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Child Protection Basics

This document is the first manual of FHI 360's Child Protection Toolkit. It provides an introduction to key concepts in child protection, including understanding child protection, types of child maltreatment, factors that contribute to maltreatment, and children requiring special protection. The manual defines important terms, outlines a systems approach and roles in protecting children, and references international laws on child rights. It aims to equip readers with foundational knowledge on creating safe environments for children and addressing the various forms of abuse, neglect, exploitation and other risks children face.

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Monydit Santino
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0% found this document useful (0 votes)
81 views

Child Protection Basics

This document is the first manual of FHI 360's Child Protection Toolkit. It provides an introduction to key concepts in child protection, including understanding child protection, types of child maltreatment, factors that contribute to maltreatment, and children requiring special protection. The manual defines important terms, outlines a systems approach and roles in protecting children, and references international laws on child rights. It aims to equip readers with foundational knowledge on creating safe environments for children and addressing the various forms of abuse, neglect, exploitation and other risks children face.

Uploaded by

Monydit Santino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Child Protection Toolkit | Manual 1

Child Protection
Basics
Manual 1: Child Protection Basics, FHI 360 Child Protection Toolkit
© 2012 by FHI 360

Suggested citation:
Medrano T., Tabben-Toussaint A. Manual 1: Child Protection Basics, FHI 360 Child Protection Toolkit.
Research Triangle Park, NC: FHI 360; 2012.

Editor: Deborah McGill


Design: FHI 360 Design Lab

Acknowledgments
This manual is one of three that make up FHI 360’s Child Protection Toolkit. The toolkit was developed
by Tanya Medrano, the organization’s senior technical officer for vulnerable children, with the support of
consultant Anne Tabben-Toussaint.

Many staff members at FHI 360’s headquarters in Research Triangle Park, North Carolina, and in the
organization’s country offices generously contributed their time and expertise to this toolkit.

We thank Kimberly Green, deputy country director in the Ghana office, and Levina Kikoyo, associate
director OVC in the Tanzania office, for providing input in the conceptualization of the toolkit.

Our sincere appreciation also goes to the following members of FHI 360’s staff who dedicated their time
to review the final drafts and provide valuable feedback:
ƒƒ Elizabeth Doggett, associate technical officer, research utilization (FHI 360/North Carolina)
ƒƒ Gina Etheredge, technical advisor, strategic information (FHI 360)
ƒƒ David Damara, associate director of the Balasahyoga program (FHI 360/India)
ƒƒ Meron Abebe, child protection technical specialist (FHI 360/Ethiopia)

We extend a special thanks to Malla Mabona, associate technical director in the Malawi office, for her
substantial contributions to the toolkit. We would also like to thank Johannes van Dam, Program Sciences
Director, for supporting the development of this toolkit.
Child Protection Toolkit | Manual 1

Child Protection Basics

Table of Contents
Acronyms ii

Key Concepts and Terms ii

Introduction 1
Purpose of the manual 1
The importance of child protection 1
Structure of the manual 2
How to use this manual 2

Section 1: Understanding Child Protection 3


1.1 C  reating a protective environment for children 4
1.2 A systems approach to child protection 5
1.3 Roles and responsibilities in the protection of children 6
1.4 Child protection legal framework and principles 7
1.4.1 United Nations Convention on the Rights of the Child 7
1.4.2 O  ptional Protocols to the Convention on the Rights of the Child 8

Section 2: Understanding Child Maltreatment 9


2.1 Types of child maltreatment 9
2.1.1 Child abuse 9
2.1.2 Child neglect 10
2.1.3 Child exploitation 10
2.1.4 Child trafficking 12
2.1.5 Violence against children 12
 2.1.6 C
 hild recruitment by armed forces or groups 14
2.1.7 Female genital mutilation/cutting 14
2.2 F
 actors that contribute to child maltreatment 14
2.2.1 Poverty 14
2.2.2 Lack of parental or adult care 15
2.2.3 Social stigma and discrimination 15
2.2.4 Harmful gender norms; disability 15
2.2.5 Lack of birth registration 16
2.2.6 Child (also called early) marriage 16
 2.3 Understanding child maltreatment through the ecological model 16
2.4 Impact of maltreatment on children 18

Section 3: Children in Special Need of Protection 19


3.1 Children living outside of family care 19
3.2 Children living with elderly caregivers 20
3.3 Children living with HIV 20
3.4 Children with disabilities 21
3.5 Children in conflict with the law 21
3.6 Separated children in times of emergency 21

References 23

Appendixes 24

i
i Child Protection Toolkit
Acronyms

AIDS acquired immunodeficiency syndrome


CBO community-based organization
CO country office
CP child protection
CPS child protection system
CRC Convention on the Rights of the Child
FGM/C female genital mutilation/cutting
GBV gender-based violence
HIV human immunodeficiency virus
ILO International Labour Organization
IP implementing partner
NGO nongovernmental organization
PEPFAR President’s Emergency Fund for AIDS Relief
STIs sexually transmitted infections
UN United Nations
UNICEF United Nations Children’s Fund
WFCL worst forms of child labor

Key Concepts and Terms

Child: The United Nations Convention of the that interferes with the development and
Rights of the Child defines a child as a human education of children.
being younger than 18, unless majority under
the law applicable to the child is attained earlier. Child maltreatment: All forms of physical
and/or emotional ill-treatment, (sexual) abuse,
Child abuse: Child abuse is any deliberate neglect or negligent treatment or commercial
behavior or action that endangers a child’s or other exploitation, resulting in actual or
health, survival, well-being and development. potential harm to the child’s health, survival,
There are three types of child abuse: development or dignity in the context of a
physical, emotional and sexual. Neglect is also relationship of responsibility, trust or power.
considered a form of child abuse.
Child marriage: Also referred to as early
Child exploitation: Child exploitation is the marriage, this term refers to any marriage
use of children for someone else’s economic of a child younger than 18 years old, in
or sexual advantage, gratification or profit, accordance with Article 1 of the Convention
often resulting in unjust, cruel and harmful on the Rights of the Child.
treatment of the child.
Child neglect: Neglect is the persistent failure
Child labor: Child labor is unpaid and paid of a parent or adult caregiver to provide
activities that are mentally, physically, appropriate care to a child, despite being able
emotionally, socially or morally dangerous to do so. There are different types of neglect:
and harmful to children. It is the kind of work physical, medical, emotional and educational.

ii
ii Child Protection Toolkit
Child protection: This is a broad term Female genital mutilation (FGM): Female
used to describe efforts that aim to keep genital mutilation (also referred to as cutting)
children safe from harm. The United Nations refers to all procedures involving partial or
Children’s Fund (UNICEF) uses the term total removal of the external female genitalia
“child protection” to refer to preventing and or other injury to the female genital organs
responding to violence, exploitation and for nonmedical reasons.
abuse against children.
Foster care system: A foster care system
Child protection system: A child protection aims to provide a temporary home to children
system consists of laws and policies, whose parents or relatives cannot take care of
meaningful coordination across government them. However, the ultimate goal is to reunite
departments and between sectors at the child with his or her family.
different levels, multiple governmental and
nongovernmental actors working in synergy, Gender norms: Gender norms refer to the
knowledge of and data on child protection expectations constructed by society or
issues and good practices, minimum culture for how women or girls and men
child protection standards and oversight, or boys are supposed to behave, think and
preventive and responsive services, a skilled feel. Harmful gender norms increase the
child protection workforce, adequate vulnerability of girls and women to violence,
funding, children’s voices and participation poverty and disease.
and an aware and supportive public.
Hazardous labor: Hazardous labor is any
activity or occupation that has or leads to
A CPS incorporates subsystems for the
adverse effects on a child’s safety, health and
administration of foster care and juvenile
moral development.
justice. A CPS also intersects with global
systems in such domains as education, Juvenile justice system: A juvenile justice
justice and health. The synergies among system is a network of agencies that deal
the components of a CPS and between a with young people whose conduct has come
CPS and its subsystems and related global in conflict with the law. These agencies
systems are essential for child protection. include police, prosecutor, detention, court
and probation. The focus of the juvenile
Child trafficking: Child trafficking is the
justice system is to rehabilitate rather than to
recruitment, transportation, transfer,
imprison and punish.
harboring or receipt of children for the
purpose of exploitation. Optional protocol: An optional protocol is a
treaty that complements and adds to an existing
Child well-being: Child well-being can be
human rights treaty. Only states that have
understood as the quality of a child’s life. It
already agreed to be bound by a parent treaty
is a dynamic state that is enhanced when
may choose to be parties to optional protocols.
a person can fulfill his or her personal and
social goals. A wide variety of domains Sexual exploitation: Practice by which a
and measures are used to assess levels of person, usually an adult, achieves sexual
childhood well-being. The United Nations gratification, financial gain or advancement
Children’s Fund uses six dimensions: material through the abuse or exploitation of a
well-being, health and safety, education, child’s sexuality.
peer and family relationships, behaviors and
risks, and children’s own subjective sense of Social stigma: Social stigma refers to
well-being. prejudice and negative attitudes toward
people whose personal characteristics
Discrimination: Bias or prejudice resulting or beliefs are perceived to be different or
in denial of opportunity, or unfair treatment. against cultural norms. Social stigma often
Discrimination is practiced commonly on the leads to acts of discrimination.
grounds of age, disability, ethnicity, origin,
political belief, race, religion, and gender — Violence against children: Violence against
factors that are irrelevant to a person’s children is defined as all forms of physical or
competence or suitability. mental injury, abuse, neglect or exploitation.

iii
iii Child Protection Toolkit
INTRODUCTION

Purpose of the manual The Importance of child


FHI 360 developed Child Protection Basics to protection
educate its country program staff and the staff of Every child has the right to be safe from harm.
local implementing partners on the fundamental Nevertheless, every year the lives and physical,
aspects of child protection (CP). The manual is mental and emotional well-being of millions of
intended for everyone involved in programming children around the world are threatened by
for vulnerable children, from senior management maltreatment such as abuse, neglect, violence
staff to community volunteers. and exploitation. Studies from around the
world show that approximately 20 percent
Child Protection Basics is the first part of of women and 5 to 10 percent of men report
FHI 360’s Child Protection Toolkit. The toolkit having been sexually abused as children. Other
also contains: studies show that between a quarter and a
Every child has the right
yy Guidelines and Programming Options for half of all children report severe and frequent
to be safe from harm. Protecting Children in Community-based physical abuse.1 In addition, it is estimated that
Nevertheless, every year Care and Support Programs. This manual 215 million children are involved in child labor,
the lives and physical, provides guidelines on specific programming which is a form of child exploitation; 115 million
strategies and interventions that can be of them are involved in hazardous work.2
mental and emotional implemented at the child, family, community
well-being of millions and government level to protect children. These are only some of the staggering figures
of children around the yy Guidelines for Becoming a Safe that show the magnitude of child protection
Organization for Children. This document violations around the world. They are under-
world are threatened by
provides guidance on implementing CP recognized and under-reported and constitute
maltreatment such as policies and procedures at the institutional barriers to the fulfillment of children’s human
abuse, neglect, violence level to protect children from intentional or rights. They also undermine children’s healthy
unintentional harm. development and survival.3
and exploitation.
The toolkit will strengthen the capacity of FHI These violations occur in every country, culture
360 country programs and their local partners and social and economic group. However,
to effectively integrate and address child children whose parents or caregivers are
protection issues in community-based care and absent owing to illness, death or abandonment
support programs and other interventions on are more vulnerable to maltreatment, because
behalf of vulnerable children. they have lost their first line of protection.

