National Competence Center Warsaw 3 rd -4 th March 2011

1. National Competence CenterWarsaw 3rd-4th March 2011 Building up a network to fight against domestic violence - the Ombudsman for children as a catalyst Conference: I love. I do not hit. The whole Europe against child abuse Maja Gabelica Šupljika Deputy Ombudsman for Children Croatia

2. Purpose • to present the role of the Ombudsman for children in strengthening the protection of children against domestic violence in practice; • to present some our achievements

3. Aspects of domestic violence • corporal punishment • physical abuse • psychological violence • sexual violence • negligence • work exploitation

4. The role of the Ombudsman • Protecting, monitoring and promoting • Warning, recommendating and proposing • Requesting reports • Giving impetus for adoption or revision of laws • Cooperating with children • Educating about children's rights Coordinating and initiating participation and cooperation between diferent target groups

5. Realization of the role depends on: • Legal framework • Data • Obstacles/ shortcomings/problems

6. Legal framework • Convention of the Rights of the Child • Family law • Penal law • The Law on protectionagainst domestic violence • Protocol about the measures in thecase ofdomesticviolence • Strategies • Activity plans

7. Data • Ombudsman - ~12% of the complaints is on domestic violence • UNICEF – increase by 35% children suffering from domestic violence (2005-2009) • UNICEF – 81% children think that is not true that children are never battered and corporal punished • Ministry of interior affaires – in 2010 domestic violence against children constituted 25%

8. Obstacles/shortcomings/problems • Lack of awareness • Conflict of interest in various professions • Reality

9. Obstacles/shortcomings/problems Lack of awareness corporal punishment ≠ domestic violence corporal punishment is still justified and tolerated • court practice • measures of protection have been short term (prolonged after intervention of Ombudsman) • court measures and sanctions have not been as high as possible • social responsibility and lack of reporting (indifference of people) • lack of networking and coordination • various research/measures=various data • lack of efficient preventive programmes • different attitude of state prosecutors

10. Obstacles/shortcomings/problems Conflict of interest law obligation≠ professional ethics • Problems of ethics and confidence

11. Obstacles/shortcomings/problems Reality • Lack of accommodation for victims • Accomodation provided – but short term • Lack of treatment of the victim and of the violator • Lack of a network supporting victims and witnesses • Lack of child friendly environment for children who are victims and witnesses

12. ACHIEVEMENTS • The changes of interpretation of law • Conference and book: Disputed divorces • Program of parental responsibility for imprisoned parents • Recognition of World Day of prevention of violence against children on state level

13. 2007 2009 Thechangesofinterpretationoflaw • Parents have both the obligation and right to raise their children, so their right to discipline their small children physically must also be acknowledged, if they do not do so in a manner which humiliates the children, or causes them physical injury … The right to inflict (limited) corporal punishment may be granted by parents to another person, e.g. a grandparent, person employed to care for the children, or nursery school teacher…“ • While until recently it was acknowledged that parents and those to whom they had transferred their authority had the right to discipline children physically… in more recent times, the understanding has prevailed that parents do not have the right, under any circumstances, to discipline their children physically…According to the definition of corporal punishment it arises that any hand raised against a child is an example of physical violence, even a light tap on the bottom, which does not represent a physical injury… We do not take issue with this point of view, but it still does not mean that every hand raised against a child represents a criminal offence…“ WARNING Novoselec, General Criminal Law

14. Conferenceandbook: Disputeddivorces • manipulation of children in divorce proceedings • not allowing contact with another parent as psychological abuse • physical violation

15. Program of parental responsibility for imprisoned parents Conference and book “The rights of children whose parents are imprisond” Raised awareness Ministry of Justice + Ministry of Family Prisons + Family Centers

16. World Day for the Prevention of violence against children19th November • Recognised at the state level • Children's participation (“The Scars stay”)

17. Thank you for your attention www.dijete.hr info@dijete.hr