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
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PHILLIPINESSouth Asia CRC Session 39, 16 May - 3 June 2005 NGO Coalition for Monitoring the CRC http://www.crin.org/docs/resources/treaties/crc.39/Philippines_Coalition_update[1].pdf […] Cases of child abuse (from maltreatment to rape to forced labor to homicides to murder), exposure to and involvement in substance abuse, malnutrition, school dropouts and illiteracy, and discrimination of children in various forms – remain at alarming levels. […] Consultations also report that interventions have succeeded in influencing reduction of cases using corporal punishment in the family and school settings; peer counselors, facilitators, junior advocates, mostly identified and developed under NGO programs, are in place in their partner communities/schools; alternative training sessions/seminars on CRC, adolescent reproductive health, and protective behavior, again primarily because of NGO initiatives, are being undertaken by children themselves; and children […] As a result, school authorities are incapable of handling gang/fraternity-related violence cases such as hazing and bullying; child-insensitive terms are still used by teachers and even administrators, and child leaders are stymied in their efforts to address teachers' abuses. […] A case in point was that of a group of child domestic workers who moved for the removal of a teacher who publicly degraded their lot. The consultations also cited how CRC promotion was facilitated through the children’s use of creative art forms like theater, which they themselves led, and how awareness has led them to serve as models for others to emulate such as when motivating their siblings to return to school. […] the downside, though, the consultations deplore the increasing number of child domestic workers whose rights remain unprotected. It is felt that the reports of abuse inflicted on them, though increasing in pattern, is just the “tip of the iceberg” as child domestic workers are typically “undocumented” since no law requires some kind of formal registration for them. […] the absence of adequate legislation governing juvenile justice and the deplorable situation of children in detention, including those held without evidence for prolonged periods of time; b) persistent reports of ill-treatment/abuse, including sexual abuse, in situations of detention and children being detained together with adults where conditions of detention may amount to cruel, inhuman and degrading treatment; c) street children vulnerable to extrajudicial executions and various forms of abuse and exploitation; d) children as young as 13 allegedly being used by armed groups without adequate measures of protection by the State; and, e) economic exploitation of children, in particular the informal sector. […] Concern was also expressed regarding reported cases of extrajudicial killings, arbitrary detention, harassment, intimidation and abuse, including of detainees, many of whom are women and children, which have neither been investigated nor prosecuted. Such a situation is conductive to perpetration of further violations of human rights and to a culture of impunity. […] The Coalition Against Summary Executions (CASE) reported on Davao City's experience on summary executions where around 177 persons from urban poor communities had been murdered with more than 2/3 of the killings taking place in the past 2 years. One out of ten victims were children aged 14 to 17 and the figure could even be higher as the ages of 33 victims could not be determined. All but one of these children were boys, most of whom (7 of 18) committed the crime of theft. Reports also revealed strong possibilities of ill treatment/torture prior to killing as some corpses were found blindfolded, hogtied, adhesive tape wound around the head and bore several stab wounds. A fifth of the victims were killed a few hours or days after being released from police stations or from the Davao City jail. […] no results as to who was responsible for the killings came out. Depositions gathered mostly from street children and youth gang members who were also harassed by unidentified men seem to point the blame on armed vigilantes with the implied consent of people in power. […] Residential or rehabilitation programs for abused children are found to be inadequate in terms of number while a good number of the existing ones need to improve their services. 6. At the local level, the mechanism for children's protection is perceived as useless. Barangay the local structures are inactive. The perennial issue of fund insufficiency affects the ability of the government to address these concerns. […]
Demolition of houses, especially in Metro Manila, continues to be a reality that affects children the most. Some are carried out without the required warning and adequate lead time. As a result, the demolition proves to be a traumatic experience as families are not even assured of a relocation site with the basic amenities required for a decent living. The dislocation, in many cases, translates into loss of livelihood for the parents and dropping out of schools not to mention the psychological effects caused by the tension that normally characterizes every demolition activity. There is recognition of the need to develop relocation sites but the efforts and the limited resources, more often than not, cover just the housing component and ignoring the other equally important social services that should all form part of a comprehensive […]
the move is a cause for serious alarm among advocates for child rights. Since families are not in a position to accept their children back, we just might be crafting a formula for increasing the population of street children or juvenile delinquents. […]
The UN Committee Recommendations indicated the need to attend to the level of violence and high incidence of ill-treatment including cases attributed to the police/military personnel specifically the lack of rehabilitation measures for such children, the failure to take effective steps to prosecute/punish those responsible for violations against children, or to make public decisions taken including those towards pedophiles, and the need to increase programs addressing these children's situations. [...]
