CHILD PROTECTION

SOLIDARITES INTERNATIONAL - DECEMBER 2014 POSITION PAPER

ADOPTED BY THE BOARD OF SOLIDARITES INTERNATIONAL ON 05.10.2013

ACRONYMS CCC Core Commitments for Children

HRBA Human Right Based Approach

IASC Inter-Agency Standing Commitee

MDG Millennium Development Goals OCHA OfficefortheCoordinationofHumanitarianAffairs

UNCRC UnitedNationsConventionontheRightsoftheChild

SI SolidaritesInternational

TABLE OF CONTENTS PAGE 1 INTRODUCTION : 3 PURPOSE OF THE POSITION PAPER

2 SOLIDARITÉS INTERNATIONAL : 5 MANDATE AND VALUES

3 DEFINING CHILD PROTECTION 7 3.1 DEFINITION AND CORE CONCEPTS 3.2 LEGAL AND POLICY FRAMEWORK 3.3 CHILD PROTECTION IN HUMANITARIAN AND DEVELOPMENT AGENDAS

4 WHY IS SOLIDARITÉS INTERNATIONAL COMMITTED TO CHILD 10 PROTECTION? 4.1 REACHING THE MOST AFFECTED 4.2 INCREASING RELEVANCE AND EFFECTIVENESS 4.3 MAXIMISE POSITIVE AND AVOID OR MITIGATE NEGATIVE IMPACTS 4.4 INCREASING THE SUSTAINABILITY OF OUR INTERVENTIONS: PROTECTING CHILDREN BY STRENGTHENING FAMILIES

5 COMMITMENTS 13 5.1 DESIGN & IMPLEMENTATION OF HUMANITARIAN ACTIONS 5.2 INDIVIDUAL AND COLLECTIVE CODE OF CONDUCT

INTRODUCTIONPURPOSE OF THE POSITION PAPER

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• Today, over 1 billion children are deprived of one or more services essential to survivalanddevelopment and one infant under 5 died every 4 seconds.

• Just over one billion children live in conflict affectedarea.

• Another 1 million children became or-phans due to armed conflict and 4 millionchildren were injured.

•20 million children are living with the effects of displacement.

• More than one mil-lion children have been orphaned or separated from their families by an emergency. Moreover,over the next decade 175 million children are likely to be affected eve-ry year by natural disas-ters.

Source: Children in conflict, ECHO, 2013 &SavetheChildren,2014

T oday, children in every country,cultureandsocietyfacedifferentformsofabuse,neglect,exploita-tionand violence. These abuses

takeplaceathome,inschool,atwork,inthecommunity,inarmedconflictandna-tural disasters. The violence children face takesmany forms, such as sexual exploi-tationandabuse,trafficking,physicalandhumiliating punishment, harmful tradi-tional practices (including early marriageandfemalegenitalmutilation/cutting)andrecruitment into armed forces and groups. Girls face additional risks, particularlysexualviolenceandexploitation.Growingupwithviolenceseriouslyaffectsachild’sdevelopment,dignity,andintegrity.

Natural disasters are a major cause of disease and death for children, not onlydirectly – as a result of physical injury – but also because of their longer-term impacts. Diarrhealdiseases,asaresultofcontami-nation of water supplies, breakdown ofsanitation facilities and the need to findfood, often take a larger toll of life thanthe original disaster. Children are especial-lyvulnerabletonaturaldisasters,suchasthe2004tsunamiortheHaitiearthquakein2010;theycanimpacttheiraccesstoasafeshelter,toadequatefood,water,andsanitation,toeducation,theirhealth,etc.

Despite the fact that international law guaranteeschildrenrights,childrenconti-nuetofacedejure(inlaw)anddefacto(inpractice) inequalities in almost all socie-ties.Moreover,violencetowardchildrenisoften kept silent and their specificneedsand rights are not always well known and considered by the humanitarian stakehol-ders.

This position paper sets out SOLIDARITÉS INTERNATIONAL objectivesand priorities towards children protec-tion and acknowledges its importance inthe humanitarian framework of analysis and its relevance to SOLIDARITÉS INTER-NATIONAL global approach and strategy. This document sets out commitments takenbySI toensurechildrenprotectionandwelfareinitsprogramsonthefield.

This document is not a child protectionguideline; it does not provide operatio-nal informationonhowtointegratechildprotection and welfare into SI program-ming.ThisistobedefinedinSIpolicyand guidance notes.

