OREWORD FOREWORD

THIS training manual is meant to provide knowledge and skills in child protection. The target group
for this manual are Recruit Constables. It discusses concepts of child protection and embraces them
within the context of human and children’s rights. The manual is an attempt to mainstream issues
of child protection and gender based violence in the basic recruit Malawi Police Service Training
curriculum.

This manual has been developed based on the standard principles of child protection and gender
based violence as outlined in the Malawi Police in service Child Protection Training Manual
and Guidelines to Victim Support Unit also developed by the Malawi Police Service. Before this
manual there was no such a resource for pre-service training on child protection and gender
based violence. It is our hope that Recruit Constables will now be graduating from Police Training
Schools with hands-on knowledge and skills to deal with cases on child abuse and protection and
gender based violence as they will be performing their duty as Police Officers. The manual has been
developed with the view that Police Officers in various branches like Traffic, CID, IB, Prosecution
and Community Policing should be in a position to competently handle cases of child abuse and
protection and gender based violence. It is not a tool for only Community Policing Officers in the
Victim Support Units. It is a document which has been developed based on the belief and principle
that every Police Officer is a Community Policing Officer and policing is community based since we
deal with members of the community in our line of duty.

This manual is a result of tireless efforts of the Task Force set up by the Malawi Police Service with
membership from Ministry of Gender, Children and Community Development, Malawi Human
Rights Resource Centre, UNICEF Malawi and other Civil Society Organizations to articulate issues of
abuse and the role of the police in protecting children. I highly commend the taskforce and UNICEF
for sponsoring the development of this manual.

It is therefore my hope that this manual will be very useful to both Police and members of the
community, children and women and all other law enforcers and other stakeholders who dedicate
their efforts in making lives of the people in our communities more fruitful, productive, safe and
secure.

PETER MUKHITO
Inspector General Of Malawi Police

1 CHILD PROTECTION MODULE

 ACKNOWLEDGEMENTS

The Malawi Police Service would like to thank all individuals, institutions and organizations
for their contributions to this Basic Recruit Child Protection and Gender Based Violence Police
Training Manual.

The Task Force is thanked for tirelessly working to develop this document. They included G.H
Kainja Senior Deputy Commissioner of Police, Officer In-charge Community Policing Services
Branch; Mary Taita Senior Deputy Commissioner of Police, Service Training Officer, Malawi Police
Service; Mercy Makhambera, Acting Director Malawi Human Rights Resource Centre; Hannings
Mlotha, Senior Assistant Commissioner of Police, Commandant Police College; Mlowoka Noel
Kayira Assistant Commissioner of Police, Deputy In-charge Community Policing Services Branch;
Former Senior Superintendent Fidelis Chinsakaso; Superintendent Darlington Mainala Akambadi,
Station Community Policing Coordinator, Mzuzu Police Station; Superintendent Dan Sauteni,
Station Officer, Salima Police Station, and Sub Inspector Alexander Ngwala, Child Protection
Officer, National Police Headquarters.

Finally, thanks goes to UNICEF for its financial and technical support in the development and
printing of this training manual. Mr. Peter Mukhito, Inspector General of Malawi Police, is also
thanked for his support and guidance throughout the development of this training manual.

CHILD PROTECTION MODULE 2

 TABLE OF CONTENTS
FOREWORD............................................................................................................................................................1
ACKNOWLEDGEMENTS.....................................................................................................................................2
TABLE OF CONTENTS......................................................................................................................................3-5

UNIT ONE: THE CONCEPT OF CHILD PROTECTION...........................................................................6-9

Learning Objectives
Instructional Activities
Introduction
Child Protection Systems Components
Child Protection Actors
Coordination for Child Protection
Child Protection Stakeholder Coordination
Role of the Police in the Creation of a Protective Environment
Unit One Review Checklist

UNIT TWO: CHILDREN’S RIGHTS...........................................................................................................10-13

Learning Need
Learning Objectives
Instructional Activities
Introduction
Relationship between human rights and child rights
Objectives of the UNCRC
Some Characteristics of UNCRC as a Human Rights Instrument
Fundamental Principles of the UNCRC
Child Rights in Malawi
Some Challenges in the Implementation of Children’s Rights at Country Level
Role of Police Officers in Supporting a Child Protection Environment
Unit Two Review Checklist

UNIT THREE: CHILDREN IN NEED OF CARE AND PROTECTION.................................................14-26

Learning Need
Learning Objectives
Instructional Activities
Introduction
Definitions
Factors Contributing to the Vulnerabilities of Children at Risk of Violence, Abuse,
Exploitation and Neglect
Other Factors that can lead to violence, abuse, exploitation and neglect are:
Violence Against Children
Forms of Child Abuse
Sexual Abuse
Physical Abuse
Psychological and Emotional Abuse
Exploitation
Child Trafficking
Child labour
Children Living in and/or on the Street
Neglect
Children that are placed at risk of violence, abuse, exploitation and neglect based
on ability and legal status

3 CHILD PROTECTION MODULE

Children with Disabilities
Refugee Children
Stakeholders working in the Malawi Child Protection System
Role of the Police in the Protection of Children at Risk of Violence, Abuse, Exploitation
and Neglect
Unit Three Review Checklist

UNIT FOUR: CHILDREN IN CONFLICT WITH THE LAW....................................................................27-32

Learning Need
Instructional Activities
Learning Objectives
Introduction
Pre-Trial Diversion Process
Preliminary Inquiry
Detention
Post-trial Phase
Role of the Police in Protecting the Rights of children in Conflict with the Law
Unit Four Review Checklist

UNIT FIVE: CHILD VICTIMS AND WITNESSES OF CRIME................................................................33-37

TABLE OF CONTENTS
Learning Need
Learning Objectives
Instructional Activities
Introduction
Key Issues to be Considered when Working with Child Victims and Witnesses of Crime
Good Practice Standards
Interview Methodology
Interview Questions for Child Victims of Sexual Abuse and Sexual/Gender Based Violence
Role of Police Officers in Working with Child Victims and Witness
Unit Five Review Checklist

UNIT SIX: COMMUNICATION WITH CHILDREN.................................................................................38-41

Learning Need
Learning Objectives
Instructional Activities
Introduction
How Children Communicate
Reasons Why Children Do Not Communicate
Practice Points for Communicating with Children
Play Therapy
Ethical Considerations While Working with Children
Role of Police in Communicating with Children
Unit Six Review Checklist

UNIT SEVEN: CHILD COUNSELLING SKILLS........................................................................................42-44

Learning Need
Learning Objectives
Instructional Activities
Introduction
Qualities of a Good Counsellor
Counselling Procedure
Interview Skills Used in Counselling
Role of the Police Officer in conducting Counselling
Unit Seven Review Checklist

CHILD PROTECTION MODULE 4

 UNIT EIGHT: ADVOCACY FOR CHILD PROTECTION........................................................................45-47
Learning Need
Learning Objectives
Instructional Activities
Introduction
Various Ways of Conducting Advocacy:
Process of Advocacy
Important Role of Advocacy in Child Protection and Anti-SGBV Measures
Challenges to Conducting Advocacy
Role of the Police Officers in Conducting Advocacy for Child Protection and Anti-
SGBV Measures
Unit Eight Review Checklist

UNIT NINE: VICTIM SUPPORT UNITS.....................................................................................................48-52

Learning Need
Learning Objectives
Instructional Activities
Introduction
TABLE OF CONTENTS

Types of Services Offered at VSUs

Types of Offences and Abuses Handled at the VSU
Forms of Gender Based Violence
Role of Police in Operating the VSU
Unit Nine Review Checklist

UNIT TEN: THE PREVENTION OF DOMESTIC VIOLENCE ACT......................................................53-55

Learning Need
Learning Objectives
Instructional Activities
Introduction
Definition of Domestic Relationship
Definition of Domestic Violence
Duties of Stakeholders
Specific Duties of Police Officers
Court Issued Orders in Relation to Domestic Violence
Role of Police Officers in Enforcing the PDVA
Unit Ten Review Checklist

BIBLIOGRAPHY.............................................................................................................................................56-61
APPENDIX.......................................................................................................................................................62-66
International Human Rights Conventions, Instruments and Provisions on Child Protection,
Child Justice and Sexual and Gender Based Violence
Malawi Legislation and Children Rights
Children, Age and Malawi Law

GLOSSARY -----------------------------------------------------------------------------------------------67-76

5 CHILD PROTECTION MODULE

 UNIT ONE their rights can be met and protected. According
to the protective environment model by UNICEF,
a protective environment is created and nurtured
THE CONCEPT OF CHILD by duty bearers, namely the family, community,
governmental and non-governmental authorities
as well as children. Children are entitled to grow
PROTECTION up in an environment that ensures they are
protected from all harm and danger.
Learning Need
Definition of a Child
Police officers should understand the A traditional definition of a child in many African
environment, coordination mechanisms and countries, Malawi, included is difficult to do
procedures necessary to provide children unless reference is made to the African traditional
and women with protection from violence, value system. In African traditional value systems
exploitation, abuse and neglect. Thus, children make up the primary focus of family and
police officers must understand the existing community life.i Children in a family, and in a
child protection system and their role and community, ensure the replacement and growth
responsibilities within that system. of a society. Family life, in the traditional African
society, was not only about the relationship
Learning Objectives between a child and his/her parents but also
By the end of this unit, police officers should be about a child’s relationship with the environment
able to: including the unseen gods and ancestors.

1. Explain the meaning of the terms “child and Today in Malawi, national legislation reflects
“child protection” a more definitive definition of what a child is.
2. Discuss the term “ Child Protection System” Under section 23(5) of the Constitution of Malawi
3. Discuss ‘coordination mechanisms’ a child is defined as a person under sixteen years
4. Discuss the importance of coordination in of age. The recently passed Child Care, Protection
child protection and and Justice Act, 2010 also stipulates that a child is
5. Discuss the responsibilities of the police in defined as a person 16 years and under. However,
ensuring a protective environment the United Nations Convention on the Rights of
the Child (CRC) and the African Charter on the
Instructional Activities Rights and Welfare of the Child define a child as a
person 18 years and under.
• Group exercises
• Class discussions Child protection
• Brainstorming sessions Child protection is a broad term used to describe
• Role play government and civil society services designed
• Lecturing to protect children and youth and to encourage
family and community stability.
Introduction
The concept of child protection puts a duty to
Protection of children involves preventing and care and protect children on individuals---men,
responding to specific situations where children women, communities and organizations and
are at risk of, or subject to, abuse, violence, their staff and partners--- towards children in their
physical, sexual, mental and emotional abuse, care. Child protection entails taking responsibility
exploitation, discrimination, persecution, for addressing issues encountered by children
exclusion, neglect or deprivation of parental or in families and communities and providing the
other family care. The goal of child protection is mechanisms to eradicate the disparities children,
to end the abuse, neglect or removing children and some women face such as:
from the abusive situation and securing those
children’s full integration or re-integration into a) Shortened lives;
their families and communities--or as a last b) Poor physical and mental health, growth and
resort, other protective environments, where all development;

6
CHILD PROTECTION MODULE
c) Educational problems (including dropping out networks have become weakened and in many
of school especially girls); situations, this has created room for children not
d) Poor parenting skills later in life; to enjoy optimum levels of protection within
e) Homelessness, vagrancy and displacement. the family and community. Since government
is constitutionally the guardian of rights, it is
There are many issues in society that are likely to incumbent upon it to ensure that appropriate
lead to these outcomes such as sexual and gender mechanisms are put in place for safeguarding
based violence which largely affects women and these rights.
girls, various types of abuse, commercial sexual
exploitation, child labour, and child marriage. The United Nations Convention on the Rights
Consequently, inadequate protection of children of the Child (CRC) and the African Charter on
and vulnerable women impacts them negatively the Rights and Welfare of the Child place the
throughout their life cycle. primary responsibility for raising children with
parents. However, when parents are unable to
Child Protection Systems Components do so, the State has a duty to assist parents and
A child protection system has certain structures, hence protect children. The community also
functions, capacities and stakeholders (i.e. has the responsibility to take the challenge of
children, family, the community) that function protecting children. There are also multinational
together to achieve established child protection organizations that have taken the responsibility
goals. A child protection system is said to to promote, prevent and respond to issues aimed
operate at several levels ranging from formal to at protecting children.
less formal.
Coordination for Child Protection
Structures, functions and capacities are the Coordination is a process by which two or more
building blocks of a child protection system entities such as organizations and individuals
while the continuum of care delineates the partner to achieve a common goal through
specific ways in which to respond to rights both formal and informal mechanisms. In the
violations, whereas the process of care specifies child protection system coordination involves
the procedures that are followed when the working with other stakeholders working in
system engages children, families and cooperation in the system to make the system
[Link] The system of care incorporates function and share experiences and ideas to
assessment strategies, case planning, client improve the system—as well as resources to
treatment and follow up--with specific processes enhance child protection work within individual
shaped by possible underlying services such as and intersecting spheres. Effective co-ordination
promotion, prevention or response. requires a clear definition of roles, responsibilities
and the function of authority to make decisions--
-which stems from the mandates of stakeholder
Child Protection Actors partners.
Some of the most important actors in the life
cycle of the child are: A police officer can contribute to facilitating
good coordination mechanisms through
a) The child good planning, communicating with internal
b) The family and external partners on current and future
c) Community (neighbourhood support institutional priorities, maintaining good records,
networks, faith based organisation, school etc) following through with developed commitments
d) The State and finally, having the ability to work in a team
e) Multinational organizations with different personalities as well as the ability to
compromise in order to achieve an overarching
Parents/guardians are often the most important goal for all stakeholders involved.
people in any child’s life. Conversely, the family
has also been found to be a frequent source of Effective coordination can occur through
violence, abuse, discrimination and exploitation. development of programmes and policies
As social change has taken place in many societies, through meetings, phone calls, letter writing
extended family and community support and generally engaging partners in discussions

