A/67/230
65. Responses to the survey also confirm that the adoption of legislation banning
the use of violence as a form of punishment or sentencing is gaining momentum,
with more than 60 per cent of the responding States mentioning having in place a
legal prohibition of inhuman sentencing, including life imprisonment and capital
punishment. More than 20 per cent of responding States report having a
comprehensive ban on corporal punishment in all settings in place and over 50 per
cent a partial prohibition.
66. Almost all States have, in their laws, provided for specific penalties for
perpetrators of violence against children. However, prevention has not received a
similar attention. Indeed, although many respondents touch on this topic, very few
report the existence of a comprehensive legal framework to prevent incidents of
violence.
67. Similarly, while legislation on recovery and reintegration of child victims is
mentioned in more than half of the replies, legal redress for acts of violence,
including compensation, is reported by only 13 per cent of the respondents.
68. Child-sensitive counselling, reporting and complaint mechanisms constitute
another area lacking investment. Although some respondents mention the
availability of helplines and police services, in most cases child-focused
mechanisms either are not in place or are ill-resourced, lacking human and financial
capacity to address children’s concerns; in the majority of cases, national
independent institutions are not available. Reporting on incidents of violence
frequently remains a challenge, with very few States having issued guidance for
professionals working for and with children, and only 25 per cent having clear
provisions on mandatory reporting. The guiding principles and recommendations
presented by the Special Representative in a previous report on this matter
(A/HRC/16/56) remain fully relevant.
69. Another significant gap revealed by the survey is the dearth of data on laws,
policies and advocacy on the gender dimensions of violence and the legal protection
of girls: 40 per cent of the respondents provide no information in that regard, and less
than 30 per cent mention positive initiatives. Legislation remains a challenge, with
less than half of the Governments indicating the enactment of a legal ban on harmful
practices, which may fully or only partially cover female genital mutilation/cutting,
child or forced marriage, witchcraft rituals, honour killings and other practices.
70. Less than 30 per cent of respondents indicate 18 as the minimum age for
marriage, with younger ages and different thresholds for boys and girls prevalent in
a large number of countries. This is an area to which the Special Representative has
paid special attention, including through the consultation on children’s protection
from harmful practices (see paras. 17-20 above).
71. Over the past few years, law reform on violence against children has gained
momentum, with important pieces of national legislation having been introduced in
a large number of areas. However, this wide-ranging process has been insufficient to
secure a clear and all-embracing prohibition of all forms of violence. Steady and
enhanced efforts are needed in the years ahead and it remains urgent to enact such
an explicit national legal ban, supplemented by detailed provisions in relevant
pieces of legislation to guide effective enforcement. Legislation needs to address the
root causes and risk factors of violence, lend effective protection to children in
situations of vulnerability, and be supported by well-resourced child protection
18
12-45164
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents