Child ProteCtion Toolkit Child Protection Basics

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Child Protection Toolkit Manual 1Child ProtectionBasics

Manual 1: Child Protection Basics, FHI 360 Child Protection Toolkit 2012 by FHI 360Suggested citation:Medrano T., Tabben-Toussaint A. Manual 1: Child Protection Basics, FHI 360 Child Protection Toolkit.Research Triangle Park, NC: FHI 360; 2012.Editor: Deborah McGillDesign: FHI 360 Design LabAcknowledgmentsThis manual is one of three that make up FHI 360’s Child Protection Toolkit. The toolkit was developedby Tanya Medrano, the organization’s senior technical officer for vulnerable children, with the support ofconsultant Anne Tabben-Toussaint.Many staff members at FHI 360’s headquarters in Research Triangle Park, North Carolina, and in theorganization’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, associatedirector 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 timeto 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 hersubstantial contributions to the toolkit. We would also like to thank Johannes van Dam, Program SciencesDirector, for supporting the development of this toolkit.

Child Protection Toolkit Manual 1Child Protection BasicsTable of ContentsiChild Protection ToolkitAcronymsiiKey Concepts and TermsiiIntroductionPurpose of the manualThe importance of child protectionStructure of the manualHow to use this manual11122Section 1: Understanding Child Protection1.1 C reating a protective environment for children1.2 A systems approach to child protection 1.3 Roles and responsibilities in the protection of children1.4 Child protection legal framework and principles 1.4.1 United Nations Convention on the Rights of the Child 1.4.2 O ptional Protocols to the Convention on the Rights of the Child3456778Section 2: Understanding Child Maltreatment2.1 Types of child maltreatment2.1.1 Child abuse2.1.2 Child neglect2.1.3 Child exploitation2.1.4 Child trafficking2.1.5 Violence against children hild recruitment by armed forces or groups 2.1.6 C2.1.7 Female genital mutilation/cutting actors that contribute to child maltreatment2.2 F2.2.1 Poverty2.2.2 Lack of parental or adult care2.2.3 Social stigma and discrimination2.2.4 Harmful gender norms; disability2.2.5 Lack of birth registration2.2.6 Child (also called early) marriage 2.3 Understanding child maltreatment through the ecological model2.4 Impact of maltreatment on children999101012121414141415151516161618Section 3: Children in Special Need of Protection3.1 Children living outside of family care3.2 Children living with elderly caregivers3.3 Children living with HIV3.4 Children with disabilities3.5 Children in conflict with the law3.6 Separated children in times of emergency19192020212121References23Appendixes24

AcronymsAIDS acquired immunodeficiency syndromeCBOcommunity-based organizationCOcountry officeCPchild protectionCPSchild protection systemCRC Convention on the Rights of the ChildFGM/Cfemale genital mutilation/cuttingGBVgender-based violenceHIVhuman immunodeficiency virusILO International Labour OrganizationIPimplementing partnerNGOnongovernmental organizationPEPFAR President’s Emergency Fund for AIDS ReliefSTIssexually transmitted infectionsUNUnited NationsUNICEF United Nations Children’s FundWFCLworst forms of child laborKey Concepts and TermsChild: The United Nations Convention of theRights of the Child defines a child as a humanbeing younger than 18, unless majority underthe law applicable to the child is attained earlier.Child abuse: Child abuse is any deliberatebehavior or action that endangers a child’shealth, survival, well-being and development.There are three types of child abuse:physical, emotional and sexual. Neglect is alsoconsidered a form of child abuse.Child exploitation: Child exploitation is theuse of children for someone else’s economicor sexual advantage, gratification or profit,often resulting in unjust, cruel and harmfultreatment of the child.Child labor: Child labor is unpaid and paidactivities that are mentally, physically,emotionally, socially or morally dangerousand harmful to children. It is the kind of workiiChild Protection Toolkitthat interferes with the development andeducation of children.Child maltreatment: All forms of physicaland/or emotional ill-treatment, (sexual) abuse,neglect or negligent treatment or commercialor other exploitation, resulting in actual orpotential harm to the child’s health, survival,development or dignity in the context of arelationship of responsibility, trust or power.Child marriage: Also referred to as earlymarriage, this term refers to any marriageof a child younger than 18 years old, inaccordance with Article 1 of the Conventionon the Rights of the Child.Child neglect: Neglect is the persistent failureof a parent or adult caregiver to provideappropriate care to a child, despite being ableto do so. There are different types of neglect:physical, medical, emotional and educational.

Child protection: This is a broad termused to describe efforts that aim to keepchildren safe from harm. The United NationsChildren’s Fund (UNICEF) uses the term“child protection” to refer to preventing andresponding to violence, exploitation andabuse against children.Child protection system: A child protectionsystem consists of laws and policies,meaningful coordination across governmentdepartments and between sectors atdifferent levels, multiple governmental andnongovernmental actors working in synergy,knowledge of and data on child protectionissues and good practices, minimumchild protection standards and oversight,preventive and responsive services, a skilledchild protection workforce, adequatefunding, children’s voices and participationand an aware and supportive public.A CPS incorporates subsystems for theadministration of foster care and juvenilejustice. A CPS also intersects with globalsystems in such domains as education,justice and health. The synergies amongthe components of a CPS and between aCPS and its subsystems and related globalsystems are essential for child protection.Child trafficking: Child trafficking is therecruitment, transportation, transfer,harboring or receipt of children for thepurpose of exploitation.Child well-being: Child well-being can beunderstood as the quality of a child’s life. Itis a dynamic state that is enhanced whena person can fulfill his or her personal andsocial goals. A wide variety of domainsand measures are used to assess levels ofchildhood well-being. The United NationsChildren’s Fund uses six dimensions: materialwell-being, health and safety, education,peer and family relationships, behaviors andrisks, and children’s own subjective sense ofwell-being.Discrimination: Bias or prejudice resultingin denial of opportunity, or unfair treatment.Discrimination is practiced commonly on thegrounds of age, disability, ethnicity, origin,political belief, race, religion, and gender —factors that are irrelevant to a person’scompetence or suitability.iiiChild Protection ToolkitFemale genital mutilation (FGM): Femalegenital mutilation (also referred to as cutting)refers to all procedures involving partial ortotal removal of the external female genitaliaor other injury to the female genital organsfor nonmedical reasons.Foster care system: A foster care systemaims to provide a temporary home to childrenwhose parents or relatives cannot take care ofthem. However, the ultimate goal is to reunitethe child with his or her family.Gender norms: Gender norms refer to theexpectations constructed by society orculture for how women or girls and menor boys are supposed to behave, think andfeel. Harmful gender norms increase thevulnerability of girls and women to violence,poverty and disease.Hazardous labor: Hazardous labor is anyactivity or occupation that has or leads toadverse effects on a child’s safety, health andmoral development.Juvenile justice system: A juvenile justicesystem is a network of agencies that dealwith young people whose conduct has comein conflict with the law. These agenciesinclude police, prosecutor, detention, courtand probation. The focus of the juvenilejustice system is to rehabilitate rather than toimprison and punish.Optional protocol: An optional protocol is atreaty that complements and adds to an existinghuman rights treaty. Only states that havealready agreed to be bound by a parent treatymay choose to be parties to optional protocols.Sexual exploitation: Practice by which aperson, usually an adult, achieves sexualgratification, financial gain or advancementthrough the abuse or exploitation of achild’s sexuality.Social stigma: Social stigma refers toprejudice and negative attitudes towardpeople whose personal characteristicsor beliefs are perceived to be different oragainst cultural norms. Social stigma oftenleads to acts of discrimination.Violence against children: Violence againstchildren is defined as all forms of physical ormental injury, abuse, neglect or exploitation.

INTRODUCTIONPurpose of the manualFHI 360 developed Child Protection Basics toeducate its country program staff and the staff oflocal implementing partners on the fundamentalaspects of child protection (CP). The manual isintended for everyone involved in programmingfor vulnerable children, from senior managementstaff to community volunteers.Every child has the rightto be safe from harm.Nevertheless, every yearthe lives and physical,mental and emotionalwell-being of millionsof children around theworld are threatened bymaltreatment such asabuse, neglect, violenceand exploitation.Child Protection Basics is the first part ofFHI 360’s Child Protection Toolkit. The toolkitalso contains:yy Guidelines and Programming Options forProtecting Children in Community-basedCare and Support Programs. This manualprovides guidelines on specific programmingstrategies and interventions that can beimplemented at the child, family, communityand government level to protect children.yy Guidelines for Becoming a SafeOrganization for Children. This documentprovides guidance on implementing CPpolicies and procedures at the institutionallevel to protect children from intentional orunintentional harm.The toolkit will strengthen the capacity of FHI360 country programs and their local partnersto effectively integrate and address childprotection issues in community-based care andsupport programs and other interventions onbehalf of vulnerable children.The Importance of childprotectionEvery child has the right to be safe from harm.Nevertheless, every year the lives and physical,mental and emotional well-being of millions ofchildren around the world are threatened bymaltreatment such as abuse, neglect, violenceand exploitation. Studies from around theworld show that approximately 20 percentof women and 5 to 10 percent of men reporthaving been sexually abused as children. Otherstudies show that between a quarter and ahalf of all children report severe and frequentphysical abuse.1 In addition, it is estimated that215 million children are involved in child labor,which is a form of child exploitation; 115 millionof them are involved in hazardous work.2These are only some of the staggering figuresthat show the magnitude of child protectionviolations around the world. They are underrecognized and under-reported and constitutebarriers to the fulfillment of children’s humanrights. They also undermine children’s healthydevelopment and survival.3These violations occur in every country, cultureand social and economic group. However,children whose parents or caregivers areabsent owing to illness, death or abandonmentare more vulnerable to maltreatment, becausethey have lost their first line of protection.1. Butchart A, Harvey, A. Preventing child maltreatment: a guide to taking action and generating evidence. Geneva: World HealthOrganization; 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 rightsat work. Geneva: International Labour Organization; 2010.1Child Protection Toolkit

