A/HRC/28/55
harsh conditions, in overcrowded cells or in solitary confinement. They may be exposed to
sexual violence, harassment, invasive body searches and humiliating treatment by staff in
detention centres. In some countries, girls may face inhuman sentencing, including
flogging, stoning and capital punishment.
131. Either as victims, witnesses or alleged offenders, those girls are in desperate need of
care, treatment and protection, and gender-sensitive approaches to promote their social
reintegration. Sadly, many of them may be at risk of ill-treatment and re-victimization by
the justice system itself.
132. Those girls face overwhelming challenges at all stages, including significant barriers
to seeking justice. Many are unaware of their rights and even fewer have access to safe,
effective and child-sensitive counselling, reporting and complaints mechanisms.
Furthermore, perpetrators are often people they know and trust, or on whom they depend
for their survival and protection, raising additional challenges to reporting incidents and
preventing the risk of reprisals.
133. Seeking redress through the criminal justice system can also be very intimidating, as
girls fear that their credibility may be questioned, or that they may be blamed, rather than
protected as victims. In countries where discrimination and stigma against sexual violence
is high, it is particularly hard for girls to approach police stations or courts, for fear of
verbal intimidation and harassment, and of seeing their testimony dismissed.
134. In order to address those significant challenges, the international community has
developed international standards, including the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok
Rules),42 the updated Model Strategies and Practical Measures on the Elimination of
Violence against Women in the Field of Crime Prevention and Criminal Justice,43 and the
recently adopted United Nations Model Strategies and Practical Measures on the
Elimination of Violence against Children in the Field of Crime Prevention and Criminal
Justice.
135. It is crucial to narrow the gap between those standards and practice. In that process,
three dimensions have particular relevance.
136. Firstly, the enactment and enforcement of a sound legal framework to ban all forms
of violence against children, including when used as a form of discipline, control or
sentencing within the criminal justice system; to de-criminalize status offences, such as
running away from domestic violence and survival behaviours; and to remove any
justification that condones or allows violence, including on the grounds of culture, tradition,
honour or religion.
137. Secondly, the establishment of widely available and easily accessible, safe and
confidential mechanisms to support girls to overcome the fear of reporting cases of
violence. They need to be supported by child- and gender-sensitive standards to ensure the
effective participation of girls in relevant judicial and administrative proceedings, and to
safeguard their safety, privacy and dignity at all stages.
138. Thirdly, ending impunity and tolerance of violence against girls. That calls for
information and social mobilization initiatives to overcome social norms compromising
girls’ protection from violence. It also requires strong accountability mechanisms in places
of detention and effective training of professionals in the formal and informal justice
system. Solid skills are indeed indispensable to address the complexities and sensitivities of
42
43
22
See A/RES/65/229.
See A/RES/65/228, annex.