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

DOMINICAN REPUBLIC

No authorization for reproduction – Paper copy available in NGO Group

ECUADOR

The Americas

Foro Ecuatoriano permanente de organizaciones por y con los Ninos, Ninas y Adolescentes

(…)

(…)

Weakness and collapse of the institutionalism oriented to childhood and adolescence. The Ministries of the social area live a deep institutional crisis.

(…)

• 
  Inability of the NGO and of the State to face sensitive topics like the children traffic, the infantile prostitution, infantile work, the fight against the impunity. In this way, they miss their obligation of preserving their rights. Persistence of the impunity in the events of violation of rights related with the sexual abuses that teachers make in schools, and family.
  
• 
  Inability of the State to face the illegal adoptions and infantile work. Lack of political will in this respect and corruption in the handling of the adoptions.
  
• 
  Inability and resistance of the institutions to be adapted to the normative changes. It is necessary to modify the institutionalism in function of those changes.
  
• 
  There are serious deficiencies in the operation of the specialized Justice. The National Council of the Judicature has not been able to implement a serious, agile and fair justice for the children. The impunity continues in the cases of violence against the childhood and adolescence. Although it was opened the way for the children to pass from the Executive Function to the Judicial Function, this has not improved as the country wants.
  

The increase of death in adolescents for such violent causes as traffic accidents, homicides and suicides. These three situations caused the 45% of all the adolescents’ deaths in this country.

The lack of visibility of the magnitude of the infantile abuse was overcome in 2000 when the first survey of the situation of childhood was impelled and executed and just then children between 5 and 17 years old were asked about abuse. In March 2004, a new survey was performed in order to see the dimension of the topic (Data of the Observatory of Childhood and Adolescence Rights starting from the ENEMDU, March 2004).

The abuse from the parents. Between children from 6 to 11 years, 52% affirms that suffers mistreatment from their parents. 4% affirms to have indifferent parents when they make an error or they enter in problems, and a 44% points out that they receive a good treatment from their parents. The abuse diminishes as the children grow. Among those who are 12 to 17 years, the abuse is of the 32%, the indifference is 7% and good treatment ascends to 60%.

The abuse on the part of the teachers. When a boy or a girl in school age, among 6 to 11 years, has difficulties in the school, get bad grades, or misbehaves, these problems are solved by the 36% of the teachers with bad treatments that includes physical punishment, or leaving them without recess. 16% of the teachers react with indifference and for the 48% of the children their teachers treat them well. 16% of the adolescents in ages between 12 and 17 years are mistreated. A similar group of teachers treats them with indifference, the 16%, and the 70% receive -in their own criteria - good treatment.

The discrimination and exclusion against black children and natives are very strong. Is in the provinces with higher indigenous population where the indexes of mortality, malnutrition and education are the most serious.

Lack of harmony in the national standards (Penal Code, Civil Code and Code of the Work) with the Childhood and Adolescence Code and other similar laws.

Sexual abuse is still not typified in the Penal Code, as well as it tries, and infantile traffic, pornography and other sexual crimes against children and adolescents. The educational system favors the impunity of teachers.

(…)

The lack of institutions, policies, programs and an appropriate legal regulatory scheme to punish the infantile sexual exploitation. The only study bases on the situation of exploded girls for sexual trade determined that 5,200 girls in ages between 10 to 18 years are sexual exploitation objects.

Dismantling of existent programs in the Social Welfare Ministry, as that of Infantile Operation Rescues (ORI), which has impacted in the institutional separation.

The political parties’ interests and the lack of a social authority of this Ministry in charge of dictating and executing social policies.

Characteristic of the authoritarian Government and depending on political parties’ interests.

(…)

(…)

Fundamental freedom rights are violated, which is manifested in the adolescents’ criminalization and in the continuous curfews in the main cities, even trying to avoid going out at night, using this as an excuse for controlling juvenile gangs’ actions.

Impunity of people who are responsible for attempting against adolescents’ life, like in the case of possible ‘squadrons of the death ' that act secretly.

EGYPT

NGO Coalition On The Rights Of The Child

It is disappointing that some current practices violate this right. The issue requires a revision of the circumstances that allow the continuation of this violation. It is an issue of democracy and transparency of the bodies responsible for implementing the law. It is the issue of a citizen’s right, and children are citizens. For example, the street children reported in the first youth and child coalition meeting “the ill treatment of street children from certain authorities (the police and certain institutions; such as insults, beating and torture).” In addition to the quality of treatment in juvenile institutions, which falls short of rehabilitation.