Children in this category are those who haveor are affected by HIV, which is a primary focusof the community-based care and supportprograms of FHI 360 and its implementingpartners (IPs) around the world.In the context of care andsupport programs, vulnerablechildren are children andadolescents (ages 0 to 17)who are negatively affectedby a combination of healthand socioeconomic factorscreated or exacerbated byHIV and AIDS. Examples areextreme poverty, lack of adultcare and protection, lack ofaccess to basic services andstigma and discrimination.These vulnerability factorscan also increase the risk forHIV infection among children,especially among adolescents.These children are commonlyreferred to as orphans andother vulnerable children(OVC). This manual will usethe simpler term vulnerablechildren (VC). FHI 360considers this term to beinclusive of all children whomay be vulnerable in thecontext of the HIV epidemicand less stigmatizing for thosewho are orphans.This manual also uses theterm children affected byHIV. This is used to refer tochildren and adolescentsbetween the ages of 0 and 17who either are living with HIVor whose parents are sick orhave died from AIDS.Protecting children made vulnerable by thisepidemic is a priority for the internationalcommunity. In June 2006, for example, theGeneral Assembly of the United Nations(UN) issued a “Political Declaration on HIV/AIDS.” This document affirmed governmentcommitment to “addressing as a priority thevulnerabilities faced by children affected byand living with HIV; providing support andrehabilitation to these children and theirfamilies, women and the elderly, particularlyin their role as caregivers; promoting childoriented HIV and AIDS policies and programsand increased protection for childrenorphaned and affected by HIV and AIDS;.andbuilding, where needed, and supporting thesocial security systems that protect them.”4In addition, many international andnongovernmental organizations (NGOs),including FHI 360, have endorsed “TheFramework for the Protection, Care andSupport of Orphans and Vulnerable ChildrenLiving in a World with HIV and AIDS.” Thisdocument, published by the United NationsChildren’s Fund (UNICEF) in 2004 and oftenreferred to as “the Framework,” outlines keystrategies and actions.5 And in October 2005,UNICEF launched the Unite for Children, Uniteagainst AIDS global campaign. Among thecampaign’s central goals are the protection,care and support of children affected by HIV.Community-based care and support programsfor children living with and affected by HIVprovide unique opportunities for FHI 360country programs and local IPs to protectchildren. These programs connect with themost vulnerable children in poor communities.Moreover, their child-focused, family-centeredand community-based approaches facilitatethe implementation of CP interventions atthree key levels: the child, the family6 and thecommunity.7 As implementer of large-scaleprograms for vulnerable children, FHI 360 oftenalso has the opportunity to work at the nationallevel, supporting governments in strengtheningnational child protection systems.Structure of the manualChild Protection Basics has three mainsections:1. Understanding child protection: Thissection describes key CP concepts andterms, the reasons why children need tobe protected, the roles and responsibilitiesof key stakeholders in the protectionof children and the international legalframework and principles that protectchildren.2. Understanding child maltreatment:This section describes the differenttypes of child maltreatment, factors thatcontribute to make children vulnerableto maltreatment and the impact thatmaltreatment has on children.3. Children in special need of protection:This section identifies subgroupsof children who may be particularlyvulnerable to maltreatment and in need ofextra protection within community-basedcare and support programs.How to use this manualThis manual was designed primarily as a selfstudy tool. Program managers can distributeit to their staff for self-study and then holdgroup sessions for discussion and learningreview. The manual can be a useful referencefor the design of CP trainings, the design ofnew programs and the elaboration of projectproposals. It can also be used to strengthenCP efforts within ongoing community-basedcare and support programs.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;2009. http://www.unicef.org/rightsite/sowc/ Retrieved in August 2012.4. Enhanced protection for children affected by AIDS: a companion paper to the framework for the protection, care and support of orphansand vulnerable children living in a world with HIV and AIDS. New York: UNICEF; 2007.5. 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 ProgramGuidelines: 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 structurethat allows them to have a common identity as a group. From FHI Program Guidelines: Vulnerable Children and Youth; August 2010.2Child Protection Toolkit

Section 1:Understanding Child ProtectionChildren who aremaltreated are atincreased risk of lifelongdevelopmental challenges,HIV infection and otherphysical, emotional andsocial problems.Child protection (CP) is a broad term usedfor efforts to safeguard children fromactions or situations that place their healthydevelopment and well-being at risk. FHI 360follows UNICEF’s definition of CP, whichis to “prevent and respond to violence,exploitation and abuse against children.”The dimensions of CP are measures andstructures that prevent and respond tophysical, sexual, emotional or psychologicalabuse,; commercial sexual exploitation; childtrafficking; child labor; abuse in the home,school, and community; and harmful andabusive traditional practices, such as femalegenital mutilation (FGM; also known ascutting) and child marriage.Children need to be protected, becausethey are physically, mentally and emotionallyimmature and unable to adequately protectthemselves. The younger a child is, the morecare and protection he or she will need. Forinstance, during the first five years of lifechildren are particularly vulnerable and theirsurvival and well-being depend primarilyon their parents or other adult caregivers.As children grow, their physical, cognitiveand socioemotional capabilities evolve andmature, but children are still not fully capableof protecting themselves.3Child Protection ToolkitChildren who are maltreated are at increasedrisk of lifelong developmental challenges,HIV infection and other physical, emotionaland social problems. Moreover, theseoutcomes compromise the economic andsocial development of societies, so protectingchildren from harm is a vital aspect ofdevelopment programs. The second sectionof this manual discusses the consequences ofchild maltreatment in detail.Because of its complexity, CP must bemultidisciplinary and multisectoral. EffectiveCP involves working with a wide range offormal and informal bodies: governments,multilateral agencies, donors, communities,caregivers and families. It also dependson close partnership with children andinitiatives to strengthen children’s capacityto protect themselves (see the documentGuidelines and Programming Options forProtecting Children in Community-basedCare and Support Programs for examples).A successful CP system strengthens thecapacity of all these actors to protectchildren for the long term, addressing rootcauses of maltreatment such as chronicpoverty, insecurity, power imbalances(gender inequality, for example) and harmfultraditional attitudes and behaviors.

