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Reply to Recommendation | Doc. 12473 | 24 January 2011
Children who witness domestic violence
1. The Committee of Ministers notes with
interest Parliamentary Assembly Recommendation 1905 (2010) on “Children who witness domestic violence”. It has
been brought to the attention of their governments and communicated
to the Ad hoc Committee on preventing and combating violence against
women and domestic violence (CAHVIO) and to the Council of Europe
“Building a Europe for and with children” transversal programme.
The recommendation has also been sent to the European Committee
on Legal Co-operation (CDCJ) and the European Committee on Crime
Problems (CDPC) for comments.
2. The Committee of Ministers welcomes the Assembly’s initiative
aiming at a reinforcement of multi‑disciplinary action to recognise
and address the situation of children witnessing domestic violence
which, as contended, is too often neglected.
3. It draws attention to the CDCJ’s 2008 report on non-criminal
remedies for crime victims, within which chapter 3 addresses vulnerable
victims including children and victims of domestic violence. This
chapter also recalls that Resolution
No. 2 on child-friendly justice adopted at the 28th Council
of Europe Conference of Ministers of Justice (Lanzarote, 2007) states
that “special attention and guarantees are required for child victims
or witnesses of crime to protect their welfare” and that this is
in line with the United Nations Guidelines on justice regarding
child victims and witnesses of crime, which specifically aim to
ensure that children who have been harmed by crime or who have witnessed
crime are adequately protected and treated fairly in courts.
4. The Committee of Ministers further notes that as a follow-up
to Resolution No. 1 on preventing and responding to domestic violence adopted
at the 29th Council of Europe Conference of Ministers of Justice
(18-19 June 2009, Tromso, Norway), the CDPC is currently examining
possible Council of Europe action regarding the status and rights
of victims in criminal proceedings.
5. The Committee of Ministers notes that the CAHVIO has paid
attention to the situation of child victims and children who witness
domestic violence within the limits of the scope of its terms of
reference.
6. The Committee of Ministers notes that the Assembly’s recommendation
was brought to the attention of the Group of Specialists on Child-Friendly
Justice (CJ-S-CH) which took it into consideration when finalising the
draft Council of Europe Guidelines on child-friendly justice. It
underlines that one of the aims of these guidelines is to prevent
secondary victimisation that may arise from giving evidence or testimony.
As a means of achieving this, great importance is given to the
need for the police, social services and courts to work together
in order to prevent children from experiencing multiple trauma.
7. The Committee of Ministers also stresses the utmost importance
of the Council of Europe Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse (CETS No. 201) which
provides for relevant measures, including preventive measures that
could provide a strong basis in the development of initiatives to
protect children from domestic violence. On 29 and 30 November
2010, the Council of Europe launched its campaign to stop sexual
violence against children at a high-level event in Rome, Italy.
The campaign will run for four years and will pursue the objective
of promoting the signature, ratification and implementation of the
Council of Europe Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse. It will further raise European
societies’ awareness of the full extent of sexual violence against
children and provide children, parents and professionals with knowledge
and tools to prevent and to respond to sexual violence.
8. Finally, the Committee of Ministers recalls the Council of
Europe “Building a Europe for and with children – 2009-2011 Strategy”
and its five objectives:
i. to promote the mainstreaming of children’s rights in all Council of Europe policy areas;
ii. to enhance children’s access to justice at both national and international levels;
iii. to eradicate all forms of violence against children at all times and in all settings;
iv. to promote child participation and increase children’s influence in society; and
v. to safeguard the rights of vulnerable groups of children (i.e. children without parental care, children with disabilities, children in or at risk of poverty and social exclusion).
9. The Council of Europe Platform on Children’s Rights established
pursuant to the aforementioned strategy and composed, amongst others,
of a Network of government appointed focal points on the rights
of the child and violence against children, had the problems experienced
by child victims and witnesses of domestic violence high on its
agenda. The platform elaborated a text which was adopted as the
Committee of Ministers’ Recommendation CM/Rec(2009)10 to member
states on Council of Europe Policy Guidelines on Integrated National
Strategies for the Protection of Children from Violence. The recommendation
contains a set of measures specifically designed to assist child
witnesses of domestic violence.
