Material developed and handed over for use by:
Dr. Salvatore Pignataro
High Commissioner - OCYW IHRC
World Coordinator of the Observatory for Monitoring,
Protection and Safeguarding
of Children, Youth and Women - OCYW IHRC
- PROJECT GUIDELINES
The task of the "Observatory for Monitoring, Protection and Safeguarding of Children, Youth and Women" operating within the IHRC Department "Children, Youth and Woman" will be to monitor the state of difficulty, poverty, exploitation, maltreatment, insecure health conditions, but also victims of physical and mental violence (both family and non-family) and forms of bullying, cyberbullying, etc.
From a social point of view, it is important to promote and raise awareness to prevent these serious phenomena, which, unfortunately, experience an increasingly worrying escalation in the world each year. We believe that volunteering is one of the important pillars of society, so each of us should do our part to create and maintain a better world.
This project was born out of the need to protect the fundamental rights of children and young people and can be an important resource not only for SMM IHRC Volunteers but also for all entities, institutions, associations and citizens.
Trying to contain discomfort and violence in the most vulnerable categories of society, starting with statistics and monitoring at local, regional and national levels, means laying the foundations for the improvement of the social situation that is necessary for everyone to live well. IHRC Commissioner Dr. Salvatore Pignataro, professional investigative criminologist, contract professor, forensic and investigative technician, intelligence and security analyst, as IHRC volunteer, has been appointed head of the above-mentioned project at national level in Italy and, based on his professional experience, acts as National Coordinator of the Observatory for Monitoring, Protection and Safeguarding of Children, Youth and Women in Italy.
At the same time, Dr. Salvatore Pignataro was appointed Coordinator of the observatory's global structures within the CYW - Children, Youth and Woman department
The Observatory, with structured and important goals for the protection of fundamental human rights, is to be regarded as a "specialist support" body for all national, regional and zonal structures of the SMM IHRC.
The following are guidelines for the activities of the Observatories, developed by IHRC Commissioner Dr. Salvatore Pignano.
- VIOLENCE AGAINST WOMEN AND GENDERS.
The phenomenon of gender-based violence against women is increasingly present in journalistic and judicial reports. There are many requests from national governments and international organizations to eradicate this phenomenon through prevention and prevention. In order to understand the seriousness of a phenomenon, it is necessary to take into account its consequences. Violence against women is a phenomenon described on a global scale as "human rights violations". In this respect, the qualification specified in various sources is clear. This not only affects women as such (and thus takes the form of gender-based violence), but undermines equality and constitutes an obstacle to the development of a democratic society.
- Violence against women
The 1995 United Nations (Declaration and Program of Action adopted at the Fourth World Conference on Women: Action for Equality, Development and Peace, Beijing, September 4-15, 1995) defined violence against women as "any act of violence against women, which causes or is likely to cause physical, sexual or mental harm or suffering to women, including threats to commit such acts, coercion or arbitrary deprivation of liberty, public or private.
- Violation of human rights
Violence against women should be understood not only as something that concerns the private life of women and thus the criminal laws that punish crimes against the person. Violence against women is a phenomenon that goes far beyond the broadly understood health consequences. In international and European discussions on the subject, violence against women is increasingly becoming a human rights issue.
In this regard, Art. 3 lit. a) of the Istanbul Convention (Council of Europe Convention on preventing and combating violence against women and domestic violence, Istanbul, May 11, 2011), we read that the expression "violence against women" we want to define as a violation of human rights and a form of discrimination against women.
All these acts, which cause women of various kinds to suffer, violate human rights and thus constitute an obstacle to equality between men and women. It is now believed that gender-based violence against women is the ultimate inequality and a violation of human rights. It affects the right to life, security, freedom and dignity of women and therefore constitutes an obstacle to the development of a democratic society. Moreover, violence is considered to violate the right to identity as it strengthens and recreates the subjection of women to men. This subordination, which has been questioned over the years by women's movements that have raised the issue of violence from national contexts to human rights, is debated at international level and triggered important discussions to provide the best answers to this prevention and fight against violence.
- What rights are violated?
Hence, violence against women is gender-based violence that is contrary to numerous principles and rights protected both at the international level and in the domestic law of many countries. If you think about the Universal Declaration of Human Rights, gender-based violence can, depending on the case, violate:
• the right to life, liberty and security of person (Art. 3);
• the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment (Art. 5);
• the right to equality before the law and the right to equal legal protection (Art. 7);
• the right to appeal to an impartial tribunal (Articles 8 and 10);
• the right to free movement (Art. 13);
• freedom of assembly and association (Art. 20).