1.1 Creating a protectiveenvironment for childrenThe protective environment frameworkdeveloped by UNICEF (see Figure 1) is anexample of a multidisciplinary, multisectoraland holistic, approach to CP. It is a usefulframework for FHI 360 country offices (COs)and IPs to consider when they implement CPinterventions in community-based care andsupport programs.This framework is the basis of UNICEF’sstrategy to protect children frommaltreatment. According to UNICEF, aprotective environment is one where allactors — from children and health workersto governments and the private sector —live up to their responsibilities to ensurethat children are protected from abuseand exploitation. A protective environmenthas eight key elements. Absent any one ofthem, children are more vulnerable to abuse,violence, discrimination and violation of theirrights.8 These elements are:1. Attitudes, traditions, customs, behaviorand practices: Children are not safein societies where norms or traditionsfacilitate abuse. For example, social normsthat tolerate adults having sex with minorsFigure 1.Protective environment frameworkICTFTRAFICKINGonlatigisLeALS E X U AT I O NITOLPEXProtectiveEnvironmentVIOLENCEOpencu ssi o nsiceerv onal SiEssenti litatbi& Re h aLABOURAttitudesentrnmve itmentsoG mmCoDisNFLMonand R itoriepo ngrtingCOCo Capmm a cit yunity of& Familyn’sdreC h il k i l l ssLifeCHIPRIMLDRENWARYCAR ITHOUTEG I VE RSSource: Enhanced Protection of Children Affected by AIDS. A Companion Paper to The Framework for theProtection, 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.or violence against children facilitateabuse. Children affected by HIV are morevulnerable to abuse and exploitation insocieties that discriminate against thembecause of their status. Children are morelikely to be protected in societies whereall forms of maltreatment of children aretaboo and where the rights of children arebroadly respected by customs and tradition.2. Governmental commitment to fulfillingprotection rights: This is an essentialelement of a protective environment.Governments need to show commitmentto creating, enforcing and implementingstrong legal frameworks that comply withinternational legal standards, policiesand programs.3. Open discussion and engagement withCP issues: Above all, children need tobe free to speak up about CP concernsaffecting them or other children. At thenational level, media attention and civilsociety engagement with child protectionissues strengthen a protective environment.Nongovernmental organizations (NGOs)need to make protection a priority. Thesilence must be broken.4. Protective legislation and enforcement:An adequate legislative frameworkdesigned to protect children from abusemust be not only adopted but alsoimplemented and enforced.5. The capacity of people in routine contactwith children to protect them: Healthworkers, teachers, police, social workersand many others who interact withchildren need to be equipped with themotivation, skills and authority to identifyand respond to child protection abuses.6. Children’s life skills, knowledge andparticipation: Children are less vulnerableto abuse when they are aware of their rightnot to be exploited or of services available toprotect them. With this information, childrencan draw upon their knowledge, skills andresilience to reduce their risk of exploitation.8. Child protection from violence, exploitation and abuse [fact sheet]. New York: UNICEF; May 2006. Available fromhttp://www.unicef.org/protection.4Child Protection Toolkit

