THE GENERAL ASSEMBLY:
ADMIRES that GAR#19, Child Protection Act, aims to protect children from abuses;
ACCEPTS that physical and/or emotional abuse of children should be considered criminal acts within WA member states;
NOTES, however, that although this resolution states that "
A child is entitled to ... not to be physically or emotionally abused" it fails to criminalize such actions;
FEELS that while giving children the right to not be abused is laudable, it does not go far enough in working to prevent such horrific actions against children;
RECOGNIZES that this resolution's text also permits the continued abuses of children;
DETAILS that Clause 3 reads: "
A child has the right to remain with his or her parents or guardians, provided that articles 1 and/or 2 have not been violated;"
OBSERVES that such wording, at minimum, permits WA member nations to leave abused children in the care of those who are abusing them until such abuse can be proven, which may result in children remaining with their abusers throughout the investigative process;
BELIEVES that children should be protected from those who are accused of abusing them throughout the investigative and judicial process;
REALIZES that the wording of the aforementioned Clause 3 means that children have a right to remain with their parents or guardians, which would include those who may be:
- Detained in prison, for a crime unrelated to child abuse.
- Fighting in a war in a foreign country.
- Hospitalized for an extended period of time due to a severe illness or injury.
PROTESTS additional aspects of this resolution that cloud the issue of child protection rather than serving to clarify it:
- The resolution defines a child as “being under the age of consent or majority.” The use of or within this clause is ambiguous, as it may permit WA member nations to pick and choose which definition they wish to employ in a given situation, depending on what best serves the governmental interests, versus serving the best interests of the child.
- No exception is made for those children that have been legally emancipated.
- No close-in-age exemption is allowed for the purposes of consentual sexual contact, if the child is legally under the age of consent.
HOPES for future legislation that better ensures the true protection of children;
REPEALS GAR#19, Child Protection Act.
