Children's Rights along the Journey from Victim to Survivor: A Review of Literature on Children's Rights in India for Child Victims of Sexual Offences

The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child’s testimony is often pivotal to whether cases are prosecuted, and whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced since 1994. We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances. Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on children’s rights.

Download Full-text

A review of literature on children's rights and legal pluralism

The Journal of Legal Pluralism and Unofficial Law ◽

10.1080/07329113.2015.1072447 ◽

2015 ◽

Vol 47 (2) ◽

pp. 226-245 ◽

Cited By ~ 3

Author(s):

Giselle Corradi ◽

Ellen Desmet

Keyword(s):

Legal Pluralism ◽

Children's Rights ◽

Children’S Rights ◽

Review Of Literature

Download Full-text

Antitesis Pemenuhan Hak Anak Korban Kekerasan Seksual dalam Sanksi Adat: Studi Di Desa Tenganan, Karangasem

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2021.v10.i01.p09 ◽

2021 ◽

Vol 10 (1) ◽

pp. 104

Author(s):

Ni Nyoman Juwita Arsawati ◽

Putu Eva Ditayani Antari

Keyword(s):

Sexual Violence ◽

Legal Protection ◽

Children's Rights ◽

Customary Law ◽

Children’S Rights ◽

Comparative Approach ◽

Child Victims ◽

Conceptual Approach ◽

Violence Against Children ◽

The People

The purpose of this paper is to examine the customary law sanctions that are threatened against perpetrators of sexual violence against children, for example in the people of Tenganan Village, Karangasem-Bali, which are Balinese customary law communities who still adhere to their traditions in the era of modernization and globalization that is developing in Bali. Whether the customary sanctions for perpetrators of sexual violence against children in Tenganan Village, Karangasem-Bali are in accordance with the principle of fulfilling children's rights. This research is a type of normative legal research or what is often called doctrinal research. The approach used in this research is the Legislative Approach, the Conceptual Approach and the Comparative Approach. The result of this paper is that customary sanctions against sexual violence against children that occur in Tenganan Village do not position children as victims of sexual violence. On the other hand, children are placed in a position to participate as perpetrators. The customary sanctions do not provide legal protection and fulfillment of children's rights for child victims of sexual violence. Penelitian ini bertujuan untuk mengkaji sanksi hukum adat yang diancamkan kepada pelaku kekerasan seksual terhadap anak, contohnya pada masyarakat Desa Tenganan, Karangasem-Bali yang merupakan masyarakat hukum adat Bali yang masih memegang teguh tradisinya di era modernisasi dan globalisasi yang berkembang di Bali. Apakah sanksi adat bagi pelaku kekerasan seksual terhadap anak di Desa Tenganan, Karangasem-Bali telah sesuai dengan prinsip pemenuhan hak anak.Penelitian ini merupakan jenis penelitian hukum normative yang menggunakan tiga jenis pendekatanantara lain pendekatan Perundang-undangan, Pedekatan Konseptual dan Pendekatan Perbandingan. Berdasarkan hasil penelitian diketahui bahwa sanksi adat terhadap kekerasan seksual terhadap anak yang terjadi di Desa Tenganan tidak memposisikan anak sebagai korban kekerasan seksual. Sebaliknya anak ditempatkan pada posisi turut serta sebagai pelaku. Dalam sanksi adat tersebut tidak memberikan perlindungan hukum dan pemenuhan hak anak bagi anak korban kekerasan seksual.

Download Full-text

Children's Rights, Confidentiality and the Policing of Children

The International Journal of Children s Rights ◽

10.1163/157181808x304554 ◽

2008 ◽

Vol 16 (4) ◽

pp. 431-456 ◽

Cited By ~ 10

Author(s):

Jeremy Roche

Keyword(s):

Critical Evaluation ◽

Children's Rights ◽

Children’S Rights ◽

Sexually Active ◽

Children And Families ◽

Sexual Offences ◽

History Of ◽

Sexual Offences Act 2003 ◽

The Right ◽

Regulatory Practice

AbstractThis article considers particular provisions of the Sexual Offences Act 2003 and the Children Act 2004 in order to advance the argument that despite having ratified the UNCRC, and thereby endorsing the idea of consulting with children and promoting their participation, current policy in England and Wales is still locked within a discourse which sees children either as victims or threats. These discourses of risk operate to undermine and deny children's citizenship claims and to justify an intensification of the policing of children's lives – and thus their families, friends and communities. The article provides a short history of children's rights to set the scene for a critical evaluation of this legislation and then considers key provisions of the Sexual Offences Act 2003 and associated protocols on sexually active young people and how this links with the reconfiguration of child welfare practice heralded by the Children Act 2004. By way of conclusion it poses some critical questions with regard to these shifts in law and regulatory practice and highlights the increasing tension between professionals' commitment to children's rights, including the ‘right’ to confidentiality, and the trajectory of government policies impacting on children and families.

Download Full-text

“The Other Child” – The Rights of the Child Victim in the Youth Justice System

The International Journal of Children s Rights ◽

10.1163/15718182-02602002 ◽

2018 ◽

Vol 26 (2) ◽

pp. 228-250 ◽

Cited By ~ 1

Author(s):

Nessa Lynch

Keyword(s):

Human Rights ◽

Justice System ◽

Children's Rights ◽

The Other ◽

Children’S Rights ◽

Best Interests ◽

Child Victims ◽

Youth Justice ◽

Child Victim ◽

Rights Of The Child

Children’s rights scholarship and guidance from human rights bodies has largely ignored the child victim, particularly where the perpetrator of the offence is also a child. This article reviews how provisions of international children’s rights standards deal with such situations, and highlights the lack of evidence on the extent of such victimisation and the experiences of child victims. Using two particular provisions (best interests and participation), it is argued that child victims appear primarily regarded as objects of concern rather than true rights holders. Increased recognition of “the other child” in practice and policy is urged.

Download Full-text