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A new age for child protection--General Comment 13: why it is important, how it was constructed, and what it intends?
Stuart N Hart1, Yanghee Lee, Marie Wernham
1International Institute for Child Rights and Development, Centre for Global Studies, University of Victoria, PO Box 1700 STN CSC, Victoria BC, Canada.
Insights
Global child protection efforts are inadequate, necessitating a paradigm shift. General Comment 13 (GC13) offers a child rights approach to prevent violence and ensure children's well-being.
Area of Science:
- Child Protection Studies
- Human Rights Law
- International Relations
Background:
- Children worldwide face significant physical, psychological, and sexual violence.
- Existing child protection systems are often inadequate, requiring transformative change.
- International concern has grown, highlighted by the 2006 Study on Violence Against Children.
Purpose of the Study:
- To explicate General Comment 13 (GC13) on the child's right to freedom from all forms of violence.
- To advocate for a child rights approach in reformulating child protection policies and practices.
- To promote a paradigm shift in global child protection strategies.
Main Methods:
- Analysis of the historical context and rationale for GC13.
- Examination of the centrality of child rights in child protection.
- Review of the development process, holistic nature, and elements of GC13.
Main Results:
- GC13 provides a framework for fulfilling obligations under Article 19 of the UN Convention on the Rights of the Child.
- It champions a child rights-based approach emphasizing primary prevention and good childcare.
- GC13 supports securing the rights and well-being of all children.
Conclusions:
- A child rights-based approach, as embodied in GC13, is crucial for effective child protection.
- GC13 offers a mechanism for worldwide reformulation of child protection priorities.
- A comprehensive coordinating framework is recommended for GC13 implementation.
Abstract:
Children continue to be subjected to high levels of violence (i.e., physical, psychological and sexual maltreatment) throughout the world. International concern about violence against children has increased significantly during the last decade. A Study on Violence Against Children, encouraged by the UN Committee on the Rights of the Child, conducted under the auspices of the United Nations Secretary General and reported in 2006, has become a rallying call to improve child protection. Child protection practices and systems have been judged to be generally inadequate and, in some cases, destructive. It is widely recognized that business as usual-more of the same-will not do. A General Comment (guide to fulfilling obligations) for Article 19, the central conceptualization of child protection of the UN Convention on the Rights of the Child, has the potential to promote a worldwide reformulation of child protection priorities, policies, and practices by virtue of the infusion of a child rights approach. It can be a mechanism for framing and promoting the transformational change needed - for a genuine paradigm shift. Here, explication is given for the historical context, rationale, centrality of child rights, process of development, holistic nature, and primary elements of General Comment 13 (GC13): The child's right to freedom from all forms of violence. GC13 embodies and champions a child rights approach to child protection entailing strong support for proactive primary prevention, promotion of good child care, and a commitment to secure the rights and well-being of all children. A child rights-based, comprehensive coordinating framework is recommended for the implementation of GC13.
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