The statistics on physical child abuse are alarming. It is estimated hundreds of thousands of children are physically abused each year by a parent or close relative. Thousands die. For those who survive, the emotional trauma remains long after the external bruises have healed. Communities and the courts recognize that these emotional ‘hidden bruises’ can be treated. Early recognition and treatment is important to minimize the long term effect of physical abuse. Whenever a child says he or she has been abused, it must be taken seriously and immediately evaluated.Child abuse and exploitation in the South-East Asia Region is largely under-reported or ‘hidden’. It occurs in various forms and is deeply rooted in the cultural, economic and socio-cultural environment. Child abuse is common among girls as well as boys.
As stated above, child abuse is a phenomenon that has prevailed for centuries but only has captured worldwide attention in the past few decades. After many years of denial, Sri Lanka too has recognized the existence of many forms of violence and cruelty against children and the long and short-term ill effects of abuse on children. Initial work on the extent of sexual abuse and domestic child labor, the existence of physical abuse and description of the use of child soldiers during the time of war as a form of child abuse was made.
Although concern and care of children has been recognized in the traditions of Sri Lanka, the incidents of child abuse were denied or interpreted otherwise in many instances, until recently, in most part of the history.
 Child has every right to express his/her thoughts |
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| A caregiver must arrange for neces-sary care and supervision for a child during any period of time throughout the day. |
Yet, the massive responsibility of prevention of child abuse, intervention and child protection could not be taken upon by a few institutions alone or Government. The preventative and intervention measures should also emerge from society through its recognition. What is Child Abuse? What is child abuse? There are many definitions of child abuse. The originally used definition is as follows: “Acts or omissions by a care-giver leading to actual or potential damage to health and development and exposure to unnecessary suffering to the child”
A wider definition is:
“Anything which individuals, institutions or processes do (acts) or fail (Omissions) to do which directly or indirectly harms children or damages the prospects of safe and healthy development into adulthood”The World Health Organization Report on the Consultation on Child Abuse and Prevention (1999) proposed modified definitions for child abuse, which cover wider areas.
Definition of Child Abuse “Child abuse or maltreatment constitutes all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power” WHO 1999
Physical Abuse
Physical abuse of a child is that which results in actual or potential physical harm from an interaction or lack of interaction, which is reasonably within the control of a parent or person in a position of responsibility, power or trust. There may be single or repeated incidents (WHO, 1999).Sexual Abuse
Child sexual abuse is the involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared and cannot give consent, or that violate the laws or social taboos of society. Child sexual abuse is evidenced by an activity between a child and an adult or another child who by age or development is (WHO, 1999) in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person. This may include but is not limited to:1. The inducement or coercion of a child to engage in any unlawful sexual activity.
2. The exploitative use of a child in prostitution or other unlawful sexual practices.
3. The exploitative use of children in pornographic performances and materials. (WHO, 1999)
Emotional Abuse
Emotional abuse includes the failure to provide a developmentally appropriate, supportive environment, including the availability of a primary attachment figure, so that the child can develop a stable and full range of emotional and social competencies commensurate with her or his personal potential, and in the context of the society in which the child dwells.There may also be acts towards the child that cause or have a high probability of causing harm to the child’s health or physical, mental, spiritual, moral or social development. These acts must be reasonably within the control of the parent or person in a relationship of responsibility, trust or power.
Exploitation
Commercial or other exploitation of child refers to the use of the child in work or other activities for the benefit of others. This includes, but is not limited to, child labor and child prostitution. These activities are to the detriment of the child’s physical or mental health, education, moral or social-emotional development. (WHO, 1999) It is very much known that child abuses are taking place mainly because of the negligence of the care taker of the child.What is neglect?
