What is the definition of Child & Child Abuse?
Everyone under the age of 18 is considered a child. It is emphasized in the first article of the Universal Children’s Rights Convention that everyone under the age of 18 is a child and they should have all the rights mentioned in this charter. Here, we strongly discuss Child Abuse and related situations. There, Child abuse is any type of wrongful act against a child that affects his or her physical and mental health.
Here, Child abuse has been defined by UNICEF as follows, “State parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of Physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse while in the care of the parent (s), legal guardian (s) or any other person who has the care of the child”.
Types of child abuse…
When talking about child abuse, the idea that exists in many people is that abuses are committed against children, but the World Health Organization (WHO) points out that child abuse takes place through 4 methods. That is, physical abuse, sexual abuse, mental abuse, and neglect happen and all these investments can happen within the child’s family. Because the basic framework of the child’s life is tied around his family. Accordingly, physical abuse is the abuse which is abused children physically. For example, actions such as hitting, not giving food and drink, and kneeling can be pointed out. Also, Dr. Thush Wickramanayake, the chairperson of the organization called, “Lama Hinsanayata Thita” has said that many adults act to release the physical abuse of a child during their childhood in front of their children after he becomes as an adult.
Cruelty against children occurs primarily at the hands of the child’s family and loved ones and there is a strong possibility that children will be physically abused by parents, relatives, or the child’s loved ones when they unleash their immediate anger on children. Besides that, bad touch also falls under physical abuse, because the child can be physically distressed and uncomfortable through touch. In other words, children are often subjected to mental abuse without the knowledge of adults. For example, criticizing a child’s behavior, scolding the child’s ability, or making him feel uncomfortable can be pointed out. Apart from this, mental abuse also occurs by scolding children with different disabilities, making fun of them, and calling them different names. Another way, children are abused is through neglect. It happens knowingly or unknowingly at the hands of adults and today’s society bears witness to the fact that it happens constantly. Not listening to the child, not feeding the children, not giving proper education, neglecting the health status and not providing the necessary care to the children are possible cases of abuse or neglect.
Sexual abuse can be pointed as the most severe form of abuse of children. Worldwide, 2 out of 10 girls and 1 out of 10 boys have been sexually abused in childhood. However, these statistics indicate that cases of sexual abuse may be underreported. And many cases may go unreported due to various reasons. Such as shame, fear, social attitudes, ignorance, etc. Child sexual abuse is the intentional exposure of a child to some form of sexual activity; usually by an adult or an older relative or child often to satisfy their own desires. The types of sexual abuse are like that, exposing oneself or masturbating in front of a child, fondling or touching the sexual or erogenous zones, sexual penetration of the vagina, anus, and mouth by other objects, sex trafficking, fondling, voyeurism, and using a child to produce pornography etc. In this way, we can clearly see that children are severely abused through mental, physical, and sexual methods like this.
The situation in Sri Lanka and the world…
It is clear that Sri Lanka is facing a country-wide crisis of child abuse as reports of child abuse continue to be reported across the country with alarming frequency. In the first 60 days of 2020, the National Child Protection Authority has received an influx of over 2500 cases of child abuse and as of July 2020, the number of reported cases is 5242. On average, in 1929, their hotline to report child abuse receives only 40 such complaints a day.A Non–Profit Trust to Stop Child Abuse says that by the end of 2017, the Attorney General’s Department had more than 17000 child abuse cases pending for as long as 10 years. This figure is believed to have increased to over 20000 by the end of 2018. A survey by the National Child Protection Authority later revealed that more than 80% of students had experienced at least one episode of corporal punishment.
These statistics indicate an extremely dangerous situation and these are only the reported statistics; there are many more unreported incidents. It is a problem whether this has not created a state of confusion in Sri Lanka. At present, it is clear that Sri Lanka is facing a crisis of child abuse. Because according to migration registers, there has been a large increase in the statistic of abused children recently. Many other statistics remain unreported. A large number of child abuses remain unreported in rural areas due to illiteracy, lack of funds, fear of reporting incidents, and ignorance of the procedure to file a complaint. Furthermore, it appears that in many areas of Sri Lanka, children who have been victims of abuse and violence do not have access to rehabilitation and support services.
