scholarly journals Article 19: The Right to Protection from All Forms of Violence

Author(s):  
Christian Whalen

AbstractArticle 19 defines violence broadly to include all forms of harm, encompassing physical, mental and sexual violence as well as non-intentional forms of harm, such as neglect. As such, Article 19 articulates full respect for the human dignity and physical and personal integrity of children as rights-bearing individuals. This requires a paradigm shift of caregiving and protection away from the perception of children primarily as victims. Article 19 sets out a comprehensive prohibition on all forms of violence towards children and enjoins State Parties to take all form all measures available to enforce this right. This article summarizes the four main attributes of Article 19 as follows: (1) All violence towards children is prohibited, frequency or severity of harm need not be demonstrated and violence is defined broadly to encompass all forms of violence towards children, personal, social and institutional, including physical and emotional harm as well as neglect, maltreatment, sexual abuse, and abandonment; (2) the right protects children from harm from their parents and legal guardians as well as when they are in the care of proxy caregivers, including school officials, hospital staff, daycares, sports programs, as well as custodial settings and alternative care arrangements; (3) States are required to give effect to this right through all appropriate measures: legislative, administrative, social and educational; and finally the call for comprehensive measures to eradicate violence against children is reinforced by the final attribute (4) this attribute insists that the range of interventions required to give effect to Article 19 rights includes measures to ensure effective identification, reporting, investigation, and treatment of all forms of harm to children.

2020 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Henny Yuningsih ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Masruchin Ruba’I

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.


Author(s):  
Ruchi Trivedi

It takes seconds of impulsiveness for an act of sexual abuse to cross the thin line to convert into an act of sexual violence and vice-versa. There are cases where the act of sexual violence is initiated with consent, and there are acts of sexual violence that fall under the umbrella term sexual assault. This chapter examines the role of violence in sexual abuse, i.e. sexual violence. The first section reviews the definitions of sexual violence and throwing some light on forms of violence in sexual abuse and violation of consent during an act of sexual violence. The second section reviews the risk factors and causal for sexual violence. The third section presents an overview of different perspectives on violence in context to sexual abuse are mentioned and examined.


2020 ◽  
Vol 8 (2) ◽  
pp. 238
Author(s):  
Ghaisani Ikramina Aiffah ◽  
Wandera Ahmad Religia

Background: Child Sexual Abuse (CSA) was a global problem widespread in many countries. Komisi Perlindungan Anak Indonesia or Indonesian Children Protection Commission (KPAI) recorded as many as 1.880 children become victims of sexual abuse such as rape, fornication, sodomy and paedophilia. The Government of Indonesia become made become efforts both national and international scale, but there is no effective and applicable program that has been implemented. Objective: The purpose of this article was to analyse the programs had been implemented to prevent sexual violence against children. Method: This article was a literature study by examining 38 articles related to the program against child abuse. The researcher was looking for reference sources from the Science Direct, Sage pub and Google Scholar online become. The keywords used were Child Sex Abuse Prevention Program, Parenting Program, Parent Training, Parent Intervention, Maltreatment, Violence, and Violence Prevention. Result: In children, programs that had been implemented include C-SAPE; IGEL; Train the trainer; BST; A program for minorities in Australia; Cool and Safe. For parents, the programs that had been applied include ACT-RSK; Triple-P; RETHINK; The Incredible Years Parents, Teachers, and Children Training Series; PACE; The Making Choices and Strong Families; The African Migrant Parenting; Strengthening Families; 123 Magic; PDEP and FAST. Conclusion: The sexual violence prevention program for children that can be implemented by the Indonesian government was using teaching methods based on school curricula that can be delivered by teachers. For parent, the program that could be implemented by the Indonesian government was using positive parenting methods that focus on preventing sexual violence against children and delivered by expert facilitators.  To reach children and families with different cultural backgrounds, the Indonesian government could adapt sexual violence prevention programs for the Australian minorities and The African Migrant Parenting.


