Article 19: Violence, abuse and neglect
Convention text
1.
Children are cared for by their parents or by others who are legally allowed to do so. In this context, the countries that have signed the Convention must protect children against all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse. These countries must take all appropriate social and educational measures to protect children.
2.
Such measures should, where appropriate, include programmes to support children and their parents or carers. They should also include procedures for the prevention, identification, reporting, investigation, treatment and follow-up of the forms of maltreatment described in paragraph 1, and, where appropriate, for involving the courts.
Key point
The government must protect children against all forms of violence, abuse and neglect.
Explanation
Every child has the right to be protected from abuse. Abuse means deliberately causing someone physical or emotional harm. This includes all forms of physical and emotional abuse and neglect, as well as sexual abuse and forcing children to do things that are not good for them, in order to benefit from it (exploitation). This right to protection applies everywhere, not only at home, but also at school and in public places. The government must do everything it can to prevent abuse. It must also ensure that children who have been abused receive care and treatment.
What is child abuse?
Child abuse can take many forms, and its consequences are often serious. Below, you can read more about what child abuse is and its effects.
1. Physical child abuse
Physical child abuse includes all forms of physical violence, such as hitting, kicking, biting, pinching, shaking a baby, or dropping a child. Smacking is also a form of physical violence, as it is prohibited by law in the Netherlands. Whatever a child does, they must never be hit.
2. Emotional or psychological child abuse
If parents or carers regularly insult, humiliate, bully or frighten a child, this is emotional or psychological child abuse. This also includes locking a child up or socially isolating them, preventing them from having contact with others.
3. Physical neglect
In cases of physical neglect, a child does not receive the care they need. This may include not meeting basic physical needs, such as food and drink.
4. Sexual abuse
If an adult touches a child in a sexual way, this is abuse. A child cannot refuse such contact, for example because the adult is stronger, puts emotional pressure on the child, or uses coercion or violence.
What are the consequences of child abuse?
Children who are abused suffer not only physical pain, but also emotional pain. The effects of abuse often last a lifetime, for example through feelings of low self-worth. Children who have been abused are also more likely to end up in situations where they are abused again. They are also at greater risk of later abusing or neglecting their own children.
Encourage children to talk about it
Children who are being abused often find it difficult to talk about it with someone. This may be because they feel ashamed or are afraid of being taken away from their parents. However, it is important that they are not left alone and that they receive help. If you suspect child abuse, call 112 if the child is in immediate danger. If you feel that something is wrong, that feeling is often correct. You may not be the first to notice something, but you may be the first to act. For example, talk about it with the parents or with the child. If this is not possible or not safe, seek advice from the Dutch child protection organisation Veilig Thuis. This service is available 24 hours a day and is free of charge. In cases of sexual abuse, you can contact the Dutch Sexual Assault Center. This service is also available 24 hours a day and is free of charge.
General Comment
There are also General Comments on the Convention that provide more information on this topic:
- General Comment No. 8 addresses the protection of children from corporal punishment and other cruel or degrading forms of punishment.
- General Comment No. 13 explains the right to protection from all forms of violence.
- General Comment No. 18 provides further guidance on children and harmful practices.