SOLIDARITÉS INTERNATIONAL is a need-basedorganisationandnota right-basedorganisation specialised in human rightsadvocacy and protection, it is thereforeprimarily guided by the humanitarian prin-ciples and the needs of affected popula-tions. Considering this lens, the presentchild protection position paper has beendesigned taking into account the larger frameworkofprotection.

ThispolicyappliestoallstaffengagedwithSI, including national and internationalteammembers,volunteers,Headquartersstaff,consultants,students,localpartner-ship organizations, board members, andany other person who represents or is invited by SI.

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SOLIDARITÉS INTERNATIONAL

MANDATE AND VALUES

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SOLIDARITÉS INTERNATIONAL was establishedasanNGO in1980. In2014, SOLIDARITÉS INTERNATIO-NAL is carrying out around 100

humanitarian aid projects in 21 countries worldwide.

SOLIDARITES INTERNATIONAL’S aim isto provide humanitarian aid and to act throughactionsofsolidarity,topopulationthreatened by war or by political, ethnic,economic or any other kind of oppression [Article1ofSOLIDARITESINTERNATIONAL’SCharter] 1.

SOLIDARITES INTERNATIONAL overall objective can be summarized as follows:“To respond to the essential needs of po-pulations facing an acute crisis – whether of human or natural origin – and to build and reinforce their capacity to sustainably recover from such shocks, in particular in the fields of Water, Sanitation, Hygiene, Food Security and Livelihood.”

SOLIDARITES INTERNATIONAL intervenes with complete respect of the cultural iden-tityanddignityofeachindividual[Article5of the Charter].

Moreover, SOLIDARITES INTERNATIONALactivitiesare in linewith thescopeof thehumanitarian framework as defined in In-ternational Humanitarian Law and in theEuropean Consensus on Humanitarian Aid.

Above all, the humanitarian principles of humanity, independence, impartiality, and neutrality are inherent in all actions.

SOLIDARITESINTERNATIONALvocationisto :I - [DRINK] Prevent and respond to water borne diseases & provide water of a good quality and in sufficient quantity to themostvulnerablepopulations,II - [EAT] Increase food security and secure livelihoodsofvulnerablepopulations,III - [SHELTER] Support reconstruction inpost-crisis environments.

In all cases, SOLIDARITES INTERNATIONALprogramsaimtoallowthebeneficiariestomeet their basic needs and to develop and sustain their livelihoods as early as possible.

Generally speaking, the following are thecriteriawhichinitiateaSOLIDARITESINTER-NATIONAL’response:→Thelivesand/orhealthofthepopulationare threatened → The local authorities cannot meet the vital needs of the population and aid is insufficient→ The crisis or succession of crisis nega-tively affects the coping strategies put inplaceofthecommunitiestothepointthatthe sustainability of their livelihoods is threatened.

SOLIDARITESINTERNATIONAL’interventionintendstogobeyondthetraditionalemer-gency/relief approach in addressing theroots of vulnerability. In order to broaden its operational strategy and have a morecomprehensive approach SOLIDARITES INTERNATIONAL uses the livelihood fra-mework.

1 - See Charter of SOLIDARITES INTERNA-TIONAL on www.solida-rites.org/ourvocation/

charter.shtml

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DEFINING CHILD PROTECTION

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3.1 DEFINITION AND CORE CONCEPTS• Who is a child?Under Article 1 of the United NationsConvention on the Rights of the Child(1989) (UNCRC) a child is defined as: “Every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier”.

• What is child protection? Child protection goes beyond insuringthe physical safety of children. Child protection includes measures that pro-mote children’s physical and emotionalwell-being,provide themequalaccess to

basic services, and safeguard their legaland human rights. The best protection measure is to prevent violence and abuse from happening in the first place. Childprotectionalsoaimsatstrengtheningtheability of individuals and communities toprotect themselves and their children from futurethreats, layingthegroundwork forlastingsecurityandstability.

3.2 LEGAL AND POLICY FRAMEWORKThe main international legal protectionforchildrenistheUnitedNationsConven-tionontherightsofthechild(1989).TheConvention recognizes children’s right tobefreefromabuseandneglect,sexualex-ploitation, trafficking, abduction, torture,deprivationof liberty,andotherformsofmaltreatmentatalltimesandprovidesforspecialprotectionsduringtimesofconflict2.This, togetherwiththeOptionalProto-cols 3, identifies the rights, including ofprotection,whichshouldbeaffordeduni-versally to all children and young people under the age of 18.

