CRC/C/GC/13
(g)
Primary prevention, through public health, education, social services and
other approaches, of all forms of violence is of paramount importance;
(h)
The Committee recognizes the primary position of families, including
extended families, in child caregiving and protection and in the prevention of violence.
Nevertheless, the Committee also recognizes that the majority of violence takes place in the
context of families and that intervention and support are therefore required when children
become the victims of hardship and distress imposed on, or generated in, families;
(i)
The Committee is also aware of widespread and intense violence applied
against children in State institutions and by State actors including in schools, care centres,
residential homes, police custody and justice institutions which may amount to torture and
killing of children, as well as violence against children frequently used by armed groups
and State military forces.
4.
Definition of violence. For the purposes of the present general comment, “violence”
is understood to mean “all forms of physical or mental violence, injury or abuse, neglect or
negligent treatment, maltreatment or exploitation, including sexual abuse” as listed in
article 19, paragraph 1, of the Convention. The term violence has been chosen here to
represent all forms of harm to children as listed in article 19, paragraph 1, in conformity
with the terminology used in the 2006 United Nations study on violence against children,
although the other terms used to describe types of harm (injury, abuse, neglect or negligent
treatment, maltreatment and exploitation) carry equal weight. 2 In common parlance the
term violence is often understood to mean only physical harm and/or intentional harm.
However, the Committee emphasizes most strongly that the choice of the term violence in
the present general comment must not be interpreted in any way to minimize the impact of,
and need to address, non-physical and/or non-intentional forms of harm (such as, inter alia,
neglect and psychological maltreatment).
5.
States’ obligations and the responsibilities of family and other actors.
References to “States parties” relate to the obligations of States parties to assume their
responsibilities towards children not only at the national level, but also at the provincial and
municipal levels. These special obligations are due diligence and the obligation to prevent
violence or violations of human rights, the obligation to protect child victims and witnesses
from human rights violations, the obligation to investigate and to punish those responsible,
and the obligation to provide access to redress human rights violations. Regardless of
whether violence takes place, States parties have a positive and active obligation to support
and assist parents and other caregivers to secure, within their abilities and financial
capacities and with respect for the evolving capacities of the child, the living conditions
necessary for the child’s optimal development (arts. 18 and 27). States parties, furthermore,
shall ensure that all persons who, within the context of their work, are responsible for the
prevention of, protection from, and reaction to violence and in the justice systems are
addressing the needs and respecting the rights of children.
6.
Evolution of general comment No. 13. The present general comment builds on the
existing guidance provided by the Committee in its review of States parties’ reports and the
respective concluding observations, the recommendations of two days of general discussion
on violence against children, held in 2000 and 2001, general comment No. 8 (2006) on the
right of the child to protection from corporal punishment and other cruel or degrading
forms of punishment, and references in other general comments to the topic of violence.
The present general comment draws attention to the recommendations of the 2006 report of
2
4
Translations of the Convention into other languages do not necessarily include exact equivalents of
the English term “violence”.