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Report | Doc. 14894 | 22 May 2019
Ending violence against children: a Council of Europe contribution to the Sustainable Development Goals
Committee on Social Affairs, Health and Sustainable Development
Summary
Half of the world’s children suffer violence every year, with the economic costs estimated at 8% of the world’s GDP. Target 16.2 of the Sustainable Development Goals (SDGs) to end abuse, exploitation, trafficking and all forms of violence and torture against children should thus be a political priority.
The Council of Europe, including the Parliamentary Assembly itself, has prioritised the fight to end violence against children for over a decade, and is well-placed to support States in addressing the challenges in this field.
To end violence against children, power structures, attitudes and the law will have to change. The Assembly should thus make recommendations to Council of Europe member States to ensure that structures are in place to effectively combat violence against children, to improve levels of funding and resources to poorer countries to this end, and to step up action and support to this target in the United Nations system.
The Assembly should call on national parliaments to step up their involvement in the implementation and monitoring of SDG Target 16.2, and on the Committee of Ministers to focus efforts on accelerating progress towards reaching this target in member States, and on working together with the United Nations to accelerate progress worldwide.
A. Draft resolution 
(open)1. The Parliamentary Assembly
believes that Sustainable Development Goal (SDG) Target 16.2 to
end abuse, exploitation, trafficking and all forms of violence against
and torture of children is one of the most important goals of all.
It is also one of the top targets for which the contribution of
the Council of Europe, the Assembly itself, as well as of member
governments and parliaments, will prove to be the most valuable.
Ending violence against children should be a political priority:
half of the world’s children suffer violence every year. The economic
costs of this violence are huge, estimated at 8% of the world’s
gross domestic product (GDP), making it difficult, if not impossible,
to reach many other important SDGs, such as the elimination of poverty. However,
the sheer scale of the ongoing epidemic of violence against children
also makes it one of the most accessible and cost-effective ones
to address.
2. The Assembly reiterates its commitment to contribute to accelerating
the pace of the implementation of the SDGs towards achieving the
2030 Agenda, as decided in Resolution
2271 (2019) on strengthening co-operation with the United Nations
in implementing the 2030 Agenda for Sustainable Development. With reference
to Resolution 2272 (2019) “Implementation of the Sustainable Development Goals:
synergy needed on the part of all stakeholders, from parliaments
to local authorities”, the Assembly underlines the urgent need, in
this context, to strengthen the role of national parliaments and
local and regional authorities in implementing and monitoring the
progress on achieving SDGs.
3. The Council of Europe, including the Assembly itself, has
prioritised the fight to end violence against children for over
a decade, and has developed ground-breaking binding standards and
norms; it has monitored their implementation and provided guidance,
support and capacity building in ensuring their efficient application.
It has also provided a unique multi-stakeholder platform for exchange
of good practices and co-operation, data collection and awareness
raising. While plenty of work remains to be done, the Council of Europe
has built up a host of connected, mobilised and politically influential
bodies and institutions which reach right down to the local level,
civil society and children themselves, as a driver for positive
change.
4. The Council of Europe is thus well placed to support States
in addressing the challenges which hinder accelerated progress towards
ending violence against children: a lack of reliable and comparable
data, problems of co-ordination and clashing strategic priorities
at both national and international levels, unhealthy attitudes towards
children as independent rights-holders, and lack of funding. The
Assembly thus encourages all States, as well as the United Nations,
to derive the maximum benefit from the Council of Europe’s expertise and
experience with a view to addressing these challenges.
5. The Assembly believes that it is clear that violence against
children is perpetrated by the powerful against those lacking power.
Perpetrators are mainly male and mainly known to the child victims.
Some children are particularly vulnerable. To end violence against
children, power structures, attitudes and the law will have to change.
The Assembly thus reiterates its recommendations contained in Resolution 2056 (2015) on the inclusion of children’s rights in national constitutions
as an essential component of effective national child policies.
6. The Assembly thus recommends that Council of Europe member
States make combating violence against children a national priority
and ensure that structures are in place to effectively combat violence
against children by providing:
6.1. sufficient
allocation of budgets to deliver results and to implement prevention
strategies;
6.2. high quality services in education, health, social services
and child justice provided by professionals who receive continuous
training on evolving forms of violence in different settings which:
6.2.1. put a particular focus on adequate
and timely support for child victims of violence;
6.2.2. take concrete steps to prevent peer-to-peer violence;
6.3. structures and funding for local authorities to provide
these services, monitor their effectiveness and improve practice;
6.4. consultation, at local level, with communities, including
children, on the quality, appropriateness and impact of these services;
6.5. a national action plan on the implementation of the 2030
Agenda, and an integrated national strategy on addressing violence
against children which is based on a multidimensional and multi-stakeholder
approach (involving parliaments, local and regional authorities,
civil society and children themselves), as promoted by the Council
of Europe Policy guidelines on integrated national strategies for
the protection of children from violence (Recommendation CM/Rec(2009)10);
6.6. full implementation of the relevant Council of Europe
conventions, as State parties to them:
6.6.1. the Convention on the Protection of Children against Sexual
Exploitation and Sexual Abuse (CETS No. 201, “Lanzarote Convention”);
6.6.2. the Convention on Action against Trafficking in Human
Beings (CETS No. 197);
6.6.3. the Convention on Preventing and Combating Violence against
Women and Domestic Violence (CETS No. 210, “Istanbul Convention”);
6.6.4. the Convention on Cybercrime (ETS No. 185, “Budapest Convention”).
7. The Assembly encourages Council of Europe member States to
increase, where necessary, levels of funding and resources to poorer
countries in order to provide support for programmes to combat violence against
children worldwide. It also encourages member States to step up
action and support to end violence against children in the framework
of the United Nations 2030 Agenda for Sustainable Development, making SDG
Target 16.2 a top priority, and to report on the relevant work of
the Council of Europe in their reporting on its implementation.
