A/66/227
27. First, law reform on violence against children is an essential component of a
robust national child protection system. For that reason, it needs to be supported by
well-coordinated and well-resourced services and institutions, and pursued through
a holistic approach. This involves addressing the root causes of violence; prohibiting
and deterring incidents of violence; safeguarding the rights of all children, including
those at greater risk; providing redress and reintegration; and fighting impunity. The
establishment by law of accessible, child-sensitive and safe counselling, reporting
and complaint mechanisms to address incidents of violence is a crucial dimension of
this process.
28. Second, law reform is an ongoing process and cannot be reduced to isolated or
fragmented actions. It requires consistent efforts to ensure harmonization with
international standards and implement political commitments undertaken in this
area; to fill gaps in implementation; and to address emerging concerns, such as those
arising from the use of new technologies. Where deeply rooted social conventions
condone the use of violence as a child-rearing practice or a necessary form of
discipline, it is critical to promote a sustained process of advocacy, education, law
enactment and enforcement, and evaluation.
29. Third, legislation to protect children from violence is by nature complex and
wide-ranging. It requires a comprehensive and explicit legal ban to convey an
unequivocal message that children’s right to freedom from violence must be
safeguarded everywhere and at all times. Through constitutional reform or the
introduction of new provisions in family and criminal codes and in child protection
and domestic violence legislation, this process is gaining ground in an increasing
number of States.
30. Legal prohibition must also be supported by detailed provisions in specific
pieces of legislation, both to address distinct forms of violence, such as sexual abuse
and exploitation, trafficking or harmful traditional practices, and to tackle violence
in specific settings, including schools, care and justice institutions and the home. It
is critical that enabling laws and regulations be developed in relevant legal fields to
give full meaning to the prohibition and deter incidents of violence, to protect the
children concerned, to ensure appropriate support for the process of enforcement
and to fight impunity.
31. These two approaches, comprehensive and specific, are therefore needed and
are indeed mutually supportive.
32. Fourth, law reform initiatives have been particularly successful when
promoted through an inclusive and participatory process, with the involvement of
key stakeholders including governmental departments, parliamentarians,
independent national institutions for children’s rights and key actors in civil society,
including professional groups, local authorities and religious leaders, as well as
young people themselves.
33. Moreover, law enforcement has been more effective when such initiatives have
been supported with social mobilization initiatives and awareness-raising campaigns
(both for the public in general and for children and their families in particular) and
supported by the development of ethical standards, capacity-building activities and
concrete guidance for professionals and institutions working for and with children.
For this reason, law reform initiatives should include a clear plan of
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