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Convention on the Civil Aspects of International Child Abduction 1980, para. undefined
- Paragraph text
- If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
- Body
- Hague Conference on Private International Law
- Document type
- International treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- N.A.
- Year
- 1980
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. 1b
- Paragraph text
- 1 Each Party shall take the necessary legislative or other measures to ensure that a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: (b) an authority to take decisions on behalf of the legal person;
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. 1
- Paragraph text
- 1 Each Party shall ensure, in accordance with its internal law, that persons subject to criminal proceedings for any of the offences established in accordance with this Convention may have access to the programmes or measures mentioned in Article 15, paragraph 1, under conditions which are neither detrimental nor contrary to the rights of the defence and to the requirements of a fair and impartial trial, and particularly with due respect for the rules governing the principle of the presumption of innocence.
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. 1b
- Paragraph text
- 1 Each Party shall take the necessary legislative or other measures to ensure that the following intentional conduct is criminalised: (b) engaging in sexual activities with a child where: – use is made of coercion, force or threats; or – abuse is made of a recognised position of trust, authority or influence over the child, including within the family; or – abuse is made of a particularly vulnerable situation of the child, notably because of a mental or physical disability or a situation of dependence.
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. c
- Paragraph text
- Each Party shall take the necessary legislative or other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sanctions in relation to the offences established in accordance with this Convention: (c) the offence was committed against a particularly vulnerable victim;
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. d
- Paragraph text
- Each Party shall take the necessary legislative or other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sanctions in relation to the offences established in accordance with this Convention: (d) the offence was committed by a member of the family, a person cohabiting with the child or a person having abused his or her authority;
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. undefined
- Paragraph text
- Each Party shall take the necessary legislative or other measures to criminalise the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the age set in application of Article 18, paragraph 2, for the purpose of committing any of the offences established in accordance with Article 18, paragraph 1.a, or Article 20, paragraph 1.a, against him or her, where this proposal has been followed by material acts leading to such a meeting.
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. 5
- Paragraph text
- 5 Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right to limit the application of paragraph 4 of this article, with regard to offences established in accordance with Article 18, paragraph 1.b, second and third indents, to cases where its national has his or her habitual residence in its territory.
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2007, para. 1b
- Paragraph text
- 1 The Parties shall co-operate with each other, in accordance with the provisions of this Convention, and through the application of relevant applicable international and regional instruments, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of: (b) protecting and providing assistance to victims;
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph
Violence against women 1998, para. B
- Paragraph text
- [Actions to be taken by Governments and the international community:] Call upon the international community to condemn and act against all forms and manifestations of terrorism, in particular those that affect women and children;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Children
- Women
- Year
- 1998
Paragraph
The girl child 1998, para. d
- Paragraph text
- [Actions to be taken by Governments:] Enact and enforce laws that prohibit sexual exploitation including prostitution, incest, abuse and trafficking of children, paying special attention to girls;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 1998
Paragraph
Elimination of all forms of discrimination and violence against the girl child 2007, para. 14.16.a
- Paragraph text
- [The Commission [...] urges Governments [...] to:] [14.16. Data collection] (a) Encourage and strengthen national research, monitoring and evaluation of the progress in eliminating all forms of discrimination and violence against the girl child, in particular in areas where there is a dearth of information, including, as appropriate, through the development of reliable standardized methodology for the systematic collection, analysis and use in policy formulation of gender-specific data and statistics, disaggregated by sex, age and other relevant factors addressing the specific situation of vulnerable girls, and disseminate lessons learned and good practices;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2007
Paragraph
Elimination of all forms of discrimination and violence against the girl child 2007, para. 14.16.c
- Paragraph text
- [The Commission [...] urges Governments [...] to:] [14.16. Data collection] (c) Collect data disaggregated by age, sex and other relevant factors addressing the specific situation of vulnerable girls and systematically report on internationally agreed indicators related to the girl child as contained in the Millennium Development Goals, and support the development of additional indicators in consultation with the Statistical Commission, as appropriate, to more systematically and effectively measure national progress in eliminating all forms of discrimination and violence against the girl child.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2007
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 4
- Paragraph text
- The Committee has, from its earliest sessions, paid special attention to asserting children's right to protection from all forms of violence. In its examination of States parties' reports, and most recently in the context of the United Nations Secretary-General's study on violence against children, it has noted with great concern the widespread legality and persisting social approval of corporal punishment and other cruel or degrading punishment of children. Already in 1993, the Committee noted in the report of its fourth session that it "recognized the importance of the question of corporal punishment in improving the system of promotion and protection of the rights of the child and decided to continue to devote attention to it in the process of examining States parties' reports".