8. The Assembly calls on national parliaments to step up their
involvement in the implementation and monitoring of SDG Target 16.2
by:
8.1. holding annual evidence-based
debates on ending violence against children;
8.2. setting up a permanent child rights committee;
8.3. introducing “child budgeting” principles into their budgetary
processes;
8.4. networking across parliaments regionally and globally,
including in co-operation with the Inter-parliamentary Union and
civil society organisations.
B. Draft recommendation
(open)1. The Parliamentary Assembly
refers to its Resolution … (2019) “Ending violence against children:
a Council of Europe contribution to the Sustainable Development
Goals”, Resolution 2271
(2019) and Recommendation
2150 (2019) on strengthening co-operation with the United Nations
in implementing the 2030 Agenda for Sustainable Development, and Resolution 2272 (2019) “Implementation of the Sustainable Development Goals:
synergy needed on the part of all stakeholders, from parliaments
to local authorities”.
2. The Assembly believes that Sustainable Development Goal Target
16.2 to end abuse, exploitation, trafficking and all forms of violence
against and torture of children is one of the top targets for which
the contribution of the Council of Europe will prove to be the most
valuable. It thus recommends that the Committee of Ministers focus
efforts on:
2.1. accelerating progress
towards reaching this target in member States, including by keeping
issues of violence against children high up on the agenda of the
Council of Europe’s intergovernmental and monitoring bodies dealing
with children’s rights;
2.2. working together with the United Nations in accelerating
progress worldwide.
C. Explanatory memorandum by Baroness Doreen Massey, rapporteur
(open)1. Introduction
1. On 10 December 2018, the Committee
on Social Affairs, Health and Sustainable Development tabled a motion
for a resolution on “Ending violence against children: a Council
of Europe contribution to the Sustainable Development Goals”. This motion was referred to our
committee for report during the January part-session, when I was
appointed rapporteur. Our committee fast-tracked the preparation
of this report with a view to having it debated during the June
2019 part-session, as there are a number of high-level events in
the second half of the year which this report could usefully feed
into. It will be debated in a joint
debate with the report on “Stop violence and exploitation of migrant
children” with the participation of Ms Maud de Boer-Buquicchio, United
Nations Special Rapporteur on the sale and sexual exploitation of
children.
This motion was referred to our
committee for report during the January part-session, when I was
appointed rapporteur. Our committee fast-tracked the preparation
of this report with a view to having it debated during the June
2019 part-session, as there are a number of high-level events in
the second half of the year which this report could usefully feed
into. It will be debated in a joint
debate with the report on “Stop violence and exploitation of migrant
children” with the participation of Ms Maud de Boer-Buquicchio, United
Nations Special Rapporteur on the sale and sexual exploitation of
children.2. In April 2019, the committee held an exchange of views with
Ms Elda Moreno, Head of the Children’s Rights and Sport Values Department
of the Directorate General of Democracy of the Council of Europe
to get the European perspective, and
held an exchange of views with Ms Dorothy Rozga, former Executive
Director of ECPAT International (Ending the Sexual Exploitation
of Children), at its meeting in Vienna on 13 May 2019, to get the
global perspective. I also undertook a fact-finding visit to Germany
to explore examples of good practice and verify my identification
of the key challenges on 6 and 7 May 2019, the results of which
can be found in the Appendix to this report.
and
held an exchange of views with Ms Dorothy Rozga, former Executive
Director of ECPAT International (Ending the Sexual Exploitation
of Children), at its meeting in Vienna on 13 May 2019, to get the
global perspective. I also undertook a fact-finding visit to Germany
to explore examples of good practice and verify my identification
of the key challenges on 6 and 7 May 2019, the results of which
can be found in the Appendix to this report.3. As the motion recalls, the United Nations 2030 Agenda for
Sustainable Development includes several Goals (SDGs) and associated
targets relating to children’s rights which fall within the Council
of Europe’s mandate and reflect its norms and standards, including:
3.1. Target 16.2 to end abuse, exploitation,
trafficking and all forms of violence against and torture of children;
3.2. Target 5.3 to eliminate all harmful practices, such as
child, early and forced marriage and female genital mutilation;
3.3. Target 8.7 which calls for immediate and effective measures
to eradicate forced labour, end modern slavery and human trafficking
and secure the prohibition and elimination of the worst forms of child
labour, and by 2025 end child labour in all its forms.
4. It is clear that, worldwide, violence against children is
perpetrated by the powerful against those lacking power. Perpetrators
are mainly male and mainly (over 70%) known to the child victims.
Some children are particularly vulnerable: those with disabilities,
migrants and refugees, lesbian, gay, bisexual and transgender children,
and those from black and minority ethnic backgrounds. This report
cannot cover these categories in any great detail.
5. For more than a decade, the Council of Europe, including the
Parliamentary Assembly, has been actively engaged in making the
eradication of all forms of violence against children a political
priority at pan-European level and beyond. This report provides
a unique opportunity to help accelerate progress towards building
a world free from violence for every child, and to discuss how the
Council of Europe and the Assembly can best contribute to achieving
this goal.
6. One of the weaknesses of the UN 2030 Agenda is perhaps the
sheer number of SDGs and associated targets (17 Goals and 169 Targets),
as well as the broadness of their scope – even though it is certainly
good to be clear on what exactly the Goals are (= targets) and how
progress will be measured (= indicators) . While many
SDGs are interlinked, and progress on one can thus help progress
another, the general public and policymakers alike can nevertheless
find the UN 2030 Agenda somewhat overwhelming. I have thus decided to
focus this report on one target only: Target 16.2, in short – on
ending violence against children –
which is still a broad topic and ambitious goal on its own.