There is a very weak level of law enforcement in Sri Lanka against child abusers. Because of this, many child abusers get away with the law. This has become a very dangerous situation. For example, the authorities have followed a very slow policy regarding a person who has been accused of sexually abusing many children which is the greatest child sexual abuse in Sri Lanka, and recording the sexual abuse on CDs and selling them to perverts in Europe, America and Australia. Even the investigation done so far about the Sri Lankan doctor who living in Australia has not been given to the Australian authorities yet.
Furthermore, serious child abuse situations such as the sudden death of a girl who was used as a servant in the house of Mr. Rishard Badurdeen; a member of parliament of Sri Lanka, the rape and murder of the girl Seya and the gang rape and murder of the girl Vidya can be pointed out and these are some of the reported situations. It is just that there are a huge number of unreported cases and the lack of proper remedies and legal conditions have not been implemented so far.
In explaining the world situation, globally is estimated that up to 1 billion children aged 2 – 17 years have experienced physical, sexual, or emotional violence or neglect in the past year. Child abuse has spread globally at the present time and although almost every country has tightened the rules and punishments; it is not possible to see a decrease in the situation. Violence against children has lifelong impacts on the health and well–being of children, families, communities, and nations. Violence against children can result in death lead to severe injuries, impair brain and nervous system development, result in negative coping and health risk behaviors, and lead to unintended pregnancies, etc.
Implementation and enforcement of laws, norms and values change, safe environments, parental and caregiver support, income and economic strengthening, response services provision, and education and life skills are seven strategies for ending violence against children which are recommended by WHO.However, child abuse such as child labor, torture, and sexual abuse can be seen all over the world today. For these too, it should be asked whether various laws and regulations have been brought at the international level and whether they are implemented systematically or not.
Institutions and Laws related to Abuse…
At present, the process of child abuse is increasing rapidly in Sri Lanka. There are government institutions as well as local and foreign non – governmental organizations working against child abuse. Those institutions deal with child abuse in Sri Lanka and through the systematic implementation of their legal systems and regulatory conditions; efforts have been made to control child abuse in Sri Lanka to some extent. However, despite the existence of proper procedures, rules, and regulations in these government institutions; due to the lack of proper and systematic implementation in relation to the abuse of children Sri Lanka is on the rise. These situations have been affected by the delay in their implementation after receiving a complaint and the slow action policy of government institutions. Apart from this, organizations, such as Stop Child Cruelty (SCC), Asia Pacific Management Institute (APMI), and United Human Rights Organization (UHRO) are also functioning as non-governmental organizations.
There are many organizations dealing with child abuse at the international level as well. At the international level too, there are many organizations dealing with child abuse at any degree. UNICEF can be pointed out as the international-level organization that primarily works there. It is an affiliated organization of the United Nations and thus works strongly in relation to aspects such as the protection, nutrition, and education of the children of the world. ECPAT International, Child Rights International Network (CRIN), Defense for Children International (DCI), PLAN International, and Save the Children can be shown as non – governmental organizations in the world.
Conclusion
Child abuse is a widespread theme. Child abuse is widespread not only in Sri Lanka but globally. Moving forward in today’s society, it appears that child abuse has increased rapidly and the holy society is moving away from the social order and back to a stone age society. Although there are various institutions, rules, systems, punishments, and regulations regarding child abuse; it is a problem how far they have been successful. However, it is possible to get out of such situations by building a civilized society. Further, this kind of situation can be prevented in the proper implementation of the existing legal conditions, regulations, and authorities and there is no doubt that a safe tomorrow can be created for the child through the control of the existing conditions.
Penned by : B. P. Imesh Dilthara
Rotaract Club of Faculty of Law University of Colombo 