Child

ThewidelyratifiedUNConventionontheRightsoftheChildstatesthatachildrefersto
everypersonbelowtheageofeighteenyears
Vulnerability
Thesituationthatpredisposeschildrenandyouthtonegativelifeoutcomes,suchassexual
exploitation,absencefromschool,lackofnutritiousfood,earlysexualdebutandearly
marriage,lifeinthestreets,HIVinfectionorunemployment.
VulnerableChildren
Childrenwhoarelikelytobeharmedandwhoneedcareandsupport,accordingtospecific
criteriasuchaslivinginahouseholdinwhichaparentorparentsareinfectedwithHIV,
livinginachildheadedhouseholdoroneheadedbyanelderlyordisabledperson,orwith
disabledparents.ThechildmayalsobeHIVpositive,havebeentraumatisedbywar,be
livingonthestreet,neglectedbytheirparents,beunregisteredatbirth,orinvolvedinchild
labour.

Safetyandsecuritydontjusthappen,theyaretheresultofcollectiveconcensusandpublicinvestment.
Weoweourchildren,themostvaluablecitizensinoursociety,alifefreeofviolenceandfear.
NelsonMandela

Chain of Protection
Normative standards (laws, culture, religion) may shape how members of a
community choose to protect children and the choices made may well affect the
very nature of childhood, but the essential question remains: how will a child be
protected from violence, abuse, exploitation, and neglect, as a matter of a childs
fundamental rights?
Child protection is an issue in every country and a high priority Under the
Convention on the Rights of the Child and other international treaties, all children
have the right to be protected from harm.

Preventing and responding to violence, exploitation and abuse is essential to

ensuring childrens rights fo survival, development and well-being. The vision and
approach is to create a protective environment, where girls and boys are free from
violence, exploitation, and unnecessary separation from family; and where laws,
services, behaviours and practices minimize childrens vulnerability, address known
risk factors, and strengthen childrens own resilience. This approach is human
rights-based, and emphasizes prevention as well as the accountability of
governments. It enhances aid effectiveness by supporting sustained national

capacity for child protection. Finally, it reflects childrens own roles and resilience as
agents of change and actors in strengthening the protective environment.
Successful child protection begins with prevention. The priority given to education,
health and addressing gender discrimination in the Millennium Development Goals
Building national protection systems
Child protection systems comprise the set of laws, policies, regulations and services
needed across all social sectors especially social welfare, education, health,
security and justice to support prevention and response to protection related
risks. These systems are part of social protection, and extend beyond it. At the level
of prevention, their aim includes supporting and strengthening families to reduce
social exclusion, and to lower the risk of separation, violence and exploitation.

Responsibilities are often spread across government agencies, with services

delivered by local authorities, non-State providers, and community groups, making
coordination between sectors and levels, including routine referral systems, a
necessary component of effective child protection systems. Strengthening such
systems requires attention to policy reform, institutional capacity development,
planning, budgeting, monitoring and information systems
International Obligations
Mauritius signed and ratified the CRC in 1990. Article 19 of the CRC puts an
obligation on the State to take legislative and administrative measures to protect
children.

In July 1990, Mauritius also ratified the African Charter on the Rights and Welfare of
the Child. By virtue of Article 16 of the Charter, the State took certain commitments
with respect to protection against child abuse and torture

The Law
The Child Protection Act 1994 (CPA), as amended, provides the legal framework
within which the protection mechanism operates. Under Section 3 of the Act, the
Permanent Secretary (PS) of the Ministry of Gender Equality, Child Development and
Family Welfare (MGECDFW), his or her representative, has the power to investigate

and intervene in cases where he/she has reasonable cause to suspect that a child is
being exposed to harm and is in need of assistance.
There are other legislations namely the Juvenile Offenders Act, the Criminal Code, le
Code Civil Mauricien, the Education Act etc., which make provisions for the
protection of children. It should, however, be noted that not all the articles of the
CRC have been domesticated. Last year, a series of consultations with different
stakeholders were organised by the MGECDFW and the State
Law Office (SLO) with a view to preparing a comprehensive Childrens Bill. The OCO
was actively involved.
The Ministry of Gender Equality, Child Development and Family Welfare
The principal legal instrument for child protection is the CPA and the main
enforcement body is the Child Development Unit (CDU). Other units, namely, the
Family Welfare and Protection Unit (FWPU) and the Gender Unit are also involved. It
would, however, appear that there is a lack of coordination between the different
units.