. While many
SDGs are interlinked, and progress on one can thus help progress
another, the general public and policymakers alike can nevertheless
find the UN 2030 Agenda somewhat overwhelming. I have thus decided to
focus this report on one target only: Target 16.2, in short – on
ending violence against children –
which is still a broad topic and ambitious goal on its own.7. Why focus on this particular target? I believe that ending
violence against children is one of the most important goals of
all, a precondition for many other goals to be reached, as well
as one of the most accessible and cost-effective ones to address.
We all agree that violence against children is a human rights violation
that must be stopped. We all have laws on our books to prevent it
from happening, yet half of the world’s children suffer violence
every year. The
economic costs of this violence are huge, estimated at 8% of the
world’s gross domestic product (GDP). Because
of the intergenerational transmission of violence, we stand practically
no chance of reaching other important goals, such as the elimination
of poverty, if we do not manage to reach this one. So let’s make
ending violence against children by 2030 one of our very top priorities,
and use this report to give this target the parliamentary momentum
it needs and deserves!
The
economic costs of this violence are huge, estimated at 8% of the
world’s gross domestic product (GDP). Because
of the intergenerational transmission of violence, we stand practically
no chance of reaching other important goals, such as the elimination
of poverty, if we do not manage to reach this one. So let’s make
ending violence against children by 2030 one of our very top priorities,
and use this report to give this target the parliamentary momentum
it needs and deserves!2. The contribution of the Council of Europe and of the Parliamentary Assembly to reaching Target 16.2.
8. Both the Council of Europe
and its Parliamentary Assembly have already made a significant contribution to
reaching the United Nations SDGs, in particular Target 16.2, and
this contribution has been recognised, welcomed and supported by
our partners in the UN family, such as Ms Marta Santos País, Special Representative
of the United Nations Secretary-General on Violence against Children
(UN SRSG VAC), and Ms
Maud de Boer-Buquicchio, the Special Rapporteur on the Sale and
Sexual Exploitation of Children. Indeed,
the November 2016 seminar “Protecting children from violence: next
steps for effective strategies”, jointly organised by the Council
of Europe Child Rights’ Division and our Assembly Committee at Wilton
Park (United Kingdom), brought together global actors to map out
an action plan in all key areas covered in this report. This concerted
action has resulted in the Council of Europe’s 47 governments and
parliaments being ideally equipped with European legal standards,
monitoring mechanism(s), and regional platforms which facilitate
the contribution of member States to Target 16.2 through the existing
work of the Council of Europe.
and Ms
Maud de Boer-Buquicchio, the Special Rapporteur on the Sale and
Sexual Exploitation of Children. Indeed,
the November 2016 seminar “Protecting children from violence: next
steps for effective strategies”, jointly organised by the Council
of Europe Child Rights’ Division and our Assembly Committee at Wilton
Park (United Kingdom), brought together global actors to map out
an action plan in all key areas covered in this report. This concerted
action has resulted in the Council of Europe’s 47 governments and
parliaments being ideally equipped with European legal standards,
monitoring mechanism(s), and regional platforms which facilitate
the contribution of member States to Target 16.2 through the existing
work of the Council of Europe.2.1. The work of the intergovernmental sector
9. The current Council of Europe
Strategy for the Rights of the Child (2016-2021) stipulates its mission clearly:
to protect children from violence and hence contribute to the implementation
of the UN 2030 Agenda for Sustainable Development, building on the
Council of Europe standards, intergovernmental platforms and monitoring
bodies. Since
2006, the Programme “Building a Europe for and with Children” promotes
an integrated approach to the elimination of all forms of violence,
as well as targeted action to address specific forms of violence.
These include sexual exploitation and abuse (online and offline),
trafficking, corporal punishment, bullying (including cyberbullying)
and gender-based violence. Children’s rights are also better protected
thanks to the programme’s efforts to promote positive parenting
and child-friendly justice, health care and social services. Through
these efforts, legal norms have been developed, independent monitoring mechanisms
have been set up, policy documents adopted, and pan-European campaigns
developed to bring the public’s attention to the fact that violence
against children is still a taboo and indeed a scourge which is challenging
to eradicate – in the home, in institutions, in schools, in sports,
in places where children are deprived of their liberty, in public
life – but which must be tackled nevertheless.
stipulates its mission clearly:
to protect children from violence and hence contribute to the implementation
of the UN 2030 Agenda for Sustainable Development, building on the
Council of Europe standards, intergovernmental platforms and monitoring
bodies. Since
2006, the Programme “Building a Europe for and with Children” promotes
an integrated approach to the elimination of all forms of violence,
as well as targeted action to address specific forms of violence.
These include sexual exploitation and abuse (online and offline),
trafficking, corporal punishment, bullying (including cyberbullying)
and gender-based violence. Children’s rights are also better protected
thanks to the programme’s efforts to promote positive parenting
and child-friendly justice, health care and social services. Through
these efforts, legal norms have been developed, independent monitoring mechanisms
have been set up, policy documents adopted, and pan-European campaigns
developed to bring the public’s attention to the fact that violence
against children is still a taboo and indeed a scourge which is challenging
to eradicate – in the home, in institutions, in schools, in sports,
in places where children are deprived of their liberty, in public
life – but which must be tackled nevertheless.10. Through its recently set-up intergovernmental body, the Ad
hoc Committee for the Rights of the Child (CAHENF), a stepped-up
and systematic support to the UN Committee for the Rights of the
Child (UNCRC) is in place and follows up on a long tradition of
co-operation between the Council of Europe and various UN bodies.
