Abuse, in general, has been defined as cruel and violent treatment of somebody. It includes the violation of certain fundamental and universal rights of an individual. Abuse is perpetrated by an individual or a group of individuals who are in a superior position of authority to the abused individual(s). There are, thus, many instances of abuse that occur every day but the most persistent abuse is that inflicted on children. Children possess certain rights that are inviolable. The crusade for child rights had a very uncertain beginning in the Geneva declaration in 1923.
The Geneva declaration was passed after the First World War when it was realized that children are victims of war. The declaration was passed to protect children from the effects of war regardless of their nationality. The declaration stated that a child should be:
1. Protected from any distinction of race nationality or creed;
2. Respected as an entity;
3. Given means for mental, physical and spiritual growth;
4. Provided basic necessities such as food, care, help in case of handicap, sheltered and helped if orphan;
5. The first to get relief in distress;
6. Receive full benefits from social security and welfare schemes, and must be trained so that he or she can earn when mature;
7. Brought up with the understanding that his talents must be devoted to the service of his fellow men.
(Fayyazudin, Jillani, Jillani; 1998)
This declaration paved the way for the declaration of the rights of the child in 1959. It was an extension of the Geneva declaration with a few additions. In addition to the Geneva declaration, the new declaration stated that a child:
1. Is entitled to a name and nationality from birth;
2. Need love and understanding;
3. Must be given an education;
4. Be given full opportunity for play and recreation;
5. Should not be allowed to work before a suitable minimum age; and
6. Should not be allowed to work in a situation that his harmful to health and education.
(Fayyazudin, Jillani, Jillani; 1998)
It should be understood that children possess rights as citizens of this world and the violation of these rights constitute child abuse.
Various ways were found to ensure the application of the declaration of the rights of the child. One way was the Convention of the rights of the child. The convention was formulated when Poland realized that the declaration was not legally binding even on the countries that had ratified it. It only carried general statements and the governments had a choice whether or not to follow the declaration. Thus, it was against the background of the first celebration of the international year of the child that Poland launched its campaign for the Convention On the Rights of the Child. The CRC was unanimously adopted by the 44th UN General assembly in 1989.
The CRC covers all aspects of the rights of the child. Including their civil, economic, social and cultural rights. It deals with all the aspects of a child’s development and defines a normal development as a basic right of all children.
Another major step that was taken was on the 30th September 1990 when, for the first time in history, 71 heads of states met at the UN World Summit and declared their determination to leave no stone unturned in the betterment of the state of children. The 71 leaders drew up a plan of action for the implementation of the world declaration on the survival, Protection and Development of Children. The seven main aims to be achieved by the year 2000 are:
· Reducing mortality for children under five by one third by combating diarrhoeal diseases, measles, tetanus, whooping cough and pneumonia.
· Halving the 1990 maternal mortality rate
· Halving severe and moderate malnutrition among children under five
· Providing universal access to safe drinking water and sanitation
· Providing universal access to basic education and completion of primary education by at least 80% of primary school age children
· Reducing the adult literacy rate to no more than half of the 1990 level with emphasis on female literacy; and
· Protection of children in specially difficult circumstances, particularly in cases of armed conflict.
(Fayyazuddin, Jillani, Jillani; 1998)
The Human Resources Management and Development Center (HRMDC) conducted a study on the working children of Peshawar. The study was published with the title “Their name is tomorrow…” The study revealed that in spite of Pakistan having signed the convention of the rights of the child, little was being done to alleviate child labor. A total of 200 children were interviewed in the period between September 1995 and March 1996. There were various occupations represented in the survey, scavenging being the most predominant (83 children). The second most predominant profession was apprenticeship in a mechanics shop (47 children). (HRMDC). The survey also showed that while children put in as many hours of work per day as adults, their earnings were far less in comparison. In other words the children were being exploited.
Molestation is a very common form of child abuse and is of the sexual nature.
