over the age of 16 are not eligible for child protection services.

RIGHTS ALERT: Section 43 of the Criminal Code should be repealed to prohibit corporal punishment.

NEEDS ACTION: The reform of child welfare systems must continue across the country and Canadians must develop effective community responses to families at risk.

NEEDS ACTION: Increased resources should be dedicated to identifying, understanding and preventing child maltreatment, particularly neglect.

NEEDS ACTION: Public education is needed about alternatives to physical punishment.

NEEDS ACTION: Child welfare research and data are seriously lacking.

. There are no national statistics on child abuse and neglect in Canada.

. There is insufficient information about how to prevent and treat child abuse and neglect. There is little information about the outcomes of existing services.

. Child welfare systems need better integration with mental health, education, justice and other community services.

NEEDS DIALOGUE: Canadians need a public dialogue about a commitment to and accountability for children who need protection.

. Children in care may not have access to the services and resources they need and their views may not be heard.

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Negative assumptions about the quality of life enjoyed by persons with disabilities undermine respect for their fundamental rights. Recent examples include Robert Latimer’s two-year sentence for the second degree murder of his daughter Tracy, who had cerebral palsy. The judge in this case reduced the mandatory life sentence because the suffering experienced by Tracy was seen to justify the “mercy killing.” (The decision is being appealed by the Crown.) In another example, a 17-year-old boy with Down syndrome was denied a place on a waiting list for a lung transplant until public pressure led the Alberta hospital to revise its policy on transplants for people with disabilities.

Violence and homophobia among students are recognized problems in Canadian schools. Although youth crime is decreasing, research suggests that up to 25 percent of students suffer violence at the hands of other students. Some schools have adopted a “zero-tolerance” response to youth violence and suspend students involved in violent acts from school. Zero-tolerance, however, can further marginalize students who are already at risk of school failure. There are few initiatives that specifically address homophobic violence in schools. Pg 26/140

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Article 19: Child Abuse and Neglect
1. 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.

2. Such 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. Interpretation:1 Article 19 asserts the child’s right to physical and personal integrity. It is linked particularly to the right to life and to maximum survival and development guaranteed under article 6 and to article 3, that in all actions concerning children, the best interests of the child shall be a primary consideration.

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It is true that article 5 of the Convention requires States Parties to “respect the responsibilities, rights and duties of parents to provide appropriate direction and guidance” to children. Nevertheless, the Committee has commended States Parties that have implemented a clear prohibition of corporal punishment within the family and has particularly criticized a number of countries whose criminal and civil law includes specific confirmation of parents’, teachers’ and some other caregivers’ rights to use violent forms of punishment provided it is “reasonable” or “moderate.” In this regard, the Committee has stated that “the dividing line between the two [correction of children and excessive violence] is artificial. It is very easy to pass from one stage to the other. It is also a question of principle. If it is not permissible to beat an adult, why should it be permissible to do so to a child?”

The Commission said that while protecting the rights of children is largely dependent on

the quality of the services provided by the Youth Protection staff, this responsibility is “becoming diluted as part of a broader series of changes that include the assimilation of child protection services.”16 The Commission found that the “profoundly inadequate services” provided to the children in this case resulted from a lack of: attention to previous reports; coordination of information; specialized training; supervision; record keeping; and local guidelines for intervention.

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The Royal Commission on Aboriginal Peoples catalogues the problems and the limitations of existing child welfare services in resolving them. Among these issues are:53

• intergenerational effects: the consequences of past errors continue to be felt in successive generations of Aboriginal families;

• external control of services and inappropriate funding: child welfare policy is set in provincial

institutions and is based on a non-Aboriginal value system and world view;

• the need for community healing: families are losing their young less frequently to distant non-Aboriginal

foster homes and adoption, but they still suffer the effects of highly dysfunctional families and community turmoil;

• inadequate follow-up and evaluation, as illustrated by the problem of repatriating children seeking to

re-establish their Aboriginal identity;

• marginal and insufficient urban services, despite the increase in the urban Aboriginal population;

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. Sixty-seven percent of children in care are Aboriginal.

. The rate of adolescent suicide among Aboriginal youth is six times the provincial rate.

. The death rate of Aboriginal children is four times the provincial average.

. Aboriginal children use 50 percent of the children’s hospital’s beds.

. Aboriginal youth make up 69 percent of the youth in correctional custody.

. Approximately 50 percent of Aboriginal children live in poverty.