Gender-based violence against women is therefore a human rights issue, but it also undermines the constitutional principles on which any legal system should be based. This phenomenon affects many international legal texts. This remark can be understood both in the light of the importance of the phenomenon and the observation of the consequences it causes. The damage caused to the victim varies, for example physical and mental. Currently, the focus is on other aspects related to the impact of the phenomenon on the dignity and identity of the victim. It becomes the maximum expression of the negation of gender equality and equality. In some conflicts, it is a true crime against humanity, which may even become a means of genocide. It is therefore a phenomenon that must always find new and more effective means, ready to prevent and counteract it. They must be instruments of national and international law. There are numerous crimes in Italy each year that affect the rights of women (even younger ones). Offenses related to psychological violence, sexual violence, stalking, intimidation, etc. They are common and are increasing in relation to the fair sex.
Based on this assumption, a nationwide observatory should be established to monitor crimes committed against women of all ages. Through this body and with the help of regional and provincial offices, data on the various types of violence and rights violations that are committed are constantly updated.
For example, in addition to inequalities based on race, gender, religion, etc. Monitoring of victims of gender-based violence (in various aspects) of physical violence (family, extra-family, economic, psychological, etc.), harassment, use of child prostitution and prostitution, intimidation e.t.c.
The intention is to implement awareness-raising strategies and events to prevent such violations of rights, which are also linked to the violation of an individual's moral and legal principles. For these reasons, it will be possible to cooperate with responsible public and private bodies to undertake any initiatives and strategies that undermine the inviolability of human rights, and thus make a significant contribution to the future of states and to free and peaceful coexistence.
- PROTECTION OF THE RIGHTS OF CHILDREN AND YOUTH
Thirty years after the UN approved the Convention on the Rights of Children and Young People, it would need to be updated - from desirable protection to effective protection. Transition from passive protection guarantee to generalized active participation in protection.
The topics on which all these statements are developed are the child's need and right to protection and care. The new Declaration includes rights not provided for in the previous Universal Declaration of Human Rights:
• a ban on working for minors who have not reached the relevant minimum age.
• the right of a disabled child to special care.
In the Year of the Child (1979), the 1959 Declaration was announced, on the occasion of its twenty-year existence, which gave rise to the development of the Convention on the Rights of the Child.
- International legal instruments concerning the evolution of reference regulation.
The main international reference instruments in the development of the International Convention on the Rights of the Child are the Universal Declaration of Human Rights and the most important international human rights treaties:
• the International Covenant on Civil and Political Rights;
• the International Covenant on Economic, Social and Cultural Rights;
• the Convention against Torture and any other Cruel, Inhuman or Degrading Treatment or Punishment;
• The International Convention on the Elimination of All Forms of Racial Discrimination;
• international convention against all forms of discrimination against women;
• The 1924 declaration on the rights of the child.
Each of these treaties is an important legal instrument requiring States to fulfill their international obligations to protect and promote human rights.
The preamble introduces the International Convention on the Rights of the Child and explains the reasons why the Convention was drawn up.
• the United Nations Charter of 1945;
• the Universal Declaration of Human Rights of 1948;
• the need to raise children in a healthy and peaceful family environment;
• the idea of paying special attention and protecting children, in line with the provisions of the Declaration of the Rights of the Child (1959), the Geneva Convention (1924) and the Universal Declaration of Human Rights (1948);
• awareness that there are children who require special attention because they are experiencing serious difficulties;
• the importance of international cooperation.
The rights guaranteed by the International Convention on the Rights of the Child are summarized in documents covering all elements, without exceptions and divisions, since each article should be considered equally important, indivisible, related and interdependent. The International Convention on the Rights of the Child was the first instrument of international protection that included in its text various types of human rights: civil, cultural, economic, political and social, as well as those related to international humanitarian law. The text also includes articles to protect against exploitation and exploitation and obliges to stand up for the children's own aspirations. The first article in which the Document opens states: "for the purposes of this Convention, a child is to be understood as a human being under the age of 18" and then draws attention to the debates and compromises concerning the protection of the child from childbirth.
The articles of the Convention can be divided into four categories according to the guiding principles which apply to the entire Convention:
1. The principle of non-discrimination: sanctioned by Art. 2, obliges States Parties to ensure all minors rights protected without distinction as to race, color, sex, language, religion, views of the child and parents;
2. The best interests of the child: sanctions under Art. 3, ensures that each decision, legislative action, legal provision, public or private initiative of social assistance should first of all take into account the best interests of the child;
3. Right to life, survival and development: sanctioned by Art. 6, provides for recognition by the Member States of the right to life of the child and the commitment to ensure, by all possible means, its survival and development;
4. Hearing the child's opinion: sanctioned art. 12, provides children with the right to be heard in all proceedings in their case, especially in legal matters. The implementation of this principle imposes an obligation on adults to listen to a child capable of discernment and take his opinion into account. However, this does not mean that children can tell their parents what to do. The convention is about listening to the child's views as to the level of maturity and understanding achieved with regard to age.