A first Child Protection Services has been set up at Vacoas and was officially
launched on 15 May 2013.
This new and modern service offers a conducive environment with a child friendly
corner. This model child service will be replicated at Goodlands where additional
space has been obtained. The Ministry is looking forward for the setting up of Child
Protection Service in each district with the same modern service.
In process depending on budget.

The Ministry has introduced a Foster Care System on a pilot basis with a view to
promote the well being of children in need of protection and care. The system
provides a shelter to children who may be ill-treated, are exposed to various types
of harm, may be victims of physical injury, sexual abuse or emotional and
psychological violence. Foster care is available whenever a child is at risk of being
exposed to any form of harm/ill-treatment and is in need of care, parental guidance
and affection.
Foster Care
The Foster Care System, set up under Section 8 of the CPA provides a distressed
child with a substitute family environment. After satisfactory social enquiries, the
MGECDFW identifies prospective families/couples to foster children. They are given

proper training followed by a matching exercise. Lastly, the CDU applies for a court
order.
As at May 2013, 60 children were placed in 54 foster care families

Community Child Protection Programme (CCPP)

The Community Child Protection Programme was launched in August 2007 and is
currently being implemented in the nine districts of the Republic.
The Community Child Watch Committees have been set up in 32 high risk areas.
They act as a surveillance mechanism to identify vulnerable children and to report
any suspected case to the MGECDFW for appropriate action.
Some 235 cases of violence against children have been referred to relevant
stakeholders, mainly the MGECDFW, the Police Department / Brigade Pourla
Protection des Mineurs (BPM) and the Ministry of Education and Human Resources
(MEHR).

Children with disabilities

Mauritius signed and ratified the CRC and the Convention on the Rights of Persons
with Disabilities (CRPD). However, with regards to the CRPD, reservations were
placed on Articles 9.2 (d) and 24.2(b). The CRC was the first human rights treaty
that contained a specific reference to disability (Article 2 on non-discrimination) and
Article 23 exclusively prescribes the rights and needs of children with disabilities.
Both conventions put certain obligations on the State with regards to children with
disabilities.
However, children with disabilities are still experiencing serious difficulties and
facing barriers to the full enjoyment of the rights enshrined in the Convention. Too
often the barrier is not the disability but rather a combination of social, cultural,
attitudinal and physical obstacles which children with disabilities encounter in their
daily lives. Children with disabilities are more vulnerable to abuse be it mental,
physical or sexual in all settings, including the family, schools, private and public
institutions and alternative care institutions. They are particularly vulnerable to
neglect and negligence. In many cases they represent a financial burden on the
family.
In Mauritius, most schools catering for children with disabilities are run by
nongovernmental organizations (NGOs). These institutions obtain a per-capita grant
from the MEHR to cover part of their expenditures. Last year, the OC investigated
on the issue of grant-in-aid to these institutions

Children with disabilities are victims of violence at school. Bullying is a particular

form of
violence that children are exposed to. Children with disabilities are too often targets
of bullying their particular vulnerability may be due mainly to:
(a) their inability to hear, move, dress, toilet, and bath independently;
(b) living in isolation from parents, siblings, extended family and friends;
(c) communication or intellectual impairments: they may be ignored, disbelieved or
misunderstood should they complain about abuse;
(d) parents or others taking care of the child may be under considerable pressure or
stress
because of physical, financial and emotional issues in caring for their child. Studies
indicate that those under stress may be more likely to commit abuse;
(e) children with disabilities are often wrongly perceived as being non-sexual and
not
having an understanding of thir own bodies and, they are often victims of sexual
abuse within the family itself.

Child Labour

The International Labour Organisation Convention defines child labour as work that
deprives children of their childhood, their potential and their dignity, and that is
harmful to physical and mental development. Article 32 of the CRC emphasizes the
importance of protecting children from: work that is likely to be hazardous or to
interfere with the childs education, or to be harmful to the childs health or
physical, mental, spiritual, moral or social development (1989, Article 32). In its
most extreme forms, child labour involves children being enslaved, separated from
their families, exposed to serious hazards and illnesses and/or left to fend for
themselves on the streets of large cities often at a very early age.
Not all work done by children should be classified as child labour. Childrens
participation in work that does not affect their health and personal development or
interfere with their education, is generally regarded as being something positive.
This includes activities such as helping their parents around the home, assisting in a
family business or earning pocket money outside school hours and during school
holidays, provided they work for a limited number of hours and certainly not at

night. These kinds of activities contribute to the childrens development, their wellbeing and provide them with skills and experience.
Mauritius ratified two ILO Core Conventions on Child Labour.