The law regards violence in general as a criminal act if it leads to a wound that

requires treatment for a given period of time or if it results in a deformity. However, this penalization needs a clearer definition and a definite stipulation of all violent practices and inhuman treatment even if done within the household, with the necessity of finding a legal mechanism that would aid the victim of violence to sue the attacker and protect the victim. (pg 12/13)

[…]

3. CHILD PHYSICAL ABUSE (ARTICLE 19):

“54% of youth in schools state that teachers usually beat them in school. It is more common among males than females (61% to 46%), and younger ages than older ages (61% to 39%) in the rural areas (57%) more than in urban areas (50%)” (Adolescents Survey and Social Change in Egypt – March 1999).

This is despite the legal prohibition of beating in schools. This is also common in children’s workplaces and in detention/rehabilitation institutions. Physical abuse might also happen in homes; in addition to different forms of ill treatment and humiliation that affect children under the false pretext of upbringing. We expect that girls are more prone to abuse and ill treatment than boys especially

[…]

when they reach the age of puberty under the pretext of protecting them and controlling their behaviour. This is mainly as a result of viewing them as socially weaker in a prevalent culture that discriminates against them. As a result of the beating of some wives by their husbands, the female children of these families accept violence as a usual part of life; while the male children become more violent when they grow up. This causes many psychological problems to those children. It is necessary to combat this view, by addressing the prevailing belief, that beating is a pedagogical means. It is also necessary to criminalize all forms of physical abuse to children in all institutions. In addition to bringing to the awareness of parents and persons dealing with children other means and ways of child rearing and reforming the behaviour of the child based on acknowledging the child’s dignity and respect. (pg 14/15)

Health hazardous traditional practices

Female Genital circumcision is still widely spread. (Estimates differ between 80-97% according to a sample of studies), what is worst is that there is no recorded change in attitude. The majority of mothers, even educated ones, state their intention to circumcise their girls (DHS 95). This in spite of the decision of the minister of health to forbid circumcision of girls in hospitals; in addition to the big efforts undertaken

by NGOs in this field. This means there is a need to reconsider and evaluate the methods used in awareness-raising campaigns done so far and to identify more appropriate methods to combat female circumcision.

- A limited degree of decline has taken place in other areas of hazardous practices such as forcing girls to marry with unknown suitors, as well as some practices related to marriage nights.

- Physical punishment is still widely used as a method for child upbringing whether in school or at home. It is a method, which proved to have severe negative consequences whether physically, psychologically,

socially and educationally. (pg 21)

[…]

In addition, there are other jobs in which child labour is involved such as children working as house servants. Information about this group is scarce whether due to the difficulties arising in studying them or due to the tendency of ignoring this phenomenon. What is available to us is a study on the “analysis of media discourse on house servants between the years 1993-1998” in one of the widely distributed national newspapers. The study showed that the majority of those servants who were killed by their masters or committed suicide were among the girl child servants. They are in addition treated in an inhumane fashion such as physically being abused and beaten as well as not receiving enough food, clothing or cover” (Seham AbdelSalam, January 1999). (pg28)

In this respect we only would like to site without comments what the “street children group” said in the conference for the coalition of children and youth describing the trip of suffering to which they are constantly exposed to. “we are very badly treated in police stations with constant and endless movement from one police station to the other until we are finally released”. (pg 32)

EL SALVADOR

Americas

CRC Session 36, 17 May - 4 June 2004

CLADEM – English

http://www.crin.org/docs/resources/treaties/crc.36/El%20Salvador_ngo_report_CLADEM(E).pdf
"daily 500 people leave El Salvador on the way to the United States of North America" who travel through organized networks that charge excessive amounts of money to them, using irregular routes and cruel transportation.

[…]

The Second Report of the GOES before the Committee on the Rights of Children, will be examined according to four principles, which are:
1. The Principle of non Discrimination, 2. Principle of Superior Interest of Children, 3. Principle of the Right to Life and, 4. Principle of Participation:

[…]

The Constitution and Secondary Laws regulate the minimum age of incorporation to the labour market, as well as the prohibition for minors to accomplish dangerous and unhealthy work. In spite of this, the firework industry uses about 2000 boys and girls in very dangerous places where every year fires take place and cause very young victims. On the other hand, 5,000 children work in the sugar-marking season where many or them result with hurts in their hands and 25,000 children work in related activities.