An important emphasis is put on responses to violence against children
to facilitate and intensify member States’ progress towards Target
16.2. In this context, a dedicated Group of Experts on responses
to violence against children (CAHENF-VAC) was set up and once again
supported by the UN SRSG VAC and the UN Special Rapporteur on the
Sale and Sexual Exploitation of Children. These new structures come
in addition to the “Lanzarote Committee”, which is the Committee
of the Parties (a monitoring and strategy-setting body) of the “Lanzarote
Convention”, the 2007 Council of Europe Convention on the Protection
of Children against Sexual Exploitation and Sexual Abuse (CETS No.
201).
2.2. The work of the Parliamentary Assembly
11. At the level of the Assembly,
several committees are mandated to protect children from violence:
- the Committee on Social Affairs, Health and Sustainable Development has the broadest mandate, which is reflected in the (re-)creation of its Sub-Committee on Children in 2017.
- the Committee on Migration, Refugees and Displaced Persons runs the Parliamentary Campaign to End Immigration Detention of Children,
- “Stop violence and exploitation of migrant children”, which focuses on the different forms of violence and exploitation that child migrants are experiencing in Europe, such as sexual abuse and exploitation, labour exploitation and discrimination, as well as violence against migrant children in detention facilities, transit zones and migrant centres;
- “Missing refugee and migrant children in Europe”, which is looking into ways to ensure that the tens of thousands of missing refugee and migrant children are found, and that children do not go missing in the first place.
- the Committee on Culture, Science, Education and Media and its Sub-Committee on Education, Youth and Sport have been particularly active in three fields: fighting violence against children online, through education, and in sports. It has brought a number of related reports to the floor of the Assembly,
- the Committee on Equality and Non-Discrimination runs the parliamentary Network “Women Free from Violence”, which also deals with violence against girls. It has brought a number of related reports to the floor of the Assembly,
2.3. Results so far
12. These fora are not just talking
shops with no results; and neither are the Council of Europe standards and
strategies or the Parliamentary Assembly resolutions and recommendations
insignificant: they are the result of, and an engine for, the continuous
engagement with member States, their parliaments, other regional and
international organisations, local and regional authorities, civil
society and children themselves. Many of them provide tangible lists
of steps to be taken to achieve progress and can therefore be useful
indicators for the achievement of the UN 2030 Agenda. As several
Council of Europe conventions require reporting by States Parties
in the context of monitoring of their implementation, this data
should be used also in the United Nations voluntary national reviews
that States submit to the High-level Political Forum.
13. To take the example of sexual violence against children, the
elaboration of the “Lanzarote Convention”, the first international
legal instrument aiming to prevent, criminalise and combat all forms
of sexual abuse and exploitation of children, with 44 States Parties
today, gave
rise to the multi-stakeholder Council of Europe ONE in FIVE campaign
to stop sexual violence against children, which mobilised governments
to sign, parliaments to ratify, and countries to implement the Lanzarote
Convention, down to the very local level. Thus, the Assembly’s pilot
project in Cyprus led not only to the adoption of new legislation
modelled on the Convention’s requirements, but also to the opening
of the first Barnahus for
child victims of sexual violence outside the Nordic countries. More
and more States in all parts of Europe are requesting Council of
Europe expertise to address violence against children, which allows
bridging of the gap between international standards and national
implementation: The Children’s Rights Division is currently managing
projects across Europe to strengthen States’ responses to child
sexual exploitation and sexual abuse.
gave
rise to the multi-stakeholder Council of Europe ONE in FIVE campaign
to stop sexual violence against children, which mobilised governments
to sign, parliaments to ratify, and countries to implement the Lanzarote
Convention, down to the very local level. Thus, the Assembly’s pilot
project in Cyprus led not only to the adoption of new legislation
modelled on the Convention’s requirements, but also to the opening
of the first Barnahus for
child victims of sexual violence outside the Nordic countries. More
and more States in all parts of Europe are requesting Council of
Europe expertise to address violence against children, which allows
bridging of the gap between international standards and national
implementation: The Children’s Rights Division is currently managing
projects across Europe to strengthen States’ responses to child
sexual exploitation and sexual abuse.14. In April 2018, the Council of Europe Enlarged Partial Agreement
of Sport (EPAS) launched the “Start to Talk” campaign, a call for
action to public authorities, the sport movement and other stakeholders
to take the necessary prevention and protection measures to stop
child sexual abuse in sports. By joining this call, governments,
sports clubs, associations and federations, as well as athletes
and coaches, pledge to take concrete measures to prevent and respond
to abuse. “Start to Talk” is about adults breaking the silence and lending
children a voice. In a positive feedback loop of their own, parliamentarians
joined the campaign on the occasion of the 2018 European Day on
the Protection of Children against Sexual Exploitation and Sexual Abuse
(itself a result of the ONE in FIVE campaign), elaborating a 10-point
action plan and raising awareness of the issue with events such
as “blowing the whistle on child sexual abuse in sports”. Indeed, organisations in 18 countries
have joined the Start to Talk initiative so far, leading to a broad
mobilisation of both public authorities and the sports movement.