The NGO Consultations report incidents of the following, which reflect the lack of protection of children from violence: Economic hardship force children to work even in exploitative conditions; many children are victimized by syndicates that force them to act as couriers in the drug trade, beg or steal under threat of physical abuse or punishment. In the face of all these, the private and public sectors’ initiatives to protect them are found inadequate, if not, ineffective. Constant gang/fraternity-related violence affects children resulting in physical injuries and even death. The reports on unsolved summary executions of children can be cited as another strong case against the government’s compliance with the CRC. Furthermore, children are inevitably caught in the middle of clan/tribal disputes resulting in deaths or injuries. In a similar setting, children are recruited as combatants by extremist and lawless groups (e.g. Abu Sayaff and the New Peoples’ Army). If not directly involved in combat, children are traumatized by the clashes between the government forces and the rebels. What is worse is that there have been reports on children executed by the military, cases which have not been adequately investigated as yet. […]
Differently-abled children under those categories who live in the far flung areas are, thus, neglected. The parents and the community do not understand the nature and meaning of disability. Negative traditional beliefs prevail and these children, many of whom require serious medical intervention before rehabilitation sessions can be started, do not get the care and attention they need. Government's rural health services hardly reach the barangays. […]
a) Poverty is a major factor that puts children at risk of offending, pushing children / young people outside their homes into the streets among their peer group; b) Children tend to offend in the course of their livelihood activities (peddling, begging) which violate laws / ordinances in many localities; c) More boys than girls are CICL, with an average age of 14.4, with proportion of older children in custody increasing with age, with majority reaching only grade 6; d) Family violence – not gangs’ influence – is the major factor for children becoming at risk of offending, usually against property, usually involving cellular phone snatching / shoplifting, substance abuse, and, violation of local ordinances like curfew / vagrancy; e) Shopping malls / congested areas / streets were common venues for offences committed. Moreover, CICL rights were violated and / or ignored in the process of justice administration as evidenced by: a) abuses from law enforcers (i.e. verbal, physical, psychological), which were common occurrences; b) denial / violation of the CICL’s rights to bail, privacy and information; c) children were pressured into a plea of guilt, public lawyers’ representation tended to be superficial / last minute; d) conditions in both police cells /jails were very poor, with basic facilities / supplies essentially lacking; e) penalties set by outdated laws tend to be quite stiff in proportion to offences usually committed; f) practices / procedures in most family courts remain hostile / prejudicial to CICL; g) international minimum standards were often not upheld; non-custodial sentences were seldom used and suspended sentences are usually spent in detention in rehabilitation centers. […] new law addressing the worst forms of child labor has been passed while legislation responding to the situation of children domestic helpers is currently pending in Congress. […] The NGO consultations report that children are forced to work primarily due to economic poverty. The big family size (average of 6 members), which is prevalent among the low income families, increases the pressure on the entire family, particularly the parents, to provide for their basic needs. Thus, even young children are compelled to earn even under exploitative conditions (e.g. working for syndicates) and/or hazardous conditions (e.g. salvaging trash that can be sold to junk stores). The belief that more children will mean more hands that can help parents in earning a living still exists among the economically-disadvantaged families. […] The NGO consultations report that children are forced to work primarily due to economic poverty. The big family size (average of 6 members), which is prevalent among the low income families, increases the pressure on the entire family, particularly the parents, to provide for their basic needs. Thus, even young children are compelled to earn even under exploitative conditions (e.g. working for syndicates) and/or hazardous conditions (e.g. salvaging trash that can be sold to junk stores). The belief that more children will mean more hands that can help parents in earning a living still exists among the economically-disadvantaged families. […] As discussed in previous sections, the consultations noted the inadequate steps taken to protect children from different forms of sexual exploitation. A good number of cases of sexual abuse either do not make it to the courts as the victims do not get enough support or are aborted due to out-of-court settlements. The