A child’s parent, guardian or conservator is responsible for either directly providing safe and adequate food, clothing, shelter, protection, medical care and supervision for the child, or arranging to have someone else provide these needs. Neglect is the failure to meet this responsibility. Neglect, like other forms of abuse, must involve ‘observable and material impairment’ or ‘substantial risk’ to the child, in order for the civil statute to apply. In addition, if anyone knowingly abandons or endangers a child, the Penal Code provides criminal sanctions.Necessary care
The caregiver must arrange for necessary care and supervision during any period of time when the caregiver is absent and does not intend to return. Neglect includes placing the child in or failing to remove a child from a situation where the child is exposed to ‘substantial risk’ of harm. Neglect also includes placing a child in or failing to remove a child from a situation requiring judgment beyond the child’s years or capabilities.Here again, to qualify as neglect, the acts or omissions must result in harm or substantial risk of harm to the child. How long can a child be left unattended? It should be noted that a caregiver cannot leave a child under age five unattended in a car for more than five minutes, unless a person aged 14 or older is watching over the child. However, there is no set length of time a ‘latchkey’ child of school age may be left unattended. The child’s maturity, the proximity of helpful adults and a number of other circumstances must be taken into account.
As always, the ultimate guideline for determining whether a child is being left unattended too long is whether the child suffers actual harm, or is at substantial risk of being harmed, due to lack of supervision.
Failure to provide the child with food, clothing or shelter necessary to sustain the life or health of the child may be considered neglect as long as the failure is not primarily caused by financial need.
Caregivers who are impoverished are not neglectful unless the child is harmed or substantially at risk of harm and relief services have been offered and refused. Lack of heating or plumbing in the home does not mean that the children in the home are neglected. On the other hand, failure to prepare meals, spoiled food in the refrigerator or cupboards, and severe infestations of insects and rodents are possible indicators of neglect. However, the totality of circumstances must be taken into account. Neglect generally involves conditions that are extreme, persistent and substantially damaging to the child.
Medical care
A parent, guardian or conservator who fails to seek, obtain or follow through with medical care for a child may be guilty of neglect. The need for medical care must entail a substantial risk of death, disfigurement, injury or impairment. Caregivers who refuse medical care for religious reasons are not considered to be neglectful, but may still need to be reported.In extreme cases the court may order treatment for the child over the parents’ wishes.
Caregivers who cannot afford medical treatment are also not considered to be neglectful unless they have been informed of and have refused free or affordable treatment. Some parents who commit physical and sexual abuse are guilty of medical neglect because of their wish to keep the abuse secret.
It is required the person responsible for a child to permit the child to return home, or else to arrange for the necessary care for the child, after the child has been absent from the home. The fact that the child has run away or been in residential placement does not in any way diminish the parent’s, guardian’s or conservator’s responsibility to care for the child, either by taking the child back into the home or by making other arrangements.
Indicators of neglect
Physical signs of neglect include obvious malnourishment, lack of personal cleanliness, torn and/or dirty clothes, insufficient clothing for warmth and protection, or need for glasses, dental care, or other medical attention. Behavioral indicators of neglect include stealing, hoarding, or begging for food and frequent absence or tardiness at school. A child that is always hungry, tired, and listless may be neglected.For the situation to indicate neglect under the law, the child’s condition must not result solely from the caregiver’s lack of financial resources (unless aid has been offered and refused), and the child’s condition must be severe, chronic and threatening to the child’s health. The child may say that no one cares for him or her or may describe being alone, caring for younger children or doing dangerous things (a very young child bathing an infant, for example, or being allowed or instructed to use power tools).
Neglect and Negligent treatment
As stated above, neglect is the inattention or omission on the part of the care-giver to provide for the development of the child in all spheres: health, education, emotional development, nutrition, shelter and safe living conditions, in the context of resources reasonably available to the family or caretakers and causes, or has a high probability of causing harm to the child’s health or physical, mental, spiritual, moral or social development.This includes the failure to properly supervise and protect children from harm as much as is feasible. (WHO, 1999) Please do not neglect your child at any cost by which act you will push him to the child abusers.
