National Competence Center Warsaw 3 rd -4 th March 2011 Conference: I love. I do not hit. The whole...
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Transcript of National Competence Center Warsaw 3 rd -4 th March 2011 Conference: I love. I do not hit. The whole...
National Competence CenterWarsaw 3rd-4th March 2011
Conference:
I love. I do not hit. The whole Europe against child abuse
Building up a network to fight against domestic violence - the Ombudsman for children as a catalyst
Maja Gabelica ŠupljikaDeputy Ombudsman for Children
Croatia
Purpose
to present the role of the Ombudsman for children in strengthening the protection of children against domestic violence in practice;
to present some our achievements
Aspects of domestic violence
corporal punishment physical abuse psychological violence sexual violence negligence work exploitation
The role of the Ombudsman
Protecting, monitoring and promoting Warning, recommendating and proposing Requesting reports Giving impetus for adoption or revision of laws Cooperating with children Educating about children's rights
Coordinating and initiating participation and cooperation between diferent target groups
Legal framework
Convention of the Rights of the Child Family law Penal law
The Law on protection against domestic violence Protocol about the measures in the case
of domestic violence Strategies Activity plans
Data
Ombudsman - ~12% of the complaints is on domestic violence
UNICEF – increase by 35% children suffering from domestic violence (2005-2009)
UNICEF – 81% children think that is not true that children are never battered and corporal punished
Ministry of interior affaires – in 2010 domestic violence against children constituted 25%
Obstacles/shortcomings/problems
Lack of awareness
Conflict of interest in various professions
Reality
Lack of awareness
court practice ₋ measures of protection have been short term (prolonged after
intervention of Ombudsman)₋ court measures and sanctions have not been as high as
possible
social responsibility and lack of reporting (indifference of people)
lack of networking and coordination₋ various research/measures=various data₋ lack of efficient preventive programmes₋ different attitude of state prosecutors
Obstacles/shortcomings/problems
corporal punishment ≠ domestic violence corporal punishment is still justified and tolerated
Conflict of interest
Problems of ethics and confidence
Obstacles/shortcomings/problems
law obligation ≠ professional ethics
Reality Lack of accommodation for victims
Accomodation provided – but short term
Lack of treatment of the victim and of the violator
Lack of a network supporting victims and witnesses
Lack of child friendly environment for children who are victims and witnesses
Obstacles/shortcomings/problems
ACHIEVEMENTS
The changes of interpretation of lawConference and book: Disputed divorcesProgram of parental responsibility for
imprisoned parentsRecognition of World Day of prevention of
violence against children on state level
The changes of interpretation of law
• Parents have both the obligation and right to raise their children, so their right to discipline their small children physically must also be acknowledged, if they do not do so in a manner which humiliates the children, or causes them physical injury … The right to inflict (limited) corporal punishment may be granted by parents to another person, e.g. a grandparent, person employed to care for the children, or nursery school teacher…“
• While until recently it was acknowledged that parents and those to whom they had transferred their authority had the right to discipline children physically… in more recent times, the understanding has prevailed that parents do not have the right, under any circumstances, to discipline their children physically…According to the definition of corporal punishment it arises that any hand raised against a child is an example of physical violence, even a light tap on the bottom, which does not represent a physical injury… We do not take issue with this point of view, but it still does not mean that every hand raised against a child represents a criminal offence…“
Novoselec, General Criminal Law
2007 2009
Conference and book: Disputed divorces
manipulation of children in divorce proceedings
not allowing contact with another parent as psychological abuse
physical violation
Program of parental responsibility for imprisoned parents
Conference and book“The rights of children whose parents
are imprisond”
Raised awareness
Ministry of Justice + Ministry of Family
Prisons + Family Centers
World Day for the Prevention of violence against children19th November
Recognised at the state level
Children's participation
(“The Scars stay”)