Indeed, organisations in 18 countries
have joined the Start to Talk initiative so far, leading to a broad
mobilisation of both public authorities and the sports movement. 15. To take another example, empowering and protecting children
in the digital environment, the Committee of Ministers of the Council
of Europe adopted in June 2018 a Recommendation on Guidelines
to respect, protect and fulfil the rights of the child in the digital
environment (drawn up by the Ad hoc Committee for the Rights of
the Child). The Guidelines provide concrete solutions (prevention
strategies, protection and awareness-raising measures, due diligence,
impact assessment and remedies), stimulating co-operation at international
and national level. In line with previous work in the area, including
by the Assembly and
by the Lanzarote Committee, the Guidelines also specify the measures
which need to be taken regarding child sexual abuse material. To
facilitate their proper implementation, an Implementation Guide
for Professionals is currently under preparation. A Regional Project to End Online
Child Sexual Exploitation and abuse @Europe was also launched in
January 2019 and is expected to run until December 2020. Financed
by the Fund to End Violence against Children, this Project will
address the contextual challenges identified at pan-European and country
level by promoting, facilitating and supporting national efforts
and actions to prevent and combat child sexual exploitation and
abuse facilitated by information and communications technology (ICT).
and
by the Lanzarote Committee, the Guidelines also specify the measures
which need to be taken regarding child sexual abuse material. To
facilitate their proper implementation, an Implementation Guide
for Professionals is currently under preparation. A Regional Project to End Online
Child Sexual Exploitation and abuse @Europe was also launched in
January 2019 and is expected to run until December 2020. Financed
by the Fund to End Violence against Children, this Project will
address the contextual challenges identified at pan-European and country
level by promoting, facilitating and supporting national efforts
and actions to prevent and combat child sexual exploitation and
abuse facilitated by information and communications technology (ICT).16. A third example of the Council of Europe’s successful contribution
to ending violence against children can be found in its first major
campaign following the creation of its programme “Building a Europe
for and with children” in 2006: “Raise your hand against smacking” – which followed up on a 2004 Assembly recommendation
calling for a Europe-wide ban on corporal punishment of children. Corporal
punishment is indeed still the most widespread form of violence
against children. Ineffective as a means of discipline, it is a violation
of their human rights but not always recognised as such. The European Committee of Social Rights has
found several States in breach of the European Social Charter (revised)
(ETS No. 163) for not having prohibited corporal punishment in a
sufficiently precise and binding manner. By 2018, the number of
member States having banned corporal punishment in all settings
(including in institutions and at home) had nearly doubled to 32
– so despite some success, there is still room for improvement.
To support governments in their continuing efforts to promote positive
and non-violent parenting, the Council of Europe has set up an online repository
compiling more than 50 videos, publications, campaigns, and parenting
programmes from 13 member States.
– which followed up on a 2004 Assembly recommendation
calling for a Europe-wide ban on corporal punishment of children. Corporal
punishment is indeed still the most widespread form of violence
against children. Ineffective as a means of discipline, it is a violation
of their human rights but not always recognised as such. The European Committee of Social Rights has
found several States in breach of the European Social Charter (revised)
(ETS No. 163) for not having prohibited corporal punishment in a
sufficiently precise and binding manner. By 2018, the number of
member States having banned corporal punishment in all settings
(including in institutions and at home) had nearly doubled to 32
– so despite some success, there is still room for improvement.
To support governments in their continuing efforts to promote positive
and non-violent parenting, the Council of Europe has set up an online repository
compiling more than 50 videos, publications, campaigns, and parenting
programmes from 13 member States. 17. Finally, the Council of Europe and its Parliamentary Assembly
have been paying special attention to the need to safeguard children
on the move and otherwise affected by migration, as one of the most vulnerable groups
in Europe today. As mentioned in paragraph 11.2 above, the Assembly
has been particularly active in campaigning to end immigration detention
of children, recalling that unaccompanied children should never
be detained and that the detention of children on the basis of their
or their parents' immigration status is contrary to the best interests
of the child and constitutes a child rights violation. The Assembly
has thus called on member States to adopt alternatives that meet
the best interests of the child and allow children to remain with their
family members and/or guardians in non-custodial, community-based
contexts while their immigration status is being resolved. The Secretary
General of the Council of Europe has thrown his weight behind these recommendations,
by appointing a Special Representative on Migration and Refugees
in 2016 (with the protection of refugee and migrant children as
one of the key priorities for his mandate), and developing an Action
Plan which brings together different sectors of the organisation
to undertake activities aimed at ensuring access to rights and child-friendly
procedures, providing effective protection and integrating children.
as one of the most vulnerable groups
in Europe today. As mentioned in paragraph 11.2 above, the Assembly
has been particularly active in campaigning to end immigration detention
of children, recalling that unaccompanied children should never
be detained and that the detention of children on the basis of their
or their parents' immigration status is contrary to the best interests
of the child and constitutes a child rights violation. The Assembly
has thus called on member States to adopt alternatives that meet
the best interests of the child and allow children to remain with their
family members and/or guardians in non-custodial, community-based
contexts while their immigration status is being resolved. The Secretary
General of the Council of Europe has thrown his weight behind these recommendations,
by appointing a Special Representative on Migration and Refugees
in 2016 (with the protection of refugee and migrant children as
one of the key priorities for his mandate), and developing an Action
Plan which brings together different sectors of the organisation
to undertake activities aimed at ensuring access to rights and child-friendly
procedures, providing effective protection and integrating children. 3. Identifying and addressing the challenges
18. With so much work already undertaken
at the Council of Europe alone, and with so much involvement at
governmental, parliamentary, local and civil society level in so
many European countries, it may seem strange that Target 16.2 –
ending violence against children – still seems so elusive, even
here in Europe. Every day, we hear of new incidences of violence,
some of it extreme: sexual abuse in a child’s circle of trust (in
the family, in childcare, in sport and in the church), corporal
punishment at home or bullying in schools, institutions and online,
children affected by hate crimes, armed conflict or its aftermath,
migrant and refugee children going missing, being trafficked or
forced into begging or prostitution, etc. – the list sometimes seems
endless, and doesn’t always seem to tally with the voluntary national
reviews submitted to the High-level Political Forum on Sustainable
Development.