1. Butchart A, Harvey, A. Preventing child maltreatment: a guide to taking action and generating evidence. Geneva: World Health
Organization; Aurora, Colorado: International Society for Prevention of Child Abuse and Neglect; 2006.
2. Accelerating action against child labour: global report under the follow-up to the ILO declaration on fundamental principles and rights
at work. Geneva: International Labour Organization; 2010.

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1 Child Protection Toolkit
Children in this category are those who have and community-based approaches facilitate
or are affected by HIV, which is a primary focus the implementation of CP interventions at
of the community-based care and support three key levels: the child, the family6 and the
programs of FHI 360 and its implementing community.7 As implementer of large-scale
partners (IPs) around the world. programs for vulnerable children, FHI 360 often
also has the opportunity to work at the national
Protecting children made vulnerable by this level, supporting governments in strengthening
epidemic is a priority for the international national child protection systems.
community. In June 2006, for example, the
General Assembly of the United Nations
(UN) issued a “Political Declaration on HIV/ Structure of the manual
AIDS.” This document affirmed government Child Protection Basics has three main
commitment to “addressing as a priority the sections:
vulnerabilities faced by children affected by 1. Understanding child protection: This
and living with HIV; providing support and section describes key CP concepts and
rehabilitation to these children and their terms, the reasons why children need to
In the context of care and families, women and the elderly, particularly be protected, the roles and responsibilities
support programs, vulnerable in their role as caregivers; promoting child- of key stakeholders in the protection
children are children and oriented HIV and AIDS policies and programs of children and the international legal
adolescents (ages 0 to 17) and increased protection for children framework and principles that protect
who are negatively affected orphaned and affected by HIV and AIDS;...and children.
by a combination of health
building, where needed, and supporting the 2. Understanding child maltreatment:
and socioeconomic factors
created or exacerbated by
social security systems that protect them.”4 This section describes the different
HIV and AIDS. Examples are types of child maltreatment, factors that
extreme poverty, lack of adult In addition, many international and contribute to make children vulnerable
care and protection, lack of nongovernmental organizations (NGOs), to maltreatment and the impact that
access to basic services and including FHI 360, have endorsed “The maltreatment has on children.
stigma and discrimination.
Framework for the Protection, Care and 3. Children in special need of protection:
These vulnerability factors
Support of Orphans and Vulnerable Children This section identifies subgroups
can also increase the risk for
HIV infection among children, Living in a World with HIV and AIDS.” This of children who may be particularly
especially among adolescents. document, published by the United Nations vulnerable to maltreatment and in need of
Children’s Fund (UNICEF) in 2004 and often extra protection within community-based
These children are commonly referred to as “the Framework,” outlines key care and support programs.
referred to as orphans and
strategies and actions.5 And in October 2005,
other vulnerable children
UNICEF launched the Unite for Children, Unite
(OVC). This manual will use
the simpler term vulnerable against AIDS global campaign. Among the How to use this manual
children (VC). FHI 360 campaign’s central goals are the protection, This manual was designed primarily as a self-
considers this term to be care and support of children affected by HIV. study tool. Program managers can distribute
inclusive of all children who it to their staff for self-study and then hold
may be vulnerable in the Community-based care and support programs group sessions for discussion and learning
context of the HIV epidemic
for children living with and affected by HIV review. The manual can be a useful reference
and less stigmatizing for those
who are orphans.
provide unique opportunities for FHI 360 for the design of CP trainings, the design of
country programs and local IPs to protect new programs and the elaboration of project
This manual also uses the children. These programs connect with the proposals. It can also be used to strengthen
term children affected by most vulnerable children in poor communities. CP efforts within ongoing community-based
HIV. This is used to refer to Moreover, their child-focused, family-centered care and support programs.
children and adolescents
between the ages of 0 and 17
3. The state of the world’s children: special edition; celebrating 20 years of the Convention on the Rights of the Child. New York: UNICEF;
who either are living with HIV 2009. http://www.unicef.org/rightsite/sowc/ Retrieved in August 2012.
or whose parents are sick or 4. Enhanced protection for children affected by AIDS: a companion paper to the framework for the protection, care and support of orphans
and vulnerable children living in a world with HIV and AIDS. New York: UNICEF; 2007.
have died from AIDS.
5. The framework for the protection, care and support of orphans and vulnerable children in a world with HIV and AIDS. New York: UNICEF;
July, 2004.
6. A family is any group of people related either biologically, emotionally, or legally, regardless of where they reside. From FHI Program
Guidelines: Vulnerable Children and Youth; August 2010.
7. A community is a group of people living in an identifiable geographical area who share a common culture, and are arranged in a social structure
that allows them to have a common identity as a group. From FHI Program Guidelines: Vulnerable Children and Youth; August 2010.

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2 Child Protection Toolkit
Section 1:
Understanding Child Protection

Child protection (CP) is a broad term used Children who are maltreated are at increased
for efforts to safeguard children from risk of lifelong developmental challenges,
Children who are actions or situations that place their healthy HIV infection and other physical, emotional
maltreated are at development and well-being at risk. FHI 360 and social problems. Moreover, these
follows UNICEF’s definition of CP, which outcomes compromise the economic and
increased risk of lifelong
is to “prevent and respond to violence, social development of societies, so protecting
developmental challenges, exploitation and abuse against children.” children from harm is a vital aspect of
HIV infection and other The dimensions of CP are measures and development programs. The second section
physical, emotional and structures that prevent and respond to of this manual discusses the consequences of
physical, sexual, emotional or psychological child maltreatment in detail.
social problems. abuse,; commercial sexual exploitation; child
trafficking; child labor; abuse in the home, Because of its complexity, CP must be
school, and community; and harmful and multidisciplinary and multisectoral. Effective
abusive traditional practices, such as female CP involves working with a wide range of
genital mutilation (FGM; also known as formal and informal bodies: governments,
cutting) and child marriage. multilateral agencies, donors, communities,
caregivers and families. It also depends
Children need to be protected, because on close partnership with children and
they are physically, mentally and emotionally initiatives to strengthen children’s capacity
immature and unable to adequately protect to protect themselves (see the document
themselves. The younger a child is, the more Guidelines and Programming Options for
care and protection he or she will need. For Protecting Children in Community-based
instance, during the first five years of life Care and Support Programs for examples).
children are particularly vulnerable and their A successful CP system strengthens the
survival and well-being depend primarily capacity of all these actors to protect
on their parents or other adult caregivers. children for the long term, addressing root
As children grow, their physical, cognitive causes of maltreatment such as chronic
and socioemotional capabilities evolve and poverty, insecurity, power imbalances
mature, but children are still not fully capable (gender inequality, for example) and harmful
of protecting themselves. traditional attitudes and behaviors.

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3 Child Protection Toolkit
1.1 Creating a protective or violence against children facilitate
environment for children abuse. Children affected by HIV are more
The protective environment framework vulnerable to abuse and exploitation in
developed by UNICEF (see Figure 1) is an societies that discriminate against them
example of a multidisciplinary, multisectoral because of their status. Children are more
and holistic, approach to CP. It is a useful likely to be protected in societies where
framework for FHI 360 country offices (COs) all forms of maltreatment of children are
and IPs to consider when they implement CP taboo and where the rights of children are
interventions in community-based care and broadly respected by customs and tradition.
support programs.
2. Governmental commitment to fulfilling
This framework is the basis of UNICEF’s protection rights: This is an essential
strategy to protect children from element of a protective environment.
maltreatment. According to UNICEF, a Governments need to show commitment
protective environment is one where all to creating, enforcing and implementing
actors — from children and health workers strong legal frameworks that comply with
to governments and the private sector — international legal standards, policies
live up to their responsibilities to ensure and programs.
that children are protected from abuse
and exploitation. A protective environment 3. Open discussion and engagement with
has eight key elements. Absent any one of CP issues: Above all, children need to
them, children are more vulnerable to abuse, be free to speak up about CP concerns
violence, discrimination and violation of their affecting them or other children. At the
rights.8 These elements are: national level, media attention and civil
society engagement with child protection
1. Attitudes, traditions, customs, behavior issues strengthen a protective environment.
and practices: Children are not safe Nongovernmental organizations (NGOs)
in societies where norms or traditions need to make protection a priority. The
facilitate abuse. For example, social norms silence must be broken.
that tolerate adults having sex with minors
4. Protective legislation and enforcement:
An adequate legislative framework
Figure 1.
designed to protect children from abuse
Protective environment framework
must be not only adopted but also
implemented and enforced.
ent Attit
rnm ude
CO ve itments s
KIN
G
NFL
ICT
o
G m
m F FIC 5. The capacity of people in routine contact
Co TRA
with children to protect them: Health
Protective
epo ng
ng

Le

workers, teachers, police, social workers


and R itori
rti

gis

Environment
lati

and many others who interact with


Mon

on

children need to be equipped with the


LABOUR VIOLENCE
motivation, skills and authority to identify
Essenti litat
& Re h a

si o n

and respond to child protection abuses.


en
al S

Op
cu s
bi
erv on

Dis
ice

AL CHI 6. Children’s life skills, knowledge and


i

S E X U AT I O N PRIMLDREN
s

Co Ca
O IT n’s ARY W participation: Children are less vulnerable
CAR ITHOUT
P L m p
EX m a cit y dre
un
ity of C h il k i l l s EG I V
& Fa
mily Life
s E RS to abuse when they are aware of their right
not to be exploited or of services available to
protect them. With this information, children
Source: Enhanced Protection of Children Affected by AIDS. A Companion Paper to The Framework for the can draw upon their knowledge, skills and
Protection, Care and Support of Orphans and Vulnerable Children Living in a World with HIV and AIDS.
New York: The United Nations Children’s Fund (UNICEF), March 2007. resilience to reduce their risk of exploitation.