7 CHILD PROTECTION MODULE

in order to establish goals and objectives and exploitation and neglect
delineate roles and responsibilities to provide c) Investigating cases of violence, abuse,
a functional protection system for children and exploitation and neglect
women. d) Prosecuting perpetrators of violence, abuse,
exploitation and neglect against children
Child Protection Stakeholder Coordination e) Providing sensitisation of, education on--- as
Developing and implementing coordination well as advocate for--child protection and
mechanisms are an important strategy as it may anti-sexual and gender based violence
be used to strengthen partnerships for protecting measures in community programmes and
children. Through adequate coordination government policies.
mechanisms human and financial resources are
consolidated as well as enhancing information Knowledge and Application Test
sharing thereby strengthening partnerships
among stakeholders to respond effectively to • What have I learned?
the needs of children. Effective coordination • How can I apply what I have learned to my
mechanisms are necessary in order to establish daily activities as a police officer working in
a critical forum for influencing actions and policy the justice system?
on child protection; avoiding duplication of • Who can I partner with in educating the
services by other service providers; it enhances women, children, families and communities I
responsibility sharing among stakeholders; work with on child protection?
it improves the quality of services through
information sharing and feedback received
from partners; and it facilitates expeditious case UNIT ONE REVIEW CHECKLIST
referrals. Some of the coordination partners
of police are the following (the list is not Definition of a child
exhaustive): - A child is defined as persons below the age of
sixteen years under the Child Care, Protection
• Social Welfare Office (social welfare officers, and Justice Act, 2010.
probation officers, community child - A child is defined as persons below the age
protection workers) of eighteen under the UN Convention on the
• Child Justice Court (child justice magistrates, Rights of the Child and the African Charter on
juvenile justice officers, paralegals, probation the Rights and Welfare of the Child
officers)
• One Stop Centres based in hospitals in Definition of child protection: is a broad term
Lilongwe, Blantyre, Zomba and Mzuzu (social used to describe government and civil society
workers, medical practitioners and clinicians) services designed to protect children and
• Schools (counsellors, social workers, teachers) youth and to encourage family and community
• Civil Society Organisations (Faith based stability.
organisations, community based
organisations, local non-governmental Definition of child protection system: it
organisations) operates at several levels ranging from formal
• Multinational organisations (UNICEF, Save the to less formal with specific processes shaped by
Children, Plan Malawi) possible underlying services such as promotion,
prevention or response.
Role of the Police in the Creation of a Protective
Environment Coordination for child protection: is a
process by which two or more entities such as
Police officers have an important role in organizations and individuals collaborate to
providing a protective environment for children achieve a common goal through both formal
by: and informal mechanisms.

a) Ensuring that law and order is abided by all Effective coordination can occur through:
citizens development of programmes and policies
b) Identifying possible cases of violence, abuse, through meetings, phone calls, letter writing

CHILD PROTECTION MODULE 8

 and generally engaging partners in discussions governmental organisations)
in order to establish goals and objectives and - Multinational organisations (UNICEF, Save the
delineate roles and responsibilities to provide Children, Plan Malawi)
a functional protection system for children and
women. Role of police
- Ensuring that law and order is abided by all
Potential coordination partners: citizens
- Social Welfare Office (social welfare officers, - Identifying possible cases of violence, abuse,
probation officers, community child exploitation and neglect
protection workers)
- Child Justice Court (child justice magistrates, - Investigating cases of violence, abuse,
juvenile justice officers, paralegals, probation exploitation and neglect
officers) - Prosecuting perpetrators of violence, abuse,
- One Stop Centres based in Hospitals in exploitation and neglect against children
Lilongwe, Blantyre, Zomba and Mzuzu (social - Providing sensitisation of, education on--- as
workers, medical practitioners) well as advocate for--child protection and anti-
- Schools (counsellors, social workers, teachers) sexual and gender based violence measures
- Faith based organisations Civil Society in community programmes and government
Organisations (Faith based organisations, policies.
community based organisations, local non-

Effective coordination
mechanisms are necessary in
order to establish a critical forum
for influencing actions and policy
on child protection...

9 CHILD PROTECTION MODULE

UNIT TWO category of individuals. Namely, because of
children’s dependence on adults for care and
protection they are often at risk of being taken
advantage of by adults who will perpetrate
CHILDREN’S RIGHTS violence, abuse, exploitation and neglect against
them. The UNCRC is one of the first international
Learning Need instruments documenting children’s rights and is
viewed through another founding human rights
Police officers should understand the concept of document known as the Universal Declaration of
child rights and various child rights instruments Human Rights (UNDHR). The UNCRC:
in order to better provide protection to children.
a) Reaffirms children rights already given to
Learning Objectives human beings, young and old, in general
through other instruments.
By the end of the unit, police officers should be
able to:
b) Strengthens certain basic human rights in
1 Explain the relationship between child’s rights order to take into account the special needs
and human rights and vulnerability of children.
2 Explain the concept ‘child rights’ c) Sets standards in areas that are of particular
3 Explain the objectives of children’s rights relevance and importance to children.
instruments. d) Sets mechanisms for the States’ accountability
4 Describe the principles of the United Nations
Convention on Rights of the Child and the Objectives of the UNCRC
African Charter on the Rights and Welfare of
the Child The rights of the child as formulated in the
5 Identify challenges faced in meeting UNCRC are meant to be implemented for the
protection of children’s rights benefit of the child with a view to attain two
broad objectives:
Instructional Activities
a) To facilitate the survival, development,
• Group exercises participation and protection of the child.
• Class discussions It is expected that each right enshrined in
• Brainstorming sessions the convention, if enjoyed by the child, will
• Role play contribute towards this aim.
• Lecturing b) To facilitate intra- and inter-generational
fairness and justice by ensuring that resources
Introduction are mobilized for the enjoyment of rights
Children’s rights are human rights and there are by the current generation of children, as well
several international human rights instruments as putting measures into place to ensure that
that guarantee children’s rights. These include this does not jeopardize the rights of the next
the United Nations Convention on the Rights of generation of children.
the Child (UNCRC), African Charter for the Rights
and Welfare of the Child (ACRWC) and the United Some Characteristics of UNCRC as a Human
Nations Convention on Elimination of all Forms Rights Instrument
of Discrimination against Women (UNCEDAW).
Children’s rights, just like all human rights,
Relationship between human rights and child have specific characteristics that shape them.
rights
The principal ones being that they are;
Child rights build upon existing human rights
but go further to re-emphasize the protection • Need-based: Children’s rights are entitlements
of children because children are a special that are necessary because their deprivation
makes child survival difficult.

CHILD PROTECTION MODULE 10

• Universality: Human rights are universal and Children have a right to life, survival and
for all people. This principle derives from development. It is crucial to guarantee the right
Article 1 of the UDHR, which states, “All to basic services and equal opportunities so that
human beings are born free and equal in all individuals can fully develop. This is about
dignity and rights.” This principle is the distributive justice: a guarantee to the right to
foundation of all human rights conventions basic services, which is equal opportunity for all
and instruments. Thus children everywhere individuals to achieve full development.
are
entitled to the same rights d) Participation (Article 12)
• Indivisible and Interdependent: No right can
be separated from another right (indivisible). This principle means that the views and voices of
children must be heard and respected. Children
All rights are linked to one another (interrelated) must be given the right to participate
and each and all rights are permanent and in decision making on issues that affect them.
essential to the human dignity of the child.
Child Rights in Malawi
Fundamental Principles of the UNCRC and the
ACRWC The Constitution of Malawi

The UNCRC and the ACRWC has four main Chapter IV of the Constitution of Malawi is
principles to protect the child: devoted to human rights. Largely it upholds
the human rights of all persons in Malawi
a) Non-discrimination (Article 2): The principle and the rights of children are specifically
of non-discrimination on the basis of race, mentioned. Namely, the protection of child
colour, gender, language, opinion, origin, rights is specifically mentioned in Section 23(4),
disability, which states that “children are entitled to be
birth or any other characteristic, means that all protected from economic exploitation or any
children have the same right to develop their treatment, work or punishment that is or is likely
potential. to be hazardous.” This includes those acts that
are likely to interfere with their education and
b) Best Interests of the Child (Article 3) be harmful to their health or to their physical,
• Every child is to be “a primary consideration” mental or spiritual or social development.
in all actions regarding children
• Certain factors should be taken into The Child Care, Protection and Justice Act, 2010
consideration in determining outcomes and The Child Care, Protection and Justice Act
guarantees, and that other interests such (the Act) passed in 2010 seeks to improve the
as those of the state, parents or other, will not care and protection of children in Malawi by
automatically prevail incorporating provisions of the UNCRC and
• It is the right of each child to express his or her ACRWC. Both human rights instruments as well
views in all matters related to his or her life, in as Schedule three of the Act aim to protect and
accordance with age and maturity uphold the ‘best interest of the child.” Some of
• The principle of the “best interest of the child” the provisions of the Act deal with:
is applicable in three main ways:
• Establishment of a separate court system for
1. It supports a child-centred approach; children;
2. It serves as a mediating principle---in other • Guidelines on diversion, arrest and detention
words it can help to resolve confusion of children;
between different rights; • Duties and responsibilities of parents towards
3. It provides a basis for evaluating the laws children in conflict with the law;
and practices of State parties with regard to • Determination of children in need of care and
the protection provided to children. protection, and
• Duties and functions of local authorities in
c) Right to Life, Survival and Development childcare and protection;
(Article 6) • Protection of children from undesirable

11 CHILD PROTECTION MODULE

 practices. Some Challenges in the Implementation of
Children’s Rights at Country Level
Definition of a Child in existing legislation
The Child Care, Protection and Justice Act, Each country faces unique challenges in dealing
2010 defines a child as anyone below the age with children’s issues. Some of the challenges
of 16. However, there are still other pieces of faced by Malawi in ensuring the rights of children
legislation where child is defined differently include:
and police officers should make note when • Mobilisation of critical and appropriate
enforcing various legislative provisions related resources for ensuring human rights
to the childThus the following definitions of • Ensuring that the best interests of the child
a child found in Malawi law should be kept in are complied with in working with children
mind by police officers: • Harmful cultural practices. Children remain
subject to cultural practices that limit the
• Equal treatment before the law: Section enjoyment of their rights—early marriage is
23(5)- Constitution of Malawi defines a child such a practice—as it denies the girl child
as a her right to childhood.
person under sixteen years of age. • The lack of awareness and understanding
• Criminal Responsibility: Section 14 of of what constitutes sexual and gender based
the Penal Code provides that criminal violence and educating persons on the legal
responsibility is attributable at age seven (10) measures that are in place to protect their
years, though between ages 10 to 14 there is rights, especially those of women and the
presumption of lack of criminal capacity. girl child.
• Suffrage: The Malawi Constitution provides • Lack of enforcement of legislation on child
that one is a voter if one has attained age 18. protection as well as legislative gaps for
• Employment: Employment Act provides child protection, such as no specific law on
for employing children from the age of 14 trafficking in persons which
years. According to the Employment Act of disproportionately impacts the girl-child
2000 between ages 14-18 children may only (currently only a Bill).
be employed in work that is not hazardous. • Lack of awareness and understanding of
Hazardous work is any occupation or activity proper prevention and treatment of HIV and
that is likely to be harmful to health, safety, AIDS. It is important to curb the adverse
education morals or development of such effects of HIV and AIDS, such as the large
person or prejudicial to his attendance at number of children orphaned by parents/
school or any other vocational or training guardians who have succumbed to HIV/AIDS
programme. (Employment Act section 22(1 related illnesses, in order that these effects
(a) do not persist in placing children at high risk
• Age of Sexual Consent: Section 138 of the of violence, abuse, exploitation and neglect.
Penal Code says it is a criminal offence to have
sexual intercourse with a girl below age 16, for Role of Police Officers in Supporting a Child
boys, under section 14, it is stated that a boy is Protection Environment
presumed to be incapable to consent to
sexual intercourse if he is 14 years and below. Police officers are often on the forefront of
• Marriage: The Constitution of Malawi in protecting the rights of children. Therefore,
section 22 (6) provides that “no person over police officers should perform their roles and
age 18 shall be prevented from entering responsibilities as a police officer in a child
into marriage”. Section 22(7) states that friendly manner and when in the position to do
for “persons between the age of fifteen so, to advocate for policies, laws and programmes
and eighteen years a marriage shall only be that protect their rights.
entered into with the consent of their parents
or guardians,” yet, the Marriage Act states that Knowledge and Application Test
a person under 21 years is a minor and can
enter into marriage with a written consent of • What have I learned?
their parents or guardians. • How can I apply what I have learned to my

CHILD PROTECTION MODULE 12

 daily activities as a police officer working in - Right to Life, Survival and Development:
the justice system? Children have a right to life, survival and
• Who can I partner with in educating the development.
women, children, families and communities - Participation: The views and voices of children
I work with on children’s rights? must be heard and respected.

Child Care, Protection and Justice Act, 2010:

it seeks to improve the care and protection of
UNIT TWO REVIEW CHECKLIST children in Malawi by incorporating provisions
aimed at protecting and upholding the ‘best
Objectives of the United Nations Convention interest of the child.” It provides for (Schedule
on the Rights of the Child and the African 3 provides guidance):
Charter on the Rights and Welfare of the - Establishment of separate court system for
Child children;
- To facilitate the survival, development, - Guidelines on arrest and detention of children;
participation and protection of the child. - Duties and responsibilities of parents towards
- To facilitate intra and inter-generational fairness children;
and justice. - Determination of children in need of care and
protection;
Characteristics of the UNCRC as a Human - Duties and functions of local authorities in
Rights Instrument childcare and protection;
- Need-based - Protection of children from undesirable
- Universality practices.
- Indivisible and Interdependent
Role of Police Officers in Supporting a Child
Fundamental Principles of the CRC Protection Environment
- Non-discrimination: All children have the
same right to develop their potential. - Perform their roles and responsibilities as a
- Best Interests of the Child: Every child is to be police officer in a child friendly manner.
“a primary consideration” in all actions regarding - Advocate for policies, laws and programmes
children. It is applicable in three main ways: that protect children’s rights.
1. it supports a child-centred approach;
2. serves as a mediating principle, it can help to
resolve confusion between different rights;
3. provides a basis for evaluating the laws and
practices of states parties with regard to the
protection provided to children.

Police officers are often on the

forefront of protecting the rights
of children. Therefore, police
officers should perform their
roles and responsibilities...

13 CHILD PROTECTION MODULE

UNIT THREE they can be protected.