The Rome Statute of the Internatio-nal Criminal Court specifically mentionsabout crimes committed against childrenand about taking into consideration the special needs and vulnerability of child-ren during any prosecution. In addition,theInternationalLabourOrganizationhasspecificConventionontheworst formofchild labour 4.Theseinstruments,togetherwith the relevant provisions of the Geneva Conventions, the Genocide Convention,the 1997Mine Ban Treaty, the 1951 Re-

fugee Convention and its 1967 Protocoland several Security Council Resolutionson children and armed conflict 5, form astrong and comprehensive body of legal instruments which provide standards on theprotectionofchildrenaffectedbyar-medconflictandemergencies.Therecent-ly adopted UN Guidelines for the Alterna-tiveCareofChildren (UN2009) 6 further extrapolateonrightsrelatingtochildren’scare, highlighting theneed to keep fami-liestogetherandavoidharmfulresidentialcare.

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2. IASC Gender hand-book,2006

3.OptionalProtocols

onthesaleofchildren,childprostitutionand

child pornography andOptionalProtocol

on the Involvement of Children in Armed

Conflict

4.ILO,Convention182

5. e.g. UN reso-lutions:1261,

1314,1379,1460,1539

6.UNGuidelinesfortheAlternativeCareof

Children,2009

Buildingontheinternationallawonchild-ren rights the humanitarian agenda has endorsed children protection as a coreobjective. Three main elements can behighlighted in the current humanitarian agenda: the development of a human right basedapproach,theUNICEFCoreCommit-mentsforChildreninHumanitarianActionandthecreationoftheeducationcluster.Since the ratification of the UNCRCin 1989, human rights and humanita-rian action are more and more consi-dered as twin approaches towards the same objectives, each with the com-mon goal of protecting and promo-ting children’s rights in emergencies.

• UNICEF Core Commitments for Children in Humanitarian Action

UNICEF Core Commitments for Child-ren in Humanitarian Action 7 form the basis of UNICEF’s core policy on how todefend the rights of children affected byhumanitarian crisis. They are a framework for humanitarian action, around whichUNICEF seeks to engage with partners. The intent of the CCC is “to promote pre-dictable, effective and timely collectivehumanitarian action”, and to clearly out-line the areas in which UNICEF can best contribute to results. The CCC includes sector-specific programme commitments(e.g.innutrition;health;water,sanitationand hygiene) and commitments acrossthe different steps of the project cycle.

• The Education cluster and the Mini-mum standards for Child Protection in Humanitarian Action

Theeducationclusteroriginatedfromthehumanitarian reform introduced in2006.This cluster was endorsed by the IASC,with UNICEF and the Save the Children Alliance appointed as co-lead agencies. The goal of the Global Education Clusteris to « strengthen system-wide prepare-dness and technical capacity to respond to humanitarian emergencies including theearlyrecoveryphase,andforensuringgreater predictability andmore effectiveinter-agency responses in education, in

the main areas of standards and policy set-ting,buildingresponsecapacity,andope-rationalsupport».8In 2012 themembers of the global ChildProtectionWorkingGroup9 developed the MinimumStandardsforChildProtectioninHumanitarian Action 10. These Minimum Standards,recognisedasaSpherecompa-nion,aimat:- Establish common principles among thoseworkinginchildprotection;- Improve the quality of child protectionprogramming;- Improve accountability within child pro-tectionwork;-Provideasynthesisofgoodpracticeandlearningtodate;-Enablebetteradvocacyandcommunica-tion on child protection risks, needs andresponses.Each standard is accompanied by key ac-tions,measurements(includingindicatorsandtargets),andguidancenotes.

• Child protection is a cross cutting is-sue in the MDG

Increased recognition of child interestsand rights within SI programs also contri-butes to the achievement of the Millen-nium Development Goals either because they directly target children 11 or because children are especially vulnerable in the areatheytarget:nutrition12,education13 ,health14,water,sanitationandhygiene15,etc.

