RECOMMENDATION
The Committee recommends that the State party create standard operating procedures to manage the child helpline, provide adequate training for the staff responding to the calls and actively encourage the use of the Helpline to report suspected cases of abuse.
| Recommendation No: | CRC-49 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee recommends that the State party create standard operating procedures to manage the child helpline, provide adequate training for the staff responding to the calls and actively encourage the use of the Helpline to report suspected cases of abuse. |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
Stakeholders
Ministry of Gender, Family & Social Services (MoGFSS)
Relevant Articles of the Constitution
35A - Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Relevant Legislation Articles
10 - Punishment given in schools must be appropriate to the age of the child and should not be physically or psychologically harmful to the child.
16 - Particular attention shall be given to prevent acts detrimental to integrity of children and acts of sexual abuse,exploitation and oppression against children. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to concerned government authority.
18 - No child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or
which may be detrimental to the health of the child.
25 - No persons shall commit an act that is detrimental to the integrity of children, nor shall any person commit an act of
sexual abuse, exploitation or oppression against the child. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to the concerned Government authority.
14 - 14. Acts that can be considered sex offences within this law shall not be deemed as an offence when carried out with a child with whom a person has entered into marital relations with as per Islamic principles.
3 - (a) It is an offence to intentionally touch a child’s body with a sexual intent.
(b) For the purpose of this clause, touching with a sexual intent shall mean touching in the following ways.
(1) Touching the child’s genitals, or touching any other sexual parts of a child’s body, or touching a part of the body that could provide sexual stimulation.
(2) Touching with the hand or using an object.
(c) Offence prescribed in (a) of this section shall be punishable with imprisonment for a period between 10 years and 14 years.
4 - (a) A person who causes a child to engage in a
sexual activity commits an offence.
(b) Offences prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 10 years and 14 years.
5 - (a) It is an offence to intentionally engage in a
sexual act in the presence of a child, or carryout
such an act in a manner visible to a child, or
carry out such an act with the intention of
exhibiting to a child, or believing that the act
would be visible to a child.
(b) Offences prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 7 years and 10 years.
6 - (a) It is an offence to force a child to watch the
commission of a sexual act, or to show images,
photograph, film, or part of a film depicting
such acts being carried out, or to make a child
listen to such acts being carried out.
(b) Offences prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 7 years and 10 years
7 - (a) It remains an offence, even where the offences
prescribed in Sections 3, 4, 5 or 6 of this law
are carried out by a child.
(b) Where a child referred to in (a) of this section (a) It remains an offence, even where the offences
prescribed in Sections 3, 4, 5 or 6 of this law
are carried out by a child.
(b) Where a child referred to in (a) of this section is 13 years of age, such a child’s punishment
shall be detention for a period not exceeding 5
years in a place suitable for detention of
children. If the child has not attained 13 years
of age at the time of commission of the offence,
the parents of the child shall be entrusted with
the child’s care and child shall be kept under
house detention for a period not exceeding 5
years.
8 - (a) It is an offence to intentionally arrange, assist
or facilitate or abet the commission of an
offence prescribed in Sections 3, 4, 5 or 6 of
this law, by a child.
(b) Offences prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 7 years and 10 years.
9 - (a) It is an offence for a person in a trustable
position to a child, to engage in a sexual act
with the child.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 15 years and 18 years.
10 - (a) It is an offence for a person in a trustable
position to a child, to cause a child to engage in
a sexual act.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 15 years and 18 years.
11 - (a) It is an offence for a person in a trustable
position to a child, to engage in a sexual act in
the presence of a child, with the intention of
exhibiting to a child.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 15 years and 18 years.
13 - For purposes of this law a person is deemed to be in a
position of trust to a child when the following
relationships exist between the person and the child.
(a) Childs mother or father.
(b) A legal guardian of the child.
(c) A person from the guardians of the child.
(d) Persons with whom it is forbidden to establish marital relations in Islam.
(e) A person who provides care or services to a
child under law.
(f) Person looking after detention centre where a
child is kept for investigation or where a child
is serving a sentence.
(g) A person of the house, where a child is kept.
(h) A person from a hospital, clinic, or a place
providing childcare services.
(i) A resident of the child’s house.
(j) A person from the facility where a child obtains
education from.
(k) A person from the child’s work place or place
where the child obtains work skills from.
(l) Person in a position to advise and provide
guidance to a child.
(m) Person entrusted with care of a child
14 - Acts that can be considered sex offences within this
law shall not be deemed as an offence when carried
out with a child with whom a person has entered into
marital relations with as per Islamic principles.
15 - (a) It is an offence to engage in a sexual act with a
child of a person’s family.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 20 years and 25 years.
16 - (a) It is an offence for a family member of a child,
to encourage a child to engage in a sexual activity.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 20 years and 25 years
17 - a) It is an offence to engage in sexual acts with a
child pledging to make payment, or to carry out
a sexual act with a child by creating an
expectation that payment would be made, prior
to carrying out the act.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 15 years and 21 years
(c) For purposes of this section “make payment”
refers to the award of financial or monetary
advantages, or the discharge on behalf of the
child an obligation of the child to pay and
includes discharge on behalf of the child an
obligation of the child to pay for goods and
services, and the gift of valuables and money.
18 - (a) A person commits an offence, if he
intentionally causes child prostitution, or
involves a child in the creation of pornography,
or where he creates pornographic material in
which a child’s sexual organ is displayed.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 20 years and 25 years
19 - (a) A person commits an offence, if he engages a child in prostitution, or participate a child in the
production of pornography using force, through
control or by restraining the free will of a child.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 20 years and 25 years
20 - (a) It is an offence to engage with, or cause a child
to engage in a sexual act, by administration of
an intoxicating substance or a substance to
stupefy, or cause a child to lose free will.
(b) For purposes of this section “administration of
a substance”, refers to giving food or drink or
any other form of ministration of something
into the body.
(c) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
of 25 years.
21 - (a) It is an offence for a person to enter a house or
a place where a child is staying, with the
intention of carrying out a sexual act.
(b) For purposes of this section, buildings and
empty spaces surrounding buildings, and land
transport vehicles, and sea transport vessels
shall fall within the meaning of “house” or
“place”.
(c) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 1 year and 10 years.
22 - (a) It is an offence for a person to display organs
that could be considered sexual organs to a
child or, stay exposing such organs to a child
over a person’s clothing.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
of 3 years.
23 - (a) Where an offence prescribed under this law is
committed against a child by more than one
person collectively, with collective intention
and objective, each person involved will be
deemed to have committed the offence
individually with the child, even if the level of
participation of persons vary.
(b) Offence prescribed in (a) of this section shall
be punishable with imprisonment for a period
between 20 years and 25 years.
24 - For purposes of this law a child under 13 years of age
shall not be deemed to be in a position to give
consent under any circumstance. Even where such a
child consents, for purpose of this law, such consent
shall be considered null and void.
25 - Unless established otherwise, it shall be deemed that
a child between the age of 13 and 18 years of age did not give consent to carryout sexual acts, and that the
sexual act was carried out without the child’s
consent.
part 1 to 10 - Domestic Violence Prevention
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICESCR Article 10 - The right to family protections, i.e., marriage only by consent, leave for new mothers and protection of children from exploitation.
CEDAW Article 6 - Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
CRC Article 34 - States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
CRC Article 35 - States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
CRC Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
CRPD Article 16 - Freedom from exploitation, violence and abuse
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Helpline