Definitions
1. Violence against children (VAC): this can range
from abuse in the family and in institutions, to
CHILDREN IN NEED OF organized sexual abuse including commercial
sexual exploitation, sex tourism and child

CARE AND PROTECTION pornography, forms of punishment and

discipline that infringe upon the physical,
psychological and emotional integrity of the
Learning Need child
2. Sexual and Gender based violence (SGBV): It
Police officers should understand the is determined by gender differences based on
circumstances and challenges facing children the unequal power relationships between
at risk of violence, abuse, exploitation and men
neglect and what role police play in providing and women. The United Nations defines
child protection within, as well as outside of, gender based violence as “any act that results
the child justice system. in, or is likely to result in, physical, sexual or
psychological harm or suffering to a person
Learning Objectives based on that person’s gender, including threats
By the end of this unit, police officers should be of such acts, coercion or arbitrary deprivation
able to: of liberty, whether occurring in public or
private life.”iii Many of the practices that
1. Discuss the terms violence against children, impact women
sexual and gender based violence, abuse, through SGBV in adulthood--often begin with
exploitation, and neglect, with awareness of the girl child.
groups of children who may be discriminated 3. Abuse: To physically hurt or injure by
against due to ability and legal status. maltreatment--it can include, for example,
2. Discuss the factors that contribute to forced sexual activity on a child such as
increasing children’s exposure to violence, defilement or molestation. In addition it can
abuse, exploitation and neglect include continuous and consistent
3. Identify the stakeholders working in the contemptuous, coarse, or insulting words to a
Malawi child protection system child.
4. Identify the legal framework for child 4. Exploitation: to take unjust enrichment from
protection and prevention of SGBV the vulnerable condition and/or desperate
5. Discuss the role of the police in supporting circumstance of a person, in this case a child,
children at risk of violence, abuse, exploitation to
and neglect. the economic, social and or cultural benefit of
the exploiter.
5. Neglect: to fail to properly care for a child and
to disregard the physical, psychological and
Instructional Activities emotional needs of a child.

• Group exercises
• Class discussions Factors Contributing to Increasing Children’s
• Brainstorming sessions Exposure to Violence, Abuse, Exploitation and
• Role play Neglect
• Lecturing
• Chronic poverty impacts a wide range of
Introduction persons in Malawi. Most individuals who
This unit focuses on children at risk of violence, experience chronic poverty are ‘working poor,’
abuse, exploitation and neglect as a child with some individuals unable to engage in
protection issue. Specifically, it will look into the labour market. They include people
how these issues impact children and how who are discriminated against or socially

CHILD PROTECTION MODULE 14

 marginalised, frequently because they are child trafficking and sexual exploitation.
members of ethnic, religious, indigenous,
nomadic and caste or class groups. They are Other Factors that can lead to violence, abuse,
also migrants and bonded labourers; exploitation and neglect:
refugees
and internally displaced; disabled people; Most often, incidences of violence, abuse, and
those with ill health; and the young and old. neglect and in some cases, exploitation are
In the context of Malawi, it also includes poor the result of a combination of lack of parenting
women and girls who are the most likely to and coping skills, substance abuse in the home
experience lifelong poverty. by parents/guardians, non-supportive family
• Lack of access to educational and vocational systems and support networks, highly stressful life
opportunities due to poverty which may lead circumstances, and absence of societal support
children to drop out of school and begin for parents who are often left with no options for
living providing for their children.
in and on the street or at risk of exploitation,
further negative consequences associated Violence Against Children
with weather-related disasters, particularly
droughts and floods, that leave children Violence against children is the umbrella term
without parents, a home and/or food for all acts that impede upon the physical,
• High prevalence of HIV/AIDS adversely psychological, emotional and sexual integrity of
affecting communities and households— a child, and can include specific acts of sexual and
particularly when primary bread winners gender based violence that disproportionately
often fall ill or die to HIV/AIDS related impacts the girl-child in a harmful way. Violence
illnesses. is ever prevalent in today’s society and it is as a
Many children are thus no longer supported police officer you will see the many forms that it
by the ill parent, or in some unfortunate can take, as it impacts children, particularly girl
circumstances, are left orphans. An orphan is children.
a child who is under 18 years old and has lost
one or both parents due to death. Thus due Namely, children are easily recruited, encouraged,
to HIV/AIDS related causes-children lose the entrapped and forced into sexual slavery,
security and safety of their immediate commercial sexual exploitation, pornography,
families, and they frequently end up taking and sex tourism. They can be sold under the cover
adult responsibilities at a young age. of inter-country adoptions, for organ transplants,
• Loss of future economic security through exploited for their labour, and in some countries,
property “grabbing” when inheritance laws even here in Malawi, used in criminal activities,
are not properly administered or enforced. such as selling drugs, robbery, burglary and petty
• Lack of parenting and coping skills by theft.
parents,
guardians and caretakers. Sexual and Gender based Violence or (SGBV)
• Rural to urban migration which has resulted is determined by gender differences – such
in an increase in the number of urban poor as the unequal power relationship that often
who are unable to provide adequate support exists between men and women. It includes
for their children and thus plays a major such practices as sexual threats, exploitation,
factor humiliation, assaults, molestation, incest,
in, for example, children who arrive on the insertion of objects into genital openings, rape
street to work/beg in order to provide money and attempted rape. Some traditional practices
or food for the family. that are based exclusively on one’s gender can
• The persistent inequalities faced by women also be included as a form of SGBV—for example
and girls in the legal, social and economic bulangeti la mfumu (during the coronation of a
spheres increase their vulnerability to violence, traditional leader young girls are identified to
abuse and exploitation. sexually please the leaders who have travelled to
• Cultural practices and societal perceptions witness the coronation); nthena (a practice where
on how children should be treated thus a married woman’s younger sister is then given
perpetuation of child marriage, child labour, to her husband for marriage---she is considered

15 CHILD PROTECTION MODULE

a bonus wife) and child marriage. The latter an adult’s genitals (“flashing”), verbal pressure
in particular substantially increases maternal for sex, and sexual exploitation for purposes of
morbidity and mortality. These are practices commercial sex work or making a child watch
that cannot be justified or overlooked based sexual acts or pornography and using a child in
on the reasoning of tradition, culture or social any aspect of the production of pornography.
conformity.
Perpetrators of Sexual Abuse
Domestic violence, which is more highly Usually, the perpetrator is older than the
determined by the intimate nature of the victim. Perpetrators can be non-relatives/
relationship between partners, and family, is acquaintances, including friends of the family,
also included in the concept of SGBV. neighbours or community members. However,
perpetrators can also, and in many cases it is
Child Abuse often the reality, that they are a close relative,
Child abuse is often a deliberate act or omission like a father, uncle, cousin, mother or aunt that
by duty bearers, who children hold in trust sexually abuse children. Strangers can also be
and who society has given power to care for perpetrators of child sexual abuse cases, but it
children. Indeed children in this case are victims is not as prevalent because sexual abuse usually
of the imbalance in power relations between occurs where children know and trust the adult
them and the duty bearers. Such duty bearers that violates them.
can be parents, guardians, teachers, doctors,
religious leaders, lawyers, police officers and just Other perpetrators include staff and caregivers in
about any adult who is in a position of authority institutions such as care institutions and schools.
or power with a child. In addition, many forms of For example, teachers have been reported for
abuse arise from ignorance, isolation or neglect. taking advantage of their positions to threaten
Sometimes cultural beliefs lead to abuse, for and force children into having sex with them.
example: Sexual abuse occurs in surroundings that are
• Believing that children are property and familiar to the child. Perpetrators usually do this
thus can be treated anyway that the parent/ to avoid any suspicion from the child or persons
guardian etc decides other than the child survivors--such places
• Parents (especially males) have the right to include homes and other compounds familiar to
control their children in any way they wish the child.
• Children need to be toughened up to face the
hardships of life Signs of Sexual Abuse
• Girls need to be initiated into adulthood Physical Signs:
through a sexual act • Show signs of torn, stained, or bloody
underclothing,
Forms of Child Abuse • Experience pain or itching in the genital area,
• Have bruises or bleeding in external genitalia,
Sexual Abuse vagina or anal regions,
• Have sexually transmitted infections
This can be referred to as inappropriate and • Have swollen or red cervix, vulva, or perineum.
unlawful sexual behaviour with a child. The
abuse incorporates a wide range of sexual Behavioural Signs:
behaviours that take place between a child and • Children may appear withdrawn,
an older person (including another older child). • Develop agitated behaviour,
Behaviours that are sexually abusive often • Experience nightmares,
involve bodily contact, such as in the case of • Engage in repetitive play in which they express
sexual kissing, touching, fondling of genitals or some aspects of the abuse,
making the child fondle the adult’s genitals, and • Some children begin wetting or soiling the
oral, anal, or vaginal sexual intercourse, incest, bed,
rape, sodomy, and exhibitionism. However, • Others have been found to devalue sexual
behaviours may be sexually abusive even if they acts and develop fears about a certain person
do not involve contact. For example, in the case or certain places.
of genital exposure or making a child look at • Some children also tend to show sexual

CHILD PROTECTION MODULE 16

 behaviour or seductiveness or have more • Bald spots on their head, or
knowledge about sex than is unusual for their • Bruises or large swellings in various stages of
age. healing all over the body.
Physically abused children may also be
Physical Abuse shy, withdrawn, and uncommunicative or
Physical abuse is any physical injury made to hyperactive, aggressive, and disruptive. Many
a child or maltreatment of a child, which may abused children may not show emotion when
be the result of any assault on a child’s body. they are hurt and may try to offer implausible
It refers to the infliction of physical harm on explanations for their injuries.
a child by a parent or caregiver and can be
intentional or unintentional. Physical abuse Psychological and Emotional Abuse
often occurs simultaneously with other forms This consists of verbal, mental and psychological
of child maltreatment. Physical abuse can also maltreatment and it includes acts or the failure
be characterised by harming a child as a form of to act by parents or caretakers that have caused
physical punishment that is inappropriate to the or could cause serious behavioural, cognitive,
child’s age. For instance, when a child is being emotional, or mental disorders. This can
physically abused, more often than not he/she include parents or caretakers using extreme
is also being belittled and verbally insulted, in and/or bizarre forms of punishment, such as
which case they are experiencing both physical confinement in a closet or dark room, being
and emotional abuse. It includes but not limited tied to a chair for a long period of time and
to threatening or terrorizing a child.

• Beating with any object, Verbally abusive statements to children by

• Biting a child, their caretakers are repetitive and continue
• Breaking a child’s arm, leg, or other bones; over time—and thus have a psychological and
• Burning a child with any object, emotional impact on the child. Examples of such
• Hitting or kicking a child, verbally abusive statements are “You are stupid”
• Pulling a child’s hair, “I wish you were never born” “Look at your
• Punching a child, face” Thus, psychological and emotional abuse
• Scalding a child, attack the child’s psyche and self-concept which
• Shaking, shoving, or slapping a child. leads to the victim seeing himself or herself as
• Kicking a child unworthy of love and affection.
• Poking a child with a knife or stick in such
places as the eye or ear Forms of Psychological/Emotional Abuse
Emotional abuse is almost always present with
Perpetrators of Physical Abuse another form of abuse and can take many forms,
Physical abuse is not limited to any specific such as:
subset of the population. Families from all
socioeconomic backgrounds engage in physical • Belittling
abuse and children can be subjected to physical • Coldness or ignoring the child
abuse regardless of their sex or age. • Inappropriate control: This takes three forms:
lack of control, over control and inconsistent
Signs of Physical Abuse control. Lack of control puts children at risk of
Physical abuse is the most visible form of child danger or harm to themselves. Over control
abuse or maltreatment because physical signs robs children of opportunities for self-assertion
are easily noticed. Physical signs of abuse and self-development by preventing them from
include: exploring the world around them. Inconsistent
• Human bite marks, control can cause anxiety and confusion in
• Fingernail scratches that leave parallel linear children and can lead to a variety of problematic
marks, or behaviours as well as impaired intellectual
• Other lacerations or abrasions that may development.
indicate an instrument used, • Isolating the child from friends, classmates
• Some children may have missing, loose, or and other normal social interactions,
broken teeth, • Rejecting the child by refusing to hug or kiss

17 CHILD PROTECTION MODULE

 the child, --providing adequate information and
• Terrorizing the child by threatening to punish alternatives available to prosecution as well
or creating an environment of constant fear as guidance on the legal process to pressing
for the child charges and prosecuting the perpetrator
• Ensure that the information given and the
Perpetrators of Psychological/Emotional Abuse identity of the child are kept confidential
Emotional abuse of children can come from • Allow the victim to express their emotions if
adults or from other children with whom the need be and let them terminate the session if
children associate. They could include parents desired
or caregivers, teachers, siblings, bullies at school • Assure confidentiality to the child and only
and peers. involve a family member, i.e. a parent or
caregiver, at the consent of the child, then find
Signs of Psychological/Emotional Abuse out significant others, especially family and
Emotional abuse is the most hidden and friends, who may be able to assist the victim.
underestimated form of child maltreatment.
This is because it usually does not leave physical Exploitation
injuries. Some of the signs and symptoms of
psychological/emotional abuse include: Commercial or other exploitation of a child refers
to use of the child in work or other activities for
• Lack of concentration the benefit of others. This includes, but is not
• Show of extremes in behaviour, such as overly limited to, child labour and child commercial
compliant or demanding behaviour, extreme sexual exploitation. These activities are to the
passivity or aggression detriment of the child’s physical or mental
• Is either inappropriately adult, (for example, health, education, or spiritual, moral or social-
parenting other children), or inappropriately emotional development. Exploitation can come
infantile, (for example, frequently rocking or in various forms, but the forms we will give most
head-banging) attention to are child trafficking, child labour
• Delayed physical or emotional development and the vulnerability of children living on/in the
• Lack of attachment to the parent street.
• Depression
• Hostility Child Trafficking

Assistance to a Child who has been Sexually, Child trafficking is the recruitment,
Physically and/or Psychologically/Emotionally transportation, transfer, harbouring or receipt
Abused of persons by means of threat or use of force or
Abused children need special assistance to other forms of coercion of abduction or fraud,
reduce chances of trauma. To assist the child: of deception of abuse of power or of a position
• Ensure that the child has visited a medical of vulnerability or of the giving or receiving of
practitioner or other medical professional to payment or benefits to achieve the consent of
attend to and treat any injuries. a person having control over another person for
• Ensure that the child is in a safe, quiet place the purpose of exploitation i.e. sexual, labour,
where they will be comfortable to speak services, removal of organs among others. It is
• Listen keenly to what the child has to say and a practice that is a violation of children’s rights
try not to deny the problem that the child is and reduces child victims to commodities to be
explaining bought, sold, transported and resold for sexual
• Avoid blaming the child for what has exploitation, domestic service, street begging
happened or other forms of child labour on plantations, on
• Avoid intimidating questions as this may construction sites, in mines, in shops or in other
harass the child informal or entertainment work.
• Avoid imposing your views and feelings on
the child The majority of trafficked children come
• Help the child to make informed decisions of from large and poorly educated families who
what they may want to do about the offence— are seeking a better life and often believe
prosecute the matter or drop the charges- such promises as money and educational

