Child Maltreatment as a Problem in International Law

Abstract

Despite some challenges in addressing child maltreatment in international law, the Convention on the Rights of the Child (CRC) and related documents establish a framework for the protection of children, including the stimulation of more humane policies and practices and opportunities for engaging children as active members of the community. Concerned about the slow progress of governments in establishing national systems of support to protect children, the Committee on the Rights of the Child has adopted General Comment No. 13 to refocus child protection efforts on the prevention of child maltreatment. General Comment 13 provides guidance about the right to protection in the CRC and specific guidelines to help governments improve their effectiveness in preventing and treating child maltreatment. Among the recommendations of General Comment 13 is a focus on community-based child protection.

Appendix

Selected Provisions of Key Human Rights Documents

Document	Selected provisions
Universal Declaration of Human Rights, 1948	Art. 25
http://www.un.org/en/documents/udhr/index.shtml	(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection
International Covenant of Economic, Social and Cultural Rights, 1976	Art. 10 The States Parties to the present Covenant recognize that:
http://www2.ohchr.org/english/law/cescr.htm	(3) Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law
United Nations Declaration on the Rights of the Child, 1959 http://www.un.org/cyberschoolbus/humanrights/resources/child.asp	Art. 2 The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration Art. 9 The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development
Convention on the Rights of the Child, 1989	Art. 19
http://www2.ohchr.org/english/law/crc.htm	(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