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2006
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 36
- Paragraph text
- The Committee is also concerned at reports that corporal punishment and other cruel or degrading punishments are used in situations of child labour, including in the domestic context. The Committee reiterates that the Convention and other applicable human rights instruments protect the child from economic exploitation and from any work that is likely to be hazardous, interferes with the child's education, or is harmful to the child's development, and that they require certain safeguards to ensure the effective enforcement of this protection. The Committee emphasizes that it is essential that the prohibition of corporal punishment and other cruel or degrading forms of punishment must be enforced in any situations in which children are working.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2006
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 37
- Paragraph text
- Article 39 of the Convention requires States to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of "any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment". Corporal punishment and other degrading forms of punishment may inflict serious damage to the physical, psychological and social development of children, requiring appropriate health and other care and treatment. This must take place in an environment that fosters the integral health, self-respect and dignity of the child, and be extended as appropriate to the child's family group. There should be an interdisciplinary approach to planning and providing care and treatment, with specialized training of the professionals involved. The child's views should be given due weight concerning all aspects of their treatment and in reviewing it.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2006
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 40
- Paragraph text
- The principle of equal protection of children and adults from assault, including within the family, does not mean that all cases of corporal punishment of children by their parents that come to light should lead to prosecution of parents. The de minimis principle - that the law does not concern itself with trivial matters - ensures that minor assaults between adults only come to court in very exceptional circumstances; the same will be true of minor assaults on children. States need to develop effective reporting and referral mechanisms. While all reports of violence against children should be appropriately investigated and their protection from significant harm assured, the aim should be to stop parents from using violent or other cruel or degrading punishments through supportive and educational, not punitive, interventions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2006
Paragraph
Reception of Asylum-Seekers in the Context of Individual Asylum Systems 2002, para. (b) iii
- Paragraph text
- [Recommends that the reception of asylum-seekers should be guided by the following general considerations:] Gender and age-sensitivity should be reflected in reception arrangements, these should address in particular the educational, psychological, recreational and other special needs of children, especially unaccompanied and separated children. They should also take into account the specific needs of victims of sexual abuse and exploitation, of trauma and torture, as well as of other vulnerable groups;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2002
Paragraph
Conclusion On Children At Risk 2007, para. 1
- Paragraph text
- Recalling its Conclusions Nos. 47 (XXXVIII), 59 (XL) and 84 (XLVIII), specifically on refugee children and/or adolescents, Conclusion No. 105 (LVI) on Women and Girls at Risk, Conclusion No. 106 (LVI) on Identification, Prevention and Reduction of Statelessness and Protection of Stateless Persons, Conclusion No. 94 (LIII) on the Civilian and Humanitarian Character of Asylum, Conclusion No. 98 (LIV) on Protection from Sexual Abuse and Exploitation, Conclusion No. 100 (LV) on International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations as well as all provisions of relevance to the protection of refugee children set out in other Conclusions, many of which are relevant for other children of concern to UNHCR,
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Girls
- Persons on the move
- Women
- Year
- 2007
Paragraph
Conclusion on Protracted Refugee Situations 2009, para. (k)
- Paragraph text
- Recognizes that protracted refugee situations can increase the risks to which refugees may be exposed and that, in this respect, there is a need to identify and respond effectively to the specific protection concerns of men, women, girls and boys, in particular, unaccompanied and separated children, adolescents, persons with disabilities, and older persons, who may be exposed to heightened risks, including sexual and gender-based violence and other forms of violence and exploitation; and encourages UNHCR and States to pursue age, gender and diversity mainstreaming and participatory approaches with a view to enhancing the safety, well-being and development of refugees and promoting appropriate solutions for them;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2009
Paragraph
Women in conflict prevention, conflict and post-conflict situations 2013, para. 20
- Paragraph text
- In situations that meet the threshold definition of non-international or international armed conflict, the Convention and international humanitarian law apply concurrently and their different protections are complementary, not mutually exclusive. Under international humanitarian law, women affected by armed conflicts are entitled to general protections that apply to both women and men and to some limited specific protections, primarily protection against rape, forced prostitution and any other form of indecent assault; priority in the distribution of relief consignments to expectant mothers, maternity cases and nursing mothers in international armed conflict; detention in separate quarters from men and under the immediate supervision of women; and protection from the death penalty for pregnant women or mothers of dependent or young children.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2013
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 46
- Paragraph text
- Prevention. The Committee emphasizes in the strongest terms that child protection must begin with proactive prevention of all forms of violence as well as explicitly prohibit all forms of violence. States have the obligation to adopt all measures necessary to ensure that adults responsible for the care, guidance and upbringing of children will respect and protect children's rights. Prevention includes public health and other measures to positively promote respectful child-rearing, free from violence, for all children, and to target the root causes of violence at the levels of the child, family, perpetrator, community, institution and society. Emphasis on general (primary) and targeted (secondary) prevention must remain paramount at all times in the development and implementation of child protection systems. Preventive measures offer the greatest return in the long term. However, commitment to prevention does not lessen States' obligations to respond effectively to violence when it occurs.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 60
- Paragraph text
