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Rights of the child / Statements / 2004 / April

Intervention on the rights of the child at the 60th Commission on Human Rights

W O R L D O R G A N I S A T I O N A G A I N S T T O R T U R E
P.O. Box 21 - 1211 Geneva 8SwitzerlandTel.: 0041/22 809 49 39 / Fax: 0041/22 809 49 29 E-mail: omct@omct.org / Web: www.omct.org



STATEMENT
TO THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS
BY THE WORLD ORGANISATION AGAINST TORTURE (OMCT)
60th session March- April 2004


Rights of the Child
For consideration under Item 13 of the Provisional Agenda


Mr. Chairperson,

In the light of urgent appeals issued all year long on the basis of reliable information provided by members of the SOS Torture network, OMCT is very concerned about the failure both of the judiciary and of responsible administrative authorities to react promptly to allegations of ill-treatment or torture of children in police facilities, detention centres and other public institutions in most parts of the world.

OMCT deems that in cases of child abuse by state agents, adequate measures must be taken urgently, not only in order to fight impunity, but also and especially in order to prevent further abuses from being committed by the same stage agents, either against the same children or against other children under their care or custody.

In its resolution on the rights of the child, the Commission should urge governments to immediately suspend any state agent alleged to have committed acts of ill-treatment against children, for the duration of the investigation.

If found guilty, state agents should be expelled from any official position where they might be in contact with children. Unfortunately, the practice in many countries is to ignore allegations, or simply give a warning to state agents who have been found guilty of serious abuses, or even to transfer perpetrators to another post, where they continue to work with children in a new environment where their past acts are not known. Such practices are both irresponsible and criminal.

Hence, in addition to applying penal and/or administrative sanctions as provided by law in cases of ill-treatment of children, governments should also ensure that perpetrators of ill-treatment or torture against children do not continue to work with children, in an official or in any other capacity.

OMCT also recommends that in cases where state agents are found guilty of such serious human right abuses, the staff composition of the concerned institution be thoroughly reviewed, and an adequate child protection policy be adopted, implemented and monitored.

As for child victims of such abuses, they must receive formal recognition and reparation from the State, as well as full support for their psycho-social and medical rehabilitation. While some NGOs provide such support, we believe that governments should provide more adequate resources for this work.

Finally, Mr. Chairperson,

Considering the importance of the UN Study on Violence Against Children, in terms of the widespread, severe and under-reported forms of violence that it will investigate, OMCT believes that the final in–depth study must be presented, not only to the Commission on Human Rights, but also to the General Assembly, in order for it to have the desired impact.

Thank you Mr. Chairperson.

Geneva, April 2004

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Date: April 8, 2004
Activity: Rights of the Child
Type: Statements

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