8. Child protection from violence, exploitation and abuse [fact sheet]. New York: UNICEF; May 2006. Available from
http://www.unicef.org/protection.

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4 Child Protection Toolkit
7. Monitoring and reporting of child decided to implement an integrated and
protection issues: An effective monitoring holistic strategy: the child protection system
system records the incidence and nature (CP system) approach.
of child protection abuses and allows for
informed and strategic responses. This innovation will change the way agencies
in the CP sector work. Because ideas about
8. Services for recovery and reintegration: the approach are evolving, what follows is a
Child victims of any form of neglect, brief outline of some of the basic elements of
The CP system approach exploitation or abuse are entitled to care a CP system.
looks at the circumstances and nondiscriminatory access to basic social
that challenge children’s services. These services must be provided The CP system approach looks at the
in an environment that fosters the health, circumstances that challenge children’s well-
well-being as a web of self-respect and dignity of the child. being as a web of threats rather than taking
threats rather than taking them one by one. It addresses all of the issues
them one by one. Key to understanding the protective that children in multiple circumstances might
environment approach is recognizing that CP face and the structural and root causes of
cuts across all sectors, because even strong, gaps in prevention and response. The CP
physically healthy children can be victims of system approach brings together all of the
abuse. A well-nourished and immunized child components of a global framework for the
who is beaten is not a healthy child. A young protection of children. These components
girl who is sexually harassed in school or support one another to form an interrelated
sexually abused at home is not likely to learn. whole: a system.
Children will never be free from exploitation
until all levels of society — from the family to Essential components of a child
the international community — work together. protection system
When any layer of the protective environment yy laws and policies
is stripped away, a child becomes more yy meaningful coordination across
vulnerable to exploitation, abuse and violence. government departments and between
sectors at different levels
yy knowledge of and data on CP issues and
1.2 A systems approach to good practices
child protection yy minimum standards and oversight
A CP system incorporates
Over the past two decades, CP in development yy preventive and responsive services
subsystems for the
administration of foster and in emergency situations (war and famine, yy a skilled CP workforce
care and juvenile justice. A for example) has improved significantly. The yy adequate funding
CP system also intersects dynamics of several protection problems, yy children’s voices and participation
with global systems in such such as child trafficking and the impact of HIV yy an aware and supportive public 10
parallel domains as education, on children, are clearer now. However, the
justice and health, because
fragmented approach to protection issues Child protection systems can be local,
these systems have a
common interest in securing
has caused problems, because many children provincial, municipal and national. A national
children’s fundamental rights. contend with multiple issues simultaneously. CP system should provide the overall
The synergies among the By addressing one issue and ignoring framework and coordination for lower-
components of a CP system others, most CP interventions have failed as ranking CP systems. In an ideal CP system the
and the synergies between a comprehensive solutions. Moreover, donors different jurisdictions are well coordinated
CP system and its subsystems
and NGOs generally have not coordinated and mutually reinforcing. Active community
and related global systems are
their efforts well and governments have not involvement in the protection of children is an
essential for child protection.
understood CP as a sector in its own right.9 important part of any national CP system.
Dissatisfied with such fragmentation, several
agencies that specialize in development and An effective CP system needs to carry out
CP, including UNICEF and Save the Children, a range of functions in order to deliver

9. A ‘rough guide’ to child protection systems [draft]. London: Save the Children United Kingdom; 2009. Available from
http://resourcecentre.savethechildren.se/node/5103. United Nations secretary-general’s study on violence against children.
New York: United Nations; 2006. Available from http://www.unicef.org/violencestudy/reports/SG_violencestudy_en.pdf.
10. F
 eneyrol O. Enhancing child protection systems: thematic policy. Lausanne: Terre des hommes – child relief; 2011.

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5 Child Protection Toolkit
Figure 2. Children on the move
Example of the intersecting
needs of children served by a
child protection system11
Exploited
children

WFCL
Working Abused
children children
Trafficked
children

All children benefiting from the child protection system

protection from abuse, neglect, exploitation being. Children have roles, too, appropriate
“. . . Parents or, as and violence. These are: to their ages, maturity levels and capacities.
One of the best ways to protect children is
the case may be, legal yy functions related to decision making on to empower them to protect themselves
guardians, have the behalf of individual children (such as needs through knowledge and skills for self-care.
primary responsibility assessment, gatekeeping, investigation, Children can also contribute to make CP
placement and removal from and systems stronger when they have meaningful
for the upbringing and
reintegration in families) opportunities to participate.
development of the child.
The best interests of the yy functions that support the overall Families are the first safety net for children.
performance of the system (such as Families’ primary social, moral and legal
child will be their basic
capacity building and professional responsibility in society is to care for children
concern.” development, monitoring and evaluation, and meet their basic needs.
Article 18, United Nations the allocation of human and financial
Convention on the Rights resources, legal reform and policy Some families are overwhelmed by social and
of the Child development, coordination among child economic problems and can’t fully protect
protection agencies and service providers, their children. Communities are the second
social mobilization) safety net for children. Informal networks
of kin, friends and neighbors usually step in
The way that these functions are carried out to help children in need. Communities also
in any setting will depend on the context and provide more formal responses through
the priority assigned to CP concerns. groups such as churches and grassroots
organizations. These groups can assess
the needs of children and families, mobilize
1.3 Roles and responsibilities resources to support them and monitor and
in the protection of children report child protection violations. The ability of
All parts of society — families, communities communities to protect children is enhanced
and governments — have important roles to when stakeholders join forces; community
play in ensuring children’s safety and well- child protection committees are an example.12

11. Feneyrol, 2011.


12. A common responsibility: the role of community-based child protection groups in protecting children from sexual abuse and exploitation;
discussion paper. London: International Save the Children Alliance; 2008.

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6 Child Protection Toolkit
Community oversight is especially important and the United States — have not ratified it.
in countries where national child protection The CRC provides the moral and legal basis
systems are weak or nonexistent. In these for governments and civil society to protect
countries, communities play a vital role in every human being younger than 18. It states:
supporting children and families in need of “the child, by reason of his physical and mental
protection. However, although community immaturity, needs special safeguards and care,
stakeholders usually have the will and including appropriate legal protection, before
commitment to help, sometimes they lack the and after birth.” Most of the countries that
resources and expertise necessary to meet have ratified the CRC have established national
the needs of all those at risk adequately. systems to fulfill children’s right to protection.

The state has the main responsibility for The CRC comprises 54 articles and is guided
securing children’s right to protection. by four basic principles: 1) the best interests
Governments should establish national CP of the child, 2) nondiscrimination, 3) the right
systems and make sure they work well. to survival, well-being and development, and
When the components of a CP system 4) respect for the views of the child.14
(listed on page 5) are properly coordinated,
they combine to strengthen the protective The CRC clusters the rights of the child
environment around each child.13 The according to the following themes: civil
governments of poor and underdeveloped rights and freedoms; family environment and
countries are often unable to fulfill all of these alternative care; basic health and welfare;
responsibilities, hampered by such obstacles as education, leisure and cultural activities; and
inadequate budgets and lack of qualified staff. special protection measures. Appendix 1
describes these rights by thematic area.

1.4 Child protection legal According to the CRC, every child has the right
“State Parties shall take framework and principles to protection from the threats listed below:15
all appropriate legislative, 1.4.1. United Nations Convention on
CRC article
the Rights of the Child Threats number
administrative, social and
Children are protected by an array of
educational measures to illicit transfers and illegal 11, 21
international guidelines and protocols (see adoption
protect the child from Appendix 1). The most comprehensive human
violence, abuse, neglect 19
all forms of physical or rights treaty and legal instrument for the and exploitation
mental violence, injury or promotion and protection of children’s rights
armed conflict 22, 38, 39
abuse, neglect or negligent is the Convention on the Rights of the Child
child labor, trafficking, and 32, 38, 39
treatment, maltreatment (CRC), a human rights treaty that the United
sexual and other forms of
Nations (UN) adopted in 1989. The CRC was exploitation
or exploitation, including
developed because it was generally felt that
sexual abuse, while in the torture and deprivation 37-39
the Universal Declaration of Human Rights — of liberty and capital
care of parent(s), legal adopted in 1948 and applying equally to all punishment
guardian(s) or any other human beings, children and adults alike — did
person who has the care of not define the rights of children with enough In addition, the CRC ensures special
precision. protection, care and assistance for
the child.” children who are:

Article 19.1 of the United The CRC addresses civil, political, economic deprived of a family 20, 22
Nations Convention on the environment
and cultural rights in one comprehensive
Rights of the Child framework. It applies to all children at all times disabled 23
in all situations. Only two countries — Somalia in conflict with the law 37, 39-40

13. A ‘rough guide’ to child protection systems.


14. The framework for the protection, care and support of orphans and vulnerable children in a world with HIV and AIDS. New York: UNICEF;
July 2004.
15. The state of the world’s children (derived from the United Nations Convention on the Rights of the Child). New York: UNICEF; 2010:25.
Available from: http://www.unicef.org/rightsite/sowc/pdfs/SOWC_Spec%20Ed_CRC_Main%20Report_EN_090409.pdf.

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7 Child Protection Toolkit
Guiding Principles of the United
Nations Convention on the
Rights of the Child:

1. Non-discrimination (Article
2): The Convention applies to
all children, whatever their race,
religion or abilities; whatever they
think or say, whatever type of family
they come from. It doesn’t matter
where children live, what language
they speak, what their parents do,
whether they are boys or girls, what
their culture is, whether they have
a disability or whether they are rich
or poor. No child should be treated
unfairly on any basis.