CHILD PROTECTION MODULE 18

opportunities for their children offered by the without their parents’ knowledge—which is
trafficker. Child trafficking is also facilitated by not necessary as long as the child is being taken
traditions and customs- for example in Malawi, it for the purpose of exploitation. This could be
is part of Malawian culture to sometimes to give directly kidnapping a child, or wooing a child
away young girl children in exchange for food with good prospects and money that the job will
and other forms of gifts. According to a report provide. Traffickers take advantage of a child and
by the Centre for the Protection of Trafficked his/her family’s poverty and vulnerability and
Persons (2006), selling children for food and offer cash to the parents or caregivers or offer to
alleviation of poverty is a cultural practice meet the costs of child care in exchange for the
(kupimbira) which has been on-going for a long child. In certain cases, traffickers falsely promise
time. It involves exchanging girls for basic goods that they are going to educate and provide for
as a means to a family’s survival. Young boys are the child, make false declarations of parentage as
not spared either, particularly in areas where well as obtaining parental consent by deception
they are preferred more than girls, especially in so that they can traffic the child. Instead,
labour environments. The trafficking of children traffickers often take the salary of the trafficked
is also as a result of unmet demand for cheap child and then subject the child to exploitation,
labour and although children are generally less abuse and often violent circumstances.
productive than adults, they are easier to abuse,
less assertive, less able to claim their rights and According to a report by the Centre for the
can be made to work longer hours with little Protection of Trafficked Persons (2006) there are
food or money. two forms of trafficking in Malawi iV:

Children who are trafficked are forced to Cross-border Trafficking

make dangerous journeys where upon arrival, This involves trafficking of persons to other
they are forced to work long hours in harsh countries. Most victims are lured by deception
conditions without resting, recreation or of lucrative and well paying jobs, which upon
education. Their basic food, health, sanitation arrival turns out to be another form of work-
and clothing requirements are not met, and - such as commercial sex work, forced labour
sometimes they are not paid. In addition, they services, domestic servitude, street begging,
face beatings and other forms of physical abuse peddling, and forced marriage. Most recruiters,
from their employer and, particularly in the case as indicated in the report, are Malawian nationals
of child domestics, traumatized by abominable with links to other traffickers in the rest of the
working conditions, ill-treatment and diseases. world. The children are usually taken from
On plantations children are poisoned by the Malawi to South Africa, and from there they
chemicals used in farming, they suffer skin are trafficked to the other cities in other parts
diseases, heat stroke, malnutrition and physical of the world. Most victims have been found to
abuse. be young boys and girls from tourist districts of
Nkhata-bay, Nkhotakota, Salima, Monkey Bay
Forms of Child Trafficking and Mangochi.
Most children are recruited by intermediaries
and taken to work on plantations far from home Domestic Trafficking
or in any other area of work. Some are taken This involves moving children within their
to cities where they are employed as domestic country to take up job opportunities where they
workers. In most of these working environments, are available. For example, in Malawi, victims
the children are hardly paid, and they end are recruited from the Southern Region and
up working under very difficult conditions, transported in trucks to Central and Northern
without proper housing or food or even medical Regions (Mchinji, Kasungu, and Mzimba) to work
attention. Traffickers, in most cases, come from on tobacco farms. Children also get trafficked to
the same region as the children they recruit cities and towns to undertake domestic duties.
and, as such, it becomes much easier for the
trafficking practice to be hidden because they Child labour
may know the families and the area. Child labour is defined as any work that is
physically, morally, socially and mentally harmful
Traffickers sometimes take the children to the child. This includes work that robs the

19 CHILD PROTECTION MODULE

child of his or her rights to education, health,
play and association.
Most poor families in developing countries have
Forms of Child Labour children because of their profitability---as they
These include activities that cause irreversible are seen to contribute more time to a household
physical or psychological damage or threaten than they deplete it in terms of the activities they
children’s lives. Such activities may include can undertake both in and outside the home.
mining and quarrying work, working at
dangerous heights and on plantations; handling Children Living in and/or on the Street
pesticides and harmful chemicals; working UNICEF defines:
with sharp tools and heavy machinery in • Children living in the street as those whose
plantations; manual handling or transportation immediate concerns are survival and shelter
of heavy loads; working during the night hours as they have often been abandoned by their
in brothels, nightclubs, bottle stores and beer families and the street is now their home.
halls; commercial sex work or pornography, • Children living on the street are those who
engaging children in criminal activities and remain in contact with their family and come
using them to gather alms, and working in many from their homes, they spend some nights
other activities that are hazardous to the child’s or most days on the streets. They depend on
development. making a living from working in the street as
a way of contributing to the income of their
The vast majority of working children in Malawi families.
are engaged in agricultural work, typically
on family-run farms and small scale fisheries. Children living in or on the street often find
Consequently, the work participation rates of themselves there due to factors related to
children tend to be higher in rural areas than the poverty, overcrowding, abuse and exploitation,
urban areas. and other forms of hardships in their family and
community—and once in or on the street they
Other activities that children engage in include: are placed at higher risk of violence, exploitation,
• Herding livestock trafficking, neglect and coercion into committing
• Weeding offences. Children living in or on the street must
• Making ridges fend for them-selves through undertaking small
• Ferrying sand from dambos and jobs as car washing, guarding, begging, pick-
• Fetching water at restaurants pocketing and pilfering. In the street, they are
• Mending fish nets inadequately protected, super¬vised or directed
by responsible adults.

Also, a significant number of children work in Problems Encountered by Children Living in or

estate farms, particularly during the tobacco on the Street
harvest season. They are involved in: Street children are considered to be among
those children “who live under especially difficult
• plucking and sewing of tobacco leaves circumstances” facing a multitude of challenges.
• while others are engaged in small scale family Some of the major problems that these children
businesses such as vending among others. face are:

Child domestic work which is significant in • Exploitation. Life on the streets is a struggle
Malawi includes: for survival. Children joining street life quickly
learn the skills of survival on the streets and
turn to illegal means to survive. Many will
• fetching firewood or water become involved in commercial sex work,
• cooking pornography, drugs, stealing, and other
• cleaning crimes. Living in or on the streets damages the
• washing laundry physical and mental health of children making
• shopping children easy prey to professional criminals
• performing child care who use them to commit crimes.

CHILD PROTECTION MODULE 20

• Malnutrition and psychological disorders and lack parenting skills and/or adequate support
diseases due to their conditions on the street. networks
Most street children do not eat well, namely
they have too little food that is nutritionally Signs of Child Neglect
inadequate to eat and mostly suffer from Neglect is considered when the child:
malnutrition and psychological disorders. • Is frequently absent from school
These children are taught robbery while living • Begs or steals food or money
in or on the street, usually by older children or • Lacks needed medical care
even adults, in order to survive. • Is consistently dirty and has severe body odour.
• Lacks sufficient clothing
• States that there is no one at home to provide
Neglect care
• Experiences extreme hunger
Child neglect is the failure to provide for • Lacks guidance and supervision
the child’s basic needs and can be physical,
educational, or emotional. Physical neglect Children that are placed at risk of violence,
includes failure to provide adequate food abuse, exploitation and neglect based on
or clothing, appropriate medical care and ability and legal status
supervision. Neglect may also include
abandonment. Educational neglect includes Children with Disabilities
failure to provide appropriate schooling or The United Nations Standard Rules on the
special educational needs. While psychological Equalization for People with Disability defines
neglect comprises of the lack of any emotional disability as: “a physical, intellectual or sensory
support and love, never attending to the child, impairment, medical conditions or mental illness,
drug and alcohol abuse including allowing a whether long or short-term, which leads to the
child to participate in drug and alcohol use. loss or limitation of opportunities to take part
Neglect may be intentional or unintentional, in the life of the community on an equal level
in which case, the parent or caretaker may not with others. These impairments lead to disability
have intended to hurt the child and sometimes if they prevent the child from participating in
occurs as a result of lack of parenting skills. It things like going to school, recreation, and taking
is also important to point out that sometimes part in community activities.”
failure to provide for a child’s basic needs may
be related to poverty and culture. There are various forms of disabilities that
children may have to live with and it is sometimes
Examples of neglect are: because they are living with these disabilities
that they are placed at risk for violence, abuse,
exploitation or neglect. It is often the case
• Inadequate provision of food, housing or that parents, guardians, family members and
clothing the community itself may not understand the
• Inadequate guidance disability that the child has and/or do not know
• Denial or delay of medical care how to care for a child with a disability,
• Abandonment
• Not attending to the child’s needs of affection Types of Disabilities V
• Drug and alcohol abuse in the presence of a There are many types of disabilities that affect
child, or allowing the child to participate in children some of which are:
drug and alcohol use
• Attention Deficit/Hyperactivity Disorder (AD/
HD): This is a condition that makes it hard for
Perpetrators of Child Neglect a person to control his/her behaviour, sit still
Perpetrators of child neglect may include, but and pay attention.
are not limited to, the following: • Cerebral Palsy (CP): This condition is caused
by injury to the parts of the brain that control
• Parents, guardians or caretakers, both dual ability to use muscles and bodies. CP can be
and single headed households, who may mild (a child is clumsy), moderate (child walks

21 CHILD PROTECTION MODULE

 with a limp), or severe (affecting all parts of a children with disabilities generally are not
child’s physical abilities), usually the greater supportive of their attendance in education.
the injury to the brain, the more severe the
CP. Children with CP may also have learning Refugee Children
problems, problems with hearing or seeing or Usually, more than half of any refugee population
mental retardation. are children. Refugee children need special
• Hearing Loss: This is impairment in hearing attention. As refugees, they are particularly at
that adversely affects the child’s ability risk with the uncertainty and unprecedented
to process linguistic information through upheavals which are increasingly marking the
hearing. post-war/conflict era.
• Down Syndrome: This is a condition caused
by a chromosomal abnormality. Children with The sudden and violent onset of emergencies, the
Down syndrome have specific health-related disruption of families and community structures
problems including a lowered resistance to as well as the acute shortage of resources with
infection which makes them more prone to which most refugees are confronted, deeply
respiratory problems, visual problems such as affect the physical and psychological well being
crossed eyes and far or near sightedness and of refugee children. Infants and young children
high heart defects, most of which are now are often the earliest and most frequent victims
successfully correctable. of violence, disease and malnutrition and
• Mental Retardation: This involves limitations eventually death which accompany population
in mental functioning and in skills such as displacement and refugee outflows. In the
communicating, taking care of oneself and aftermath of emergencies and in the search
social skills, resulting in a child learning and for solutions, the separation of children from
developing more slowly than a normal child. parents, families and familiar structures continue
• Speech and Language Impairments: This refers to affect refugee children of all ages adversely.
to problems in communication and related
areas such as oral motor function including How the Refugee Experience Affects Children
producing speech sounds or problems with The consequences of this disruption for children
voice quality. These delays and disorders in particular can be extremely serious. When a
range from simple sound substitutions to the society’s guiding and regulating mechanisms
inability to understand or use language or are lost, individuals find themselves:
use the oral-motor mechanism for functional • Deprived of their normal social, economic and
speech and feeding. cultural environment.
• Visual impairments: Visual impairment is the • Parental distress and anxiety can seriously
outcome of a functional loss of vision, rather disrupt the manner in which they parent,
than the eye disorder itself. and thus, affect the normal emotional
• Learning Disabilities: This causes trouble development of their children.
in learning and using certain skills such as • Even when both refugee parents are present,
reading, writing, listening, speaking and their potential for continuing to be role models
reasoning and they vary in different children. for their children is likely to be hampered by
the loss of their normal livelihood and pattern
Challenges faced by Children with Disabilities of living.
Children with disabilities face a wide range of • Children suffer from sexual abuse and other
challenges from all spheres of life. A study by forms of abuse and exploitation in the camps
the Centre for Social Concern (2002), identified both from other refugees and at times those
some of the challenges faced as those including; responsible for protecting and providing
• General lack of specialized care and support services to the refugees as well as members of
both at home, school and in the community. the local community.
• Segregation and discrimination from others in • If one parent is missing, a child may have to
their vicinity; and take on adult responsibilities such as caring
• Difficulties in accessing other support services for younger children. As a result, the child’s
such as education, medical care and other developmental needs might be neglected
recreational activities. because of overwork, or lack of opportunities
• Parents’ and communities’ attitudes towards for play or to attend school.