Physical Violence
Physical violence against children is unfortunately very common in Mauritius. It is
inflicted by several duty bearers like parents, teachers, friends, neighbours and
carers in places of safety. Several documents published by the United Nations give a
broad definition of this form of abuse.
Physical violence includes fatal and non-fatal physical violence. The UN Committee
on the Rights of the Child is of the opinion that physical violence includes:
1. All corporal punishment and all other forms of torture, cruel, inhuman or
degrading treatment or punishment; and
2. Physical bullying and hazing by adults and by other children.
3. Children with disabilities may be subject to particular forms of physical violence

Sexual violence
Sexual abuse comprises any sexual activities imposed by an adult on a child,
against which the child is entitled to protection by criminal law.
It occurs in three main forms:
Child sex tourism is the commercial sexual exploitation of children by people who
travel from one place to another to engage in sexual acts with minors.
Child trafficking for sexual purposes involves exploitation of children in
prostitution, pornography, sex tourism and forced marriage.
Child pornography exploits children in many different ways. Children may be
deceived, tricked or coerced into engaging in sexual acts for the production of
pornography.10
The Convention on the Rights of the Child provides for the protection of children
from all forms of sexual abuse.

Statistics on Sexual Abuse for the Year 2011.

Statistics on sexual violence in Mauritius indicate that more and more children and
young adults are the victim of some form of sexual abuse, incest, pornography,
prostitution, human trade and sexual aggression. From the data, it was found that
the average age of perpetrators is decreasing making perpetrators younger than
before.
Children can experience violence in any of the settings in which they spend their
childhood, in homes and families, communities, care institutions, schools etc.
Vulnerable children are often subject to forced labour, prostitution, pornography and
trafficking. Sometimes parents are perpetrators of violence against children and
sometimes parents remain silent when violence is committed by other family
members.
Statistics and studies show that the majority of sexual offenders are family
members or are otherwise known to the child. Statistics further show that in most
cases of sexual abuse it is men who are perpetrators but there are some cases in
which women are the offenders.
In 2010, cases on sexual abuse have increased by 15%. It has been noted that in
2010 the offence of sexual intercourse with female under 16 has increased by
14.5% compared with 2009 figures, published in last years Annual Report. The
tendency is the same for other types of offences such as attempt upon chastity
(+20%), sexual assault (+37.5%) and sexually abusing a child (+ 50%).
However offences such as rape and indecent assault are stable in 2010
compared with 2009 whereas the rate of sodomy has gone down by 16.7%.

Inspite of the availability of all the services and the legal provisions to ensure the
protection of children victims of sexual abuse, each day the island is shaken by
various cases of sexual abuse on infants and young children. Several complaints
have been reported, where the complainants refused to lodge any case in court, as
they have been informed that the child would have to attend court sessions on
several occasions. If the child cannot depone clearly before the Magistrates, the
accused can be scot free. In other cases, the court procedures take such a long
time, that the victims refuse to attend court when required to do so.

Conclusion
Safety and support should be the norm for all children everywhere. Governments
have made extensive commitments to prevent children from being exploited and
abused, and to respond effectively when they are. Even as countries post
impressive gains in child survival and in education, however, full child protection
remains elusive, in developed and developing countries alike.

There is broad recognition of the fact that children in both developed and
developing countries face protection risks, and of the cross-border nature of many
protection issues. There is also greater recognition of the linkages between
improved

child

protection

and

sustainable

achievement

of

the

Millennium

Development Goals. there are abundant opportunities to strengthen attention to

child protection in national development plans, within rule of law and other sectorstrengthening efforts, to make social protection a reality, and to improve
humanitarian response. The ability to use these opportunities will depend on
building the evidence base, scrutinizing and applying lessons learned by all child
protection and development actors, taking leadership on knowledge management
and strengthening and making effective use of partnerships