19. It is not that countries are “sugar-coating” their voluntary
national reviews – though the temptation is there, of course, to
concentrate the reporting on those aspects of the fight against
violence against children which are going well at national level, along
the lines of sharing good practice. Is the participation in regional action
plans, campaigns and co-operation measures and strategies such as
those of the Council of Europe bringing about complacency? I don’t
think so. But I do believe that we first need to identify the challenges
to Target 16.2, in order help us find a realistic way to address
them.
along
the lines of sharing good practice. Is the participation in regional action
plans, campaigns and co-operation measures and strategies such as
those of the Council of Europe bringing about complacency? I don’t
think so. But I do believe that we first need to identify the challenges
to Target 16.2, in order help us find a realistic way to address
them.20. I believe that the first challenge is the lack of data. A
problem becomes a problem to be solved only when it is measurable,
and thus visible. This is certainly not a new insight, but
the lack of meaningful data has plagued the fight to end violence
against children for years. As we have seen, the most common form
of violence against children is corporal punishment in the home,
which is often a “black box” (unless the violence is so extreme
it comes to the attention of child protection authorities). Sexual
violence against children is still a taboo subject in many countries,
including in Europe, especially when it targets specific groups,
such as children with disabilities. Even
in the #MeToo era, victim-blaming and the sheer imbalance of power
between the (often) adult perpetrators and the child victims delay
reporting or silence victims altogether: it appears that the ONE
in FIVE figure the Council of Europe’s campaign was based on should
actually have been ONE in FOUR. In these circumstances, collecting
the “right” data (“right” as in complete, and properly disaggregated in
terms of gender and age, for
example), and drawing meaningful conclusions from that data, are
a major challenge. In our fast-paced societies dominated by election
and news cycles and powerful social media influences, marred by
fake news and plagued by populism, acknowledging weaknesses and
setbacks and looking into blind spots can be a tall order for a
government.
but
the lack of meaningful data has plagued the fight to end violence
against children for years. As we have seen, the most common form
of violence against children is corporal punishment in the home,
which is often a “black box” (unless the violence is so extreme
it comes to the attention of child protection authorities). Sexual
violence against children is still a taboo subject in many countries,
including in Europe, especially when it targets specific groups,
such as children with disabilities. Even
in the #MeToo era, victim-blaming and the sheer imbalance of power
between the (often) adult perpetrators and the child victims delay
reporting or silence victims altogether: it appears that the ONE
in FIVE figure the Council of Europe’s campaign was based on should
actually have been ONE in FOUR. In these circumstances, collecting
the “right” data (“right” as in complete, and properly disaggregated in
terms of gender and age, for
example), and drawing meaningful conclusions from that data, are
a major challenge. In our fast-paced societies dominated by election
and news cycles and powerful social media influences, marred by
fake news and plagued by populism, acknowledging weaknesses and
setbacks and looking into blind spots can be a tall order for a
government.21. The second challenge I have identified is co-ordination and
strategic priorities. In order to end violence against children,
it is not enough to have one ministry (or part of a ministry – how
many countries have ministries dedicated solely to children?) do
all the work, even with the best of intentions. Violence against children
is still so pervasive that its consideration and the responses to
it need to be mainstreamed in order to be successful. It is crucial
to work together with all stakeholders, involving parliaments, local
authorities, civil society and children themselves. It is essential
to ensure that action takes place at local levels, respecting and involving
all stakeholders. Monitoring is also essential, in order to define
what works and what does not in order to influence future developments.
While multilateralism is not exactly in vogue these days in all
parts of the world, learning from countries and regions and sharing
good practices is key. A country’s national action plans and strategies
– on the implementation of the SDGs in general , and on addressing violence against children – can gain insights
and suggested structures from United Nations and
Council of Europe recommendations and adapt these to local needs
and priorities.
, and on addressing violence against children – can gain insights
and suggested structures from United Nations and
Council of Europe recommendations and adapt these to local needs
and priorities. 22. The third challenge which comes to mind is attitudes. As long
as we still don’t acknowledge children as fully fledged human beings
with a full set of human rights, violence against them will continue.
Unfortunately, some people still seem to believe that children must
“deserve” their human rights, and can forfeit them (for example,
children in conflict with the law, or migrant children). This attitude
must be eradicated! The right of ALL children to live free from
fear and violence has been recognised in the United Nations Convention
on the Rights of the Child (UNCRC); they are independent right-holders,
not just objects of protection. However, often people do not feel
responsible or do not know what to do, even when they are aware
of children’s rights; they need to be empowered and involved. Unfortunately,
it may seem easier, and in many quarters more popular, to “respect
the privacy of the home and the family” and thus allow corporal
punishment to continue, than to educate parents – who are at the
end of their tether and know no better – in positive parenting. It
may seem easier not to have to confront the reality that sexual
violence against children is not something that happens only online
and is perpetrated by strangers, but is mainly perpetrated by family
members or other adults – or peers – the child trusts, before images
go online as “child abuse material”. It may seem easier to believe
that bullying in school is “only a phase” and will cause no lasting
harm. It may seem easier to close our eyes to migrant children being
detained, going missing, or being trafficked and exploited. But
it will not end violence against children.
It
may seem easier not to have to confront the reality that sexual
violence against children is not something that happens only online
and is perpetrated by strangers, but is mainly perpetrated by family
members or other adults – or peers – the child trusts, before images
go online as “child abuse material”. It may seem easier to believe
that bullying in school is “only a phase” and will cause no lasting
harm. It may seem easier to close our eyes to migrant children being
detained, going missing, or being trafficked and exploited. But
it will not end violence against children.23. The fourth challenge I have identified is probably the biggest
and most important one: prioritisation. With so many other SDGs
vying for attention, many of them are considered a bigger priority
than ending violence against children: after all, children don’t
have the vote. However, children themselves have identified ending violence
against them as one of their two biggest priorities. The lack of
political will to prioritise Target 16.2 also means that not enough
resources are made available to reach it, both at national and at
international level. Indeed, this summer, the HLPF will
showcase several Goals, not just Goal 16 (let alone Target 16.2).