- Article 2 (non-discrimination). The Committee stresses that States parties shall take adequate measures to assure to every child the right to protection from all forms of violence "without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status". This includes discrimination based on prejudices towards commercially sexually exploited children, children in street situations or children in conflict with the law or based on children's clothing and behaviour. States parties must address discrimination against vulnerable or marginalized groups of children, such as outlined in paragraph 72 (g) of the present general comment, and make proactive efforts to ensure that such children are assured their right to protection on an equal basis with all other children.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 75a
- Paragraph text
- [Resources needed at the international level. Investment is also needed in the following areas at the international level to assist States parties to fulfil their obligations in relation to article 19:] Human resources: improved communication, cooperation and individual exchange within and between professional associations (for example medical, mental health, social work, legal, education, child maltreatment, academic/research, child rights and training organizations/institutions); improved communication and cooperation within and between civil society groups (for example research communities, NGOs, child-led organizations, faith-based organizations, organizations of persons with disabilities, community and youth groups, and individual experts involved in the development and exchange of knowledge and practice);
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Youth
- Year
- 2011
Paragraph
The right of the child to freedom from all forms of violence 2011, para. 75b
- Paragraph text
- [Resources needed at the international level. Investment is also needed in the following areas at the international level to assist States parties to fulfil their obligations in relation to article 19:] Financial resources: improved coordination, monitoring and evaluation of donor aid; further development of financial and human capital analyses in order for economists, researchers and States parties to fully measure the costs of implementing holistic child protection systems (with an emphasis on primary prevention) versus the costs of managing the direct and indirect (including intergenerational) impact of violence at the individual, community, national and even international levels; and reviews by international financial institutions of "their policies and activities to take account of the impact they may have on children";
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2011
Paragraph
State obligations regarding the impact of the business sector on children’s rights 2013, para. 40
- Paragraph text
- Extraterritorial obligations are also explicitly referred to in the Optional Protocol on the sale of children, child prostitution and child pornography. Article 3, paragraph 1, provides that each State shall ensure that, as a minimum, offences under it are fully covered by its criminal or penal law, whether such offences are committed domestically or transnationally. Under article 3, paragraph 4, of Optional Protocol on the sale of children, child prostitution and child pornography, liability for these offences, whether criminal, civil or administrative, should be established for legal persons, including business enterprises. This approach is consistent with other human rights treaties and instruments that impose obligations on States to establish criminal jurisdiction over nationals in relation to areas such as complicity in torture, enforced disappearance and apartheid, no matter where the abuse and the act constituting complicity is committed.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
HIV/AIDS and the rights of the children 2003, para. 37
- Paragraph text
- Children may be exposed to various forms of violence and abuse which may increase the risk of their becoming HIV-infected, and may also be subjected to violence as a result of their being infected or affected by HIV/AIDS. Violence, including rape and other forms of sexual abuse, can occur in the family or foster setting or may be perpetrated by those with specific responsibilities towards children, including teachers and employees of institutions working with children, such as prisons and institutions concerned with mental health and other disabilities. In keeping with the rights of the child set forth in article 19 of the Convention, States parties have the obligation to protect children from all forms of violence and abuse, whether at home, in school or other institutions, or in the community.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Health
- Violence
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Year
- 2003
Paragraph
Women and girls with disabilities 2016, para. 45
- Paragraph text
- Forced contraception and sterilization can also result in sexual violence without the consequence of pregnancy, especially for women with psychosocial or intellectual disabilities and those in psychiatric or other institutions or custody. Therefore, it is particularly important to reaffirm that the legal capacity of women with disabilities should be recognised on an equal basis with others, that women with disabilities have the right to found a family and be provided with appropriate assistance to raise their children.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Implementing child rights in early childhood 2006, para. 36a
- Paragraph text
- Abuse and neglect (art. 19). Young children are frequent victims of neglect, maltreatment and abuse, including physical and mental violence. Abuse very often happens within families, which can be especially destructive. Young children are least able to avoid or resist, least able to comprehend what is happening and least able to seek the protection of others. There is compelling evidence that trauma as a result of neglect and abuse has negative impacts on development, including, for the very youngest children, measurable effects on processes of brain maturation. Bearing in mind the prevalence of abuse and neglect in early childhood and the evidence that it has long term repercussions, States parties should take all necessary measures to safeguard young children at risk and offer protection to victims of abuse, taking positive steps to support their recovery from trauma while avoiding stigmatization for the violations they have suffered;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Violence
- Person(s) affected
- Children
- Families
- Youth
- Year
- 2006
Paragraph
Children’s rights in juvenile justice 2007, para. 25
- Paragraph text
- In the opinion of the Committee, the obligation of States parties to promote measures for dealing with children in conflict with the law without resorting to judicial proceedings applies, but is certainly not limited to children who commit minor offences, such as shoplifting or other property offences with limited damage, and first-time child offenders. Statistics in many States parties indicate that a large part, and often the majority, of offences committed by children fall into these categories. It is in line with the principles set out in article 40 (1) of CRC to deal with all such cases without resorting to criminal law procedures in court. In addition to avoiding stigmatization, this approach has good results for children and is in the interests of public safety, and has proven to be more cost-effective.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2007
Paragraph