10. The focal points are contributing to raising the visibility
and to improving implementation of this recommendation at national
level. It has been translated into five non-official languages
and co-operation programmes are being developed to promote it in
member states
Appendix 1 to the reply
(open)Comments of the European Committee on Crime Problems (CDPC)
1. Following the adoption by the Parliamentary Assembly
of Recommendation 1905
(2010) on “Children who witness domestic violence”, the Committee
of Ministers decided to communicate it to the European Committee
on Crime Problems (CDPC) for information and possible comments.
The CDPC examined the above recommendation and decided to contribute
to the response of the Committee of Ministers by providing the following
comments concerning matters within its fields of competence.
2. The CDPC welcomed the initiative of the Parliamentary Assembly
to reinforce multi-disciplinary actions to recognise and address
appropriately the situation of children witnessing domestic violence
which has potentially severe consequences on the child who is still
too often neglected in such cases where adults are at the forefront.
3. The CDPC fully supported the Assembly’s invitation to the
Committee of Ministers to call on the Ad hoc Committee on Preventing
and Combating Violence against Women and Domestic Violence (CAHVIO)
to include in its future Council of Europe convention provisions:
3.1. addressing the consequences
at all levels on children who witness domestic violence, in particular,
the recognition of their specific needs and interests throughout
criminal proceedings in accordance with the best interests of the
child;
3.2. on the importance of making available to children who
witness domestic violence comprehensive social services to ensure,
notably, that authorities assess the detrimental effects of domestic
violence on the child while recognising and protecting fully his
or her interests and needs;
3.3. insisting on the need to develop educational strategies
and specific measures to prevent the intergenerational transfer
of domestic violence.
4. The CDPC also confirmed the importance of protecting children
having witnessed domestic violence from any additional burden of
criminal proceedings by including adequate measures in respect of
the taking of evidence during criminal proceedings in the Council
of Europe guidelines on child-friendly justice which already addresses
interviewing mechanisms for children which should be used and considered
valid whenever possible.
5. The CDPC stressed the utmost importance of the Council of
Europe Convention on the Protection of Children against Sexual Exploitation
and Sexual Abuse (CETS No. 201, opened for signature in November 2007
and so far ratified by five Council of Europe member states), which
contains important and relevant measures, including preventive measures,
which could serve as a strong basis when developing strategies to protect
children effectively from domestic violence.
6. Moreover, as a follow-up to Resolution No. 1 adopted at the 29th Council of Europe Conference of Ministers
of Justice (18-19 June 2009, Tromso, Norway), the CDPC wished to
inform the Assembly that it is currently examining possible Council
of Europe actions regarding the status and rights of victims in
criminal proceedings.
7. Finally, the CDPC recalled that children’s rights is a priority
topic of the Council of Europe and it further agrees that Council
of Europe activities in this area should be better coordinated and
promoted to assist in an appropriate manner member states to implement
European standards to improve all children’s lives.
Appendix 2 to the reply
(open)Comments of the European Committee on Legal Co operation (CDCJ)
1. Following the adoption by Parliamentary Assembly,
on the occasion of its Standing Committee (Paris, 12 March 2010),
of Recommendation 1905
(2010) on “Children who witness domestic violence”, the Committee
of Ministers decided to send this
recommendation to the European Committee on Legal Co‑operation (CDCJ)
for information and possible comments by 30 June 2010.
2. The Bureau of the CDCJ took note of the Parliamentary Assembly
recommendation and decided to comment, within the deadline set by
the Committee of Ministers, on domains which are of particular interest
to the CDCJ.