But how can we hope to end violence against children if this is
not among our first priorities? Making something a priority also
means allocating sufficient funding to it. In our relatively rich
European countries, we should also be considering our contributions
to funding programmes in poorer countries to combat violence against
children.
Indeed, this summer, the HLPF will
showcase several Goals, not just Goal 16 (let alone Target 16.2).
But how can we hope to end violence against children if this is
not among our first priorities? Making something a priority also
means allocating sufficient funding to it. In our relatively rich
European countries, we should also be considering our contributions
to funding programmes in poorer countries to combat violence against
children.24. The real added value of the Council of Europe and its Parliamentary
Assembly lies in their potential to address these four key challenges.
Both the Council of Europe and the Assembly have prioritised the
fight to end violence against children for over a decade. We can
offer: binding standards, norms, guidance, support, capacity building,
monitoring, a platform for exchange of good practices and co-operation,
data collection, awareness-raising campaigns, etc. – plus a whole
host of connected, mobilised, and politically influential bodies
and institutions which reach right down to the local level, civil
society and children themselves.
4. The way forward: conclusions and recommendations
25. As national European parliamentarians,
we have the power to use the SDGs to put pressure on our governments
to ensure that action to end violence against children is made a
national priority, and that structures are in place to combat violence
against children by providing:
25.1. sufficient
emphasis in budgets to deliver results;
25.2. high quality services in education, health, social services
and child justice (with a special focus on adequate and timely support
for child victims of violence, and concrete steps to prevent peer-to-peer violence);
25.3. structures and funding for local authorities to provide
these services, monitor the effectiveness of services and improve
practice;
25.4. consult, at a local level, with communities, including
children, on the quality, appropriateness and impact of these services;
25.5. fully implement all relevant Council of Europe Conventions
as State Parties.
26. We can also, as parliamentarians, question and seek to improve,
where necessary, levels of funding and resources to poorer countries
in order to provide support for programmes to combat violence against
children worldwide, and encourage the Council of Europe to do likewise
– as well as to focus efforts on accelerating progress towards reaching
this target in member States, and on working together with the United
Nations in accelerating progress worldwide. We can also encourage
our governments to report on Council of Europe relevant work in
their reporting on the implementation efforts of SDG Target 16.2.
27. I would also encourage the Council of Europe itself, as well
as its member States (both governments and parliaments), to support
the “The roadmap for peaceful, just and inclusive societies” developed by a coalition of “pathfinders”
convened by the governments of Brazil, Sierra Leone and Switzerland.
This coalition has identified three transformative strategies, nine
areas of catalytic action and four enablers. Crucially, its very top
priority catalytic action is “Scale up violence prevention for women,
children, and for vulnerable groups”.
developed by a coalition of “pathfinders”
convened by the governments of Brazil, Sierra Leone and Switzerland.
This coalition has identified three transformative strategies, nine
areas of catalytic action and four enablers. Crucially, its very top
priority catalytic action is “Scale up violence prevention for women,
children, and for vulnerable groups”. 28. Finally, as members of the Parliamentary Assembly of the Council
of Europe, we can also bring home and share more globally the acquis of the Council of Europe
and its Assembly – for example, by sponsoring annual debates on
ending violence against children in our national parliaments, setting
up permanent children’s rights committees if we have not done so
already, introducing “child budgeting” in our parliaments, and networking
across parliaments regionally and globally, for example in co-operation
with the Inter-Parliamentary Union. We should also renew our efforts
to have children’s rights included in national constitutions. This
way we can build on our experience, both good and bad, to accelerate
progress towards building a world free from violence for every child
as a top priority.
Appendix – Report on the rapporteur’s fact-finding visit to Germany on 6 and 7 May 2019
(open)1. The aim of the visit was to
seek information on how Germany deals with violence against children,
in particular sexual abuse of children, with regard to: legal frameworks,
collaboration between agencies, prevention and recovery measures
and social media. I was also interested to learn how Germany is
developing child participation, and responding to SDG Target 16.2
related to the abuse, exploitation, trafficking and all forms of
violence against and torture of children.
2. I met the Independent Commissioner for Child Sex Abuse Issues,
Johannes-Wilhelm Rörig, one of the members of the Independent Enquiry
into Child Sexual Abuse (CSA) in Germany, the former Independent Commissioner
Christine Bergmann, Parliamentary State Secretaries Christian Lange
and Caren Marks, Members of Parliament (Susann Rüthrich, Andreas
Nick and Katrin Werner), and NGO representatives: Dorothea Zimmermann
(Wildwasser e.V.), Dorothea Czarnecki (ECPAT Germany), Laura Jäger
(Tourism Watch), Linda Zaiane (Deutsches Kinderhilfswerk e.V.) and
Matthias Katsch (Eckiger Tisch e.V.). All were generous with their
time and information and I am grateful to them for making the visit
productive and interesting. It was also a particular highlight to
visit the Wilhelm-von-Humboldt-Gemeinschaftsschule in Berlin.
3. I am also grateful to the secretariat of the German delegation
to the Assembly for the efficient and smooth organisation of the
visit.
4. I will divide this report into sections: introduction, political
and legal frameworks, collaboration between agencies, the participation
of children, the role of social media and contribution to the SDGs.
Introduction
1. It was recognised that the profile
of child sex abuse had been raised by the media and campaigners
and that the climate of power relations in society generally, and
in particular between perpetrators and victims, needed more adjustment.