CHILD PROTECTION MODULE 22

 original homes. The community members who
operate the CVSUs have been trained to provide
Stakeholders working in the Malawi Child counselling in cases that do not require police
Protection System interventions. However, in grave cases, the
CVSUs are responsible for reporting matters to
Introduction police VSUs, who proceed to refer the cases to
courts if perpetrator behaviour does not change
Children who are at risk of violence, abuse, or if there is loss of life or bodily injury.
exploitation and neglect have the same needs
as other children. Their needs, just like other Community Child Protection Workers (CCPWs)
children, vary with their age and sex and include CCPWs are members of the community that
food, clothing, shelter, healthcare, education have received training on victim support and
and security among others. However, it should work with victims, community members and in
be realized that due to trauma and other some cases police officers within the CVSUs. The
psychological problems such as stigma and CCPWs work through the Ministry of Gender,
discrimination that these children have gone Children and Community Development and they
through, they suffer additional psychosocial serve as a liaison between the CVSU committee
problems of fear, worry, stress, depression, members and the Ministry.
withdrawal and anxiety that need special
attention. Therefore, in addition to their basic Social Welfare Office
needs, they have particular care and protection The Ministry of Gender, Children and Community
needs that an effective protection system should Development (MoGCCD) coordinates
provide to them. The child protection system implementation of services for Children through
in Malawi is comprised of various stakeholders the Department of Children Affairs, and for
that offer their respective services in providing women, through the Department of Gender.
care and protection. The headquarters is located in Lilongwe and
there are 28 district social welfare offices. Some
Police Victim Support Units (VSUs) of the functions of the Social Welfare Division
VSUs are the first point of contact for victims are the provision of services for family and child
of crime. Police officers stationed in VSUs are protection, school/hospital social work and child
most likely to encounter survivors of SGBV, justice issues related to children in contact and
and children who are experiencing violence, in conflict with the law---specifically they look
abuse, exploitation and neglect. Police officers at crime prevention and aspects of diversion.
assigned to work in VSUs are required to have Some of the officers that can be found within
knowledge of child protection and SGBV issues. the MoGCCD are District Social Welfare Officers,
Police officers who will be stationed in the VSUs Community Development Officers, Social
will offer such services as basic counselling, first Welfare Assistants, Community Development
aid, giving advice, provide referrals to the One Assistants and Community Child Protection
Stop Centre (OSC) or Criminal Investigations Workers. Police officers working on child
Department (CID), conduct private interviews protection, SGBV, and issues as they relate to the
in order to ascertain the relevant information in child justice system will liaise frequently with the
order to assist the victim, and provide care and Social Welfare Office in their district.
assistance to women and children who have
experienced sexual and gender based violence. One Stop Centres
The VSU also provides general sensitization on There are four OSCs located in Blantyre, Lilongwe,
Human Rights and Policing. Zomba and Mzuzu. In one location a SGBV
survivor is provided with medical treatment
Community Victim Support Units (CVSUs) and care, psychosocial counselling and police
CVSUs contribute to the provision of support in the form of forensic and investigative
psychosocial support to SGBV survivors. interviewing in order for a case to be commenced
Psychosocial support is provided in the form against the perpetrator. The objective behind
of counselling for victims and perpetrators, the One Stop Centre is to avoid having a child
provision of temporary shelter, and financial or woman survivor of rape, sexual assault, or
support for victims who must return to their physical abuse move from one support service

23 CHILD PROTECTION MODULE

to the next throughout a city in order to receive are based within the community and provide
the care s/he needs. early childhood development opportunities
addressing social, emotional and cognitive
Child Justice Courts development aspects of the child. In addition
There are three Child Justice Courts located in they serve as a protective environment for
Blantyre, Zomba and Mzuzu. In these courts children and also as short-term care facilities
child friendly practices are adhered to when for siblings, guardians and parents in the
adjudicating the cases of child offenders. community. Strategically placed centres for
Primarily, if diversion has not been implemented children in the community, they serve as a
through the police, it is in these courts that Child linkage to the community for early childhood
Justice Magistrates will divert child offenders programmes, protection, support, key care
from entering a reformatory centre or young practices and serve as a referral link to other
offender’s prison thus keeping them out of the services such as education, health care and
justice system. Child Justice Courts require the community home based care.
magistrate, child prosecutor and other officers
of the court to dress in civilian clothes, to use an Children’s Corners are centres that provide vital
informal manner of speaking about the facts of care and support and protection for children
the case and to refrain from using handcuffs or aged between 6 and 18 years outside the
any other restraints during the proceeding (this school setting. In addition they serve as links for
practice should be complied with from the stage support to children at risk of violence, abuse,
of arrest to, of ordered, transfer to a reformatory/ exploitation and neglect related interventions,
young offender’s prison). Although Child Justice offer a safe environment for these children and
Courts are primarily used for children in conflict also provide for other activities such as play
with the law, at least one Child Justice Court---in facilities, counselling services and also skills and
Mzuzu---is hearing cases of SGBV child survivors. activities for adolescents out of school.

Several civil society organisations (CSOs) in Legal framework for child protection and
Malawi---from faith based organisations, village/ prevention of SGBV
community leaders to non-governmental There are various laws that have provisions
organisations—work towards providing that provide options for community care for
services, and programmes, for the care and children at risk of violence, abuse, exploitation
protection of the child. CSOs are able to fill and neglect. The Child, Care, Protection and
the gaps in provision of such services and Justice Act, 2010 and the Prevention of Domestic
programmes where government is unable to Violence Act of 2006 are two such laws that
do so---thus government and CSOs collaborate provide special protections for children at risk
together in order to provide children with the of violence, abuse, exploitation and neglect in
full protection services they require. terms of fosterage, adoption and community
based care.
National Child Help Line
Role of the Police in the Protection of Children
A toll free helpline, the first of its kind in Malawi, at Risk of Violence, Abuse, Exploitation and
was established in August 2006. It is a Malawi Neglect
Government project coordinated by Youth
Net and Counselling (YONECO). The helpline The police have a very important role to play in
provides information on sexual reproductive addressing the issues impacting children at risk
health, sexuality and relationships, HIV and AIDS, of violence, abuse, exploitation and neglect.
human rights and child abuse. The number Some of the actions and roles that police have
is 80001234. Other partners of the help-line are:
include the Centre for Youth and Children’s • Advocate against child sexual, physical,
Affairs (CEYCA) and Youth Watch Society psychological/emotional abuse and
(YOWSO) in Mzuzu. sensitization on laws preventing violence
against children, on child abuse, exploitation
Community Based Care and Support Systems and neglect through victim support and child
Community Based Child Care Centres (CBCC ) protection services.

CHILD PROTECTION MODULE 24

• Investigate issues of child abuse, violence • How can I apply what I have learned to my
against children, exploitation and neglect daily activities as a police officer working in the
(take them for a medical check up, and justice system?
maintain records) • Who can I partner with in educating the
• Apprehend the perpetrators and prosecute women, children, families and communities
them I work with on the issues of violence, abuse,
• Seek legal assistance for the child survivors exploitation and neglect?
and their families
• Refer the child to other departments for UNIT THREE REVIEW CHECKLIST
assistance such as social welfare, health and
other stakeholders Violence against children: is a range of violent
• In collaboration with social welfare officers, acts, such as sexual abuse and sexual commercial
link children who have experienced violence, exploitation that infringes upon the physical,
abuse, exploitation and neglect with psychological and emotional integrity of the
organizations that could offer support such child. It also includes sexual and gender based
as providing shelter, clothes, food, as well violence.
as tracing their families and guardians for Sexual and Gender Based violence: It is
reunification. determined by gender differences such as the
• Encourage community members to report unequal power relationship that often exists
cases of violence, abuse, exploitation and between men and women.
neglect of children Child abuse is often a deliberate act or omission
by duty bearers, who children hold in trust and
Specific actions taken by police in cases of who society has given power to care for children.
child trafficking and child labour: Indeed children in this case are victims of the
• Observe the principles and guidelines of imbalance in power relations between them and
dealing with trafficked persons; these include: the duty bearers.

R Do no harm Signs of Child abuse

R Do not take action that may cause further - Sexual: Bruising and bleeding in the genital
victimization of children who have been areas, development of sexually transmitted
trafficked infections and/or HIV; Children may engage
R Do not charge victims of trafficking with crime in repetitive play in which they express
R Trafficked persons should be treated as some aspects of the abuse. Some children
victims of serious crime also tend to show sexual behaviour or
R Do not send victims of trafficking back home seductiveness or have more knowledge
immediately about sex than is normal for their age.
R Provide safety and security to the victims - Physical: Human bite marks, fingernail
R Protect the identity of the victims scratches that leave parallel linear marks,
missing, loose, or broken teeth, bald spots
• Encourage community to report families/ on their head, or broken bones and/or
employers engaging children in employment bruises/welts in various stages of healing all
contravening the national code of conduct of over the body.
child labour. - Psychological/Emotional: Display of
• Investigate cases of child labour and prosecute extremes in behaviour, such as overly
those contravening the law compliant or demanding behaviour,
• In collaboration with other agencies and extreme passivity or aggression; Is either
stakeholders, identify families and children inappropriately adult, or inappropriately
engaged in child labour and those at risk and infantile; Delayed physical or emotional
link them to organizations at the community development; attempted suicide.
level that would provide required support. Neglect: to fail to properly care for a child and
to disregard the physical, psychological and
Knowledge and Application Test emotional needs of a child.
Signs of Child Neglect: Experiences extreme
• What have I learned? hunger; lacks guidance and supervision; begs

25 CHILD PROTECTION MODULE

or steals food or money; lacks needed medical the purpose of exploitation.
care; is consistently dirty and has severe body
odour; lacks sufficient clothing Malawi Child Protection System:
Exploitation: to take unjust enrichment from - Police Victim Support Units (VSUs)
the vulnerable condition and/or desperate - Community Victim Support Units (CVSUs)
circumstance of a person, in this case a child, - Community Child Protection Workers
to the economic, social and or cultural benefit (CCPWs)
of the exploiter. - Social Welfare Office
- Children living in or on the street: any child - One Stop Centres
for whom the street has become her or his - Child Justice Courts
habitual abode and/or sources of livelihood, - National Child Helpline
and who is inadequately protected,
supervised or directed by responsible Role of Police:
adults. - Advocate
- Child Labour: any work that is physically, - Investigate
morally, socially and mentally harmful to the - Apprehend perpetrators of violence, abuse,
child. This includes work that robs the child exploitation and neglect
of his or her rights to education, health, play - Seek legal assistance for children
and association. - Refer the child to other departments for
- Child Trafficking: is the recruitment, assistance and encourage community
transportation, transfer, harbouring or members to report cases of violence, abuse,
receipt of persons by means of threat or exploitation and neglect of children
use of force or of the giving or receiving of
payment or benefits to achieve the consent
of a person having control over a child for

Advocate against child sexual,

physical, psychological/
emotional abuse and
sensitization on laws preventing
violence against children, on
child abuse, exploitation and
neglect through victim support
and child protection services.

CHILD PROTECTION MODULE 26

UNIT FOUR serious criminal activity through peer pressure
or under the coercion of adult criminals.

CHILDREN IN CONFLICT Thus, child justice is about how stakeholders

working in the justice system treat child
offenders and thereafter, address the root causes
WITH THE LAW of offending behaviours of children by taking
measures to prevent such behaviours. Child
Learning Need justice aims to protect the rights of the child
Police officers should understand child justice and apply the principles of restorative justice.
and the child justice processes that the child Restorative justice takes into consideration the
must navigate in order to ensure that the rights interests of the victim and the community that
of children in conflict with the law are protected. has been harmed by the offence committed and
promotes reconciliation over retribution with
Learning Objectives detention as a sanction of last resort. Retribution
By the end of this unit police officers should be looks to punishing a child for the offence
able to: committed. However, because some child
offenders commit offences because they lack
1. Define the term “child justice” socioeconomic support systems or because they
2. Explain the child justice system in Malawi may have psychosocial challenges that shape
3. Identify the four steps to issuing a caution their behaviour in negative ways and because
and release they may have been coerced into criminality
4. Describe the pre-trial diversion process by adult criminals---punishment would serve
5. Explain what is the preliminary inquiry to, in some cases, victimise them again and
6. Explain detention of children further stigmatise them within their families and
7. Describe the post trial phase communities.
8. Discuss the role of the police in ensuring that
the rights of children in conflict with the law One of the key elements of restorative justice
are protected is reconciliation between the offender and
the victim, a process necessary not only for
Instructional Activities the correction of the offender but also for
• Group exercises the restoration of justice for the victim. The
• Class discussions protection and support of victims and witnesses
• Brainstorming sessions is recognized as an important basic element
• Role play of overall crime prevention and crime control
• Lecturing strategies. Support measures reduce the impact
of crime on those most directly affected and
Introduction are essential for preserving and protecting the
role of victims and witnesses in the criminal
Child Justice justice process. It also aids the investigation and
Socio economic deprivations are the primary prosecution of crime by facilitating cooperation
causes underlying why children come into between victims, witnesses and law enforcement
conflict with the law. Many of these children and prosecution agencies.
have not had the opportunity to access
educational opportunities and have started to Restorative systems can use traditional ways of
work at a young age. Some of these children resolving issues through the existing traditional
have been forced out of their homes by violence, structures such as community committees under
abuse, exploitation and neglect that they have the traditional authorities. Restorative justice can
experienced there and thus turn to living in and also be carried out by other non-governmental
on the street for their survival. These children remedial organizations and local communities.
who often come into conflict with the law are Other structures available that can be used as
also at continued risk of sexual exploitation, restorative mediation systems include use of:
trafficking and becoming involved in more
• Faith based structures;

27 CHILD PROTECTION MODULE

• School based systems; can warn the child of the consequences of
• Key persons at the community such as being caught breaking the law again and
community leaders, opinion leaders and then release the child to his or her parent or
others; and guardian, who must be present. If the parent
• Established organizations in child work, or guardian cannot be present at the time
governmental and non-governmental. of ordering the caution and release-- then a
probation officer must be present or other
Thus, a child justice system requires its responsible adult (see Appendix for Police
stakeholders, such as police officers, to prevent Station Caution and Release Form)
children from entering into the criminal justice
system. In order to prevent children from Pre-Trial Diversion Process
entering into the system police will be required If a police officer is unsure of or believes that
to implement diversion. Diversion is the use a caution and release should be issued, he
of alternative methods to divert a child not can leave the issuance of a diversion option
only from the criminal justice system but from to a preliminary magistrate through a pre-
continuing to break the law. Diversion aims to trial diversion. The pre-trial diversion process
take the best interest of the child by working starts with an arrest then if absolute necessary
with the child who has committed an offence detention pending trial and then the preliminary
to see if the child will take responsibility for his inquiry is conducted.
or her action(s) and how the child will make
amends for his or her actions.
Arrest:
Under the newly passed Child Care, Protection 1. Arrest should never occur with a child under
and Justice Act of 2010 (the Act) diversion 10 years of age.
options are provided for in the Fourth Schedule 2. A child must be told his or her rights as they
of the Act. A diversion option is “a plan or a relate to the arrest or detention and the
programme of diversion of a prescribed order reasons for the arrest in a way that he or she
and content of specified duration.” When can understand (appropriate to his or her
establishing a diversion option one takes into age and maturity). When the child is being
consideration the age and understanding of arrested he or she cannot be harassed or
the child who has committed the crime, the physically abused. The child must be provided
environment he or she comes from and how with medicines or a doctor if it is needed.
the diversion programme will prevent the child 3. Handcuffs must not be used on a child, unless
from continuing to break the law while at the it is extremely necessary
same time providing justice to the victim of the 4. The child must be accompanied by someone
crime. he or she trusts like a parent, a guardian or
a close family member. If this person is not
Caution and Release: available, the police officer must notify the
A caution and release is a diversionary measure parent, guardian or close family member of
issued by a police officer when a child has been the arrest of the child as soon as possible.
caught committing an offence. Issuing a caution 5. The police officer must notify a probation
and release prevents a child offender from officer of the arrest of a child as soon as
entering into the justice system. The following possible after the arrest. If the child is younger
steps should be taken in order to issue a caution than 10 years old, then he or she should be
and release: handed over to a probation officer who will
1. A police officer of the rank of sub-inspector or complete an age estimation form. ix
above will assess the seriousness of the crime. 6. If the child is responsible for a serious crime,
If it is not serious, go to step two. Vi the police officer must tell the child that he
2. Is there enough evidence to prosecute the or she has the right to legal representation,
arrested child? If yes, go to step three. as every child who comes into conflict with
3. Does the child want to take responsibility for the law has the right to legal representation.
his or her actions in breaking the law? If yes, x
The police officer must explain that legal
go to step four. Viii representation can take the form of a legal
4. Issue a caution and release: The police officer

