National Competence Center Warsaw 3 rd -4 th March 2011 Conference: I love. I do not hit. The whole Europe against child abuse Building up a network to.

National Competence CenterWarsaw 3rd-4th March 2011

Conference:

I love. I do not hit. The whole Europe against child abuse

Building up a network to fight against domestic violence - the Ombudsman for children as a catalyst

Maja Gabelica ŠupljikaDeputy Ombudsman for Children

Croatia

Purpose

to present the role of the Ombudsman for children in strengthening the protection of children against domestic violence in practice;

to present some our achievements

Aspects of domestic violence

corporal punishment physical abuse psychological violence sexual violence negligence work exploitation

The role of the Ombudsman

Protecting, monitoring and promoting Warning, recommendating and proposing Requesting reports Giving impetus for adoption or revision of laws Cooperating with children Educating about children's rights

Coordinating and initiating participation and cooperation between diferent target groups

Realization of the role depends on:

1. Legal framework2. Data 3. Obstacles/ shortcomings/problems

Legal framework

Convention of the Rights of the Child Family law Penal law

The Law on protection against domestic violence Protocol about the measures in the case

of domestic violence Strategies Activity plans

Data

Ombudsman - ~12% of the complaints is on domestic violence

UNICEF – increase by 35% children suffering from domestic violence (2005-2009)

UNICEF – 81% children think that is not true that children are never battered and corporal punished

Ministry of interior affaires – in 2010 domestic violence against children constituted 25%

Obstacles/shortcomings/problems

Lack of awareness

Conflict of interest in various professions

Reality

Lack of awareness

court practice ₋ measures of protection have been short term (prolonged after

intervention of Ombudsman)₋ court measures and sanctions have not been as high as

possible

social responsibility and lack of reporting (indifference of people)

lack of networking and coordination₋ various research/measures=various data₋ lack of efficient preventive programmes₋ different attitude of state prosecutors

Obstacles/shortcomings/problems

corporal punishment ≠ domestic violence corporal punishment is still justified and tolerated

Conflict of interest

Problems of ethics and confidence

Obstacles/shortcomings/problems

law obligation ≠ professional ethics

Reality Lack of accommodation for victims

Accomodation provided – but short term

Lack of treatment of the victim and of the violator

Lack of a network supporting victims and witnesses

Lack of child friendly environment for children who are victims and witnesses

Obstacles/shortcomings/problems

ACHIEVEMENTS 

The changes of interpretation of lawConference and book: Disputed divorcesProgram of parental responsibility for

imprisoned parentsRecognition of World Day of prevention of

violence against children on state level

The changes of interpretation of law

• Parents have both the obligation and right to raise their children, so their right to discipline their small children physically must also be acknowledged, if they do not do so in a manner which humiliates the children, or causes them physical injury … The right to inflict (limited) corporal punishment may be granted by parents to another person, e.g. a grandparent, person employed to care for the children, or nursery school teacher…“

• While until recently it was acknowledged that parents and those to whom they had transferred their authority had the right to discipline children physically… in more recent times, the understanding has prevailed that parents do not have the right, under any circumstances, to discipline their children physically…According to the definition of corporal punishment it arises that any hand raised against a child is an example of physical violence, even a light tap on the bottom, which does not represent a physical injury… We do not take issue with this point of view, but it still does not mean that every hand raised against a child represents a criminal offence…“

Novoselec, General Criminal Law

2007 2009

Conference and book: Disputed divorces

manipulation of children in divorce proceedings

not allowing contact with another parent as psychological abuse

physical violation

Program of parental responsibility for imprisoned parents

Conference and book“The rights of children whose parents

are imprisond”

Raised awareness

Ministry of Justice + Ministry of Family

Prisons + Family Centers

World Day for the Prevention of violence against children19th November

Recognised at the state level

Children's participation

(“The Scars stay”)