Human Rights Studies on Fulfillment of Restitution Rights for Children as Victims of Human Trafficking

<em>This paper aims to analyze the fulfillment the restitution rights for the children as victims after the enactment of government regulation Number 43 of 2017 in Medan based on human rights studies. This research is normative legal research with statute approach which is carried out by examining law and regulations related to the legal issue being raised that is regarding the provision of restitution for child victim of human trafficking in Medan and empirical legal research which gaining data by means direct observation in Medan District Court. Based on the studies, it can be related that restitution must be given to the victims of human trafficking because it is a part of fulfillment of human rights to compensate the victim for losses suffered as the result of a crime.</em>

ANALISIS PERAN PEKERJA SOSIAL DALAM PENANGANAN ANAK KORBAN KEKERASAN SEKSUAL DI KOTA BENGKULU

ABSTRACT Sexual violence experienced by children can have an impact on the physical, psychological and social conditions of children that affect the growth and development of children in the future. On that basis, handling child victims of sexual violence requires the role of various parties, including social workers. Child social workers aim to provide assistance, rehabilitation, and protection of children's rights. The purpose of this study seeks to describe the roles and obstacles in dealing with child victims of sexual violence in Bengkulu City. This study uses a descriptive qualitative approach, with 5 informants using interview, observation and documentation studies. The results showed that the role of social workers in dealing with child victims of sexual violence could be in the form of facilitator, broker, initiator, protector, and advocate. There are five inhibiting factors in carrying out the role: (a) Barriers in funding (b) lack of facilities and infrastructure related to protection, (c) social welfare service centers that are not yet available (d) lack of professional human resources in dealing with children's problems, (e) Limited networks make it difficult for social workers to refer victims of child sexual abuse to clinical psychologists. Keywords: Role, Social Worker, Child Victim of Sexual Violence

PROTECTING THE CHILD VICTIM IN SEXUAL OFFENCES: IS THERE A NEED FOR SEPARATE LEGAL REPRESENTATION?

The number of children being sexually violated on a daily basis continues to escalate against a backdrop of a dearth in the conviction rate of their attackers. This is notwithstanding global efforts being made to protect children from the harrowing experience of being sexually violated. Creative measures such as the introduction of innovative child legislation have been largely neutralized by the inability of the criminal justice system to complement the child’s healing process. The gulf between policy and practice has given rise to a lack of protection in respect of the rights of children. In this paper, we seek to highlight the gaps in the South African criminaljustice system when it comes to safeguarding the interests of the minor complainant during the criminal process. We analyse key legislative instruments which purport to protect the minor victim. The analysis is aimed at determining whether or not the specified key provisions are in conflict with the Constitution. The introduction of separate legal representatives for child complainants is evaluated as an option in improving the plight of young child victims. The paper then concludes on an optimistic note by boldly opining that in line with legal developments in other international jurisdictions, the South African criminal justice system can accommodate the legal novelty of introducing separate legal representation for child victims.