2. Best interests of the child


(Article 3): The best interests of
children must be the primary concern
in making decisions that may affect
them. All adults should do what
is best for children. When adults
make decisions, they should think
about how their decisions will affect
children. This particularly applies to
budget, policy and law makers.

3. Right to life, survival and


development (Article 6): Children
have the right to live. Governments
1.4.2. Optional Protocols to yy The optional protocol on the sale of
should ensure that children survive the Convention on the Rights children, child prostitution and child
and develop healthily. of the Child pornography draws special attention to the
Human rights treaties are often followed criminalization of these serious violations
4. Respect for the views of the
by “optional protocols” — additional legal of children’s rights and emphasizes the
child (Article 12): When adults are
making decisions that affect children, mechanisms that complement and add to importance of fostering increased public
children have the right to say what the treaty. A protocol may be on any topic awareness and international cooperation in
they think should happen and have relevant to the original treaty and is used to efforts to combat them.
their opinions taken into account. further address something in the original
This does not mean that children can
treaty, address a new or emerging concern A protocol is “optional,” because it is not
now tell their parents what to do.
The Convention encourages adults to
or add a procedure for the operation and automatically binding on states that ratified
listen to the opinions of children and enforcement of the treaty. To help stem the the original treaty. Accordingly, the optional
involve them in decision-making — growing abuse and exploitation of children protocols to the CRC have their own
not give children authority over worldwide, the UN’s General Assembly ratification mechanisms independent of the
adults. Article 12 does not interfere adopted two optional protocols to the CRC in CRC. Generally, only states that have already
with parents’ right and responsibility
2000 to increase the protection of children agreed to be bound by an original treaty
to express their views on matters
affecting their children. Moreover, from involvement in armed conflicts and may ratify its optional protocols. The CRC’s
the Convention recognizes that from sexual exploitation. These protocols optional protocols are an exception. Thus, the
the level of a child’s participation in add detail to the CRC and an expanded set of United States, which has not ratified the CRC,
decisions must be appropriate to the obligations, as follows: did ratify these two optional protocols.
child’s level of maturity. Children’s
ability to form and express their
opinions develops with age and most
yy The optional protocol on the involvement The optional protocols must always be
adults will naturally give the views of of children in armed conflict establishes interpreted in light of the CRC as a whole,
teenagers greater weight than those 18 as the minimum age for compulsory in this case guided by the principles of
of a preschooler, whether in family, recruitment and requires states to do nondiscrimination; the best interests of the
legal or administrative decisions. everything they can to prevent children child; the right to survival, well-being and
from taking a direct part in hostilities.  development; and child participation.

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Section 2:
Understanding Child maltreatment

Child maltreatment has been defined as acquaintances; strangers; people in positions


“all forms of physical and/or emotional of authority such as teachers, soldiers
Maltreatment of children is ill-treatment, (sexual) abuse, neglect or or police officers; employers; health care
internationally recognized negligent treatment or commercial or workers; and other children.
as a serious public health, other exploitation, resulting in actual or
potential harm to the child’s health, survival,
human rights, legal and development or dignity in the context of 2.1 Types of child
social issue. a relationship of responsibility, trust or maltreatment
power.”16 Because the term encompasses Following are descriptions of the most
abuse, neglect, violence and exploitation, this important types of child maltreatment.
manual uses it throughout.
2.1.1 Child abuse17
Maltreatment of children is internationally Child abuse is the most common harmful
recognized as a serious public health, action carried out against children around
human rights, legal and social issue. Child the world every day. Organizations serving
maltreatment is a complex. It occurs in many children must understand and address it.
different settings and in every culture, country
and context, so exact numbers of child Child abuse is any deliberate behavior
victims cannot be given. Enormous amounts or action that endangers a child’s health,
of time, effort and money are spent on survival, well-being and development. There
prevention and support services for victims. are three types: physical, emotional and
The nature, severity and consequences psychological and sexual abuse. Neglect can
of maltreatment can vary widely. The also be considered a form of child abuse but
consequences depend on the duration, is described separately here.
frequency and intensity of the maltreatment;
the victim’s age; the perpetrator’s age; the yy Physical abuse involves any action that
perpetrator’s relationship to the victim; and brings intentional physical harm or injury
the rehabilitation/remedial services the victim to a child, such as slapping, pinching,
receives. In extreme cases, maltreatment kicking, biting, punching, pushing,
results in death. throwing, burning or hitting with the hand
or an object (such as a cane, belt, whip, or
Perpetrators can be anyone: parents, shoe). Often, there are external injuries
family members or caregivers; friends or (wounds or bruises), but abuse is not

16. Butchart A, Harvey A; 2006.


17. For a list of common symptoms of child abuse and neglect, see Appendix 2.

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9 Child Protection Toolkit
always visible or detectable. Much physical medical recommendations for a child with
abuse against children is inflicted at home a treatable chronic disease or disability,
or in school as a form of discipline. resulting in frequent hospitalizations or
a significant deterioration of the child’s
yy Emotional or psychological abuse often condition.
accompanies physical abuse. Children
who experience it are “hit” with words yy Emotional neglect is the consistent
that demean, shame, threaten, blame, failure to provide affection, stimulation,
intimidate or frighten them. nurturance and encouragement to a child.
Severe emotional neglect of an infant’s
yy Sexual abuse involves forcing or enticing need for stimulation and nurturance can
a child to take part in sexual activities. result in the infant failing to thrive and
Activities may involve physical contact, even in the infant’s death. Emotional
such as genital fondling and sexual neglect can also lead to the child’s poor
intercourse, and noncontact activities, such self-image and self-esteem, and to alcohol
as indecent exposure, making children look or drug abuse and other destructive
at pornographic materials or encouraging behaviors later in life.
children to behave in sexually inappropriate
ways. Girls are disproportionately affected yy Educational neglect is the failure to
by sexual abuse enroll in school a child of mandatory
school age or provide appropriate home
2.1.2 Child neglect schooling. Educational neglect can lead
Indicators of child neglect are Neglect is the persistent failure of a parent or to the child failing to acquire basic life
poor hygiene, poor weight adult caregiver to provide appropriate care to skills and can pose a serious threat to the
gain and growth, inadequate a child, despite being able to do so. Neglect child’s psychological, emotional, and social
medical care and frequent
is usually an ongoing pattern of inadequate development and well-being, particularly
absences from school or
day care care that can be observed by people in close when the child has special educational
contact with the child. Indicators of child needs that are not met. In many cultures,
neglect are poor hygiene, poor weight gain girls are more likely than boys to
and growth, inadequate medical care and experience educational neglect.
frequent absences from school or day care.18
There are different types of neglect: 2.1.3 Child exploitation
Child exploitation is the use of children
yy Physical neglect is the consistent failure for someone else’s economic or sexual
to provide a child with basic necessities advantage, gratification or profit, often
such as food, shelter, or clothing. Child resulting in unjust, cruel and harmful
abandonment, inadequate supervision, and treatment of the child.19 Following is a brief
failure to ensure the safety of a child are description of some of the most significant
also forms of neglect. Physical neglect can forms of child exploitation around the world:
severely impact a child’s development, by
causing failure to thrive, malnutrition, and yy Child labor: The International Labour
serious illnesses. Organization (ILO), an agency of the
U.N., uses two different terms to make
yy Medical neglect is the consistent failure a distinction between acceptable and
to provide necessary health services to unacceptable activity for children: work
a child, thus placing the child’s health and labor. According to the ILO, work
and life at risk. Examples of medical is acceptable for children to a certain
neglect are when a parent refuses to extent. It is defined as light activities,
seek medical care for a child who has an unpaid and paid, such as helping parents
acute illness, or when a parent ignores at home for short periods or activities

18. American Humane Association. Child neglect [fact sheet]. Available from: http://www.americanhumane.org/children/stop-child-abuse/
fact-sheets/child-neglect.html.
19. American Humane Association. Child neglect.

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Worst Forms of
for pocket money that do not interfere children usually work in the informal
Child Labor
with the education and development of sector of the economy or in households23
• all forms of slavery or practices children. These activities are perceived (domestic labor).
similar to slavery, such as as a part of growing up for girls and boys,
the sale and trafficking of and as contributing to their self-esteem, yy Hazardous labor: is any activity or
children, debt bondage and
self-confidence and well-being. Labor, occupation that has or leads to adverse
forced or compulsory labor,
on the other hand, is perceived as unpaid effects on a child’s safety, health and moral
including forced or compulsory
recruitment of children for use and paid activities that are mentally, development. Hazardous labor conditions
in armed conflict; physically, emotionally, socially or morally include night work; long hours of work;
dangerous and harmful to children. Labor exposure to physical, psychological
• t he use, procuring or offering of
is the kind of work that interferes with the or sexual abuse; work underground,
a child for prostitution, for the
development and education of children.21 underwater, at dangerous altitudes or in
production of pornography or
for pornographic performances; confined spaces; work with dangerous
The ILO places great importance on the machinery, equipment and tools; and
• the use, procuring or offering age of a child to distinguish between work in unhealthy environments that
of a child for illicit activities, in labor and work. According to the ILO, may expose children to hazardous
particular for the production
children engaged in types of work for substances and temperatures damaging
and trafficking of drugs
as defined in the relevant which they have not yet reached the to their health.
international treaties; specified minimum age are child laborers.
These boundaries are set forth in ILO Children who do hazardous work account
• work which, by its nature or conventions number 138 and 182.22 Many for more than 90 percent of those
the circumstances in which it
of the types of labor children are involved engaged in the “worst forms of child
is carried out, is likely to harm
the health, safety or morals of in, particularly girls, are invisible, because labor,” as defined by the ILO (see sidebar).
children.
20. What is child labour. Geneva: International Labour Organization. Available from: http://www.ilo.org/ipec/facts/lang--en/index.htm.
—Article 3, Convention
21. Haspels N, Jankanish M. Action against child labour. Geneva: International Labour Organization; 2000.
182, International Labour 22. ILO conventions and recommendations. Geneva: International Labour Organization. Available from: http://www.ilo.org/ipec/facts/
Organization20 ILOconventionsonchildlabour/lang--en/index.htm.
23. A household consists of all people who occupy a housing unit regardless of relationship. A household may consist of a person living alone
or multiple unrelated individuals or families living together. From: FHI Program Guidelines: Vulnerable Children and Youth, August 2010.

