1. National Competence Center Warsaw 3 rd -4 th March 2011 Conference: I love. I do not hit. The whole Europe against child abuse Building up a network to fight against domestic violence - the Ombudsman for children as a catalyst Maja Gabelica Šupljika Deputy Ombudsman for Children Croatia

2. Purpose  to present the role of the Ombudsman for children in strengthening the protection of children against domestic violence in practice;  to present some our achievements

3. Aspects of domestic violence  corporal punishment  physical abuse  psychological violence  sexual violence  negligence  work exploitation

4. The role of the Ombudsman  Protecting, monitoring and promoting  Warning, recommendating and proposing  Requesting reports  Giving impetus for adoption or revision of laws  Cooperating with children  Educating about children's rights Coordinating and initiating participation and cooperation between diferent target groups

5. Realization of the role depends on: 1.Legal framework 2.Data 3.Obstacles/ shortcomings/problems

6. Legal framework  Convention of the Rights of the Child  Family law  Penal law  The Law on protection against domestic violence  Protocol about the measures in the case of domestic violence  Strategies  Activity plans

7. Data  Ombudsman - ~12% of the complaints is on domestic violence  UNICEF – increase by 35% children suffering from domestic violence (2005-2009)  UNICEF – 81% children think that is not true that children are never battered and corporal punished  Ministry of interior affaires – in 2010 domestic violence against children constituted 25%

8. Obstacles/shortcomings/problems  Lack of awareness  Conflict of interest in various professions  Reality

9. Lack of awareness  court practice ₋measures of protection have been short term (prolonged after intervention of Ombudsman) ₋court measures and sanctions have not been as high as possible  social responsibility and lack of reporting (indifference of people)  lack of networking and coordination ₋various research/measures=various data ₋lack of efficient preventive programmes ₋different attitude of state prosecutors Obstacles/shortcomings/problems corporal punishment ≠ domestic violence corporal punishment is still justified and tolerated

10. Conflict of interest  Problems of ethics and confidence Obstacles/shortcomings/problems law obligation ≠ professional ethics

11. Reality  Lack of accommodation for victims  Accomodation provided – but short term  Lack of treatment of the victim and of the violator  Lack of a network supporting victims and witnesses  Lack of child friendly environment for children who are victims and witnesses Obstacles/shortcomings/problems

12. ACHIEVEMENTS The changes of interpretation of law Conference and book: Disputed divorces Program of parental responsibility for imprisoned parents Recognition of World Day of prevention of violence against children on state level

13. The changes of interpretation of law Parents have both the obligation and right to raise their children, so their right to discipline their small children physically must also be acknowledged, if they do not do so in a manner which humiliates the children, or causes them physical injury … The right to inflict (limited) corporal punishment may be granted by parents to another person, e.g. a grandparent, person employed to care for the children, or nursery school teacher…“ While until recently it was acknowledged that parents and those to whom they had transferred their authority had the right to discipline children physically… in more recent times, the understanding has prevailed that parents do not have the right, under any circumstances, to discipline their children physically…According to the definition of corporal punishment it arises that any hand raised against a child is an example of physical violence, even a light tap on the bottom, which does not represent a physical injury… We do not take issue with this point of view, but it still does not mean that every hand raised against a child represents a criminal offence…“ Novoselec, General Criminal Law 20072009

14. Conference and book: Disputed divorces  manipulation of children in divorce proceedings  not allowing contact with another parent as psychological abuse  physical violation

15. Program of parental responsibility for imprisoned parents Conference and book “The rights of children whose parents are imprisond” Raised awareness Ministry of Justice + Ministry of Family Prisons + Family Centers

16. World Day for the Prevention of violence against children 19th November  Recognised at the state level  Children's participation (“The Scars stay”)