Molestation may be defined as sexual contact with a minor regardless of whether the minor is willing or unwilling. (Lanning; 1992). This definition would encompass all those individuals who are legally children. Molestation is a form of child abuse because it blatantly violates the child’s right of security and safety. It is not only a physical assault but also has psychological repercussions. As such, it may prevent a child from enjoying a normal childhood; another violation of child rights.
There are two kinds of molesters; situational and preferential (Lanning; 1992). These two are broad categories devised by Dr Park Elliot Dietz. These two kinds may be further divided into various types.
Situational child molesters do not necessarily have a preference for children but engage in child molestation for various reasons. For such people, molesting a child may be a one-time experience or may be a long-term behavior pattern. For the situational molester, the victims also range from children to the elderly who cannot protect themselves. There seems to be a key word for situational molesters: helplessness.
There are four major types of situational molesters:
1.
Regressed
2.
Morally indiscriminate
3.
Sexually incriminate
4.
Inadequate
(Lanning; 1992)
Such offenders usually have low self-esteem and poor coping skills. They turn toward s children as a substitute for the preferred sex partner. He may also be under perpetual stress due to his imagined inadequacies. The main criterion for his victims is availability, which is why their victims may be their own children. His method of operation is coercion. Such a molester may or may not collect child pornography. If he does, it will usually be homemade photographs or videos of his victim. (lanning: 1992). This kind of child molesters is very common.
Sexual abuse of children is only a part of a general pattern of abuse (Lanning; 1992). Such people are abusers in general as well and they do not seem to have a special preference for children. All he needs are vulnerable and available victims. Such a person does not have the idea of a right and wrong and so to speak, does not have defined morals. He/she is not necessarily sexually deviant. His sole problem is the absence of a conscience.
Sexually
indiscriminate:
The people falling under this category are discriminate except where the question of sex arises. Such a person does not have a preference for children but is preoccupied with sexual experimentation. Although he/she may have child victims, the child victims are only a small part of the picture.
Inadequate:
An inadequate person may be suffering from mental diseases or, in everyday language, he may be called a social misfit. These people may be not only child molesters but also child killers. The child is a substitute for an adult that the molester is incapable of approaching due to his shyness. Some of these offenders are incapable of expressing negative emotions that pile up and are ultimately relieved through severe sexual torture. His victims may also include other helpless people.
Preferential child molesters
Preferential child molesters have a preference for children. They may be divided into three major categories:
1. Seductive
2. Introverted
3. Sadistic
Seductive offenders court the child with attention, affection and gifts. This is accomplished over a period of time. Very often, the children arrive at a point at which they are willing to cooperate with the seducer for the sake of the affection and attention. Many of the offenders are simultaneously involved with many other victims and very often operate a child sex ring. (Lanning; 1992).
Introverted:
This pattern of behavior is characteristic of the offender who lacks the interpersonal skills to seduce children and so he molests mostly young defenseless strangers. He is similar to the inadequate situational child molesters except that he has a definite preference for children and his selection of only child victims is much more predictable.
Sadistic:
The chief characteristic of these offenders is that they must inflict psychological or physical pain or suffering in order to be gratified. He is aroused by his victim’s response to the pain and suffering. They typically use lures or force to access their victims. These offenders are more likely than any other type of molesters to abduct and even murder their victims. (Lanning: 1992). It is not determined whether the sadistic needs are inherent or are developed later.
The national center for missing and exploited children published a child safety manual in October 1992 in which 8 essential tips for children were outlined. Children should learn and remember the 8 tips that are being quoted:
1. Before I go anywhere, I always check first with my parents or the person in charge. I tell them where I am going, how I will get there, who will be going with me and when I’ll be back.
2. I check first for permission from my parents before getting into a car or leaving with any one—even someone I know. I check first before changing plans or accepting money, gifts or drugs without my parents knowledge.
