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Violence against Children

Violence against Children. Some Global Statistics. 53,000 children were murdered in 2002 150 million girls and 73 million boys under the age of 18 were subject to forced sexual relations or other forms of sexual violence

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Violence against Children

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  1. Violence against Children

  2. Some Global Statistics • 53,000 children were murdered in 2002 • 150 million girls and 73 million boys under the age of 18 were subject to forced sexual relations or other forms of sexual violence • Between 20 and 65 percent of schoolchildren reported having been physically or verbally abused while in school • Between 100 and 140 million girls and women were subject to genital mutilation • 218 million children were exposed to child labour, including 126 million who worked under dangerous conditions • 1.8 million children were forced into prostitution and pornography • 1.2 million children were victims of child trafficking [1]

  3. Source: AIHW (2009) Australia’s statistics

  4. Types of Confirmed cases in Australia 2007-2008

  5. CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 • UNDER SECTION 23 • (1) A child at risk of significant harm if current concerns exist for the safety, welfare or well-being of the child or young person because of the presence, to a significant extent, of any one or more of the following circumstances: • (a) the child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met, • (b) the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care, • (b1) in the case of a child or young person who is required to attend school in accordance with the Education Act1990-the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act, • (c) the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated, • (d) the child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm, • (e) a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm, • (f) the child was the subject of a pre-natal report under section 25 and the birth mother of the child did not engage successfully with support services to eliminate, or minimise to the lowest level reasonably practical, the risk factors that gave rise to the report. • Note: Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

  6. CHAPTER 4 - CHILDREN AND YOUNG PERSONS IN NEED OF CARE AND PROTECTION • CHILDREN ABUSED BY PARENTS OR CARETAKERS: • S.34-36 ACTION TAKEN BY DIRECTOR-GENERAL • S.37 USE OF ALTERNATIVE DISPUTE RESOLUTION • S.38 CARE PLANS • S.38 PARENT RESPONSIBILITY CONTRACTS

  7. Crimes Act Section 87: CHILD ABDUCTION • (1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years. • (2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.

  8. Crimes Act Section 91G: • Children not to be used for pornographic purposes • (a) use in pornographic purposes, or • (b) causes or procures a child of that age to be so used, or • (c) having the care of a child of that age, consents to the child being so used or allows the child to be so used, • Under 14 years old – max penalty 14 yrs imprisonment • Over 14 yrs old – max penalty 10 yrs imprisonment

  9. Mechanisms • CHAPTER 12 - CHILDREN’S SERVICES • S.200 Meaning of “children’s service” (1) For the purposes of this Act, a "children’s service" is a service that provides education or care (other than residential care), or both education and care, whether directly or indirectly, for one or more children under the age of 6 years and who do not ordinarily attend school (disregarding any children who are related to the person providing the care).

  10. Child Protection • Some children who are found to have suffered abuse and neglect are removed from their homes by child protection authorities • There were 31,166 children placed in out of home care by the 30th June 2008 • 31% were aged 10-14 yrs • 30% were aged 5-9 yrs • 25% <5 yrs • 14% aged 15-17

  11. MANDATORY REPORTING • Compulsory reporting of child abuse, suspected or witnessed, by certain individuals. This can include teachers, doctors, school counselors and everyone who works with the child. If so a report can be made to the Department of community Service (DoCS) is legally required to investigate the case.

  12. CROC (Convention on the Rights of the Child) • built on varied legal systems and cultural traditions • universally agreed set of negotiable standards of obligations • first legally binding international instrument to incorporate the full range of human rights • civil, cultural, economic, political and social rights • set out in 54 article and two optional protocols

  13. CROC • 1989, world leaders decided that children needed a special convention because people under 18 years old often need special care and protection that adults do not. • also wanted to make sure that the world recognizes that children have human rights too.

  14. CROC- What’s it about? • spells out the basic human rights that children everywhere have • the right to survival • to develop to the fullest • to protection from harmful influences, abuse and exploitation • to participate fully in family, cultural and social life.

  15. CROC- What is it’s principles? • The four core principles of the Convention are: • non-discrimination • devotion to the best interests of the child • the right to life, survival and development • respect for the views of the child. • Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child.

  16. What does it do? • The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services.

  17. OPERATION PARADOX • Special campaign run by NSW police and DoCS for one day every year to enable people to report child sexual abuse confidentially • has received over 7000 calls since 1990.

  18. Dympna House • a child sexual assault and incest counselling service, based in Sydney. It provides counselling, health information, referral services and other relevant support for child welfare and domestic violence.

  19. CASE Study ONE: Anon v. MacKay District Court 2007 • 33 year old man poured caustic soda down his 4 year old step-daughter’s throat and over her genitals, and was the cause of her 5 fractured ribs and a broken arm • Charged with two counts of grievous bodily harm • Judge Dick handed down two concurrent 15 year sentences • No precedent in Queensland as the crime was so gruesome (Prosecutor Nigle Rees)

  20. Mother charged with child cruelty • Failing to provide necessary medical care: 5yrs imprisonment

  21. CASE STUDY TWO: • Christopher Hoerler (26) is charged with child abuse of a 7 month old baby • The child was found with a lacerated liver, a torn lip, bruises to the pancreas, multiple rib fractures and crushed toes • Pleaded not guilty • Recieved 10 years imprisonment

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