CHILD PROTECTION MODULE 28

 aid attorney, a paralegal or a privately hired the child and circumstances of the offence. If the
attorney. probation officer cannot present the report him
7. The police officer must refer the child to a or herself than the report must be available at
probation officer to make an age estimation the inquiry. The social inquiry report is necessary
of the child. xii for the purpose of determining, by the inquiry
magistrate-
Detention Pending Trial • an age determination should be made if the
age is not known
A child should never be detained. If a child • if the matter should be diverted
must be detained it should be a measure of • if the matter should be withdrawn all together
last resort. Only if a child prosecutor can show • if it should proceed to trial
that a serious crime has been committed and • if the child is in need of care and protection.
there is enough evidence to prosecute the child
or the child needs to be taken out of a harmful The following practitioners must attend the
environment or by releasing the child-- justice preliminary inquiry:
would not be served, should a child be detained. • Inquiry Magistrate
xii
If the child is waiting to be heard the child • Prosecutor
must be removed from detention within 48 • The child
hours. • Parents or guardian, if available, or appropriate
adult
If a child is detained (in police custody or in • Probation officer
remand) then a police officer should take into
consideration the principle of the best interest The following practitioners may attend the
of the child. The police officer should treat the preliminary inquiry:
child equally to a child inn need special care and • Arresting police officer
protection just like children who live in or on the • Legal representative
street, who are refugees or disabled who may • Any other person as permitted by the inquiry
be abused in some form. Children in detention magistrate
are placed at risk of violence, abuse, exploitation
and neglect if their status as children within the Preliminary Inquiry Procedure
justice system is not given special attention and At the start of the process the inquiry magistrate
care. must explain the objective of the inquiry; inform
the child of the nature of the charge and his rights
Preliminary Inquiry and the procedure to be followed. The magistrate
The Child Care, Protection and Justice Act, must make sure that all necessary documents
2010 (the Act) provides the requirements for and persons are available and ensure that no
conducting a preliminary inquiry. Namely, the further questions are put to the child regarding
Act states that a preliminary inquiry must be held the offence if the child denies the charge.
in a child justice court. A child justice court is a
child friendly court that conducts proceedings Depending on the nature of the offence, there
in an informal manner, in the language of the are various alternatives which may guide the
child and the child can be interviewed in a magistrate in making a ruling. These alternatives
separate room where they do not come into include cases where the child may be:
contact with the rest of the individuals sitting in • Released to his parents or guardians if his/her
the court (called in camera). The child’s parents behaviour is generally good
are also allowed to assist in cross examining the • Placed into a diversion programme where
witnesses if necessary. s/he can receive psychosocial counselling,
and educational and vocational skills---some
The preliminary inquiry is an informal pre-trial diversion programmes can involve police
hearing that is mandatory and is presided over participation such as:
by a magistrate of the second grade. During R Victim-Offender Mediation: is conducted
the preliminary inquiry a probation officer will between the victim and the offender where an
present a social inquiry report that will have agreement regarding compensation for any
his or her findings on the social background of

29 CHILD PROTECTION MODULE

 loss incurred or harm suffered by the victim. the nature of the offence is grave, such as
A victim-offender mediation is facilitated in murder.
an effort to change the behaviour of the child
offender and prevention of future recurrence, Process of Diversion in the Malawi Child Justice
and restoration of harmony among the System
affected individual. In the following diagram, the police officer
R Family Conferencing: is conducted between should understand her or his role in the stages
the offender, the victim, their families, of the child justice proceedings as well as the
community representatives and other other child justice stakeholders that s/he will
impartial observers who attempt to reach have to work with such as the child offender,
a mutually acceptable resolution with the the family of the child, probation officers,
assistance of mediators. magistrates, juvenile justice officers and civil
• The court may order to an Approved school; society implementers of diversion.
or
• The child justice court may send the child Benefits of a Child Justice System and Diversion
offender to a young offender’s prison if

DIVERSION IN THE MALAWI CHILD JUSTICE SYSTEM

Pre-Trial
Complaint

(Who conducts arrest and investigation?)

Police/Social Welfare Office

(How will the Police Officer and Probation officer work together?)

Preliminary Inquiry
(Court /Police/Social Welfare Office)
(What is the role and responsibility of the police at this point in the process?)

Prosecution Suspended

Trial
Diversion

Report by Service Provider

Case Closure

CHILD PROTECTION MODULE 30

 Implementation:
1. Prevents children from being detained or Treatment Programmes
entering the child justice system. These are provided mostly to juveniles under
2. Supports a child offender to not re-offend by drugs to decrease criminal activity that
using diversionary measures may relate to addictive behaviour as well as
3. Reduces the number of children in custody promote recovery of affected offenders.
4. Minimizes the length of time spent in
detention or in a police jail cell Role of the Police in Protecting the Rights of
5. Separates children from adults in the justice children in Conflict with the Law
system Police officers as the child justice stakeholders
6. Supports children who come into conflict on the forefront of the diverting children
with the law become responsible members of from the criminal justice system, must at
their community all times aim to issue a caution and release
7. Frees up resources that would have been where appropriate when working with a child
used on a child in the justice system on other offender. When a police officer cannot issue
community needs a caution and release then s/he must work
8. Reduces costs to society on maintaining with the child offender in a child friendly
children in custody manner and assist the child in navigating the
criminal justice system with the best interest
Detention of the child as a primary consideration. If a
If there is no other measure but to detain a child child is detained then a police officer must
then it is recommended that children stay in again take the best interest of the child in
detention no more than two years upon which consideration when providing food, shelter,
the Child Case Review Board, which sits annually medical treatment and assistance to the child
to review the cases, decides on the release of in police custody or in remand.
the child. Upon release, the probation and after
care service is initiated by the social worker Knowledge and Application Test
which includes visiting the child at home to
continue counselling and guidance-- the child • What have I learned?
is then handed over to the social welfare officer • How can I apply what I have learned to my
for follow up. daily activities as a police officer working in
the justice system?
Post-trial Phase • Who can I partner with in educating the
This includes forms of rehabilitation and women, children, families and communities
mitigation after sentencing. They are also I work with on diversion?
referred to as alternatives to custody within the
criminal justice system, and include community UNIT FOUR REVIEW CHECKLIST
service, treatment programmes, probation, Child justice aims to protect the rights
fines, parole and suspended sentences. of the child and apply the principles of
restorative justice
Probation Restorative justice first aims to put the
This could be a supervised or an unsupervised best interest of the child and then focuses
non-custodial sentence and it may be offered as on prevention and finally makes detention
an alternative to imprisonment or after initially a sanction of last resort.
imposing and then suspending a custodial Diversion is the use of alternative methods
sentence. to divert a child from the criminal justice
system and from continuing to break the
Deferred sentencing law.
This involves dismissing the charges against Diversion option is a plan or a programme
the child offender if they comply with specific of diversion of a prescribed order and
conditions after a certain period of time, content of specified duration.
for example, after probation, completion of When establishing a diversion option one
community service.

31 CHILD PROTECTION MODULE

takes into consideration - A child should never be detained. However,
if a child is to be detained it should be a
- the age and understanding of the child who
measure of last resort. If the child is waiting
has committed the crime to be heard the child must be removed from
- the environment he or she comes from detention within 48 hours.
- how the diversion programme will prevent Child justice court is a child friendly court that
the child from continuing to break the law conducts proceedings in an informal manner,
while at the same time providing justice to in the language of the child and the child can
the victim of the crime. be interviewed in a separate room where
Caution and Release: they do not come into contact with the rest of
- 1. A police officer with the rank of sub- the members of the court (called in camera).
inspector or above will assess the The child’s parents are also allowed to assist
seriousness of the crime. If it is not serious, in cross examining the witnesses if necessary.
go to step two. Preliminary inquiry is an informal pre-trial
- 2. Is there enough evidence to prosecute the hearing that is mandatory and is presided
arrested child? If yes, go to step three. over by a magistrate of the second grade. A
- 3. Does the child want to take responsibility social inquiry report with an assessment of
for his or her actions in breaking the law? If the child will be presented by a probation
yes, go to step four. officer. If the probation officer cannot present
- 4. Issue a caution and release. The the report him or herself than the report
police officer can warn the child of the must be available at the inquiry. The social
consequences of being caught breaking inquiry report is necessary for the purpose of
the law again and then release the child to determining-
his or her parent or guardian, who must be - an age determination should be made if
present. If the parent or guardian cannot be the age is not known
present at the time of ordering the caution - if the matter should be diverted
and release-- then a probation officer must - if the matter should be withdrawn all
be present. together
Arrest: - if it should proceed to trial
- A child below 10 years cannot be arrested. - if the child is in need of care and protection
- A child must be told his or her rights as it Detention: If there is no other measure but to
relates to the arrest or detention and the detain a child then it is recommended that
reasons for the arrest in a way that he or children stay in detention no more than two
she can understand (appropriate to his or years upon which the Board of Visitors, which
her age and maturity). sits annually to review the cases, decides on
- Handcuffs must not be used on a child. the release of the child.
- The child must be accompanied by someone Role of the Police in Protecting the Rights of
he or she trusts like a parent or guardian. Children in Conflict with the Law
- The police officer must notify a probation - To divert a child offender away from the
officer of the arrest of a child. criminal justice system through a caution
- If the child is responsible for a serious crime, and release
the police officer must tell the child that he - To use the best interest of the child as a
or she must obtain legal representation. primary consideration when assisting the
- The police officer must send the child to a child through the criminal justice system
probation officer to make an age estimation and if the child is in police custody or in
of the child. remand.
Pre-Trial Detention

A child justice system requires its

stakeholders, such as police officers,
to prevent children from entering into
the criminal justice system.

CHILD PROTECTION MODULE 32

 UNIT FIVE issues have to be addressed:

• Making first contact with the child victim/

witness and allowing for reflection periods

CHILD VICTIMS AND • Obtaining evidence

• Where victim allegations include sexual
and/or physical assault, immediate forensic
WITNESSES OF CRIME medical examination with their permission
should be obtained
Learning Need • Child victim and witness corroboration in
Police officers should understand how to order to verify the reliability of the child’s
interview and assist children who have been statements regarding the allegation
victims and witnesses of crime. charged.

Learning Objectives Good Practice Standards

By the end of this unit, police officers should be
able to: Minimum Standards Assisting Child Victims/
Witnesses of Crime
1. Explain the key issues to be considered when
working with a child victim or witness. Reflection Period. The child victim/witness
2. Explain the general good practice standards should be allowed a period of time to reflect
to be observed in dealing with child victims/ on their situation before deciding whether or
witnesses of crime. not, and how, to co-operate with investigators.
3. Discuss the interview methodology of Such a reflection period is recognized as an
working with a child victim/witness. effective good practice and humanitarian
4. Discuss the interview questions for working measure. Child victims and witnesses have
with child victims of sexual and gender based in most cases been traumatized in the
violence. circumstances they have gone through,
5. Describe the role of police officers in working especially in cases of abuse and SGBV. Such
with child victims and witness sensitive situations depend upon good co-
operation and trust between the investigators,
Instructional Activities the child, the family and other individuals that
• Group exercises are supporting the child victims/witnesses.
• Class discussions
• Brainstorming sessions Assessment Period. The investigator should
• Role play allow the child and his or her support network
• Lecturing time to asses all the issues, such as the security
risks that will be attached to the child’s co-
Introduction operation-- and what measures need to be
This unit focuses on child victims and witnesses put into place in order to protect the child
of crime and the process they go through during victim or witness-- before a decision is made
their witnessing as well as how police officers on how to move forward in the investigation.
should work with them in order to support
them in giving testimony to ensure that they Open and honest discussion. The whole co-
are protected from further harm. operation process should be honestly and
openly discussed between the investigator,
Key Issues to be Considered when Working the child victim/witness, and other individuals
with Child Victims and Witnesses of Crime that are part of the child’s support network.
Child victims and witnesses go through
stressful situations that can cause trauma. Thus, Key Concerns for the Child Victim/Witness
when working with them it must be done with The following factors must be addressed
understanding and care. In the event of children by the investigator before a victim/witness
becoming victims or witnesses, a number of key testifies. Victims/witnesses endure acute
anxiety and require honest assurance on:

33 CHILD PROTECTION MODULE

 to testify or even, move forward in the
• Their own personal safety and that of their prosecution of the perpetrator. A child
family; should never be forced to testify if s/he
• Anonymity and confidentiality of the does not want to and can change her or his
information provided; and mind—even on the day of the matter being
• Assurances that they will not have to testify in heard.
the physical presence of the offenders or be • Provide assurances that investigators, the
in the presence of them or their associates at magistrate, family and others present are
any stage of criminal proceedings. there to support the child victim/witness
and will do their best to protect his or her
Good Practice Principles safety, information regarding his/her health
An investigator should embrace the following status, as well as protecting her or him
two good practice principles as a matter from media exposure and the perpetrator.
of professional duty as a child protection Pseudonym (fake identity) and/or closed
stakeholder. In addition, following such hearings (in camera proceedings) should
practice principles will maximize the potential address concerns regarding confidentiality
of the victim/witness to give his/her account but the investigator must be honest about
during a trial process and thereby convict the the risks of giving testimony.
perpetrators.
Interview Skills Conditions
1. The duty of the investigator is to treat The conditions and manner in which the
the child victim/witness sensitively and victims/witnesses are interviewed are vitally
professionally and with full respect to child important if victims/witnesses are to be able
rights; to provide information that can be used to
2. The objective of the investigator is to create investigate and prosecute the perpetrator.
the optimum conditions within which The following interview requirements and
the victim/witness can provide his/her conditions should be met:
evidence and give testimony in a manner
that minimizes the inevitable trauma that the • Police officer empathy for the child
process will entail. victim/witness. The police officer should
be selected for his or her ability to treat
General Good Practice Points the victim empathetically and to build
The following are good practice points that rapport with her/him and the independent
should be complied with in order to enhance counsellor that will be present.
the professionalism of the service offered to • Manner and attitude toward the child victim/
the victims/witnesses and in order to maximize witness. The police officers should act in a
their ability to provide evidence that will help manner that is respectful, professional and
the prosecutor’s case. non-judgmental—an investigator should
never blame the child for the experience s/
• Build rapport with the victim/witness. he has gone through. They should seek to
Victims are likely to be traumatized by the adopt the terms used by the victim/witness
experience and will be required to recall in in describing their perpetrators and, in case
detail events that are painful and intensely of sexual exploitation, her/his exploiters
personal and are thus likely to be unsure and and commercial sex activities.
suspicious of law enforcement officials— • Respect for gender difference. Where at
and may have been deceived and exploited all possible, the police officers should be
during the criminal justice process. of the same gender as the victim/witness.
• Explain in open and honest terms the stages The child should be given the opportunity
of the process that the child victim/witness to express a preference, which should be
must go through in order to investigate, complied with if possible. When children
testify and close his or her case. If a child talk about their abuse or exploitation they
victim/witness feels that s/he has been may have to recount details that may cause
deceived she or he will not likely be willing shame, or embarrassment or about things