3. It is safer for me to be with other people when going places or playing outside. I always use the ‘buddy system’.
4. I say NO if someone tries to touch me in ways that make me feel frightened, uncomfortable or confused. Then I go and tell a grown up I trust what happened.
5. I know it is not my fault if someone touches me in a way that is not OK. I don’t have to keep secrets about those touches.
6. I trust my feelings and talk to grown ups about problems that are too big for me to handle on my own. A lot of people care about me and will listen and believe me. I am not alone.
7. It is never too late to ask for help. I can keep asking until I get the help I need.
8. I am a special person, and I deserve to feel safe. My rules are:
· CHECK FIRST.
· USE THE ‘BUDDY SYSTEM’.
· SAY NO, THEN GO AND TELL.
· LISTEN TO MY FEELINGS, AND TALK WITH GROW UPS I TRUST ABOUT MY PROBLEMS AND CONCERNS.
There are some laws that are applicable to the abuse and molestation of children in Pakistan. Unfortunately, they are rather ambiguous and the punishments reserved for the crime is not adequate. One example may be found in the Sindh legal system. The law is as follows:
“Whoever having the actual charge of, or control over a child willfully assaults, ill treats, neglects, abandons, or exposes him or causes or procures him to be assaulted, ill treated, neglected, abandoned or exposed or negligently fails to provide food, clothes, or medical aid or lodging for a child in a manner likely to cause such child unnecessary mental and physical suffering shall, on conviction, be punished with imprisonment of either description for a term not exceeding two years or with fine which may extend to RE 1,000 or with both.”
The Punjab children ordinance 1983, not yet in force, repeats basically the same provisions as stated above. However, the punishment it dictates is six months imprisonment or a fine of RE 500 or both. (Fayyazuddin, Jillani, Jillani; 1998)
The are various social and cultural norms prevalent in the Pakistani society which lead to the molestation of children. These norms also ensure that children do not readily report any incident of molestation that may have occurred.
As far as cultural norms are concerned, children are traditionally taught to be obedient to adults and any act of disobedience is generally punished. This leads to children being unwilling to report cases of molestation as they believe that reporting amounts to disobedience of an adult, specifically if they have been warned against reporting. Secondly, in a country like Pakistan where children from urban, well-to-do homes are not given the same freedom of movement as in the West, the molester is generally a person the child knows and trusts. The molester may be a servant, a family member or someone the child is dependant upon. The fact that the person is a generally trusted individual who has a veto on what the child says also determines whether or not the molestation will be reported. Furthermore, children are taught that adults are faultless and this leads to the child feeling guilty about the abuse even though he was the victim. This feeling of guilt also keeps a child from reporting the molester and the molestation continues with the child blaming himself for the ‘uncomfortable’ feelings.
As far as social norms are concerned, it is a taboo to talk about sex or any thing pertaining to it. This leads to a general lack of preventative information among children. Parents as a rule talk very little of sex with their children and the children are rarely, if at all, aware of what constitutes molestation. Thus, when a child is molested, he/she will rarely report it due to a number of reasons:
· he does not know that the molester has indulged in an illegal activity
· he does not know that he has a right to defense and protection from such acts
· he does not know how to define the act of molestation as he does not have any prior knowledge of acts of sexual aberrations and the ‘uncomfortable’ feeling cannot accurately be described
NGOs frequently carry out surveys and studies to gather information on various topics for which information is not otherwise readily available. One such topic is the abuse and molestation of children in Pakistan. As a result the extent of child molestation cannot be ascertained. However, the various studies carried out by NGOs do reveal some data of consequence.
A study conducted in 1990 covering 120 girls in the age group of 16-18, 26% had experienced disturbing sexual experiences with a friend or relative; 57% knew of people who had been sexually abused as children. (Fayyazuddin, Jillani, Jillani; 1998)
In another study that was conducted by ‘dast-e-shafqat’, a Karachi based NGO, 220 females from four colleges and university sites were surveyed in 1992. 15% reported sexual encounter in childhood while 82% knew people who had been sexually abused as children. (Fayyazuddin, Jillani, Jillani; 1998)
Sexual abuse of boys is even more common. (Fayyazuddin, Jillani, Jillani; 1998). Many sexually exploited children from the lower economic strata eventually grow up to become prostitutes.
