CRC/C/GC/13
root causes of children’s offences in order to provide a way out of a vicious circle of
retaliating violence with violence.
16.
The cost of violence against children. The human, social and economic costs of
denying children’s rights to protection are enormous and unacceptable. Direct costs may
include medical care, legal and social welfare services and alternative care. Indirect costs
may include possible lasting injury or disability, psychological costs or other impacts on a
victim’s quality of life, disruption or discontinuation of education, and productivity losses
in the future life of the child. They also include costs associated with the criminal justice
system as a result of crimes committed by children who have experienced violence. The
social costs arising from a demographic imbalance due to the discriminatory elimination of
girls before birth are high and have potential implications for increased violence against
girls including abduction, early and forced marriage, trafficking for sexual purposes and
sexual violence.
IV.
A.
1.
Legal analysis of article 19
Article 19, paragraph 1
“… all forms of ...”
17.
No exceptions. The Committee has consistently maintained the position that all
forms of violence against children, however light, are unacceptable. “All forms of physical
or mental violence” does not leave room for any level of legalized violence against
children. Frequency, severity of harm and intent to harm are not prerequisites for the
definitions of violence. States parties may refer to such factors in intervention strategies in
order to allow proportional responses in the best interests of the child, but definitions must
in no way erode the child’s absolute right to human dignity and physical and psychological
integrity by describing some forms of violence as legally and/or socially acceptable.
18.
The need for child rights-based definitions. States parties need to establish
national standards for child well-being, health and development as securing these
conditions is the ultimate goal of child caregiving and protection. Clear operational legal
definitions are required of the different forms of violence outlined in article 19 in order to
ban all forms of violence in all settings. These definitions must take into account the
guidance provided in the present general comment, must be sufficiently clear to be usable
and should be applicable in different societies and cultures. Efforts to standardize
definitions internationally (in order to facilitate data collection and cross-country exchange
of experiences) should be encouraged.
19.
Forms of violence – overview. The following non-exhaustive lists outlining forms
of violence apply to all children in all settings and in transit between settings. Children can
experience violence at the hands of adults, and violence may also occur among children.
Furthermore, some children harm themselves. The Committee recognizes that forms of
violence often co-occur and that they can span the categories used here for convenience.
Both girls and boys are at risk of all forms of violence, but violence often has a gender
component. For example, girls may experience more sexual violence at home than boys
whereas boys may be more likely to encounter – and experience violence within – the
criminal justice system. (See also para. 72 (b) on the gender dimensions of violence).
20.
Neglect or negligent treatment. Neglect means the failure to meet children’s
physical and psychological needs, protect them from danger, or obtain medical, birth
registration or other services when those responsible for children’s care have the means,
knowledge and access to services to do so. It includes:
8