2021 ◽  
Vol 49 (1) ◽  
pp. 47-56
Author(s):  
Ira Nurmala ◽  
Jayanti Dian Eka Sari ◽  
Desak Made Sintha Kurnia Dewi ◽  
Yuli Puspita Devi

Banyuwangi Children Center (BCC) is one of city mayor’s effort to prevent children’s sexual abuse. However, the community felt the role of BCC in preventing children’s sexual abuse was not optimal since 2016. Stakeholder’s engagement may play an important aspect to support BCC in preventing children’s sexual abuse. The objective of this study was to analyze the role of stakeholders in supporting BCC in the prevention of children sexual abuse. This study used a qualitative design with in-depth interview to all related to the prevention of children sexual abuse (Police department, women and children protection bureau, women empowerment and family planning bureau, and BCC. The results showed the role of the BCC was supported by the existence of policies on child-friendly areas from the local government, positive responses from active community involvement in reporting incidents of sexual violence against children, and good coordination by cross-sector in the socialization and handling of cases of sexual violence against children in Banyuwangi. Therefore, it can be concluded that stakeholders provide positive support in the role of the BCC but still need attention from local governments to provide facilities for cross-sectoral so that all cases of sexual violence against children in Banyuwangi can be handled properly. Keywords: stakeholder, Banyuwangi Children Center, child protection, sexual assault Abstrak Banyuwangi Children Center (BCC) merupakan salah satu upaya walikota Banyuwangi untuk meminimalisir kekerasan seksual pada anak. BCC terbentuk sejak 2016 namun perannya masih kurang dirasakan oleh masyarakat di Banyuwangi. Stakeholder merupakan pihak yang berperan penting untuk mendukung peran BCC di Banyuwangi. Tujuan penelitian adalah menganalisis peran stakeholder untuk mendukung peran BCC dalam upaya menurunkan kekerasan seksual pada anak di Banyuwangi. Penelitian ini adalah penelitian kualitatif dengan desain cross-sectional. Data penelitian ini diperoleh dengan wawancara mendalam pada tujuh informan yang memiliki kapasitas dalam memberikan informasi tentang perannya dalam mendukung BCC yaitu Kepolisian Resort Banyuwangi, Pusat Pelayanan Terpadu Perlindungan Perempuan dan Anak (P2TP2A) Kabupaten Banyuwangi, Badan Pemberdayaan Perempuan dan Keluarga Berencana (BPPKB) dan Banyuwangi Children Center. Hasil penelitian menunjukkan peran BCC mendapat dukungan dengan adanya kebijakan tentang kawasan ramah anak dari pemerintah daerah, respon positif keterlibatan aktif masyarakat dalam melaporkan kejadian kekerasan seksual pada anak, dan koordinasi yang baik oleh lintas sektor dalam sosialisasi dan penanganan kasus kekerasan seksual pada anak di Banyuwangi. Oleh karena itu, dapat disimpulkan bahwa stakeholder memberikan dukungan yang positif dalam peran BCC namun masih perlu perhatian dari pemerintah daerah untuk menyediakan fasilitas bagi lintas sektor dan meningkatkan sosialisasi bagi masyarakat Banyuwangi agar seluruh kasus kekerasan seksual pada anak di Banyuwangi dapat tertangani dengan baik. Kata kunci: stakeholder, Banyuwangi Children Center, perlindungan anak, kekerasan seksual, good health and wellbeing


LITIGASI ◽  
2020 ◽  
pp. 267-290
Author(s):  
AMRINA HABIBI ACHMAD

National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the implementation of the absolute authority of the judiciary in theresolution of cases of sexual violence against children in Aceh, and explains the application of sanctions for perpetrators of sexual violence against children. This article is the result of a research that uses the juridical empiric method. Implementation of absolute authority in judicial institutions related to the settlement of cases of sexual violence against children in the jurisdiction of Aceh, district courts whose authority is given by national law are more competent than the Sharia Court whose authority is given by local law. One of the reasons among many is because district court judges generally have special certificates for adjudicating cases involving children, while the judge of the Sharia Court did not.