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11 Child Protection Toolkit
yy Sexual exploitation of children24 can situation as a result of trafficking; this figure is
Exploitation for be described as a practice by which a the most reliable reference.
Commercial Sex person, usually an adult, achieves sexual
gratification, financial gain or advancement Child trafficking occurs within countries,
One of the worst forms of
child labor, exploitation for
through the abuse or exploitation of across national borders, and across
commercial sex can take the a child’s sexuality. Examples of such continents. It is closely interlinked with the
following forms: practices are trafficking, prostitution, demand for cheap, docile labor in sectors and
prostitution tourism, pornography, and among employers where working conditions
• child prostitution in the stripping. It is considered to be one of the and treatment grossly violate children’s
streets or indoors in
worst forms of child labor. human rights. Children are trafficked to
such places as brothels,
work in environments that are unacceptable
discotheques, massage parlors,
bars, hotels, and restaurants Sexual exploitation of children — a form (the unconditional worst forms) as well
of sexual abuse — includes exploitation as dangerous to health and development
• the trafficking of girls and for commercial sex. Millions of children (hazardous worst forms). These forms
boys and adolescents for the (and a disproportionate number of girls) range from bonded labor, camel jockeying,
sex trade
worldwide are exploited for commercial child domestic labor, commercial sexual
sex. Children are enslaved by a chain of exploitation and prostitution, drug couriering,
• child sex tourism
actors who all profit in some way. The and child soldiering to exploitative or slavery-
• the production, promotion and chain can be long, linking a child to an like practices in the informal industrial
distribution of pornography abuser sometimes thousands of miles sector.26
involving children away through intermediaries that include
recruiters, transporters, brothel owners and 2.1.5 Violence against children
• the use of children in sex
pimps. Organized criminal networks and Violence against children is defined as all
shows (public or private)
gangs thrive on the trade in children. The forms of physical or mental injury, abuse,
phenomenon is complex and enormous. neglect or exploitation.27 Violence can be
Because it is largely hidden, accurate data committed by individuals, by the state and by
do not exist. Exploitation for commercial groups and organizations. Its results are injury,
sex is a form of coercion and violence fear of injury and fundamental interference
against children that amounts to forced with personal freedom. The table in the next
labor and a contemporary form of slavery. page describes and provides examples of
different types of violence against children.
2.1.4 Child trafficking
According to the U.N. Protocol to Prevent,
Violence can be Suppress and Punish Trafficking in Persons,
committed by individuals, Especially Women and Children (2000),25
by the state and by groups child trafficking is the recruitment,
transportation, transfer, harboring or receipt
and organizations. Its
of children for the purpose of exploitation. It
results are injury, fear of is a violation of their rights and well-being and
injury and fundamental denies them the opportunity to reach their
full potential.
interference with personal
freedom. Although recent research has yielded some
information on the nature of child trafficking,
its magnitude is uncertain. In 2005 the ILO
estimated that 980,000 to 1,225,000
children (boys and girls) are in a forced labor

24. Profiting from abuse: an investigation into the sexual exploitation of our children. New York: UNICEF; 2001.
25. This protocol supplements the United Nations Convention against Transnational Organized Crime, also called the Palermo protocol.
26. For more information, see www.childtrafficking.org; www.childtrafficking.com; www.ilo.org/ipec.
27. A definition from the Office of the United Nations High Commissioner for Human Rights 1990, Article 19. Long S. Protecting children
affected by HIV against abuse, exploitation, violence and neglect [technical report]; Arlington, VA: United States Agency for International
Development AIDSTAR-One, July 2011.

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12 Child Protection Toolkit
Type of violence Description Examples

Interpersonal violence Violence between individuals can take place within a family or a community.

Collective violence Violence committed by groups of people yy Violence resulting from internal and
yy It can be social, political and economic violence. international armed conflicts, terrorism and
organized crime.
yy State violence is one of the primary forms of
collective violence. yy Violence that targets specific groups of
people such as child infanticide, honor killings,
yy State violence is committed, condoned or allowed by
and gang violence.
the state and its representatives. It includes violence
by the armed forces, law enforcement officers Examples of state violence against children:
and security forces of all kinds but also violence yy use of the death penalty
committed by any other state agent. yy torture
yy forced displacement
yy unlawful imprisonment
yy extrajudicial killings and executions
yy enforced disappearances

Gender-based violence (GBV)28 yy These are harmful acts perpetrated against a person GBV includes but is not limited to:
based on socially ascribed differences between males yy sex-selective abortion
and females.
yy differential access to food and services
yy It is used to preserve and maintain females’
yy sexual exploitation and abuse; child
subordinate status vis a vis males.
marriage
yy Acts of violence are both an expression of and a
yy female genital mutilation/cutting
way to reinforce male domination not simply over
individual women and girls but also over females as a yy sexual harassment
class of people. yy dowry or bride price abuse
yy It is rooted in power imbalances and structural yy honor killing
inequality between men and women.
yy domestic or intimate partner violence
yy deprivation of inheritance or property
yy elder abuse

Sexual violence yy In 2002, an estimated 150 million girls and 73 million boys under 18 years of age experienced forced
sexual intercourse or other forms of sexual violence involving physical contact.29
yy The true magnitude of sexual violence is hidden because of its sensitive and illegal nature.
yy It is s a gross violation of children’s rights.
yy It is a global reality across all countries and social groups.
yy It takes the form of sexual abuse, harassment, rape or sexual exploitation in prostitution or pornography.
yy It can happen in homes, institutions, schools, workplaces, in travel and tourism facilities, and within
communities both in development and emergency contexts.
yy Increasingly, the Internet and mobile phones also put children at risk of sexual violence, because
some adults use them as tools to pursue sexual relationships with children.
yy Among women and children sexual violence is often a method of warfare to brutalize and instill fear
in a civilian population.
yy Most children and families do not report cases because of stigma, fear and distrust of authorities.
Social tolerance and lack of awareness also contribute to under-reporting.

28. Many documents are excellent sources of information on gender-based violence. Two documents worth consulting are “Guidelines
for Gender-Based Violence Interventions in Humanitarian Settings: Focusing on Prevention and Response to Sexual Violence in
Emergencies” (Inter-Agency Standing Committee, September 2005) and “Broken Bodies, Broken Dreams: Violence against Women
Exposed” (United Nations Office for the Coordination of Humanitarian Affairs and Integrated Regional Information Networks, 2005).
29. U
 nited Nations study on violence against children. New York: United Nations; 2007. Available from: http://www2.ohchr.org/english/
bodies/crc/study.htm.

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UNICEF estimates that more than 70 million
girls and women between the ages of 15 and
49 have undergone FGM/C in 28 African
countries, plus Yemen, and 3 million girls are
at risk of FGM/C each year on the African
continent alone. The procedure can be
performed as early as one year of age. It may
cause severe pain and can result in prolonged
bleeding, infection, infertility and even death.

This fundamental violation of the rights of


girls is deeply entrenched in social norms. It
is a manifestation of gender inequality. The
practice is violent in nature, even though the
families who perpetrate it may not intend to
do violence. Communities practice FGM/C
2.1.6 Child recruitment by armed in the belief that it will ensure a girl’s proper
forces or groups30 marriage, chastity, beauty or family honor.
Around the world, thousands of boys Some also associate it with religious beliefs,
and girls are recruited into government although no religious scriptures require it.
armed forces and rebel groups to serve as The practice is such a powerful social norm
combatants, cooks, porters and messengers that families have their daughters cut even
or in other roles. Girls are also recruited for when they are aware of the harm it can
sexual purposes or forced marriage. Many cause. If a family were to stop practicing it
are recruited by force, though some join on their own they would put the marriage
as a result of economic, social or security prospects of their daughter as well as the
pressures. Situations of displacement and family’s status at risk.
poverty make children even more vulnerable
to recruitment. Children associated with
armed forces or armed groups are exposed 2.2 Factors that contribute
to tremendous violence – often forced both to child maltreatment
to witness and commit violence, while they In households and communities affected
themselves suffer abuse, exploitation, injury by HIV (the focus of this manual), poverty,
and even death. Their condition deprives lack of parental or adult care, social stigma
them of their rights, often with severe and discrimination, harmful gender norms,
physical and emotional consequences. disability, lack of birth registration and child
(also called early) marriage increase the
Noteworthy is the optional protocol to likelihood that children will be maltreated.
the CRC on the involvement of children in This section considers each of these
armed conflict, which is part of the legal contributing factors in detail.
and normative framework that underpins
prohibitions against the recruitment and use of 2.2.1 Poverty
children by armed forces and armed groups. Although maltreatment is not limited
to families living in poverty, economic
2.1.7 Female genital mutilation/ stress makes children more vulnerable to
cutting (FGM/C)31 maltreatment. It can lead to neglect and to
Female genital mutilation/cutting (FGM/C) temporary or permanent abandonment.
refers to all procedures involving partial or Poverty also pushes children to work and can
total removal of the external female genitalia take them into the most hazardous forms of
or other injury to the female genital organs child labor.
for nonmedical reasons.

30. Child protection from violence, exploitation and abuse. New York: UNICEF. Available from: www.unicef.org/protection.
31. C
 hild protection from violence, exploitation and abuse.

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14 Child Protection Toolkit
Households where HIV is present tend to also end up on the streets, where they can be
be poor, because the earning capacity of physically and sexually abused and exploited, or
breadwinners is compromised, health care in a child-headed household, where they may
costs are high and education is disrupted. turn to dangerous survival strategies.

