A/66/227
Cooperation, the League of Arab States, the South Asia Initiative to End Violence
against Children, MERCOSUR and the Council of Europe. In addition, the African
Committee of Experts on the Rights and Welfare of the Child, the Committee on the
Rights of the Child and the Inter-American Commission on Human Rights have
been active supporters.
21. In spite of these important developments, vigorous efforts are still needed.
First, efforts to introduce an explicit legal ban on all forms of violence against
children need to be scaled up: globally, fewer than 5 per cent of children benefit
from legal protection from all forms of violence in all settings.
22. Second, in countries where legislation has been enacted, further measures are
required to narrow the gap between law and practice. The concluding observations
of the Committee on the Rights of the Child on the implementation of the Optional
Protocol on the sale of children, child prostitution and child pornography indicate
that, in more than half of the countries reviewed, the legislation on child prostitution
needs to be amended, including to ensure the protection of boys. The concluding
observations on the implementation of the Convention indicate that, in at least one
third of countries, legislative provisions on other forms of sexual violence are
inadequate, as they fail to criminalize rape or to provide an adequate definition of
sexual abuse. Similarly, research conducted by the Child Rights Information
Network indicates that in at least 40 countries, children are at risk of being
sentenced to violent forms of punishment, including whipping, flogging, caning or
amputation, and that in a number of countries the law still allows children to be
sentenced to death.
23. In short, although steps have been taken in many countries to prohibit violence
against children in some forms and contexts, only a few have introduced
comprehensive bans. Moreover, law enforcement has remained weak, with limited
dissemination and understanding of the changes introduced. Efforts to monitor the
impact of legal reform, to address emerging concerns and to ensure well-coordinated
and well-resourced services and programmes to support victims in their healing and
long-term reintegration have been scarce.
24. The Geneva expert consultation on law reform provided a strategic platform
for the review of initiatives and positive experiences in various countries of the
world, the acknowledgement of progress, and reflection on critical factors
facilitating or compromising the legal protection of children from violence in the
five settings identified in the study. The meeting also included the identification of
opportunities to accelerate progress and promote technical advice in this critical
area.
25. The meeting resulted in important conclusions and recommendations to ensure
the freedom of children from violence in various forms and settings, including
sexual abuse and exploitation, trafficking, harmful traditional practices, juvenile
justice, labour-related violence and violence within the home. These will be
addressed in greater detail in the thematic report to be issued by the Special
Representative on this topic in the coming months.
26. In anticipation of that report, the following four overarching conclusions
deserve special attention in view of their crucial value for shaping legislative
initiatives on violence against children.
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