Child Protection Basics Guide
Child Protection Basics Guide
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.
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:
 Elizabeth Doggett, associate technical officer, research utilization (FHI 360/North Carolina)
 Gina Etheredge, technical advisor, strategic information (FHI 360)
 David Damara, associate director of the Balasahyoga program (FHI 360/India)
 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
                                 Table of Contents
                                 Acronyms	                                                                              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
References 23
Appendixes 24
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 i    Child Protection Toolkit
                                  Acronyms
                                  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.
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 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.
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INTRODUCTION
                                 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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                                  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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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
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                                                       Environment
                                                                                                  lati
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                                                                                             Op
                                                                                            cu s
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                                                                                             Dis
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       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
                                  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
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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
	7	
 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.
	8	
 8       Child Protection Toolkit
Section 2:
Understanding Child maltreatment
	9	
 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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 10    Child Protection Toolkit
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.
 	11	
  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.
 	12	
  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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 13    Child Protection Toolkit
                                                                                                         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.
                                  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.
	14	
 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.
	15	
 15    Child Protection Toolkit
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.
	16	
 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
	17	
 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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 18    Child Protection Toolkit
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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                                      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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                                  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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                                  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
References
yy A future without child labour. Geneva:                   (REPSSI); May 2008.                                      Fundamental Principles and Rights at Work.
   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
   Retrieved in August 2012.
                                                            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://
                                                                                                                      In: Innocenti Digest; 2007(13). Florence: UNICEF
   file_uploads/Gen24%20Rough%20Guide%20                    www.unicef.org/publications/files/Enhanced_
                                                                                                                      Innocenti Research Centre; 2007.
   to%20Child%20Protection%20Systems.pdf.                   Protection_for_Children_Affected_by_AIDS.pdf.
   Retrieved in August 2012.                                Retrieved in August 2012.                              yy http://www.un.org/esa/socdev/unyin/
                                                                                                                      documents/children_disability_rights.pdf.
yy Adapting a systems approach to child                  yy Guidelines for gender-based violence
                                                                                                                      Retrieved in August 2012.
   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.
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
1990 African Charter on the Rights and Welfare of the Child (African Union)
                                                       Optional Protocol to the Convention on the Rights of the Child on the Sale
                                    2000
                                                       of Children, Child Prostitution, and Child Pornography (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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                                  Appendix 3
                                  Signs of child abuse and neglect46
Type Signs
                                   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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