3.3 CHILD PROTECTION IN HUMANITARIAN AND DEVELOPMENT AGENDAS

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7. The CCC have been developed in 1998 by UNICEF and updated

in2010

8. IASC guidance on responsibilitiesfor

global clusters

9.TheChildProtectionWorking Group is the global level forum for

coordinationandcolla-borationonchildpro-

tectioninhumanitariansettings.Itisanarea

of responsibility under theglobalProtection

Cluster.

10.GlobalProtectionCluster,Minimum

Standards for Child Pro-tectioninHumanitarian

Action,Septembre2012,see:http://

cpwg.net/wp-content/uploads/2012/10/Mini-

mum-standards-for-child-protection-in-hu-manitarian-action.pdf

11. MDG 2: Achieve

universal primary edu-cation,MDG4:Reducechildmortality,MDG5:

Improve maternal health

12. MDG 1 Eradicate extreme poverty and

hunger13. MDG 2: Achieve

universal primary edu-cation,MDG3:Promote

genderequalityandempower women

14. MDG5: Improve

maternalhealth,MDG6:CombatHIV/

AIDS,malariaandotherdiseases

15. MDG 7 Ensure

environmental sustai-nability

WHY IS SOLIDARITÉS INTERNATIONAL COMMITTED TO

CHILD PROTECTION?

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4.1 REACHING THE MOST AFFECTED

Duringthecourseoftheirchildhood,child-renneedprotectiontogrowandbecomeadults. Most children live in a family with at least one adult who cares for and pro-tects them. However, poverty, conflicts,natural disasters, illness and disease ofthe head of household considerably wea-ken the ability of families to protect their childrenadequately.Thesecrisissituationscreate new protection risks and worsenexistingones.

There is evidence that boys and girls are much more vulnerable to transitory income shocks than adults and certain healthandnutritional issuesareage-spe-cific16.

Moreover,beingachildmayincreaseexpo-suretocertainrisks:sexualabuse,forcedrecruitment, forced labour, malnutrition,diseases. Child protection sensitive pro-grams take thespecificneedsofchildreninto account and focus on children who areatriskoforarethevictimsofviolence,abuse,exploitation,orneglect.

Inmostofthedevelopingcountries,child-renconstituteatleasthalfofthepopula-tion and they are disproportionately re-presented amongst the poorest 16. Taking children specific needs, capacities and

vulnerabilitiesintoaccountinSIprogramscontribute to the overall improvement of theirquality.

4.2 INCREASING RELEVANCE AND EFFECTIVENESS

In emergency situations, the impact of acrisis on the populations vary accordingto gender and age. Children are affec-ted disproportionally because of theirage and because they are socially (deci-sion-making processes) and economically(financial resource management) depen-dant on adults. They can suddenly findthemselves with no resources and wit-hout protection (after the death of theirparents,enrolinarmedgroups,etc.). Achildrenandgendersensitiveapproachenablestomeettheneedsandprioritiesof

thepopulationinamoretargetedmanner,based on how underlying gender norms andinequalitiescontributetothedifferenteffects of the crisis onwomen andmen,girls and boys.

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16.Achanceforeverychild: How a focus

on children can help DFIDachieveequitable

progress on the Mil-lennium Development

Goals,DFID

17.S.Baird,J.Friedman&N.Schady.2007.Ag-gregate income shocks and infant mortality in the developing world.

World Bank Policy Research Working

Paper4346.Washing-ton,DC,WorldBank

4.3 MAXIMISE POSITIVE AND AVOID OR MITIGATE NEGATIVE IMPACTS Crisis situations radically affect social,economic and cultural structures. They oftenprovideawindowofopportunityforaddressing age-based discrimination andrights violations. If humanitarian inter-ventions arenot plannedwith a childrenprotectionfocusinmind,notonlydothechances of doing greater harm increase,but the opportunity to support and pro-mote children interests and rights is lost. The “Do no harm” principle is of the ut-most important. SOLIDARITES INTERNA-TIONAL as an organization and its staffshouldalwaysmakesurethatthenegative

impacts are avoided ormitigated. Adop-ting a children protection focus togetherwith a gender approach 18 allows to pre-ventorreducethepotentialnegativeim-pacts of SI programs by ensuring that pro-gramsandtheirconsequencesdonoharmthedifferentsexandagecategories.