In the fishing activity, more than 10,085 boys (86%) and 14% girls work in unhealthy and risky conditions. The long working hours and the nocturnal work demonstrate that 42% of the interviewed people do not attend the school alleging that they are so far from the schools.1/
The Human Rights Watch organization (2004) made a study about boys and girls that work in the domestic service and indicates that "young girls aged 9 years work in the domestic service in El Salvador, with a schedule that can surpass the 12 daily hours, up to six days a week and wages between 40 and 100 dollars monthly". The Code of Work excludes domestic workers to enjoy rights, therefore they are vulnerable to all upsetting. They are discriminated and there is no will to change this situation from the governmental sector in the Legislative Assembly.

[…]

it can be observed that in the minors arrest centers that are in conflict with the law, often there are arrested children who do not belong to gangs with others that are gang members that cause the firsts an irreparable damage.

[…]

In the Salvadoran capital, they are seen daily in the corners, where numerous drivers stop, many children aged 8 - 12, in deplorable conditions, they are children who live in the streets. This is not just an isolated case, but that is a social phenomenon conditioned by the relatives, communitarian and social dynamic that at the moment dominate the Salvadoran society, principally about the childhood. These children use the drug to survive and to mitigate the hunger and sleep in any place or outside their homes, that in most cases don’t have. The inherent dangers to this situation that suffer a big part of the boys and girls in El Salvador, are easily deductible.
The Olof Palme Foundation, between 2000 and 2002 denounced before the Office of the General Judge Advocate for the Defence of the Human Rights, the boys and girls mistreat by the national and municipal police. On this subject, on November 14^th 2002, newspaper "MAS" published that 40 children denounced that the agents mistreat them on different forms: a) hits with baton, punch, kicks b) flexions c) enforced work, they force them to wash their vehicles, to collect garbage or to load sand d) deprivation of freedom threats e) persecutions f) breaking of containers with glue and spill this material on their heads, (this glue is used to smell it and it works to them like drug, is highly harmful for the brain).

[…]

The National Council of Public Security (CNSP) is impelling the construction of football fields that young people like pretty much. With the support of the Canadian Cooperation and the Social Investment Fund for Local Development (FISDL), the CNSP is impelling the opening of a games field for 1,200 people to a cost of 60 thousand dollars, in the Maquilishuat, Cecilia and Progreso III communities, in San Salvador. It is a very small effort that has been made in this matter. As a result of this necessity, the government has promised to invest in year 2004, a million and a half dollars in infrastructure, for preventive programs and recreation that will benefit more than 45 thousand students in all the country.

[…]

On the other hand, the Domestic Violence is very high in all sectors, prevailing the physic mistreatment in the sector of low incomes and low schooling. So it’s demonstrates on a survey that was made by the Olof Palme Organization in 1999, which to this date the indices are the same.
Between the physic mistreatment, more than thousands people who answer the questions said that their parents use the following punishments: "slaps 52.59%; kicks 24.15%; pinching 27.82%; pushes 38.55%; burns 8.32%; with any object 72.54%; physic punishments 5.81%".5/
In the sectors of high incomes the emotional punishment is stronger 82.5%; negligence 52.5%; physic 17,5% and sexual 6,25% (2). In the low incomes sectors prevails physic punishment 87.12%; emotional 81.22%; negligence 68.87%; sexual 22%.
The mistreatment in the case of the labour children represents 97,4% and of the children who live in the streets it’s 96%. Also the study indicates that the greater rates of sexual abuse is in boys and girls from the rural areas aged 15 - 18 and in the labour children and those who live in the streets.

[…]

Situation of the Salvadoran children and adolescents in risk situation.
This chapter will show the difficult conditions great part of children and adolescents live in, also will show the social exclusion, the poverty, little education, family disintegration this part of the population has in common. For such aim we will treat thematic the following ones: work of children and adolescents in the domestic service, sexual violence, education, traffic of children and commercial sexual exploitation.

