A/65/262
17. Those significant developments are welcome, but much remains to be done to
ensure that violence against children gains visibility in public debate, and in the
policy agenda as well as in relevant budgetary decisions.
2.
An explicit national legal ban on all forms of violence against children
18. Legislation is a key component of any comprehensive national strategy on
violence against children. It is an expression of a country’s political commitment to
work towards violence prevention and the protection of children’s dignity and
physical integrity. Legislation encourages positive discipline and the education of
children through non-violent means; and it provides protection for victims and
witnesses, enabling reporting and redress, and supporting assistance, recovery and
reintegration.
19. Around the globe, law reform for children’s protection from violence is
building momentum. When the United Nations study was finalized, only 16
countries had legislation prohibiting violence in all settings, including corporal
punishment in the home. Currently, 27 countries have introduced such a
comprehensive legal ban; in all regions, legislative reforms are being pursued to
achieve full prohibition, and in several countries new legislation is also under
review to prohibit violence in specific settings. In some cases, a monitoring system
has been developed to support implementation.
20. Even in countries where harmful practices persist behind deeply entrenched
traditions, the legislative process has provided opportunities to involve community
and religious leaders, parliamentarians, professional associations, academic
institutions and grass-roots organizations, and engage communities concerned.
Bridging international standards, policy action and local values, and motivating
change from within, legislation has been supported as the fruit of true conviction,
gaining traction as a genuine deterrent with preventive effect.
21. Although those are promising developments, additional vigorous efforts are
needed. First, efforts to introduce a comprehensive legal ban need to be scaled up.
Currently, only 107 States have laws prohibiting violence in schools, 151 countries
prohibit it as a form of sentencing, and 108 as a disciplinary measure in penal
institutions. Globally, only 4 per cent of children are legally protected from all
forms of violence in all settings. Many governments have made commitments to
adopt legislation to introduce such a comprehensive ban; when such commitments
materialize, the total number of prohibiting States worldwide would reach at least
50, covering around 15 per cent of the global child population.
22. Secondly, in countries where a full legal ban has been adopted, further efforts
are required to narrow the gap between legislation and practice. Legislation needs to
permeate the work of institutions and shape the training and ethical standards of
professionals working with and for children; implementation needs to be supported
by awareness-raising and social mobilization initiatives, for the public at large and
children in particular; and also by the development of easily accessible, childsensitive, confidential and independent counselling and reporting mechanisms. This
is an area where progress is urgent both to provide an effective remedy to child
victims and to overcome the challenges presented by the reluctance of professionals
working with and for children to address or refer these cases to relevant bodies and
institutions.
6
10-47898
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