MODERN APPROACHES TO THE QUESTION OF CHILD VIOLENCE IN UKRAINE

The article provides a comprehensive analysis of domestic and foreign researches of the problem of violence and abuse of children; the concept of “violence” is substantiated; the semantic content of the leading concepts of the problem is revealed. The signs and types of violence against a child are highlighted and systematized. The causes of violence against a child are analyzed, as the commitments of violence, especially against children, become widespread nowadays.To solve the defined tasks, a set of research methods are used in the article, they include: analysis of philosophical, sociological, psychological and pedagogical literature, synthesis, comparison, systematization, generalization to substantiate the starting points of the study, identify the nature and risk factors for violence against children.It has been investigated and determined that the problem of violence does not arise by itself, it also brings other problems. There are many reasons for violence, it can be: social, economic factors; factors that determine the structure of the family and the model of communication in it; factors related to the identity of the parents, the child, etc.Violence is divided into the following main types: physical, psychological, sexual, and economic or neglect of the basic needs of the child. Each of these types has its own typical features in the set of which a psychologist or educator can identify children who have become victims of violence.The risk factors for violence against a child are described: socio-economic risk factors, risk factors related to the model of communication and family structure, risk factors due to the personality of the parents.It has been emphasized that a child who has become victim of violence suffers serious injuries and may become in the future a potential aggressor both for the society and his own immediate environment. According to the results of the study, we can conclude that it is important to implement a mandatory program of work with a child victim of violence, so that he could overcome this problem, get rid of fear, anxiety, emotional shock, and return to life as a psychologically healthy personality.Key words: violence, child, abuse, types of violence, risk factors. У статті здійснено комплексний аналіз вітчизняних і зарубіжних напрацювань з проблеми насильства та жорстокого поводження щодо дитини; обґрунтовано поняття «насильство»; розкрито змістове наповнення провідних понять проблеми. Висвітлено та систематизовано ознаки, види насильницьких дій щодо дитини. Проаналізовано причини виникнення насильства щодо дитини, оскільки скоєння насильства, особливо до дітей, набуває зараз надзвичайно великого масштабу.Для розв’язання визначених задач у статті використано комплекс методів дослідження, який вклю-чав аналіз філософської, соціологічної, психологічної та педагогічної літератури, синтез, порівняння, систематизацію, узагальнення задля обґрунтування вихідних положень дослідження, виявлення сутності та факторів ризику виникнення насильства щодо дитини.Досліджено та визначено, що проблема насильства не виникає сама по собі, їй передують інші. Причин виникнення насильства дуже багато, це можуть бути соціальні, економічні фактори; фактори, що обумовлені структурою сім’ї та моделлю спілкування у ній; фактори, що пов’язані з особистістю батьків, самої дитини тощо.Поділяється насильство на такі основні види, як фізичне, психологічне, сексуальне, економічне або нехтування основними потребами дитини. Кожен із цих видів має свої типові ознаки, в сукупності яких психологу чи педагогу можна визначити дітей, що стали жертвами насильства.Охарактеризовано фактори ризику виникнення насильства щодо дитини, такі як соціально-економічні фактори ризику, фактори ризику, що пов’язані з моделлю спілкування та структурою сім’ї, фактори ризику, що обумовлені особистістю батьків.Акцентовано увагу на тому, що дитина, яка стала жертвою насильства, зазнає надзвичайно важких травм, а в майбутньому сама може стати потенційним агресором для суспільства та свого близького оточення. За результатами дослідження можемо дійти висновку, що важливим є впровадження обов’язкової програми роботи з дитиною, що стала жертвою насильства, щоб вона змогла подолати цю проблему, позбутися страху, переживань, емоційних потрясінь та повернутись до життя як психологічно здорова особистість.Ключові слова: насильство, дитина, жорстоке поводження, види насильства, фактори ризику.

The acquisition of autonomy, through benevolence, of children who are victims of domestic violence

From its etymology bene (good) and volens (will), benevolence means desire to do well. Benevolence is not an arbitrary notion or a theoretical apprehension. It unquestionably reveals man's humanism, which must combine in its daily practice and management with his fellow human beings and even with himself. In education, benevolence is crucial in mother-child relations. We believe that a mother must be benevolent, at the same time as; a child who has received the love of his mother (or parents) can love himself. This is a prerequisite for the acquisition of independent thought. The true cement of any family unit is the mutual love of all those who are called to live together. Paradoxically, love is not the foundation of all families. Unfortunately, there are dysfunctional families in which there are various and varied forms of violence. Children from this type of environment find themselves victims of abuse with all the possible traumatic consequences. Based on this observation, it is easy to reason by deduction: if family love conditions the acquisition of autonomy and children who are victims of family violence do not benefit from it within their families, then children who are victims of family violence are at a disadvantage in acquiring autonomy, or even that they cannot be autonomous. Thus, one may wonder to bring a child victim of family violence to the acquisition of his autonomy? What tools can be used to help a traumatized child become autonomous? How to rebuild a child who has suffered family trauma with a view to his or her autonomy? This article offers the reader benevolence, not as an instruction manual or prescription to be applied, but as a transferable and impactable posture.