1. 
   Children and adolescent’s domestic work
   

The domestic work in El Salvador is not controlled nor supervised by the Ministry of Work, reason why official information does not exist on this particular issue. The people who work in the domestic service are under the will of their employers. The situation is more worrying when they are girls and adolescents.
The domestic work is generally made by girls and adolescents; the boys are used in smaller amount. The girls and adolescents girls are considered suitable to make the “reproductive work”: take care of children, cleaning, washing and other needs.
Different sources indicate that the domestic work is one of the activities that move away the girls from the school because they work an average of 8 to 12 hours daily, with a day and half free every 15 days.
The organization Human Rights Watch (2004) made a study on boys and girls that do work in the domestic service and indicates that "young girls until 9 years of age work in the domestic service in El Salvador, with a schedule that surpasses the 12 daily hours, up to six days a week and payments between 40 to 100 dollars monthly". The Work Code excludes domestic workers to enjoy rights, therefore they are vulnerable to all offense. They are discriminated and there is no will to change this situation by the governmental sector in the Legislative Assembly.
In addition to the labor exploitation that is very serious, there are practices in many sectors of the society that although are not accepted publicly, are accepted in the private space. These sectors consider normal that, men of the house abuse the domestic employees sexually, generally minor, to initiate their sexual practices if they are young men, in other cases they are mature men who abuse minors sexually. This situation is well-known, nevertheless, is a problem that never has been taken care of in its truthful dimension.
On these cases do not exist registries to indicate the magnitude of the problem, because the victims do not denounce the problem or they are sent to the street in difficult conditions.

Child Abuse and Sexual Violence

Different studies indicate that the Salvadoran society presents extreme characteristics of a patriarchal society. In thousands of cases, the men of the family are considered with absolute rights on the women of the family group.

In the low layers of the society it is frequent the crowd and the promiscuity, the alcohol and the drugs. These social conditions facilitate the child abuse and the sexual violence, produced by the father, stepfather, an uncle, grandfathers or a brother. In other occasions a near person of the family.
In relation to child mistreat the Salvadoran Institute for the Development of Women (ISDEMU), through the Program of the Family Relations took care of denunciations of young victims of abuse and sexual aggression.

1. 
   Child Abuse
   

In relation to childhood abuse, during years 2001, 2002, and 2003, there are registered a total of 4,457 denunciations, which 2,442 (55%) correspond to girls and 2,015 (45 %) to boys.

In year 2001 there are registered 1.252 denunciations of child abuse. 725 (58%) correspond to girls and 527 (42%) correspond to boys.

In year 2002 there are registered 1.688 denunciations of child abuse. 879 (52%) correspond to girls and 809 (48%) correspond to boys

In year 2003 there are registered 1.517 denunciations of child abuse. 838 (55%) correspond to girls and 679 (45%) correspond to boys

2. 
   Sexual violence
   

In relation to sexual aggression, between years 2001, 2002 and 2003, 933 denunciations were registered, 791 (85%) corresponds to girls and 142 (15%) correspond to boys.

During year 2001 were registered 198 denunciations of sexual aggression in minors

189 (85%) correspond to girls and 29 (15%) correspond to boys

During year 2002 were registered 300 denunciations of sexual aggression in minors

249 (83%) correspond to girls and 51(17%) correspond to boys

During year 2003 were registered 435 denunciations of sexual aggression in minors

373 (86%) correspond to girls and 62 (14%) to boys
Year Denunciations Girls Boys

2001	198	189 (85%)	29 (15%)
2002	300	249 (83%)	51 (17%)
2003	435	373 (86%)	62 (14%)
Total	933	811	142

Girls and Adolescents Traffic

The written, radial and televising mass media inform on this phenomenon: girls, boys and adolescents traffic with sexual objectives. A research work denominated Regional Investigation on Traffic, prostitution, infantile pornography and sexual tourism in Mexico and Central America, made by Liza Domínguez and sponsored by ECPAT International and International Alliance House, indicates the following:
"The traffic of boys, girls and adolescents with intentions of sexual commercial exploitation mainly takes place from the canton of the rural area towards departmental chief cities, ports and cities like San Miguel and San Salvador. That also occurs between borders and the calls "blind points" between Guatemala, Honduras, Nicaragua and El Salvador. The Honduran, Nicaraguan and Salvadoran girls are dealt to Guatemala; and Guatemalans, Honduran and Nicaraguan girls to El Salvador. This type of traffic is made by organized networks (often linked to the drug and cars traffic or to the traffic of people to the United States) or can be made by in an informal and "independent" way (as it is the case of those girls adolescents and adults who move themselves between countries by their own. About this last modality, in the cities of San Salvador, San Miguel, La Libertad and La Union there are cases of girls adolescents and adults coming from Honduras and Nicaragua that prostitute themselves in an "independent" way...."
The traffic of girls and adolescents is intimately related to the infantile pornography, the sexual exploitation of girls and adolescents, the drug traffic, etc. There are very organized networks that are very difficult to disarticulate; this problem would be smaller if in each country existed the minimum conditions so that the boys, girls and adolescents couldn’t be victims of people and groups without principles.
In relation with the children and adolescent pornography, in 2003, the lawyer Nelson García was accused because of the crime of children and adolescents´ pornography and sexual harassments. The year after was captured but, despite the charges, he never went to prison because his lawyers convinced judge Alba Estela Zelaya that Mr. García was suffering a high level of malnutrition and his weight was very low. Because of these reasons the Judgment assigned him the Rosales´ Hospital as his detention center. Due to these actions women organizations manifested their concern especially after the treat favorably of the Superior Court that got him free after he paid a deposit of 15 thousand American dollars.