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Section 43 of Canada’s Criminal Code allows “reasonable force” to be used against children and this provision has been used to justify a child being punched in the face or pushed down a flight of stairs.66 Section 43 states that: “Every school teacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.” While Canada’s constitutional division of powers places child welfare and child protection under provincial jurisdiction, criminal assault is a federal matter.67 Justice Weagant, in his ruling on R. v. James, [1998] O.J. No. 1438 (Ont. Ct. of Justice, Prov. Div.), describes how Section 43 singles out children: An assault in law usually means the intentional

Justice Weagant further states that:

• there is some variance across the country with the legal test to demonstrate whether the force used was

excessive;69

• the child has absolutely no due process at all;70

• Section 43 is in direct conflict with the UN Convention on the Rights of the Child;71 and

• “I think this is an area that begs for legislative reform.”72

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• 39 to 68 percent of girls with intellectual disabilities will be subject to sexual abuse before the age of 18;

• 16 to 30 percent of boys with intellectual disabilities will be subject to sexual abuse before the age of 18;30

• 54 percent of boys who are deaf have been sexually abused, compared to 10 percent of hearing boys;

• 50 percent of girls who are deaf have been sexually abused, compared to 25 percent of girls who are hearing;31

• 39 percent of children with multiple disabilities admitted to a psychiatric hospital have suffered

maltreatment (mainly physical abuse);

• 40 percent of sexually abused children with multiple disabilities admitted to a psychiatric hospital have been abused by more than one perpetrator.32 Every province and territory has legislation to protect children from abuse and violence. It is an offence under Canada’s Criminal Code to deny the basic necessities of life to persons with disabilities when it involves permanent injury or severe harm that endangers the victim’s life. In some cases, courts have awarded custody and state protection due to parental failure to address the disability-related needs of children. The courts have also highlighted the state’s responsibility to ensure that disability-related needs are addressed.33

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Assumptions about the quality of life of persons with disabilities can affect their legal protection from abuse and violence. For example, when Saskatchewan farmer Robert Latimer murdered his daughter, Tracy, many saw this as a mercy killing and over 26,500 people signed a petition in his support.39 Robert Latimer was sentenced to two years less a day for second-degree murder, a conviction that normally has a mandatory life sentence and no eligibility for parole for 10 years. Both the Crown and the defendant are appealing the sentence. The Crown said that “Tracy’s disability had a significant impact... on the decision to end her life. And to permit a person’s life to be taken [under the defence of necessity] runs contrary to all our legal principles.”40 According to Bruce Uditsky of the Alberta Association for Community Living: Robert Latimer’s sentence and the rationale for its reduction creates a clear and present danger to the lives of our children and other Canadians with disabilities... Societally sanctioned devaluation, as exemplified by Justice Noble’s reasoning [in the Latimer case], invites discrimination, prejudice and abuse.41

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Calgary’s Action Plan on Gay/Lesbian/Bisexual Youth and Staff Safety has been protested against by a 250-member “Parents Rights in Education” group.133 The British Columbia Teachers’ Federation’s efforts to fight homophobia and heterosexism in public schools generated a strong negative reaction from the BC Confederation of Parent Advisory Councils. The Surrey School Board disallowed resource materials depicting same-sex families, which was contested in the Chamberlain case.134 The British Columbia court found that the Surrey School Board exceeded its authority.135

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The 1997 death of five week old Jordan Heikamp, and the subsequent recommendations for change released in April 2001, highlight a variety of problems with child protection systems in Canada. Recommendations emerging from the Heikamp case include the increased focus of child protection workers on the child in need of protection rather than parents, and education programs for high risk parents and for child protection workers.

Aboriginal children continue to be overrepresented among children involved with Canada’s child protection system. There is growing consensus among First Nations communities that Aboriginal children are not well served by existing child welfare systems, and that control of Aboriginal child protection should be returned to First Nations authority.

The many attempts to have Section 43 of Canada’s Criminal Code, which permits the use of force against children as a legal defense, repealed have been unsuccessful. Consistent with the UN Committee’s 1995 recommendation, Section 43 must be repealed to protect the rights and best interests of Canada’s children. The Supreme Court of Canada is scheduled to hear an appeal on June 6, 2003.

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In 2001 there were 65,000 children in care in Canada, compared with 40,000 in 199642. This increased emphasis on child protection, and subsequent increase in identification of children in need of protection, places greater demands on Canada’s child welfare systems. Greater volume of services brings forth questions about sustainability and accountability.