7. Monitoring and reporting of childprotection issues: An effective monitoringsystem records the incidence and natureof child protection abuses and allows forinformed and strategic responses.The CP system approachlooks at the circumstancesthat challenge children’swell-being as a web ofthreats rather than takingthem one by one.A CP system incorporatessubsystems for theadministration of fostercare and juvenile justice. ACP system also intersectswith global systems in suchparallel domains as education,justice and health, becausethese systems have acommon interest in securingchildren’s fundamental rights.The synergies among thecomponents of a CP systemand the synergies between aCP system and its subsystemsand related global systems areessential for child protection.8. Services for recovery and reintegration:Child victims of any form of neglect,exploitation or abuse are entitled to careand nondiscriminatory access to basic socialservices. These services must be providedin an environment that fosters the health,self-respect and dignity of the child.Key to understanding the protectiveenvironment approach is recognizing that CPcuts across all sectors, because even strong,physically healthy children can be victims ofabuse. A well-nourished and immunized childwho is beaten is not a healthy child. A younggirl who is sexually harassed in school orsexually abused at home is not likely to learn.Children will never be free from exploitationuntil all levels of society — from the family tothe international community — work together.When any layer of the protective environmentis stripped away, a child becomes morevulnerable to exploitation, abuse and violence.1.2 A systems approach tochild protectionOver the past two decades, CP in developmentand in emergency situations (war and famine,for example) has improved significantly. Thedynamics of several protection problems,such as child trafficking and the impact of HIVon children, are clearer now. However, thefragmented approach to protection issueshas caused problems, because many childrencontend with multiple issues simultaneously.By addressing one issue and ignoringothers, most CP interventions have failed ascomprehensive solutions. Moreover, donorsand NGOs generally have not coordinatedtheir efforts well and governments have notunderstood CP as a sector in its own right.9Dissatisfied with such fragmentation, severalagencies that specialize in development andCP, including UNICEF and Save the Children,decided to implement an integrated andholistic strategy: the child protection system(CP system) approach.This innovation will change the way agenciesin the CP sector work. Because ideas aboutthe approach are evolving, what follows is abrief outline of some of the basic elements ofa CP system.The CP system approach looks at thecircumstances that challenge children’s wellbeing as a web of threats rather than takingthem one by one. It addresses all of the issuesthat children in multiple circumstances mightface and the structural and root causes ofgaps in prevention and response. The CPsystem approach brings together all of thecomponents of a global framework for theprotection of children. These componentssupport one another to form an interrelatedwhole: a system.Essential components of a childprotection systemyy laws and policiesyy meaningful coordination acrossgovernment departments and betweensectors at different levelsyy knowledge of and data on CP issues andgood practicesyy minimum standards and oversightyy preventive and responsive servicesyy a skilled CP workforceyy adequate fundingyy children’s voices and participationyy an aware and supportive public 10Child protection systems can be local,provincial, municipal and national. A nationalCP system should provide the overallframework and coordination for lowerranking CP systems. In an ideal CP system thedifferent jurisdictions are well coordinatedand mutually reinforcing. Active communityinvolvement in the protection of children is animportant part of any national CP system.An effective CP system needs to carry outa range of functions in order to deliver9. A ‘rough guide’ to child protection systems [draft]. London: Save the Children United Kingdom; 2009. Available 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; 2011.5Child Protection Toolkit

Children on the moveFigure 2.Example of the intersectingneeds of children served by achild protection ckedchildrenAbusedchildrenAll children benefiting from the child protection system“. . . Parents or, asthe case may be, legalguardians, have theprimary responsibilityfor the upbringing anddevelopment of the child.The best interests of thechild will be their basicconcern.”Article 18, United NationsConvention on the Rightsof the Childprotection from abuse, neglect, exploitationand violence. These are:yy functions related to decision making onbehalf of individual children (such as needsassessment, gatekeeping, investigation,placement and removal from andreintegration in families)yy functions that support the overallperformance of the system (such ascapacity building and professionaldevelopment, monitoring and evaluation,the allocation of human and financialresources, legal reform and policydevelopment, coordination among childprotection agencies and service providers,social mobilization)The way t

Child: The United Nations Convention of the Rights of the Child defines a child as a human being younger than 18, unless majority under the law applicable to the child is attained earlier. Child abuse: Child abuse is any deliberate behavior or

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