Some salient features of a report prepared on the ‘State of human rights in Pakistan, 1998’ pertaining to children were printed in the SHE magazine in April 1999. Some of the data pertaining to child abuse and molestation is quoted:
· children of up to 18 years of age constituted a majority of the population. Those under 15 were 44% of the total.
· Infant mortality was among the highest in the world__ almost one per every ten live births. One more of every ten survivors died before his or her first birthday, and three of every 20 other before reaching five years of age. A child died every minute in it’s mother’s womb and a new born died every two minutes.
· One out of three children suffered from malnutrition. One half of the children under five were anaemic. 70% of all the under five deaths were attributed to food deficiencies. 89 of 1000 under five died of pneumonia, diarrhoea or vaccine preventable diseases. Measles was one of the major causes.
· An NGO Sahil, that totaled up the county wide figures, put the total reported number of sexually abused children at 848 and the perpetrators at 1601. As many as 69 children were killed after the assault.
· A survey among a sample of middle school children in Karachi concluded that 88.7% school goers were physically and/or verbally abused by teachers and parents. Slapping was the most common and it was most resorted to by mothers. Other forms were hitting with shoes, pushing and shoving, use of stick and neck gripping and choking.
· Child labor remained widespread. Most of the thirty million children in the 5-18 year age group who were not at school were doing regular work of one category or another.
· Reported incidents of sexual abuse of children occurred at a rate of well above two every day. Kidnapping for sexual abuse was reported in the case of 200 boys and girls in the Lahore press; sexual abuse was not reported in 424 other cases of kidnapping of minor girls.
· Children were also kidnapped for sale into forced labor or beggary.
· The largest number of child convictions (in the various jails) was for causing physical hurt (47%), followed by sexual offence (10.3%).
Several recommendations can be made with respect to the present state of Pakistan’s children.
1. The best step and the one with the most long lasting effect is the most obvious one; education. Children should be educated about their rights so that they know what constitutes abuse and molestation. They should be taught the 8 rules for safety outlined above.
2. Children should be encouraged to report any incident of abuse or molestation.
3. Children should be taught that all adults are not infallible; that refusing an act that is ‘uncomfortable’ or seems to be ‘wrong’ does not constitute disobedience; that their feelings of guilt are irrational since it is the perpetrator and not the victim that is guilty.
4. Molested children should be provided adequate counselling from the psychological point of view.
5. Parents should be given guidance where their children are concerned. This is specially true of Pakistan where sex and sex-related themes are tabooed. Parents should be educated and should be told to allow the imparting of preventative knowledge. Only then can children receive information that may eventually save their lives.
6. The state should recognize the right of a child to a safe and secure childhood. As such, tangible laws should be promulgated and the punishment for abuse and molestation should be increased as the present punishments are not harsh enough to act as deterrents.
7. It is a fact that child labor, and hence child abuse, is a result of the poor economic conditions of the region. It is, thus, suggested that the government should take concrete steps to ensure the equal distribution of wealth. As it is, some people have a lot of wealth while others are living below the poverty line. Such conditions are ideal for child abuse and molestation. It may be noted that that many of the atrocities against children are committed by people who are in a position to swerve the system of retribution. It is suggested that concrete steps be taken to bring these people to account. In other words, the legal system of the country must undergo a massive reform.
8. The last but not least in effect is the much touted but truly beneficial act: mass education. The mass media can play a truly commendable role in this area. By advertising and lambasting abuse and molestation as aberrant and undesirable deeds, the mass media can help create awareness among the masses.
As a last word, it does not take a lot of effort, time, or money to help those who need help-- all it takes is a little humanity.
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