During a press conference, Ima Guirola, claimant and representative of CEMUJER expressed her alarm: “this is an impunity act and a message against the protection of the children. Mr. García has violented the law itself and the morality”. With this resolution, been exposed by the media for several weeks, the childhood has been violated twice.

Commercial Sexual Exploitation of Boys, Girls and Adolescents (CSE)
The PANIAMOR Foundation of Costa Rica characterizes the commercial sexual exploitation of boys, girls and adolescents like:

"... a fundamental violation to the rights of the childhood and adolescence, a modality of abuse that implies not only the sexual victimization of a minor from other person, but the obtaining of a remuneration in money or species like product of the victimization; a contemporary form of slavery and forced and harmful activity that generates incomes ".

[…]

The boys and girls that live in the street or work in there are vulnerable to these offences. "They are considered like criminals and not like boys and girls, people do not recognize their rights and some members of the security forces had abuse them in so many ways: robbing their money, sexual abuse, hit them and even murdering some of them.8/

[…]

A study made in 2000 by the Asociación Programa Centroamericano para la Sostenibilidad (PROCESO) found the following results: in 1,592 students from 29 educative institutions of San Salvador, three of each four young people participated in some kind of organization, specially in youthful groups (25.6%), sport clubs (26.%), religious associations (31.6), ecological social movements (7.6%), cultural groups (3.5), political parties (2%) and volunteers organizations (1.8).

From the previous information we can say the following: the young people look for their own recreation channels, the cultural groups represent a very low percentage because its promotion is very poor from the State Institutions.

[…]

More of 50% of homes are lead by women because of many reasons: paternal irresponsibility, emigration of the father or the mother to other countries searching for jobs, or by lack of education of the parents.

[…]
Right to the integral protection against the illicit transfer or illicit retention of boys, girls and adolescents, article 11

In El Salvador, many boys, girls and adolescents are affected by the disintegration and they challenge all dangers –including the legality - to meet their parents that have paid a lot of money to take them to another country. These children and young people that gain to pass the national frontiers are captured in Guatemala, Mexico or near the United States. While this is happening, national frontier authorities, do not know about these actions. Press notes affirm that, there are Salvadoran boys and girls that are displaced to other countries as Guatemala, Mexico or the United States (San Diego / California), where they are victims of prostitution.

[…]

. The education resources are not enough to incorporate 800 thousand illiterate people to the educative system and more than 600 thousand boys and girls who do not receive education, in spite of this, the educative investment will be diminished in 2004". 12/

At the moment there are 5,042 schools in all the country, the 2004 registration is about 1.731,144 students and the education budget is 391,4 million plus 13,8 million that is granted by the State as a “Bono de Gratuidad” (free Boucher), this since it was abolished the decree of the "voluntary quotas" – actually, were obligatory payments- that were an obstacle for parents and mothers who could not pay for it. Their children were discriminated at schools and many parents argued they were not able to pay that amounts therefore their children remained outside schools. The contribution made by parents and mothers was 100 million.

Directory: docs
docs -> Application for acem
docs -> Observational Assessment of Teaching Practices Teaching Assessment Initiative Proposal Submitted to The Teachers for a New Era project
docs -> Traditional British values
docs -> From Warfighters to Crimefighters: The Origins of Domestic Police Militarization
docs -> Borzoi Club of America Register of Merit Program I. What is a Register Of Merit
docs -> Protecting the rights of the child in the context of migration
docs -> United Nations E/C. 12/Esp/5
docs -> 9th May 1950 the schuman declaration
docs -> Getting To Outcomes® in Services for Homeless Veterans 10 Steps for Achieving Accountability

Download 4.33 Mb.

Share with your friends: