CRC/C/GC/13
(c)
Criminal law procedures, which must be strictly applied in order to abolish
the widespread practice of de jure or de facto impunity, in particular of State actors;
(d)
Disciplinary or administrative proceedings against professionals for
neglectful or inappropriate behaviour in dealing with suspected cases of child maltreatment
(either internal proceedings in the context of professional bodies for breaches of codes of
ethics or standards of care, or external proceedings);
(e)
Judicial orders to ensure compensation and rehabilitation for children who
have suffered from violence in its various forms.
56.
When appropriate, juvenile or family specialized courts and criminal procedures
should be established for child victims of violence. This could include the establishment of
specialized units within the police, the judiciary and the prosecutor’s office with the
possibility of providing accomodations in the judicial process to ensure equal and fair
participation of children with disabilities. All professionals working with and for children
and involved in such cases should receive specific interdisciplinary training on the rights
and needs of children of different age groups, as well as on proceedings that are adapted to
them. While implementing a multidisciplinary approach, professional rules on
confidentiality should be respected. The decision to separate a child from his or her
parent(s) or family environment must be made only when it is in the child’s best interests
(art. 9 and art. 20, para. 1). However, in cases of violence where perpetrators are primary
caregivers, within the child rights safeguards listed above, and depending on the severity
and other factors, intervention measures focusing on social and educational treatment and a
restaurative approach are often preferable to a purely punitive judicial involvement.
Effective remedies should be available, including compensation to victims and access to
redress mechanisms and appeal or independent complaint mechanisms.
57.
Effective procedures. Such protective measures as mentioned in article 19,
paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71),
require “effective procedures” to ensure their enforcement, quality, relevance, accessibility,
impact and efficiency. Such procedures should include:
(a)
Inter-sectoral coordination, mandated by protocols and memorandums of
understanding as necessary;
(b)
The development and implementation of systematic and ongoing data
collection and analysis;
(c)
The development and implementation of a research agenda; and
(d)
The development of measurable objectives and indicators in relation to
policies, processes and outcomes for children and families.
58.
Outcome indicators should focus on the child’s positive development and well-being
as a rights-bearing person, beyond a purely narrow focus on incidence, prevalence and
types or extent of violence. Child death reviews, critical injury reviews, inquests and
systemic reviews must also be taken into account when identifying the underlying causes of
violence and in recommending corrective courses of actions. Research must build on the
existing body of international and national child protection knowledge and benefit from
interdisciplinary and international collaboration in order to maximize complementarity.
(See also para. 72 (j) on accountability in relation to national coordinating frameworks).
22
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