CHILD PROTECTION MODULE 34

 that does not scare or intimidate the child.
that culturally they have been taught not to
Rather, the child should understand that s/
discuss. Therefore in some cases it may be
he must recall the events the best way s/he
best to have a police officer who is the same
can so that the police officer can investigate
sex as the child while in other cases it may
the case and bring a case against the
be better to have a different sex—thus the
perpetrator.
interviewing police officer must use his/her
2. Informal and simple language. The police
skills to determine if s/he or another officer
officer should explain the process of
would be best suited to continue with the
investigation, trial and post trial in a manner
interview.
that is informal and in language that is simple
• Maintain continuity. Wherever possible,
and is appropriate to the age and maturity
the interviewing officers should remain
of the child. In addition, an informal manner
assigned to the victim for the duration of
while using simple language should be used
the investigation and trial so that trust and
by the police officer when asking the child
rapport can be maintained.
questions about the events of the abuse or
• Respect cultural, religious, and social diversity.
exploitative experience. (this will ensure a
Wherever possible, the police officer should
more accurate story and also help the child
have knowledge of any cultural, social or to feel at ease)
religious factors that may have an impact 3. Logical and Sequential. It is important
upon the reactions of the victim/witness and that the history is set out in a logical and
their ability to develop a rapport with the sequential way. This not only assists the child
police officer. to recall events in order, but also makes the
• Private and comfortable interview space. The statement easier to understand by fellow
child should be interviewed in a private place investigators and prosecutors
in the presence of their supporters/counsellor 4. Simple, open and clear interview questions.
(this should, however, be with the consent The police officer will need to address
of the child). This will reduce their level of complex issues and it is vital that the
suspicion and anxiety. Children should be questions are clear and understood by the
in rooms where they are not confronting the child especially when it is likely that the child
perpetrators directly. will be required to provide a detailed history
• Duration of the interview process. The police of events that cover a substantial period of
officer will need to extract as many facts as time. The questions should not be suggestive
or coercive in any way, thus questions should
possible from the child. In the case of detailed
be in an open and narrative format in order
depositions, to do this properly it may take
that the child provide a description of events
days which will place great strain upon the in his or her own words.
child, the counsellor and on the police officer. 5. Refrain from expressing blame or judgment.
To alleviate this, it is recommended that When the police officer is questioning the
there should be a break from interviewing, child s/he should not make the child feel as if
for example, every two hours. This however the abuse and/or exploitation that occurred
depends upon the circumstances of the case, was her or her his fault. Nor should the police
the resilience of the victim and the severity officer judge the child e.g. by expressing
and trauma of the events being recalled. shock at his/her story--as the child may feel
• Respect the child’s right to dignity and uneasy and change the story.
privacy by ensuring that the child is not asked 6. Confirm the facts of the case through the
a question that could compromise him/her in subsequent investigation. After the child
any way. relates what has happened, where possible
confirm the accuracy of what the child has
Interview Methodology to say with other children and/or adults—
but do not do so during the interview and
1. Obtaining the facts of the case. It is critically
thus make the child feel s/he is lying e.g. by
important to provide an environment where
asking “Are you sure that is what happened?”
the child can explain the events of what may make the child feel insecure and
happened from his or her perspective. It is actually make the child omit some facts
important that the police officer explain to while embellishing on other aspects of what
the child that it is important that the child tell happened.
the truth, but it must be done in a manner

35 CHILD PROTECTION MODULE

 Interview Questions for Survivors of Sexual Abuse and Sexual/Gender Based Violence

Children and women who are survivors of sexual abuse and sexual/gender based violence require
special attention to how they are treated during the interview process. Police officers should follow
the following steps when interviewing a survivor of abuse and SGBV:

STEPS AND INTERVIEW QUESTIONS FOR SAMPLE QUESTIONS

SURVIVORS OF SGBV
Step One: The child should be able to explain • Do you know where you are?
what happened in his or her own way. Do not • Can you tell us what happened to you?
interrupt until s/he has finished explaining
him or herself.
Step Two: Proceed to ask specific questions In order to find out more about the offence-
--ask the survivor more specific questions
• “You said that they did something bad to you,
what exactly?”
• “How did it happen? When? Where?
• “Is it the first time that this has happened?”
• “Did anybody see what happened or what
happened afterwards?”

Step Three: Ask open-ended questions • “What was s/he wearing?” instead of “Was he
and let the survivor speak without making wearing a suit?”
suggestions • “What did he do to you?” instead of “Did he rape
you?”

NOTE: Never ask the survivor ‘Why’ as this • “Why did you go there?”
expresses blame of the survivor for what • “Why did you wear that dress?”
has happened to her or him. So do not ask • “Why did you talk that way?”
questions like • “What did you say to make him so angry?”

The Recording Format to be used by Police Role of Police Officers in Working with Child
officers Victims and Witness
This could be done either through:
Police officers should work with children in
Written statement: Where it is legally possible, the a child friendly manner in order to provide a
victim should be allowed to utilize a pseudonym protective environment to interview and collect
identity (a fictitious name) to protect his or her evidence as well as providing the necessary
confidentiality. Or support to a child navigating the criminal justice
system against a perpetrator of violence, abuse,
Video recorded evidence: Is used in many exploitation and/or neglect.
jurisdictions for various reasons like: Police officers also play a crucial role in providing
a child victim and/or witness support through
• It enables the interview to be conducted referrals to other essential care and protection
more quickly because there is no need for services:
written statements which, therefore, reduces
the stress on the child, the counsellor and the Medical Treatment
interviewing investigator Police may find it necessary to send a child
• It makes for a more natural and expressive victim/witness to a medical practitioner for
account – in the child’s own words. treatment---especially in cases of abuse and
• Inevitably, the video will have to be disclosed sexual and gender based violence. Thus, a police
to the defence, so there is no possibility of officer should make a referral to the nearest One
protecting the identity of the child. Stop Centre (Lilongwe, Blantyre, Zomba and
Mzuzu) in order for the child to receive medical

CHILD PROTECTION MODULE 36

treatment for any injuries incurred as well as for information regarding his/her health status,
as well as protecting him or her from media
psychosocial support. exposure and the defendant/perpetrator
Psychosocial Support Interview Methodology
Police officers can play a role in referring child - Respect the child’s right to dignity and privacy
victims and witnesses for psychosocial support - Ask logical and sequential questions
and/or counselling for the trauma they may - Obtain the facts of the case
have experienced as a result of the offence - Use informal and simple language
committed against them. Thus, police can refer - Refrain from expressing blame or judgement
the child to the nearest Social Welfare Office or - Confirm the facts of the case through the
civil society partner that has been identified to subsequent investigation
provide such services. Interview Questions for Child Victims of Sexual
Abuse and Sexual/Gender Based Violence
Legal Representation - Step One: The child should be able to explain
Police officers may also determine through what happened in his or her own way
interviews that the child victim/witness may - Step Two: Proceed to ask specific questions
need legal representation to pursue a criminal - Step Three: Ask open-ended questions and let
matter against the alleged perpetrator. Thus the survivor speak without making suggestions
police officers can refer the child and his/her - Note: Never ask the survivor ‘Why’ as this
family to the Police Child Prosecutor for further expresses blame of the survivor for what has
questioning and information sharing; to Legal happened to her or him.
Aid if the child will need a lawyer and cannot Role of Police Officers in Working with Child
afford one or to a private lawyer. Victims and Witness: Police officers also play
a crucial role in providing a child victim and/
or witness support through referrals to other
Knowledge and Application Test essential care and protection services:
- Medical Treatment: One Stop Centre
• What have I learned? - Psychosocial Support: Social Welfare Office
• How can I apply what I have learned to my or civil society partner
daily activities as a police officer working in - Legal Representation: Police Child Prosecutor,
the justice system? Legal Aid or a Private lawyer
• Who can I partner with in educating the
women, children, families and communities I
work with on child victims and witnesses in
the justice system?
The duty of the
UNIT FIVE REVIEW CHECKLIST
Key Safeguards to protect child victims and investigator is
witnesses:
- Child’s personal safety and that of their
family; to treat the child
- Anonymity and confidentiality of the
information provided; and
- Assurances that the child will not have victim/witness
sensitively and
to testify in the physical presence of the
offenders or be in the presence of them
or their associates at any stage of criminal

professionally
proceedings.
Good Practice Points:
- Build rapport with the victim/witness.

and with full

- Explain in open and honest terms the stages
of the process that the child victim/witness
must go through in order to investigate,

respect to child
testify and close his or her case. A child
does not have to testify if s/he or does not
want to.

rights;
- Provide assurances that investigators,
the magistrate, family and others there
to support the child victim/witness will
do their best to protect his or her safety,

37 CHILD PROTECTION MODULE

UNIT SIX How Children Communicate
Children can communicate in three ways:

1. Body language: This is the first language

COMMUNICATION WITH that children learn. It is the process of
communicating nonverbally through
CHILDREN conscious or unconscious gestures and
movements. The child may respond using
facial expressions, crossing her or his arms
Learning Need across her or his chest when they feel
Police officers should understand how they defensive or unprotected and scared.
can effectively, and in a child friendly manner, 2. Play language: This involves a child showing,
communicate with children while conducting through play and storytelling instead of
their duties in child protection. speaking what they are experiencing in their
lives. This is the most common method for
Learning Objectives children to communicate, especially from
By the end of the unit, police officers should be early years, through to primary school.
able to: Play language can include re-enactment
of experiences with toys or drawing the
1. Define the term “communication” experience on a sheet of paper.
2. Discuss how children communicate 3. Spoken language: This is the language
3. Explain reasons why children do not learned by children that they can express
communicate themselves in words and that certain words
4. Describe practice points in communicating mean certain things. Because it takes time
with children to build the vocabulary, sometimes, children
5. Describe what is “play therapy” may not be able to express themselves
6. Discuss ethical considerations while working fluently and may use words incorrectly to
with children express their emotions—such as the names
7. Discuss the role of police officers in of parts of their bodies (i.e. instead of saying
communicating with children vagina or penis they may have other names
for their anatomy).
Instructional Activities
• Group exercises When communicating with children, it is
• Class discussions important to integrate these three language
• Brainstorming sessions types depending on the situation, age and level
• Role play of comfort of the child. Equally important is the
• Lecturing realization that a police officer is working with
the hearts, minds and imaginations of children,
Introduction therefore, a police officer must bear in mind
Proper communication with children, whether that there are some forms of communication
they are victim, witness or offender is crucial in that are better utilised than others. Allowing a
gaining the trust of the child so that s/he can child to express her/himself in the manner s/he
provide factual and coherent information for feels most comfortable should be the priority in
police officers to investigate a criminal case, order that the child takes the lead in telling her
collect evidence and support the child through or his story.
the criminal justice system and its processes.
Factors to Consider When Communicating With
Definition Children
Communication is an active process of Some factors include distress, particularly after
exchanging information, ideas, and emotions traumatic events, difficulty in expressing oneself,
with others. There are many means of shame and embarrassment associated with
communicating (face to face, telephone, fax and certain experiences that occurred during their
letters) and many different language systems abuse or exploitation, and fear of reporting an
which include both verbal (spoken) and non- event. Therefore, when one is communicating
verbal (use of signs or body language) forms of with children, police officers should consider
communication. the following factors:
• Age: Very young children, for example

CHILD PROTECTION MODULE 38

 those under five years old, who may not be are too difficult for the child to understand.
able to communicate verbally, use signs to Ensure that questions put to the child are not
communicate too complex or are not evoking emotions
• Sex: Children relate differently to male that the child may not want to discuss
and female parents at different stages of
development Practice Points for Communicating with
• Language and vocabulary: Children Children
communicate through play, symbols, songs, In order to communicate effectively with
poems and drawings children, police officers should ensure that
• Attitude and mood: One’s attitude must not they:
become a barrier to a child’s communication
• Beliefs: Children also have their own beliefs • Introduce themselves to the child in a friendly
about certain life issues. These beliefs should manner, perhaps with just first names. If
be explored because they help adults possible, avoid titles such as Mr., Mrs., Dr.,
understand how they influence the child’s Inspector, etc, as this indicates authority to a
behaviour and character child and may instil fear.
• Confidentiality: Information provided by • Ensure that the place where the conversation
children should be kept confidential is taking place with the child is private
to ensure confidentiality. Confidentiality
Reasons why children do not communicate should be maintained in all aspects of the
There may be good reasons why children may communication process.
have difficulty communicating. In some cases, • Listen to what the child is trying to
the reasons are around issues of fear and pain or communicate and take it as the truth. At
traumatic experiences they have gone through. the same time, be observant of any body
It is therefore important to try and establish language and try to understand what the
the reasons surrounding the child’s silence and child is communicating.
try to address them so that the child can gain • Show understanding to the child as he or
confidence to communicate. A child may not she is communicating.
communicate for the following other reasons: • Give the child time to talk and express himself
or herself. Avoid interrupting or interjecting
• The child is not relaxed thus a police officer to “finish up for him or her” what he or she is
can play games and tell stories or sing songs saying.
to support a child to feel comfortable and • Be empathetic. If the child breaks down
relaxed. in tears, allow them time to cry as this is a
• The police officer is not showing interest in healthy way of releasing their tension. In
the child. If a police officer shows interest addition, assure them that it is ok to cry and
in getting to know the child with a positive do not leave a crying child alone.
attitude (for example: knowing where they • Encourage the child to ask questions.
go to school, their friends, what games they • Provide simple, clear and genuine
like, etc.) it contributes to a more informal and explanations in a language that the child is
relaxed environment for discussion. able to understand.
• The child does not trust the police officer • When ending the conversation, try not
therefore an officer should get somebody to end it abruptly. Prepare the child that
trusted by the child to be included in the the conversation is coming to an end (for
conversation. This may build the child’s example, “before we finish….”). Leave the
confidence. child in control and confident. Ask them
• The child does not understand what is what they think about the conversation and
happening therefore the officer should tell them that they will be visited again.
explain to the child what will be happening,
what they will discuss, why they are discussing Play Therapy
it, the importance of their participation and
assure them of confidentiality Play therapy can be defined as the child’s natural
• The child may feel hungry or thirsty—if medium of self-expression. Because children’s
possible, the police officers should offer water language development lags behind their
and a snack. cognitive development, they communicate
• The police officer is asking questions that their awareness of what is happening in their