Children in poor households are more likely 2.2.3 Social stigma and
to be raised by a single parent and to have discrimination
inadequate parental supervision. As a result, Social stigma refers to prejudice and negative
they are also more likely to engage in risky attitudes towards people whose personal
behavior or to be exploited as prostitutes, characteristics or beliefs are perceived to be
increasing their own risk of contracting HIV. different or contrary to cultural norms. Stigma
“States Parties shall take often leads to acts of discrimination: physical
all appropriate measures Heads of household or caregivers who are and emotional maltreatment, neglect and
to ensure that the child poor are prone to emotional distress and denial of basic services. Children affected by
is protected against all anxiety, which can lead to child neglect and HIV frequently suffer such discrimination.
forms of discrimination or to physical and emotional violence against
children. Furthermore, the combination of Stigma and discrimination isolate children
punishment on the basis
poverty and other vulnerability factors, such socially, making it hard for organizations to
of the status, activities,
as harmful gender norms, can place children — reach them with services and support and
expressed opinions or especially girls — at risk of curtailed education, increasing their vulnerability to abuse and
beliefs of the child’s gender-based violence, sexual exploitation exploitation.
parents, legal guardians, and early marriage.
or family members.” 2.2.4 Harmful gender norms
2.2.2 Lack of parental or Gender is the composite of norms and roles
Article 2.2 of the United adult care attached to being a man or a woman, a girl
Nations Convention on the Parents are children’s main source of care and or a boy, in a particular social and cultural
Rights of the Child
protection. In their absence children are more context. Each culture has its own sets of
vulnerable to neglect, abuse and exploitation. norms and roles and these can enhance
inequalities between the sexes. Harmful
Moving in with extended family members or gender norms increase the vulnerability of
an unrelated family does not necessarily solve girls and women to violence, poverty and
the problem, especially when placement in disease. For instance, norms that encourage
these alternative family-based care settings is men/boys to be aggressive and dominant
inadequately supervised. Children who live in and women/girls to be submissive can place
alternative family-based care risk being pulled girls at risk for physical, emotional and sexual
out of school and put to work; moreover, violence. Many girls experience gender-
decisions in these households tend to favor based discrimination in households and
biological children. communities, and are therefore less likely
to receive basic health care, education and
The vulnerability of children who lack parental social services, increasing their vulnerability
care increases in the absence of an extended to abuse and exploitation. Girls who are not
family that can provide alternative adult care. empowered to seek services and information
Girls often take on a significant burden of and make decisions to protect themselves
unpaid care and household labor, with negative are also more vulnerable to HIV and other
consequences for their education, development diseases.32 To learn more about harmful
and health. Children who lack parental or gender norms’ effects on vulnerable boys and
adult care may end up living in institutions, girls, please refer to FHI 360’s “Integrating
such as orphanages. Research has shown that Gender in Care and Support of Vulnerable
institutional care has a negative effect on the Children: A Guide for Program Designers and
well-being, safety and development of children. Implementers,” available at www.fhi360.org/
Children without parental or adult care may en/Publications/index.htm.

32. Gender and child protection, UNICEF Eastern and Southern Africa website. Available from: http://www.unicef.org/esaro/7310_
Gender_and_child_protection.html.

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Figure 3. lack of freedom to participate in community
Ecological model for activities, which are all major sources of
understanding violence stress on girls’ mental and physical well-being.

Source: Heise et al., 1999;


Societal Community Relationship Individual Girls who marry early often abandon formal
Krug et al., 2002; CDC, 2004
education and become pregnant. Child
pregnancies and deliveries place girls at
greater risk of death. They also often lead to
physical conditions such as fistula, which in
many countries results in discrimination and
violence against these girls and abandonment
2.2.5 Lack of birth registration by their husbands, families and communities.
Birth registration is the official recording This, in turn, makes girls more likely to adopt
of a child’s birth by the government and dangerous survival strategies.
establishes the child’s existence under law.
It provides the foundation for safeguarding Child marriage is not only a vulnerability
a child’s civil, political, economic, social and factor but also a form of maltreatment:
cultural rights. In addition to being the first Families marry off girls at an early age to
legal acknowledgment of a child’s existence, avoid the expense of supporting them or to
birth registration is central to ensuring that obtain bride wealth.
children are counted and have access to basic
services such as health, social security and
education, all of which provide a protective 2.3 Understanding child
network for children.33 A child’s age is a central maltreatment through the
protection from child labor, being arrested ecological model
and treated as an adult in the justice system, Child maltreatment is not the result of a
compulsory recruitment in armed forces, child single risk factor. A complex interaction of
marriage, trafficking and sexual exploitation. factors is always in play at different levels of
A birth certificate as proof of birth can also society that increases the risk for children
help authorities trace unaccompanied and to become victims of maltreatment. The
separated children and promote their safe ecological model35 (see the diagram on this
migration. In effect, birth registration is page) shows this interaction.
children’s passport to protection.
The individual level refers to the personal
2.2.6 Child (also called early) characteristics and history of a person that
marriage34 can make him or her susceptible of either
Article 1 of the CRC defines child (or early) perpetrating or suffering abuse.
marriage as any marriage of a child younger
than 18. A parent or caregiver with the following
characteristics is more likely to maltreat a child:
Girls are disproportionately affected. Where yy was maltreated as a child
child marriage is prevalent, it functions as a yy shows lack of self-control when upset
social norm. Marrying girls younger than 18 or angry
is rooted in gender discrimination. About a yy misuses alcohol or drugs, so that the ability
third of women between the ages of 20 and to care for the child is affected
24 in the developing world were married as yy is depressed or exhibits feelings of low
children. Evidence shows that child brides self-esteem or inadequacy
are at increased risk of violence, abuse and yy has poor parenting skills as a result of
exploitation. Child marriage often results youth or lack of education
in separation from family and friends and yy experiences financial difficulties

33. Child protection from violence, exploitation and abuse.


34. Child protection from violence, exploitation and abuse.
35. B
 utchart A, Harvey A; 2006.

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16 Child Protection Toolkit
Some characteristics increase a child’s risk of with stressful or difficult situations
being maltreated. (This does not mean that yy living in a household affected by domestic
the child is responsible for the maltreatment.) violence
They are:
yy was unwanted or failed to fulfill parents’ The community level relates to the settings
expectations or wishes in which social interactions take place, such as
yy has many needs (for example, is mentally or neighborhoods or schools, and characteristics
physically disabled or has a chronic illness) of those settings that can contribute to child
yy cries persistently and cannot be soothed abuse. Examples of community-level risk
or comforted easily factors are:
yy has personality or behavioral traits that the yy high levels of unemployment and
parent perceives as problematic, such as concentrated poverty
hyperactivity or impulsivity yy easy availability of alcohol
yy a pattern of homelessness or inadequate
The relationship level encompasses close housing
social relationships (among family or friends, yy tolerance of violence
for example) that can influence a person’s risk yy lack of child protection policies and
of perpetrating or suffering abuse. Examples programs within institutions
of risk factors at the relationship level are:
yy being isolated in the community Societal factors refer to conditions in society
yy lack of a support network that can assist that contribute to abuse, such as social

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17 Child Protection Toolkit
norms that encourage harsh punishment of Studies suggest that exposure to
children, the absence of welfare safety nets maltreatment and other forms of violence
for children, and economic inequalities. during childhood is associated with risk
factors and risk-taking behaviors later in
life. These include violent victimization and
2.4 Impact of maltreatment the perpetration of violence, depression,
on children smoking, obesity, high-risk sexual behaviors
In addition to health The health and social consequences of child resulting in sexually transmitted infections
and social costs, child maltreatment extend from harm to children’s (STIs) such as HIV, early pregnancy, and
maltreatment has a huge physical and neurological, cognitive and alcohol and drug use.
emotional development to death.36
economic impact on In addition, children who have experienced
families, communities Maltreated children are more likely to: maltreatment may also be more vulnerable
and entire countries. yy have low self-esteem to HIV, because forced or coerced sex may
yy exhibit extremely passive or aggressive lead to HIV transmission. Moreover, violence
behaviors and threats of violence may inhibit a person’s
yy have difficulties with interpersonal ability to negotiate safe sex behaviors
relationships throughout their lives.
yy perform poorly in school
yy have frequent nightmares In addition to these health and social costs,
yy experience depression that can lead child maltreatment has a huge economic
to suicide attempts impact on families, communities and
entire countries. Families are hit with the
Emotional abuse: costs of medical care and psychosocial or
yy destroys children’s self-confidence psychological and legal services; curtailed
and self-esteem education may result in lost earnings. For
yy results in a sense of worthlessness communities and countries as a whole
and inadequacy maltreatment means a loss in productivity
yy leaves deep psychological marks that and tax revenue due to illness and premature
can last a lifetime death, and an increase in government
expenditures for medical care, special
Sexual abuse, exploitation and violence education, psychological and welfare services,
can cause: protective services, foster care, prevention and
yy severe physical damage prosecution of adult crimes and incarceration
yy torment and feelings of shame and guilt of juvenile and adult offenders.
(children feel they are responsible for the
abuse or that somehow they brought it
upon themselves)
yy self-loathing and, as children grow older,
sexual problems such as promiscuity or
an inability to have intimate relationships

36. Butchart A, Harvey A; 2006. Long S; July 2011. Child abuse and neglect: recognizing and preventing child abuse. Available from:
www.helpguide.org/mental/child_abuse_physical_emotional_sexual_neglect.htm. What is child abuse and neglect; factsheet.
Washington, D.C.: U.S. Department of Health and Human Services Child Welfare Information Gateway; 2008. Available from:
www.childwelfare.gov/pubs/factsheets/whatiscan.cfm.