There was recognition that child sex abuse had become more visible,
but that data across the spectrum of children related to gender,
disability, ethnic groups and sexuality was inadequate. Child refugees
and migrants were of particular concern also. Lack of funding for
children and youth services at the level of some local authorities
was considered a problem, as those in deprived areas tended to have
the least funding. The importance of the influence and activity
of parliamentarians was recognised as crucial to tackling the issue.
Much was said about the importance of agencies and stakeholders
working in a collaborative way. The media, in particular social
media, was described as needing more control but as also having
the potential to be a force for good. The importance of establishing
a “protective environment” for children was considered vital in
all environments, including legal situations, the home, school,
sport and media.
Political framework
1. The Independent Enquiry into
Child Sex Abuse in Germany, set up in 2015 under a mandate from parliament,
has clearly worked with purpose and produced a report and recommendations
in April 2019. An Independent Commissioner was appointed
in 2010 when the (second) wave of abuse scandals “became public”.
At the time, a round table of all stakeholders (including ministers,
victims and experts) had been set up to recommend action; there
are plans for a new national council on child sex abuse to be set
up later this year. The Federal Ministry of Family Affairs, Senior
Citizens, Women and Youth has the main responsibility for this area,
drawing on other ministries and on the voluntary sector. An official
sub-committee for children’s concerns was set up when Germany ratified
the Convention on the Rights of the Child. It is an all-party group
and has a rotating Chair according to party. The Chair serves for
a little less than a year and decides which topic will be the focus
for that time. This year, the focus is on “a good start to life”
(prenatal, birth, earliest childhood).
An Independent Commissioner was appointed
in 2010 when the (second) wave of abuse scandals “became public”.
At the time, a round table of all stakeholders (including ministers,
victims and experts) had been set up to recommend action; there
are plans for a new national council on child sex abuse to be set
up later this year. The Federal Ministry of Family Affairs, Senior
Citizens, Women and Youth has the main responsibility for this area,
drawing on other ministries and on the voluntary sector. An official
sub-committee for children’s concerns was set up when Germany ratified
the Convention on the Rights of the Child. It is an all-party group
and has a rotating Chair according to party. The Chair serves for
a little less than a year and decides which topic will be the focus
for that time. This year, the focus is on “a good start to life”
(prenatal, birth, earliest childhood).2. An NGO expressed the view that, despite positive action, child
sex abuse was “not a top priority”. Other interviewees were keen
to raise its profile in relation to improving the climate of recognition
of and respect for the problems.
Legal frameworks
1. We heard from one source that
people dealing with traumatised children and adults is a huge problem and
that there are concerns about how children are dealt with. Particular
concerns include: Judges in children’s courts are not obliged to
go for special training, although children can have an advocate;
systems using video or audio evidence have improved the situation
in that children do not have to repeat giving live evidence, but they
are not systematically used. Children still often need to testify
multiple times. Prevention of abuse, some participants stated, could
be helped by more prosecutions, with appropriate punishment, as
well as by more widespread adoption of modern and comprehensive
safeguarding policies across sectors.
2. Sports clubs must, by law, have protective measures, but one
interviewee said that monitoring of these measures’ implementation
should be mandatory, and rules should be made clear to individuals;
proper protective measures (including the elaboration of a prevention
and intervention concept) should be made a condition for receiving
public funding. Reporting of abuse is not mandatory, but abuse can
– and should – be reported – for example by a doctor or a teacher.
The Independent Commission’s report “recommends conducting scientific
studies on the existing standards for the protection of victims
and survivors in investigations and criminal proceedings”.
Collaboration between agencies
1. There was concern that children
in trouble might be passed between different agencies thus causing stress
and delay. An NGO worker said collaboration takes place when individuals
are committed to it, and gave positive feedback on collaboration
with local politicians and with the police. Several of those interviewed
felt that there could be greater collaboration between regional
and national structures, between different ministries and in local
services. The school I visited appeared to have good collaboration
with parents and with services for child welfare. The school has
a council consisting of parents, teachers and children and a teacher responsible
for child protection. Children participate in developing polices
on, for example, bullying. Much counselling and recovery work appears
to be carried out by NGOs who have a heavy workload and rely heavily on
volunteers.
Child participation
1. There were other examples of
involving children in consultation and there is a working group
on the rights of the child and a youth protection (aged 12 to 27)
department within the Family Affairs, Senior Citizens, Women and
Youth Ministry. As the minster for this department said: “It is
not just about legislation, it is about making young people stronger
with age-appropriate participation.” There are youth fora (involving
around 400 young people) where young people define topics and a
young person speaks for a particular group. There are youth parliaments
at a local level. They meet once a year in the Federal Parliament
to conduct debates and vote on passing laws of their choice. Education
in schools to develop resilience and self-confidence was mentioned
not only by the school but also by other participants.
Social media
1. It was recognised that social
networking is a challenge for our societies nationally and internationally, with
young people skilled in its use. Perpetrators of child abuse can
take advantage of this and cybergrooming, cyberbullying and sexting
are hazards. One interviewee said: “We have laws which are fifteen
years behind the development of the internet”. Germany has a voluntary
code for internet companies. The school we visited has a rule banning
the use of mobile phones in school. A campaigner on combating child
abuse pointed out that the internet could also help, however, with
strengthening communication and support between survivors internationally,
and could educate against abuse.
Sustainable Development Goals
1. An MP said that the SDGs could
be used to improve initiatives for child sex abuse by facilitating
dialogue and reporting. The SDG reporting mechanism is through the
Ministry of Economic Co-operation. Departments forward information
to it.
2. ECPAT Germany has a briefing paper on SDG Target 16.2 to end
abuse, exploitation, trafficking and all forms of violence against
and torture of children. This points out that the aspirations may
not be achievable but that the indicators “provide information on
the level of achievement which will help to influence national policies”.
It also points out that the SDGs “can be an important building block
to achieve a more protective world for children”.