The Canadian Incidence Study on Reported Child Abuse and Neglect , (CIS) released in 2001, represents significant progress as the first comprehensive source for national statistics on the nature and extent of child abuse and neglect in Canada. The CIS is a valuable tool for policy makers and those on the frontline of Canada’s child protection system, as it enhances our understanding of child protection issues and facilitates the development of meaningful intervention strategies. Data collection for the 2003 CIS is expected to begin in the fall of 2003.

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The CIS identifies 4 categories of child maltreatment: physical abuse, sexual abuse, neglect and emotional maltreatment.

At 40% of all investigations, neglect was the most common reason for investigation. Physical abuse comprised 31% of investigations, followed by emotional maltreatment (19%), and sexual abuse (10%).

In almost half (43%) of all substantiated cases, prolonged child maltreatment continuing beyond six months in duration was found.

In 17% of substantiated cases, physical harm (defined as bruises/cuts/scrapes, burns and scalds, broken bones, head trauma, other health conditions, and death) to the child was observed.

Emotional harm (defined as changes in the child’s development, selfregulation and emotions apparent for at least 48 hours) was noted in 34% of all substantiated cases. In 21% of cases, emotional harm was severe enough to warrant treatment.

The CIS cites a Statistics Canada study estimating that 100 child homicides are documented by police across Canada every year46.

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Male victims were overrepresented in physical abuse cases (60% of substantiated cases) and girls were overrepresented in cases of sexual abuse (69% of substantiated cases). Gender distribution was found to be generally even in cases of neglect and emotional maltreatment.

At least one child functioning issue was identified in 50% of substantiated child maltreatment cases. The most common concerns were related to child depression or anxiety and developmental delays.

Families of maltreated children were 1.5 times as likely to be headed by a single parent than by two parents.

In more than 20% of substantia ted maltreatment cases children were considered to be living in unsafe housing conditions.

In 25% of cases, children had experienced one or more moves in the previous six months.

The caregivers of maltreated children were described as having adjustment problems including alcohol/drug abuse, mental health problems, a childhood history of abuse, and spousal violence.

Responses to Child Maltreatment

Two third of substantiated child maltreatment cases were referred to child protection agencies by professionals in the community including school personnel and police

In 72% of substantiated cases, children were not seen as requiring placement outside of the home. The majority of out of home placements involved neglect. Out of home placements were required less often in physical or sexual abuse cases, and only 6% of the time in cases of emotionalmaltreatment

Seventy-seven percent of cases resulted in referrals to child or family support services to assist families experiencing difficulties. Most common referrals were for counseling for children and drug counseling for caregivers.

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There continues to be concern about the quality of care provided to youth in care. Two inquests in Ontario conducted in 2001 and 2002 drew our attention to the treatment of children while in the care of the state and the lack of accountability within that system. William Edgar, a 13 year old boy who was a Crown ward, and Stephanie Jobin, a 12 year old autistic girl, both die d after being physically restrained by staff of the group homes in which they lived. In both inquests the juries recommended better training and accountability for staff and those running care facilities. The Voices from Within report 4726 was specifically endorsed by the jury in the Edgar inquest and points out significant issues for youth in care from their perspective. Concerns were expressed at the inquest in respect of insufficient training of staff and the lack of accountability within the care system. The Jobin Inquest jury reiterated the many recommendations of the Edgar Inquest jury, most of which had not yet been implemented at the time of that inquest.

The 1997 death of five week old Jordan Heikamp, and the subsequent recommendations for change released in April 2001, highlight a variety of problems with child protection systems in Canada. Baby Jordan was born prematurely on May 2, 1997, to 19 year old Renee Heikamp, who had been living on the streets for several years. After 11 days, Jordan was released from a Toronto hospital under the supervision of the Catholic Children’s Aid Society, and was living in a government funded shelter with his mother. Thirty seven days after his birth, Jordan died of starvation, weighing only four pounds two ounces - less than he weighed at birth48. Jordan wasted away under the supervision of shelter staff and social workers49. Two photographs filed as evidence at the coroner’s inquest showed the baby's skin stretched over his protruding ribs, joints and tiny skull. Jordan’s mother and the child protection worker who was assigned to his case were charged with criminal negligence causing death. The charges were later dropped but a coroner’s jury found the two responsible for the death of Baby Jordan. Following thecoroner’s inquest, in April 2001, the coroner’s jury released 44 recommendations to improve Ontario’s child protection system51. The first recommendation was that “…it should be made clear to all Child Protection Workers and their Child Protection Supervisors that their client is the child in need of protection not the parent or the family”. Other recommendati

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Aboriginal children continue to be overrepresented among children involved with Canada’s child protection system. A recent study by the British Columbia Ministry of Children and Family Development reported that in March 2001, Aboriginal children accounted for nearly 40% of British Columbia’s children in care 54. Aboriginal children are 6.3 times more likely to be placed in care than non-Aboriginal children. Similarly, in 2001, although Aboriginal children account for only 21% of Manitoba’s child population, they account for 78% of the province’s children in care. There is growing consensus among First Nations communities that Aboriginal children are not well served by existing child welfare systems, and that control of Aboriginal child protection should be returned to First Nations authority.