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Section 3:
CHILDREN IN SPECIAL NEED OF PROTECTION

While all children are highly vulnerable and age. Many children affected by HIV have
need to be protected, some subgroups of lost both parents and live in child-headed
During the first five vulnerable children need extra attention households to avoid being separated
years of life children are because of their conditions or circumstances. from their siblings or to avoid losing their
inherited property.
particularly vulnerable
and their survival and 3.1 Children living outside of yy One pathway leading children to the
well-being depend family-based care street is HIV and its related factors. For
primarily on their parents Children living without the care and this reason, and because these children
supervision of a responsible adult may have are highly vulnerable to acquiring HIV
or other adult caregivers. lost or been abandoned by both parents or themselves, donors such as the United
may have run away from home. Children in States President’s Emergency Fund for
this category who do not find their way to AIDS Relief (PEPFAR) increasingly are
residential care (orphanages) live on the street mandating community-based programs
or in child-headed households. As explained to support and protect street children.
in the third manual in this toolkit (causes and However, addressing the needs of street
consequences of child maltreatment), children children is not so straightforward, because
without parental care are more vulnerable these children are not a homogenous
to maltreatment, even if they are placed in group. The categorization of “street
alternative family-based care. children” that has been in use for many
years refers to children who work on the
yy Children in child-headed households street and go home to their families at
usually are living with an older sibling. night and also to children of the street:
Although these children live in a family those who are functionally without family
environment, their poverty is generally support but who maintain family ties and
extreme, blocking access to food and those who live completely on their own.
basic services. This makes them especially This distinction is no longer considered to
vulnerable to maltreatment. They can be valid and useful, because it does not
easily fall prey to economic and sexual accurately reflect children’s experiences.
exploitation, for example, or use hazardous
survival strategies increase their risk of Nowadays many terms and definitions are
exposure to HIV. Moreover, a child or in use and still evolving, such as “children
adolescent who is the head of a household working and/or living on the street” and
usually experiences stress associated “children in street situations.” Another
with shouldering an adult role at a young term, “children with street connections,”

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19 Child Protection Toolkit
reflects the myriad relationships primary cause of placement is the difficulty
children have with street life alongside that families and communities have in
other connections to family, schools meeting children’s basic needs. This is
and communities. Because of shifts in also true in emergency situations. Often
terminology, the exact number of street stigma and discrimination push parents
children is unknown. to place children affected by HIV (and
especially children who have the virus)
Research has shown that most children in institutional care. There, children are
with ties to the street may be outside discriminated against and marginalized
of family-based care, because parents even more, ramping up their vulnerability
or caretakers are largely absent, but to maltreatment.38
are usually not orphans or completely
abandoned, as was once assumed.
However, these children are very 3.2 Children living with elderly
vulnerable and in need of community- caregivers
based programming, because they do These are children who are orphans or whose
come from unstable, violent and fragile parents are unable to care for them. The
families often affected by HIV. Most of elderly caregiver can be a family member or
these children have experienced poverty, someone close to the child’s family but most
discrimination, social exclusion, violence, frequently is a grandmother. Caregivers of
abuse and exploitation. They are at advanced age whose health is poor are usually
increased risk for delinquent behaviors, not able to generate enough income to meet
drug use and countless health problems, the basic needs of the children in their charge.
including HIV. At the same time they lack Thus, many of these children, especially
access to basic social services. These adolescents, may have to make money to
children, together with their families or help maintain the household, thus running the
caretakers, need support and protection.37 risk of engaging in hazardous work and being
abused and exploited. Moreover, very elderly
yy Children in institutional/residential care caregivers usually don’t have the energy and
are extremely vulnerable to maltreatment parenting skills required to deal with the
and do not receive the support, care and challenges of raising and disciplining children.
protection that they need, particularly if Adolescents, who have little guidance and
the government has not implemented supervision from their caregivers, may engage
standards of care and has no monitoring in risky behaviors or activities.39
apparatus. Research has shown that
institutional care has a negative effect on
the well-being, safety and cognitive, social 3.3 Children living with HIV
and emotional development of children. Children living with HIV may be subject
It should be a temporary measure and to stigma and discrimination. Their
the last resort. Yet millions of children marginalization, often combined with poverty,
spend their entire childhoods in alternative makes them vulnerable to abuse, violence and
formal care arrangements. Most should exploitation. These violations can take place
not be there, either because they are not in community settings, such as schools, but
orphans or because they have contactable also in a child’s home, especially if the child
families who could take care of them, lives with extended family members. Children
given adequate support. Poverty is a living with HIV are often denied access to key
frequently cited reason for placing children services, such as medical services, which can
in institutions, which suggests that the place their health, development and survival

37. From: Protection and promotion of rights of children working and/or living in the streets. Office of the High Commissioner of
Human Rights, Aviva. For more information, data and guidelines on the issue of street children, please consult this report and
http://www.streetchildren.org.uk/
38. See Guidelines on Alternative Care of Children, UN General Assembly Resolution A/res/64/142, 24 February 2010, and www.crin.org
for more information.
39. Clacherty G. Living with our bibi: a qualitative study of children living with grandmothers in the Nshamba area of North Western
Tanzania. Federal Way, Washington: World Vision; May 2008.

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20 Child Protection Toolkit
at risk. They may also have parents who are begging or missing school; or they may be
too sick as a result of HIV to provide proper detained in reprisal for their race, religion,
care, or they may be orphans. As children nationality, ethnicity or political views.
living with HIV enter adolescence, they UNICEF estimates that more than one
face many other psychosocial challenges; million children worldwide are deprived of
for example, disclosing their HIV status to their liberty.
romantic partners and employers may trigger
further discrimination and rejection. Many justice systems, lacking resources
or political will, do not have child and
gender-sensitive procedures and services
3.4 Children with disabilities for children’s rehabilitation or reintegration
Because of exclusion and discrimination, into society. Child protection mechanisms
“States Parties recognize
children with movement, speech, visual, within the justice system are designed to
that a mentally or
hearing and learning/intellectual and mental benefit all children in conflict with the law to
physically disabled child impairments are more vulnerable to neglect ensure they are well served and protected
should enjoy a full and and abuse. In many cultures these children and that the justice system operates in their
decent life, in conditions are considered a curse and are stigmatized best interest. However, in most instances
which ensure dignity, and discriminated against in their homes these mechanisms either do not exist or
promote self-reliance and communities. Near-starvation, extreme do not function well, treating children as a
deprivation, unhygienic living conditions and homogeneous group and rarely taking gender
and facilitate the child’s
abandonment are common. Children with considerations into account.
active participation in the disabilities are also more likely to be abused,
community.” because they are seen as easy targets. Studies Instead of detention, alternatives such as
show that 70 percent of all children with diversion42 and restorative justice (which
Article 23.1 of the United
Nations Convention on the disabilities and up to 80 percent of girls with focuses on repairing harm) should be
Rights of the Child disabilities have experienced sexual abuse.40 promoted. When children are in detention,
their rights are often violated. They are
extremely vulnerable to maltreatment:
3.5 Children in conflict with they may be detained with adult prisoners
the law41 and exposed to torture and other forms
Community-based care and support programs of physical, sexual and emotional abuse.
must sometimes deal with children who are Children in detention, particularly with adult
in conflict with the law. This is most common prisoners, are at high risk of contracting STIs
among children affected by HIV who take including HIV.
to begging, prostitution, stealing or other
criminal activities in order to meet their daily
needs and those of their families. 3.6 Separated children in
times of emergency
Although detention should be a last resort The commotion of survival and flight in an
and short, children suspected or accused emergency such as a natural disaster of rapid
of having committed an offence are often onset or an armed conflict often separates
detained for long periods. Children are children from their families and caregivers.43
also detained for other reasons: they may In major humanitarian crises, as in Haiti
be accompanying a parent to detention or following the earthquake in January 2010,
seeking asylum in another country; they may thousands of children have been lost or
be detained as punishment for vagrancy, separated from their families. The longer the

40. Hidden shame: violence against children with disabilities in East Africa. Geneva: Terres des Hommes; September, 2007.
41. www.unicef.org/protection.
42. Diversion means ¨the conditional channeling of children in conflict with the law away from judicial proceedings through the
development and implementation of procedures, structures and programs that enable many - possibly most - to be dealt with by non-
judicial bodies, thereby avoiding the negative effects of formal judicial proceedings and a criminal record.¨ From “Toolkit on Diversion
and Alternatives to Detention.” New York: UNICEF. Available from: http://www.unicef.org/tdad/index_56037.html
43. For more information, see “Inter-Agency Guiding Principles on Unaccompanied and Separated Children.” Geneva: International
Committee of the Red Cross; 2004.

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21 Child Protection Toolkit
separation, the more difficult it is to locate a and is consistent with the aims of family
Separated children are child and greater a child’s risk of exposure to reunification and of ensuring children’s
those separated from both violence, economic and sexual exploitation, protection and well-being.
parents or from their previous abuse and trafficking.
legal or customary primary
In disaster-prone countries, disaster
caregiver but not necessarily
During emergencies, children want to be with preparedness plans should include measures
from other relatives. These
children may be accompanied their family and families want to be together. to prevent the separation of family members.
by other adult family members. Experience has shown that most separated Examples of such measures are supporting
children have parents or other family vulnerable families to access basic relief
Unaccompanied children members willing and able to care for them. supplies and services; limiting and restricting
(also called unaccompanied Accordingly, unaccompanied and separated the use of residential care options unless
minors) are children who have
children should be provided with services absolutely necessary; ensuring that medical
been separated from both
parents and other relatives and aimed at reuniting them with their parents or evacuations of children are undertaken in a
are not being cared for by an customary caregivers as quickly as possible, way to support the reunification of children
adult who, by law or custom, is in coordination with government authorities with their families once a child has been
responsible for their care. and other humanitarian agencies. If interim treated; and raising community awareness of
care is required, it should be provided in a the risks of family separation.
— From “Inter-Agency Guiding
way that keeps parents and siblings united
Principles on Unaccompanied
and Separated Children.”
Geneva: International
Committee of the Red Cross;
2004.