PENERAPAN DIVERSI TERHADAP ANAK SEBAGAI PELAKU TINDAKPIDANA PENCURIAN DENGAN KEKERASAN SECARA BERSAMA-SAMA (Studi Kasus Putusan Pengadilan Tinggi Medan Nomor : 6/PID.SUS-ANAK/2017/PT.MDN)

This study provides examples of cases of children who are in conflict with the law for committing the crime of theft with violence which is carried out together whose case has been decided by the Medan High Court with its decision Number: 6/PID.SUS-ANAK/2017/PT.MDN. The formulation of the problem in the research is how to regulate the diversion of children as perpetrators of the crime of theft with violence? and how is the application of diversion in making decisions against children as perpetrators of violent theft in the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN?. The research method used by the author is a normative juridical method, which is a research that puts the law as a norm. The system of norms in question is about principles, rules of laws and regulations, court decisions, agreements and doctrines (teachings). Finally, based on the results of the study, the authors conclude that the application of diversion in making decisions against children as perpetrators of violent theft refers to Law Number 11 of 2012 concerning the Child Criminal Justice System and Law Number 35 of 2014 concerning Child Protection, especially those that regulate regarding the application of diversion to those who are in conflict with the law. In the Medan High Court Decision Number: 6/PID.SUS-ANAK/2017/PT.MDN, it turns out that the judge in his decision was guided by the law above so that the judge decided, even though the child (the defendant) was sentenced to prison for 10 (ten) months, does not need to be carried out by the Child, unless the Child has made peace in writing with the Child Victim or with the family of the Child Victim.

Gender Differences in Witnessing and the Prevalence of Intimate Partner Violence from the Perspective of Children in Finland

Background—Intimate partner violence (IPV) has both direct and longer-term effects on children’s well-being. Much of the research thus far has relied on caregiver reports of IPV and clinical samples of children. By contrast, minimal research has examined violence between parents from the perspective of children using nationwide samples. Objective—This study explored the frequency of IPV witnessed by children and gender variations regarding the victims, perpetrators, and witnesses. Methods—The data were derived from a sample of 11,364 children from the Finnish Child Victim Survey 2013. The children were between 11 and 17 years old and were enrolled in the Finnish school system. The main methods of analysis included crosstabulation and the chi-square test. Results—The results indicate that children witnessed more IPV against their mother (4.9%) than their father (3.5%). Girls reported having witnessed more violence against both their mother (7.0%) and father (5.1%) than boys did (mothers 2.7%, fathers 1.8%). Girls’ reports of IPV against both parents were twice or more than twice as common as boys’ reports. Conclusions—The above differences might result from gendered expectations and boys’ and girls’ different relationships to violence, as well as differences in the recognition and interpretation of violent incidents. Therefore, practitioners should adopt a gender-sensitive approach as a precondition and practice for working with children in social and health care.

Knowledge and Myths About Child Sexual Abuse in Mexican Women

Child sexual abuse (CSA) is a terrible type of maltreatment that occurs in all countries and social statuses, but due to the shame and taboo that it creates, it is still riddled with myths and false beliefs that make it difficult for the population and the authorities to adequately determine its prevalence. The objective of this work was to explore what Mexican women know about CSA. The participants were Mexican women ( N = 499) who filled out a questionnaire comprising ten items referring to truths and myths about CSA, indicating their degree of agreement with them on a Likert scale. The results showed that although Mexican women have quite adequate knowledge about CSA, they still hold wrong beliefs about the child’s feelings toward the abuser or the child victim becoming an adult abuser. Likewise, differences were found in the myths and truths about CSA held by women under 40 and over 40 years of age.

The Relationship between Suggestibility, Fabrication, Distortion, and Trauma in Suspected Sexually Abused Children

Being a victim of abuse in childhood can lead to the development of trauma-related psychopathology, which could affect the testimony of the child victim. Post-traumatic stress disorder (PTSD) is a factor that can increase both the levels of suggestibility and the production of memory errors, such as confabulations, which can be identified in distortions and fabrications. No studies have analyzed the relationship between suggestibility, fabrications, distortions, and PTSD on samples of children and adolescents suspected of being sexually abused. This study aims to verify in a sample of 221 sexually abused children and adolescents the effect of PTSD, measured by Trauma Symptoms Checklist for Children, in increasing the levels of immediate and delayed suggestibility and the production of fabrications and distortions in immediate and delayed memory tasks, obtained by Gudjonsson Suggestibility Scale 2, controlling age and non-verbal intelligence. Our results show that PTSD increases the levels of immediate and delayed suggestibility, but it has no effect on memory recall in immediate recall tasks. Moreover, PTSD leads to a greater number of distorted and fabricated information inserted in delayed memory. Forensic implications of PTSD consequences on memory tasks and suggestibility levels of sexually abused children are discussed.