2021 ◽  
Vol 49 (1) ◽  
pp. 47-56
Author(s):  
Ira Nurmala ◽  
Jayanti Dian Eka Sari ◽  
Desak Made Sintha Kurnia Dewi ◽  
Yuli Puspita Devi

Banyuwangi Children Center (BCC) is one of city mayor’s effort to prevent children’s sexual abuse. However, the community felt the role of BCC in preventing children’s sexual abuse was not optimal since 2016. Stakeholder’s engagement may play an important aspect to support BCC in preventing children’s sexual abuse. The objective of this study was to analyze the role of stakeholders in supporting BCC in the prevention of children sexual abuse. This study used a qualitative design with in-depth interview to all related to the prevention of children sexual abuse (Police department, women and children protection bureau, women empowerment and family planning bureau, and BCC. The results showed the role of the BCC was supported by the existence of policies on child-friendly areas from the local government, positive responses from active community involvement in reporting incidents of sexual violence against children, and good coordination by cross-sector in the socialization and handling of cases of sexual violence against children in Banyuwangi. Therefore, it can be concluded that stakeholders provide positive support in the role of the BCC but still need attention from local governments to provide facilities for cross-sectoral so that all cases of sexual violence against children in Banyuwangi can be handled properly. Keywords: stakeholder, Banyuwangi Children Center, child protection, sexual assault Abstrak Banyuwangi Children Center (BCC) merupakan salah satu upaya walikota Banyuwangi untuk meminimalisir kekerasan seksual pada anak. BCC terbentuk sejak 2016 namun perannya masih kurang dirasakan oleh masyarakat di Banyuwangi. Stakeholder merupakan pihak yang berperan penting untuk mendukung peran BCC di Banyuwangi. Tujuan penelitian adalah menganalisis peran stakeholder untuk mendukung peran BCC dalam upaya menurunkan kekerasan seksual pada anak di Banyuwangi. Penelitian ini adalah penelitian kualitatif dengan desain cross-sectional. Data penelitian ini diperoleh dengan wawancara mendalam pada tujuh informan yang memiliki kapasitas dalam memberikan informasi tentang perannya dalam mendukung BCC yaitu Kepolisian Resort Banyuwangi, Pusat Pelayanan Terpadu Perlindungan Perempuan dan Anak (P2TP2A) Kabupaten Banyuwangi, Badan Pemberdayaan Perempuan dan Keluarga Berencana (BPPKB) dan Banyuwangi Children Center. Hasil penelitian menunjukkan peran BCC mendapat dukungan dengan adanya kebijakan tentang kawasan ramah anak dari pemerintah daerah, respon positif keterlibatan aktif masyarakat dalam melaporkan kejadian kekerasan seksual pada anak, dan koordinasi yang baik oleh lintas sektor dalam sosialisasi dan penanganan kasus kekerasan seksual pada anak di Banyuwangi. Oleh karena itu, dapat disimpulkan bahwa stakeholder memberikan dukungan yang positif dalam peran BCC namun masih perlu perhatian dari pemerintah daerah untuk menyediakan fasilitas bagi lintas sektor dan meningkatkan sosialisasi bagi masyarakat Banyuwangi agar seluruh kasus kekerasan seksual pada anak di Banyuwangi dapat tertangani dengan baik. Kata kunci: stakeholder, Banyuwangi Children Center, perlindungan anak, kekerasan seksual, good health and wellbeing


2012 ◽  
Vol 20 (2) ◽  
pp. 266-273 ◽  
Author(s):  
Maíra Rosa Apostólico ◽  
Caroline Rife Nóbrega ◽  
Rebeca Nunes Guedes ◽  
Rosa Maria Godoy Serpa da Fonseca ◽  
Emiko Yoshikawa Egry

The purpose of this exploratory, descriptive and retrospective study with a quantitative approach was to characterize violence against children in Curitiba. Reports of 2004 through 2008 about compulsory denouncements of violence cases were analyzed. The results showed an increase in violence, with home violence as the most frequent type and five to nine-year-olds as the most affected group, and negligence and physical violence as the most denounced forms of violence. Almost 81% of the sexual violence is performed against girls and the father is the main aggressor, showing inequality in gender relations and between generations. The importance of notification as a visibility instrument is highlighted. Other confrontation measures are necessary though, such as the promotion of equitable relationships of gender and generation, and cross-sectional policies that involve the social segments in a praxis that transforms reality.


2020 ◽  
Vol 1 (1) ◽  
pp. 157-194
Author(s):  
نوزاد الشواني

The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations


Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.


LITIGASI ◽  
2021 ◽  
Author(s):  
Hario Danang Pambudhi ◽  
Hanifah Alya Chaerunnisaa

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.


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