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22 Child Protection Toolkit
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International Labour Organisation; 2002. Geneva: International Labor Office; 2010.
yy http://www.crin.org/docs/Living%20with%20
yy http://www.ilo.org/wcmsp5/groups/public/@ our%20Bibi%20final%20.pdf. Retrieved in yy Profiting from abuse: an investigation into the
dgreports/@dcomm/@publ/documents/ August 2012. sexual exploitation of our children. New York:
publication/wcms_publ_9221124169_en.pdf. UNICEF; 2001.
yy Enhanced protection for children affected by
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AIDS: a companion paper to the framework for yy http://www.unicef.org/publications/files/pub_
yy A ‘rough guide’ to child protection systems the protection, care and support of orphans profiting_en.pdf. Retrived in August 2012.
[draft]. Westport, CT: Save the Children; and vulnerable children living in a world with
yy Promoting the rights of children with disabilities.
2009. http://www.thewayforwardproject.org/ HIV and AIDS. New York: UNICEF: 2007. http://
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file_uploads/Gen24%20Rough%20Guide%20 www.unicef.org/publications/files/Enhanced_
Innocenti Research Centre; 2007.
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yy Adapting a systems approach to child yy Guidelines for gender-based violence
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protection: key concepts and considerations interventions in humanitarian settings:
[working paper]. New York: UNICEF; January focusing on prevention and response to sexual yy Protection and promotion of rights of children
2010. http://www.unicef.org/protection/ volence in emergencies. Geneva: World Health working and/or living in the streets. Geneva:
files/Adapting_Systems_Child_Protection_ Organization (WHO)/ Inter-Agency Standing United Nations Office of the High Commissioner
Jan__2010.pdf. Retrieved in August 2012. Committee (IASC); September 2005. for Human Rights; 2012.

yy American Humane Society website yy Haspels N, Jankanish M. Accelerating action yy http://www.ohchr.org/Documents/Issues/


against child labour: global report under the Children/Study/OHCHRBrochureStreetChildren.
yy http://www.americanhumane.org/children/
follow-up to the ILO declaration on fundamental pdf. Retrieved in August 2012.
stop-child-abuse/fact-sheets/child-neglect.html.
principles and rights at work. Geneva:
Retrieved in August 2012. yy Report of the independent expert for the United
International Labour Office (ILO); 2010.
Nations study on violence against children. New
yy Broken bodies, broken dreams: violence
yy http://www.ilo.org/global/publications/books/ York: United Nations; 2007.
against women exposed. New York, Geneva:
WCMS_127688/lang--en/index.htm. Retrieved
United Nations Office for the Coordination of yy http://www.unicef.org/violencestudy/reports/SG_
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Humanitarian Affairs (OCHA)/Nairobi: Integrated violencestudy_en.pdf. Retrieved in August 2012.
Regional Information Networks (IRIN); 2005. yy Hidden shame: violence against children with
disabilities in East Africa. Nairobi: Terres des yy Smith M, Segal J. Child abuse and neglect:
yy Butchart A, Harvey A. Preventing child recognizing and preventing child abuse.
Hommes Netherlands; September 2007.
maltreatment: a guide to taking action and Helpguide.org; July 2012. www.helpguide.org/
generating evidence. Geneva: World Health yy http://www.dcdd.nl/data/1220283844085_ mental/child_abuse_physical_emotional_sexual_
Organization (WHO)/Aurora, CO: International Hidden%20Shame.pdf. Retrieved in August 2012. neglect.htm. Retrieved in August 2012.
Society for Prevention of Child Abuse and
yy HIV-related stigma, discrimination and human yy The state of the world’s children: special edition;
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rights violations: case studies of successful celebrating 20 years of the Convention of the
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yy http://www.unicef.org/publications/files/Child_ 2012. yy Steinitz L. The way we care: a guide for
Protection_Information_Sheets.pdf. Retrieved in managers of programs serving vulnerable
yy Inter-agency guiding principles on unaccompanied children and youth. Arlington, VA: Family Health
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and separated children. International Committee International, 2009.
yy Child Welfare Information Gateway. What is child of the Red Cross (ICRC); 2004.
abuse and neglect [factsheet]. Washington, DC: yy http://www.fhi360.org/NR/rdonlyres/erwroyetr
yy http://www.icrc.org/eng/assets/files/other/ fw6y2353jvkvnuazbbanipmgu2npaz5jbsj574t3g
U.S. Department of Health and Human Services,
icrc_002_1011.pdf. Retrieved in August 2012. 6bv2ad ywawpqqklp6yxj6yxpu4cg/TheWayWe
Administration for Children and Families; 2008.
Care.pdf. Retrieved in August 2012.
yy Long S. Protecting children affected by HIV
yy www.childwelfare.gov/pubs/factsheets/
against abuse, exploitation, violence and yy UNICEF & Consortium for Street Children; 2012.
whatiscan.cfm. Retrieved in August 2012.
neglect [technical report]. Arlington, VA:
yy Clacherty G. Living with our bibi: a qualitative U.S. Agency for International Development, yy UNICEF child protection strategy. New York:
study of children living with grandmothers in AIDSTAR-One; July 2011 UNICEF; June 2008. http://www.unicef.org/
the Nshamba area of north western Tanzania. tdad/index_56031.html. Retrieved in August
yy Moore K. Children in poverty: trends, 2012.
Federal Way, WA: World Vision; Geneva:
consequences, and policy options. In: Zakia
Regional Psychosocial Support Initiative

Photo credits: p. 1, Jessica Scranton; p. 3, iStockphoto, p. 8, iStockphoto; p. 9, Bill Denison; p. 11, Jesicca Scranton, p. 14, iStockphoto; p. 17, iStockphoto;
p. 19, Christopher Ashford; p. 22, Jessica Scranton

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23 Child Protection Toolkit
appendixes

Appendix 1
Thematic Clusters of the Rights of the Child44

Civil rights and freedoms (Articles 7, 8, 13–17, and 37[a]) is the category of rights which deals
with “first generation rights,” including the right to a name and nationality; the preservation
of identity; freedom of expression; freedom of thought, conscience and religion; freedom of
association and peaceful assembly; protection of privacy; access to appropriate information;
and the right to not be subjected to torture or other cruel, inhuman or degrading treatment or
punishment.

Family environment and alternative care (Articles 5, 18[1–2], 9-11, 19–21, 255, 27[4], and 39)
are those articles which deal with parental guidance and responsibilities, as well as processes
and procedures for maintaining family unity and reunifying families. This cluster also deals with
illicit transfer and non-return, as well as unaccompanied minors and adoption. Importantly, the
right to psychosocial recovery and reintegration is also included here.

Basic health and welfare (Articles 6, 18[3], 23, 24, 26, 27[1–3]) clusters protections of a
child’s rights to the enjoyment of the highest attainable standard of health, standard of living,
and facilities for treatment and rehabilitation.

Education, leisure and cultural activities (Articles 28, 29, 31) have been grouped to give
attention to education, including vocational training and guidance, and to require measures to
be undertaken at the national level to ensure that the aims of education are child-friendly and
that leisure, recreation and cultural activities are provided for.

Special protection measures (Articles 22, 38, 39, 40, 37 [b]–[d], 32–36) bring together
rights of refugee children; children in emergencies; children involved with the system of
administration of juvenile justice; children in situations of exploitation, including physical and
psychological recovery and social reintegration; and children belonging to a minority or an
indigenous group.

44. The framework for the protection, care and support of orphans and vulnerable children in a world with HIV and AIDS. New York:
UNICEF; July 2004.

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24 Child Protection Toolkit
Appendix 2:
International Guidelines and Protocols Relevant to Child Protection45

Convention on the Elimination of All Forms of Discrimination against Women


1979
(United Nations)

1989 Convention on the Rights of the Child (United Nations)

Hague Convention on Civil Aspects of International Child Abduction


1990
(United Nations)

1990 African Charter on the Rights and Welfare of the Child (African Union)

Hague Convention on Protection of Children and Co-Operation in Respect


1993
of Inter-Country Adoption (United Nations)

1999 Convention on the Worst Forms of Child Labor (United Nations)

Optional Protocol to the Convention on the Rights of the Child on the Sale
2000
of Children, Child Prostitution, and Child Pornography (United Nations)

Optional Protocol to the Convention on the Rights of the Child on the


2000
Involvement of Children in Armed Conflict (United Nations)

Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially


2000
Women and Children (United Nations)

2007 Convention on the Rights of Persons with Disabilities (United Nations)

Resolution 1820 on sexual violence against civilians in conflict (United


2008
Nations)

2009 Guidelines for the Alternative Care of Children (United Nations)

45. L
 ong S. Protecting children affected by HIV against abuse, exploitation, violence and neglect [technical report]. Arlington, VA: United
States Agency for International Development AIDSTAR-One, July 2011.

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25 Child Protection Toolkit
Appendix 3
Signs of child abuse and neglect46

Type Signs

Physical yy Frequent injuries or unexplained bruises, welts, or cuts


abuse yy Is always watchful and “on alert,” as if waiting for something bad to happen
yy Injuries appear to have a pattern such as marks from a hand or belt
yy Shies away from touch, flinches at sudden movements, or seems afraid to go home
yy Seems frightened of the parent or caretaker
yy Wears inappropriate clothing to cover up injuries, such as long-sleeved shirts on
hot days

Emotional yy Excessively withdrawn, fearful, or anxious about doing something wrong


abuse yy Shows extremes in behavior (extremely compliant or extremely demanding;
extremely passive or extremely aggressive)
yy Is defensive, shy or overly dependent
yy Uses abusive and demeaning language
yy Doesn’t seem to be attached to the parent or caregiver
yy Acts either inappropriately adult (taking care of other children) or inappropriately
infantile (rocking, thumb sucking, throwing tantrums)
yy Is delayed in physical or emotional development
yy Has attempted suicide

Sexual yy Trouble walking or sitting


abuse yy Wets the bed or has nightmares
yy Displays knowledge of or interest in sexual acts inappropriate to his or her age, or
even seductive behavior
yy Makes strong efforts to avoid a specific person, without an obvious reason
yy Doesn’t want to change clothes in front of others or participate in physical activities
yy An STD or pregnancy, especially under the age of 14
yy Runs away from home

Neglect yy Clothes are ill fitting, filthy, or inappropriate for the weather
yy Begs or steals food or money
yy Hygiene is consistently bad (unbathed, matted and unwashed hair, noticeable
body odor)
yy Untreated illnesses and physical injuries
yy Lacks needed medical or dental care and immunizations
yy Is frequently unsupervised or left alone or allowed to play in unsafe situations and
environments
yy Is frequently late or absent from school

46. Drawn from Helpguide.org, “Child Abuse and Neglect: Recognizing and Preventing Child Abuse,” www.helpguide.org/mental/child_
abuse_physical_emotional_sexual_neglect.htm;, and from Steinitz L. “The Way We Care: A Guide for Managers of Programs Serving
Vulnerable Children and Youth; Arlington, VA: Family Health International; 2009.

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71 Fifth Avenue, 6th Floor
New York, NY 10003 USA
T 1.212.243.1110

Boston, MA Office
30 California Street
Watertown, MA 02472 USA
T 1.617.926.9400

Asia-Pacific Regional Office


19th Floor, Tower 3
Sindhorn Building
130-132 Wireless Road
Kwaeng Lumpini, Khet Phatumwan
Bangkok 10330, Thailand
T 66.2.263.2300
F 66.2.263.2114

South Africa Office


2nd Floor, 339 Hilda Street
Hatfield 0083
Pretoria, South Africa
T 27.12.423.8000
F 27.12.342.0046

www.fhi360.org

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