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R. v. C. (G.) 51 WCB (2nd.) 417, NFLD 2001. A 14 year old girl was struck with a belt 3 or 4 times across the thighs causing welts and bruises after returning home after curfew. The father was charged and acquitted of Assault with a Weapon.

R. v. Skidmore Unreported No. 8414/99 June 27, 2000 Ontario Nosanchuk, J. A 13 year old boy was grabbed by the arm and throat, pushed against a wall, and accidentally hit on the head with a clipboard for ignoring instructions not to kick a volleyball in gym class, and continued “horseplay” contrary to instructions. The teacher was charged and acquitted of common assault.

R. v. Holmes Unreported No. 555-01 0267-998 Aug 31, 2000 Que. Lapointe, J. A 13 year old boy was lifted off the ground by his chin and head and held in a wrestling hold by a 260 lb. teacher for fooling around in gym class. The teacher was charged and acquitted of assault causing bodily harm. These cases indicate that assaults causing physical harm to children are not considered abuse under federal law.

The Canadian Incidence Study on Reported Child Abuse and Neglect , (CIS) found that inappropriate punishment was a factor in almost 70% of substantiated cases of physical abuse in Canada 62. A large body of child development literature also supports a link between corporal punishment and abuse. Despite expert consensus, many parents and teachers continue to advocate corporal punishment as a reasonable means of child discipline. The Canadian Teachers’ Federation (CTF) supports Section 43 stating that while CTF opposes the use of corporal punishment Section 43 “allows teachers to intervene, when appropriate and without fear of criminal prosecution, in situations that arise on a day-to-day basis within schools”63. Also, the results of a study conducted in 2002 by the Canadian Press and the Leger Marketing Company indicate that 50% of parents have used “light physical punishment, like a slap” to discipline a child, and that 70% of parents are opposed to legislation banning spanking. Consistent with the UN Committee’s 1995 recommendation, Section 43 must be repealed to protect the rights and best interests of Canada’s children.

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Canada's child protection legislation and the Canadian Criminal Code prohibit the sexually exploitive use of children, and in comparison with many other countries, the sexual exploitation of children is relatively uncommon. In fact, the existing legislation was strengthened in 1997 with amendments to the Criminal Code (Bill C-27). The amendments allow for prosecution of persons who engage in child sex tourism in other

countries, and facilitate the apprehension and prosecution of persons who seek out the services of child victims of sexual exploitation in Canada. Moreover, Canada has played a seminal role in promoting awareness of sexual exploitation and working toward its reduction. This was well exemplified in the Out From the Shadows International Summit of Sexually Exploited Youth, a landmark initiative in its inclusion of youth.

Nonetheless, NGOs did express concern about sexually exploited children, particularly for street youth who are the most vulnerable, and for Aboriginal youth who in disproportionate numbers end up in the sex trade as a means for survival. It is recommended that services be systematically available to treat the serious and persistent physical and psychological difficulties experienced by child victims of sexual exploitation, and that young people exploited in the sex trade in all provinces be treated under child welfare rather than criminal legislation. In addition, special emphasis needs to be given to enable Aboriginal youth to re-establish cultural connections and find strength in their heritage. This should help address the problem of low-self-esteem which increases vulnerability to sexual exploitation.

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Existing statistics from major urban centers indicate that children represent a substantial proportion of Canada's homeless population. Police records indicate that in 1996, 43,680 children were runaways and in 1999 there were 47,585 runaways entered on the RCMP CPIC (Canadian Police Information Centre) database. Estimates indicate that approximately 60% of street youth are those who have left home to escape an abusive family situation or those who have been forced to leave home by neglectful parents. Of great concern to NGOs here is that of these, 58% were female and as such especially vulnerable to involvement in prostitution. Of equally great concern is that Aboriginal children are highly over -represented among children living on the streets.