pattern established is such that only cases filed against known personalities get to be prosecuted, which, in no small measure, is attributable to the coverage media give them. POLANDEurope and Central AsiaCRC Session 31, 16 September - 4 October 2002 Polish Forum for Children's Rights – English www.crin.org/docs/resources/treaties/crc.31/Poland_ngo_report_eng.doc […] Serious problem is not only poverty, but first of all a negligence carelessness of the State. […] National monitoring system of children’s situation still does not exist. Main Statistic Department justifies it by the lack of government order concerning collecting dates about feeding children, their health, violence etc. […] Example of belittle children’s situation is eliminating excess fare for care of handicap children, introduced for saving budget in autumn 2001. […] In1998 in Poland 10.070.000 children (people under 18) were living. · under poverty level live 6-7 millions Polish, including 1 million children, · 200.000 children are under surveillance of Care Courts, · 90.000 children live only with mother, · 72.000 children live in care centers, - around 200 children is foreigner without care […]
With sorrow should be said that all governments - begins from 1989 from Government of T. Mazowiecki to Government of J. Buzek – belittle children’s problems. If they reacted it was apparent. They never create long-term plan of development children’s policy. Political elite still could not reach an agreement for realizing the most important children’s needs: of love and safety, of respect, of protection against inhuman treatment – like: violence in family, abuse and sexual crimes. Children still are neglected and forgotten – as the latter take advantage of changes, and first are victims of not wise social experiments. […] Unemployment rate of young people at age 15-24 towards total unemployment rate (state in 1998)
[…]
The biggest children’s problem in Poland is violence at home and state helplessness towards providing protection for children. […]
Common problem in Poland is social beliefs that “law itself and life itself”. This is the effect of misunderstood justice procedure, which upset unambiguous and cohesion of norms. That is when compare the Convention on the Rights of the Child with Polish declaration connected to ratification on 30th of April 1991: “The Republic of Poland thinks that execution of child’s rights defining in the Convention, especially rights describes in Art. 12-16 is made with respect of Polish habits and tradition concerning the child’s place in family and out of it”. This record is not a justice norm but makes difficulties: - in defining the justice range of the declaration – as a document, - concerning possibilities of widening interpretation of record “especially” for different articles than just 12-16, - in impossibility of describing positive context of “Polish habits and tradition” (Polish tradition is that children should not have any opinion). Moreover there are problems in respecting other Convention concerning children like European Convention on the Exercise of Children’s Rights on 25/01/96. There are cases that courts rule against child’s interest. […]
In Poland, not numerous data arise that more than 60% of parents use corporal punishment as a form of discipline (Czyż,1992). During one year 200 thousands of children experience violence but only 10% of these cases are registered by the Police. In 1998 there were 21 thousand cases of family members’ torments156 - it is 2 times more than in 1990. To the Public Prosecutor’s Office comes only 2,5 thousands cases, mostly after the hospitalisation of the child abused. 4% of polish children have sexual contacts once in year (it means touching intimate part of the body) with an adult. 8,4% of children where persuaded to watching pornography films and magazines. 35% of women and 29% of men where sexually abused in their childhood157. Almost 17% of women and 9% of men were abused by the family members. More than 10% of asked women and 3% - men they were raped in the childhood, more of these persons never told about this and did not use medical, psychological or legal help. In 1999 police statistics indicate 1659 cases of paedophilia - sexual abuse of children under 15 years. It is estimated that only 5% of cases of sexual abuse of children are revealed.
66% of Poles suggest that appropriate institutions very rarely react and cooperate in these cases. 85% of Poles state that, perpetrators should be penalise and cure at the same time. Meanwhile, in Poland there is lack of institutions that are engaged in therapeutic work with perpetrators. Only 15% of professionals state that Polish low properly regulate the intervention system for the problem of child abuse and violence.
Violence has important consequences in adults life – violence is inherited. […] 36 thousands of children in Poland that are victims of violence and totally neglect. In different institutions there are 80 thousands of children and next 12 thousands are waiting for place. Between children under 14 years in 1997, every fifth child was poor. 84% of children that are growing up in children’ house never visited a freeing in the city.