- Right to speak
The International Convention on the Rights of the Child draws attention to the participation of the child and the resulting opportunity to participate in matters that concern him. For the first time this issue was raised by Poland in 1980 in the draft Convention.
Childhood is a delicate period and requires the creation of favorable conditions that accompany the child until development. The Convention should be considered in its entirety, therefore Art. 12 is closely related to Art. 2 (non-discrimination) and Art. 3 (good of the child).
In some cases, Art. 3 is in conflict with Art. 12, as parents and educators often oppose the child's autonomy. The UN Convention on the Rights of the Child protects the rights and obligations of parents in the upbringing and education of their children (Articles 5, 7, 9). However, the parent must assess the child's development and capabilities. However, the child has the right to express his opinion without external pressure and influence (otherwise the opinion may not be taken into account in accordance with the law). Parents also have a responsibility to pay attention to how they ask questions, as this too can intimidate the child and affect his or her responses. The importance attached to a child's opinion is directly proportional to the choice made.
- Monitoring mechanism
Article 12 declares the need to designate a person responsible for listening, schedule time, and make sure that the child expresses his or her best speech. If the listener belongs to public authorities, he or she must be properly prepared.
Article 44 provides that each State shall submit periodic reports to the Committee on the Rights of the Child on the measures taken to apply the principles enshrined in the Convention.
The first report shall be made within two years of the entry into force of the Convention in the State; then every five years. Each report must include details of the measures taken, which must be sufficient for the committee to confirm the implementation of the Convention. It must also identify the factors and difficulties encountered by States Parties that prevent them from fulfilling their obligations under the treaty.
We activate and lead to the full integration of the National Observatory for Monitoring, Protection and Safeguarding of Children, Youth and Women. In addition to the inviolable human rights, this structure will monitor the conditions of distress, poverty, exploitation, bullying, insecure health conditions, victims of physical and psychological (family and extra-family) violence, forms of abuse, cyberbullying, physical violence, etc. Human Rights (targeting adults), and for the Rights of children and young people, it is important to pay attention to obtaining information on a provincial and regional scale, which is to be periodically transferred to the Central National Observatory. In order to easily and precisely search for data related to various types of human rights violations and violations of children and adolescents, volunteers, or rather a volunteer referring to a given province or region, will be able to contact territorial authorities dealing with statistical research:
- Equal Opportunities and Community Policy Departments of the respective Ministries
- Educational institutions
- Zonal social plans
- Social political departments of local governments,
- Voluntary associations present in the area
- Private entities (monitoring centers, helplines, etc.)
- Other territorial institutions: municipalities, law enforcement agencies, prosecutors, police stations, prefectures, local police, etc.
Regarding the quarterly, semi-annual and annual trend, it will also be possible to monitor the trend of these phenomena in each country and around the world through public databases of national observers, ministries, regions, etc. Of course, by detailed assessment of local, regional and national cases, events and initiatives can be organized in specific realities with the participation of public and private bodies, associations and citizens in order to tackle and stop crime against the protection of the human rights of adults and children and young people.
- COMPOSITION AND POSSIBLE OPERATING STRATEGIES OF THE NATIONAL OBSERVATORY
- National Coordinator for Violence against Women, Children and Children.
The National Coordinator will support the Association's National Committee of Experts, consisting of a minimum of 5 to a maximum of 8 members) (Experts on Violence and on Prevention and Repression strategies)
- Deputy National Coordinator - (Expert on violence and strategies of prevention and repression)
The members of the National Observatory will be selected on the basis of a specific training program and the experience of the National Observatory Coordinator.
The National Coordination Office will assess the analyzes, territorial data and define the prevention and disclosure strategies to be adopted.
Territorial initiatives at different levels must always be agreed with the National Coordinator.
In order to have a greater impact on civil society, it would be important not only to collect statistical data on the phenomena of exploitation, violence, etc. to the detriment of women, minors and children, but also to implement awareness-raising projects and initiatives in schools (at all levels of education). It is also important to work with specific specialists competent in a given field (psychologists, criminologists and experts) to plan initiatives and collaborate with local, provincial, regional and national institutions as a support structure, albeit with a purely voluntary spirit.
It is clear that the project initially foresees provincial and regional roots to get first feedback through specially designated regional and/or zonal Observatory representatives working with the National Coordination Bureau and the National Team Presidency.
A report will be produced annually on the Observatory's data and activities, which will be presented in each country and collectively on a continental and global scale also for all initiatives and will be sent to the Secretary General of the IHRC in such a way as to focus on these issues on national and international levels. by government offices. The aim is that every country and world can apply the necessary tools and initiatives to combat all forms of violence, exploitation, etc. against children, young people and women.