4.4 INCREASING THE SUSTAINABILITY OF OUR INTERVENTIONS: PROTECTING CHILDREN BY STRENGTHENING FAMILIES

Thelackofchildeducationandawarenessis recognised as one of the major cause of poverty and vulnerability to food insecu-rity and water related diseases. The imme-diate and extended family is central to an effectiveandsustainablechildprotection.SI believes that the optimal support fora child comes from a protective family.

Helping the families to keep or regain their capacities to care for and protect theirchildren is a primary focus in child protec-tion.

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18. Please refer to theSIgenderpositionpaper: Taking gender

into account

COMMITMENTS

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5.1 DESIGN & IMPLEMENTATION OF HUMANITARIAN ACTIONS

While SOLIDARITES INTERNATIONAL’S ra-tionaleforinterventioninagivenareawillalways be linked to its mandate and to the initial response to a shock, a child’s inte-rests and rights should be mainstreamed in all our programs.SOLIDARITES INTERNATIONAL commits to take the interests and rights of children into consideration at all program’s levels,from contingency planning prior to theonset of an emergency, to all stages ofhumanitarian response from the imme-

diate response to early recovery and to reconstruction and transition. Asmuch aspossibleandaccordingtothecontext, theMinimumStandardsforChildrenProtectioninHumanitarianActionshouldbeapplied. SI recognized that humanitarian assistance and protection during crisis should contribute to achieving equality and children’s rights. To achieve this, SI takes the following commitments:

→Ensurethatchildren’sinterestsaresyste-matically incorporated intoSIpolicydeve-lopmentandoperationalguidance.

→EnsurethatSIpolicyandguidanceregar-dingchildprotectioniseffectivelycommu-nicatedtothefieldlevelandfieldoperationsheldaccountablefortheirimplementation.

→Useparticipatorymethodstoaccessandincorporatesexandageperspectivesinallaspects of the project cycle. → SI will coordinate with other organisa-tionsandprofessionalstoensuretheinte-rest and safety of children. When the inte-rests, safetyandwealthof childrenareatrisk, SIwill informothers organisations tomake sure that those needs are addressed.

→Promotetheuseofchildrenfocusanaly-sisasatooltobetterunderstandthecom-plexity of humanitarian crisis and commu-nity’sneeds.

→ Base program design on sex-and age-disaggregateddata,withanaim todesignserviceswhicharesafelyandequitablyac-cessible to all members of the target popu-lation.

→Treatchildrenwithrespectregardlessofrace, colour, sex, language, religion, poli-tical or other opinion, national, ethnic orsocial origin, property, disability, birth orother status.

→ In our public information, portray anobjective image of the disaster situationswhere the capacities and aspirations ofdisaster victims, especially children, arehighlightedwithdignity,andnot just theirvulnerabilitiesandfears.

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5.2 INDIVIDUAL AND COLLECTIVE CODE OF CONDUCT

→Notuselanguageorbehaviourtowardschildren that is inappropriate, harassing,abusive, sexually provocative, demeaningor culturally inappropriate.

→Notdeveloprelationshipswithchildren,which could in any way be deemed exploi-tativeorabusive.

→Whereverpossible,ensurethatanotheradult is present when working with child-ren.

→Neveraccesschildpornographythroughany medium.

→ Never use any computers, mobilephones, or video and digital to exploit orharass children.

→Not tolerate, or participate in physicalpunishment or discipline of children.

→Nottolerate,orparticipatein,behaviourof childrenwhich is illegal, unsafeor abu-sive.

→Nottoleratenoractinwaysintendedtoshame,humiliate,belittleordegradechild-ren, or otherwise perpetrate any form ofemotionalabuse.

→Nothirechildren fordomesticorother labour that is inappropriate given their age or developmental stage, which interfereswiththeirtimeavailableforeducationandrecreationalactivities,orwhichplacesthematsignificantriskofinjury.

→ Comply with the relevant local legisla-tion, including labour laws in relation tochild labour.

→Report concerns or allegations of childabusetotherelevantorganizations.

All SI staff is expected to adhere to theCode of Conduct of SI and the present Child Protection position paper of SI. Anyemployee,whoentersintocommercialsextransactions, engages in sexual behaviourwitha childor commit anykindof abuse,regardlessoflocalcustom,willbeconside-redashaving committedadisciplinaryof-fence.Thisisnotanexhaustiveorexclusivelist.Theprincipleisthatstaffshouldavoidactionsorbehaviourwhichmayconstitutepoorpracticeorpotentially abusivebeha-viour.

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