in 356 children’ homes there were 17.645 children – between them only 610 orphans; and 34% of the whole number came to institution because of poverty in the family; the average cost of living in the institution stand for 2.200 zlotys, in 150 family houses there were 1300 of children – the average cost of living stands for 1.300 zlotys, in foster families there were 45 thousands of children (living costs: 500 zlotys). According to the polish Ombudsman [RPO] reports, in 1994 in institutions for children many of child rights was not respected, especially: right to information about themselves and their rights, protection against maltreatment, right to gathering, to explain themselves in matters affecting them. Pupils of those institutions are passive and not ready to independent life, thinking and act. […] 34% of children are placed in institution because of poverty of their parents or mother. The system replace parents in their functions and obligations, this situation leads to pathology. […] We observe non equal treating of foster families (low material status of 90% of those families) and national institution (e.g. children houses). […]
Destabilisation of medical research, prophylaxis interventions and inoculations. In Poland there are regions that medical research and inoculations of children decreased from almost 100% (in 1980) to 60% nowadays! In 1995 year – 61,9% of children between 6 and 7 years have stature defects158. Actually, statistics shows that 80% of polish children might have stature defects. Through the liquidation of medical cabinets in school and the posts of school nurses led to the very poor realisation of the right to medical care. MEN finds that medical care should be realised by parents – in practise not every parents could take care of their children in the manner they required (families in poverty, dysfunctional families, etc.) […] There is no state comprehensive program of help for “street children” in Poland. There are specialized agendas, busy with selected subjects like PARPA, Office for Drugs’ Takers. But Ministry of Labor and Social Policy even in 1998 was belittling problem – recognizing it as not important and composed. Problem is with Rome children, prostitute children, children escaping from home, children not realizing school duty (1966 children in 1998), children working on the street – about 3.9% (begging, small robberies, washing car’s glasses). NGOs estimates159, that problem of children living on the street concerning 1% of children, 5.1% of children play truant and 11.4% spend most of time on the street. Children who are not going to school often are leading to care centers from which they escape. Moreover in care centers there is lack of places – in Warsaw about 400 and in Katowice – 600. […] there is an out-of-proportion high percentage of young people of poor families, with ethnical minority background and physically handicapped in group of people leaving school education early or not attending school at all. In 1999 one of each ten families decided not to buy necessary handbooks for children, one of each nine families is not paying their parental committee fees, one of each five gave up any sort of courses outside school. The number of people starting education on high school and technical school level is decreasing. Reasons for this are increasing costs of education: formal fees, informal costs of individual courses, prices of handbooks. […] From examined group of 450 pupils 85% pointed out overloaded school programs, 87% remarked that the content of these programs is delivered in a very formal way160. During the lessons the discontent of a teacher is often showed by stigmatising students and making fun of these who are unable (due to many different reasons) to cope with their tasks. […] Answering to the question: “What is the way of addressing children by the teachers?” more than a half of students emphasised unfriendly attitude towards less talented students that was taking away their dignity. Students punctuated also lack of simple kindness and ability to see a pupil as a human being. Impersonal treating of students is the prevailing habit: “they read out numbers from the class register.” It is clear to see from the survey that school fears are deepened by different types of punishment: i.e. pulling by the ears, striking hands with a ruler. 33% of surveyed children were victims or witnesses of such actions. In school only obligations of students are talked about, not a word is spoken about their rights. That’s the reason for antipathy to school, distrust towards teachers, lack of faith in their goodwill growing among pupils. […] CHILD PROSTITUTION In Poland there is still a lack of data on this issue – but it is acknowledged the problem is a real one. Help and assistance for young prostitutes is provided in Warsaw by “La Strada” Foundation. In January 2001 Polish Ombudsman came out with a question to the Minister of Justice regarding the possibility of legalising brothels in Poland – which would help in collecting the necessary knowledge on the scale of the problem of prostitution and also in creating legal tools to combat child’s prostitution. […] Network “Blue Line” (against violence) registered 7 thousand phone calls, 2/3 of which came from victims of a violence and 500 of which came from children. […] There is a necessity of educating adults in the field of recognising the problem, intervention and help in critical situation. A system of specialised institutions is needed, which was not yet created. Also a training for teachers, doctors and judges in this matter is necessary – to protect the victims of sexual abuse […] “La Strada” Foundation and Foundation “A child” have data confirming trafficking of children in Poland. There are also cases of kidnapping children by their parents. Cases of trafficking before 1995 were related to institutions organised by the state, the catholic church and physical persons who were collaborating with organised crime structures outside Poland. Children were sold directly after birth (transactions with mother before the birth) or after the obtainment of rights – by the directors of care facilities – mainly to Sweden, the Netherlands and France. […] Emergency Care Units structure needs elementary changes, i.e. separating victims from perpetrators – by separating intervention in critical situations units; diminishing the number of children/youngsters in units; training of personnel to raise their qualifications; introducing monitoring system to control the use of direct force. 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