3. The Bureau of the CDCJ welcomes the recommendation as a whole
and, to begin with, wishes to draw the attention of the Committee
of Ministers to the CDCJ’s 2008 report on non‑criminal remedies
for crime victims, in particular to its chapter
3 which deals with vulnerable victims including children and victims
of domestic violence. In this chapter, it is recalled that Resolution No. 2 on child‑friendly justice adopted at the 28th Council
of Europe Conference of Ministers of Justice (Lanzarote, 2007) states
that “special attention and guarantees are required for child victims
or witnesses of crime to protect their welfare”, and that this is
in line with the United Nations Guidelines on justice in matters
involving child victims and witnesses of crime which are specifically aimed at
ensuring that children who have been harmed by crime or who have
witnessed crimes are protected and treated fairly in courts.
4. More references to witnesses are to be found in the report
(see in particular in paragraphs 143 to 147 which address the specific
needs of protection for victims and witnesses subject to intimidation),
as well as examples of good practice (see in particular paragraph
228 presenting the Swedish system where “a child who witnessed a
crime without being considered as a victim stricto
sensu will thus be entitled to compensation if this crime
harmed the safety, confidence or trust of the child”).
5. The Bureau of the CDCJ furthermore welcomes the invitation
made to the Committee of Ministers in paragraph 2 of the recommendation
to instruct the Ad hoc Committee on Preventing and Combating Violence against
Women and Domestic Violence (CAHVIO) to give particular attention
to the situation of children witnesses of domestic violence who
should be considered as secondary victims. On 31 March 2010, the Bureau
of the CDCJ submitted its observations on the draft Convention on
preventing and combating violence against women and domestic violence.
In paragraph 8 of these observations, the Bureau of the CDCJ reaffirmed
its proposal that the scope of the convention encompass not only
women but also boys and girls victims and witnesses of domestic
violence. The CDCJ participates
actively in the meetings of the CAHVIO as an observer.
6. In that respect, the Bureau of the CDCJ recalls Resolution No. 1 on preventing and responding to domestic violence adopted
at the 29th Council of Europe Conference of Ministers of Justice
(Tromsø, 2009) and inviting the Committee of Ministers to entrust
the CDCJ in co‑operation with other committees and, in the light of the results
of the work by the CAHVIO, “to examine, taking into account the
need to protect both the rights of victims and those of perpetrators:
a. forms of domestic violence directed in particular against children and the elderly, and propose responses to them;
b. challenges faced by victims of domestic violence and propose targeted solutions to increase their protection and reduce their vulnerability;
c. the effectiveness of existing civil and administrative legal remedies and measures and propose further ones aimed at preventing domestic violence or responding to it”.
7. When the work of the CAHVIO is completed and the time is ripe
for the CDCJ to reflect on the follow‑up to be given to Resolution No. 1 in this light, the Bureau of the CDCJ shall also bear
in mind Parliamentary Assembly Recommendation 1905 (2010) and thereby consider the situation of children witnesses
of domestic violence.
8. Finally, following the invitation made in its paragraph 3.1,
the recommendation was brought to the attention of the Group of
Specialists on Child-Friendly Justice (CJ‑S‑CH) which, at its last
meeting (Strasbourg, 25‑28 May 2010), took note of it and took it
into consideration when finalising the draft Council of Europe Guidelines
on child‑friendly justice.
9. The final draft of the Council of Europe Guidelines on child-friendly
justice recall the aforementioned United Nations Guidelines on justice
in matters involving child victims and witnesses of crime, and entail specific
provisions concerning child witnesses, including children witnesses
of domestic violence.
10. In addition, one of the objectives of the Council of Europe
Guidelines is to prevent secondary victimisation arising from giving
evidence or testimony. The draft text foresees practical measures
and presents examples of good practice to prevent children and young
people from the harshness of the justice systems, in particular
the traumatising effects of repeated interviews and testimonies.
The draft text presents in its explanatory memorandum the children’s’
houses in Iceland and Sweden as an example of good practice in this
area. Children are interviewed by trained professionals within
a safe child‑friendly environment where they can receive all the
protection, psychological and medical care that they may need, under
one roof. This avoids having to repeat several times what has happened
to them before different people, in different institutions, and
in different locations over a long period of time. It is important
for the police, social services and courts to work together in raising
awareness and ensuring that children do not have to go through a
second trauma that can be worse than what they have already experienced.