39 CHILD PROTECTION MODULE

world through their play. In play therapy toys should, therefore, ensure that they:
are viewed as the child’s words and play as the
child’s language--a language of activity. The use • Do no harm to children
of toys enables children to transfer anxieties • Protect children
and fears to objects rather than people. In • Agree on any appropriate intervention with
the process, children are safe from their own the child/children
feelings and reactions because play enables • Do not expose children to risk or harmful
children to distance themselves from traumatic information
events and experiences. During this process, the • Do not exploit adult power and authority
child is given an opportunity to ‘play out’ his/
her feelings and problems using various kinds of Due to the special position of children in
play materials. Through the therapeutic use of society, it is necessary to seek the permission of
play, a child is given the opportunity to express a parent or guardian to talk to a child but it is
his/her feelings naturally and enables a child’s just as important to seek consent from the child
healing process to begin. to have a discussion with them. The consent of
an adult alone is not sufficient, as children are
Children who need play therapy include those themselves individuals with their own rights.
dealing with parental conflict, separation or Informed consent means that the children have
divorce, are traumatized (sexual, physical or to be given an explanation as to why they need
emotional abuse), adopted or are in foster care, to give information, how the information will be
have witnessed domestic violence, or have used and any possible risks involved by sharing
experienced serious accidents or disasters. such information—and then the child must
state that s/he understands and then consents
Toys and Materials to giving the information. They should also be
Although desirable, a fully equipped playroom told that they can choose to talk or not to talk,
is not essential for children to express and that they can withdraw from the discussion
themselves. What is important is that children at any time. Some of the ethical principles to
have ready access to play materials selected for observe while working with children include:
the purpose of encouraging expression. All toys
and materials do not automatically encourage • Children should be informed of everything
children’s expression or exploration of their that is involving them. For example, if it is
needs, feelings, and experiences. Therefore, an interview, they ought to know what it is
careful attention should be given to selecting about, what information is being sought,
play materials that aid in exploration of real what methods will be used, how the
life experiences and a wide range of feelings, interview results will be used and its possible
expressive and exploratory play, and exploration consequences. But they should not be given
and expression without verbalization. information that they do not need to know or
are not yet ready to know.
Benefits of Play Therapy • Based on this information the child can
• Reduces anxiety about traumatic events in consent or dissent at any point during the
the child’s life interview process
• Facilitates a child’s expression of feelings • Protect anonymity, confidentiality, safety and
• Promotes self-confidence and a sense of security of the child
competence • Ensure the best interest of the child e.g., avoid
• Develops a sense of trust in self and others asking intrusive questions
• Defines healthy boundaries • Try not to tell children they are wrong or
• Creates or enhances healthy bonding in contradict the information they give
relationships • Avoid making promises to children—
• Enhances creativity and playfulness especially if they cannot realistically be kept
• Promotes appropriate behaviour
Role of Police in Communicating with Children
Ethical Considerations While Working with Police officers are often the first point of contact
Children for children in contact and in conflict with the
When communicating with children, it is of law. Thus it is important that police officers
utmost importance to ensure that ethical conduct themselves in a professional manner
principles are observed and that informed using child friendly techniques in interviewing
consent is negotiated with children. They the child so that the most accurate and reliable

CHILD PROTECTION MODULE 40

 information can be obtained to investigate and confidence with the child.
pursue the matter in court. - The police officer should make the child
understand what is happening and the
Knowledge and Application Test process that will be used.
- The child may feel hungry or thirsty—if
• What have I learned? possible, the police officers should offer
• How can I apply what I have learned to my water and a snack.
daily activities as a police officer working in - The police officer should ask easy to
the justice system? understand questions
• Who can I partner with in educating the Practice Points for communicating with
women, children, families and communities Children
I work with on special techniques in - Introduce yourself to the child in a friendly
communicating with children? manner, perhaps with just first names.
- Secure a private place to talk to ensure
UNIT SIX REVIEW CHECKLIST confidentiality—and do so throughout
the process.
How Children Communicate - Listen to what the child is trying to
- Body language: A child uses body language communicate and take it as the truth.
rather than words to express him or herself. - Be sensitive to the child’s state.
- Play language: This involves a child - Give the child time to talk and express
showing rather than telling what they are himself or herself.
experiencing in their lives. - Provide simple and explanations in a
- Spoken language: This is the language language that the child can understand.
learned by children that they can express - When ending the conversation, try not to
themselves in words and that certain words end it abruptly.
mean certain things.. Play therapy: Play therapy can be defined as
Factors to consider when communicating the child’s natural medium of self-expression
with children The use of toys enables children to transfer
- Age anxieties and fears to objects rather than
- Sex people. Through the therapeutic use of play,
- Language and vocabulary a child is given the opportunity to express
- Attitude and mood his/her feelings naturally and enables a
- Beliefs child’s healing process to begin.
- Confidentiality Informed consent means that the children
Steps police can take when children do not have to be given an explanation as to why
communicate they need to give information and how the
- The child is not relaxed thus a police officer information will be used.
can play games and tell stories or sing songs Role of Police in Communicating with
to Children: police officers must conduct
- support a child to feel comfortable and themselves in a professional manner using
relaxed. child friendly techniques in interviewing a
- The police officer can show a positive interest child.
in the child.
- The police officer can build trust and

What is important is that children

have ready access to play materials
selected for the purpose of
encouraging expression.
41 CHILD PROTECTION MODULE

UNIT SEVEN take actions that can help them resolve their
own problems and achieve their personal goals.

Qualities of a Good Counsellor

CHILD COUNSELLING To be effective in their work counsellors have
to possess certain qualities and have certain
principles that will help them undertake
SKILLS their work effectively. The qualities of a good
counsellor include:
Learning Need
Police officers should understand basic 1. Respectful: The counsellor has to realize that
counselling practice points when working with the child has worth and values irrespective
children and women within the context of of their status or situation. This has to be
child protection and sexual and gender based communicated to children as it builds trust
violence. between children and the counsellor.
2. Genuine/sincere: The counsellor has to be
Learning Objectives honest with themselves and the child. This
By the end of the unit, police officers should be calls for recognizing one’s own thoughts and
able to: feelings about the whole situation as the
process is being undertaken.
1. Define the term counselling 3. Empathetic: The counsellor should feel for
2. Describe qualities of a good counsellor the child, and should express this to the child
3. Explain the counselling procedure in order to assure the child that s/he is being
4. Discuss interview skills used in counselling understood.
5. Discuss the role of police officers in conducting 4. Accepting: The counsellor should accept the
counselling child as he/she is, their culture and their beliefs
and the issues they raise since these are very
Instructional Activities pertinent to them. The counsellor should not
• Group exercises show disbelief and shock at what s/he is being
• Class discussions told, but rather accept the child’s feelings and
• Brainstorming sessions allow them to express their emotions, i.e.
• Role play crying if they feel like it. The counsellor should
• Lecturing at the same time avoid being judgmental or
taking sides.
Introduction 5. Flexible: The counsellor should be flexible to
Rights of children may be violated in different give the child room to take the lead and share
ways and children whose rights have been their feelings in a manner with which they
violated need to be assisted in one way or the are most comfortable. Equally, the counsellor
other. One of the ways of assisting children should be an active and good listener as well
is providing psychosocial support through as be able to establish a good rapport with the
counselling. This unit discusses the counselling child.
process with particular emphasis on the skills
which have to be employed when counselling Counselling Procedure
children. There are various steps to conduct counselling
which is used to support a child. For example, a
Definition of Counselling counsellor’s role with child victims and witnesses
Counselling is a process where an individual is is to support them in making a decision to testify
supported in confronting his/her problems or or not testify. These steps are as follows:
situations and deciding what steps to take to
solve the problem. In this case, the child and Step 1: Building a good rapport
family develop full trust in the counsellor and This involves welcoming the child/woman client
feel free to share their problems. Through this and making him/her feel at ease. It may include
process, they are guided to make decisions and greetings, offering a seat, reassuring the child,

CHILD PROTECTION MODULE 42

 finding out, in the case of a child, what he/she him/her assurance;
likes, addressing any fears that the child/woman • To the best of your ability summarize what
might have, commenting positively about the the child/woman has told you during the
child/woman and showing warmth. conversation---rephrase what the child/
woman has said and ask if the summary is
Step 2: Assessment the correct one.
This involves asking the child some questions to
help understand the child and the problem. At Role of the Police Officer in conducting
times, it is important to ask the child the problem, Counselling
then rephrase it and ask the child/woman if you Police officers will often be the first persons
have correctly understood the problem. that a child or woman who has experienced
violence, abuse, exploitation or neglect come
Step 3: Analysis and diagnosis into contact with. Therefore, police officers
This step calls for the counsellor to re-examine will be the first to provide initial counselling
the information collected to confirm the to the child or woman in order that assurances
problem and probable ways of supporting the are given to the victims of crime and survivors
child/woman in solving his/her problem(s). of SGBV that that they will receive medical,
psychosocial and legal assistance. Police
Step 4: Identifying solutions officers must maintain professionalism and a
This involves identifying problems and coming child friendly manner when providing initial
up with possible solutions. Note that the areas counselling to child and woman victims, as
that have contributed to the problem may also well as witnesses and offenders. However, the
contribute to the solution of the problem. primary role of police officers should be to refer
children to a trained and qualified counsellor
Interview Skills Used in Counselling with the skills to provide the child with the
To hold successful interviews with children, they necessary support s/he will need.
must be assured that you, as the counsellor, will
not harm them, but will be supportive of them. Knowledge and Application Test
When interviewing the child:
• What have I learned?
• Introduce yourself clearly and simply; explain • How can I apply what I have learned to my
to the child/woman what you are going to daily activities as a police officer working in
discuss and seek their consent as well as the the justice system?
consent of the parent or guardian (in the case • Who can I partner with in educating the
of a child); women, children, families and communities
• Ensure that the child/woman is comfortable; I work with on counselling techniques for
• Establish a good rapport with the child/ children?
woman and show interest in him or her;
• Avoid intrusive questions, and do not pressure
the child/woman to respond to issues he or UNIT SEVEN REVIEW CHECKLIST
she is not comfortable with;
• Allow a child time to express themselves and Counselling is a process where an individual
to use a communication type (body, play, is supported in confronting his/her problems
language, etc) they are comfortable with; or situations and deciding what steps to take
• Do not interject or interrupt when the child/ to solve the problem.
woman is talking as he/she will shy away and Counselling Procedures
withdraw. There are various steps to conduct counselling
• Be receptive so that the child/woman can with a child/woman which are as follows:
state his/her problems. The child/woman - Step 1: Build rapport
should be able to trust the counsellor and - Step 2: Make an assessment
express anything to the counsellor; - Step 3: Conduct and analysis and diagnosis
• Be reflective and show the child/woman that - Step 4: Identify solutions
his/her problems have been understood and Interviewing skills
recognized by the counsellor as this gives

43 CHILD PROTECTION MODULE

- Introduce yourself clearly and simply; explain his/her problems have been understood and
to the child/woman what you are going to recognized.
discuss and seek their consent as well as the - To the best of your ability summarize what
consent of the parent or guardian. the child/woman has told you during the
- Ensure that the child/woman is comfortable. conversation.
- Establish a good rapport with the child/woman Role of the Police Officer in conducting
and show interest in him or her. Counselling
- Avoid intrusive questions, and do not pressure - Police officers must maintain professionalism
the child/woman to respond to issues he or and a child/survivor friendly manner when
she is not comfortable with. providing initial counselling to child and
- Allow the child/woman time to express himself woman victims, as well as witnesses and
or herself. offenders.
- Do not interject or interrupt when the child/ - The primary role of police officers should be
woman is talking. to refer children/women to a trained and
- Be receptive so that the child/woman can state qualified counsellor with the skills to provide
his/her problems. the child/woman with the necessary support
- Be reflective and show the child/woman that s/he will need.

The counsellor should accept

the child as he/she is, their
culture and their beliefs and the
issues they raise since these
are very pertinent to them. The
counsellor should not show
disbelief and shock at what s/he
is being told, but rather accept
the child’s feelings...

CHILD PROTECTION MODULE 44

UNIT EIGHT
In the case of child protection and SGBV,
it would involve influencing people and
organizations in power to create an
ADVOCACY FOR CHILD environment that protects the rights and
welfare of children and women, thereby,

PROTECTION promoting and lobbying support for child

protection and SGBV.

Learning Need Various Ways of Conducting Advocacy:

Police officers should understand the role of
advocacy in bringing child protection and sexual Lobbying for Legislation or Policies: In order
and gender based violence issues to the forefront to advocate for a policy effectively, a police
of government policies as well as its role in officer needs to understand the effect of
educating communities. a policy or law on the beneficiaries it is
advocating on behalf—taking advantage
Learning Objectives of such knowledge from both inside the
At the end of this session, police officers should decision-making process as well as from
be able to: outside of it. Analysis of legislation or policy
1. Define the term ‘advocacy’ that could affect beneficiaries is important so
2. List various ways to conduct advocacy that advocacy can be done for its improvement
3. Explain the process of advocacy or implementation (e.g. understanding the
4. State the importance of advocacy for child constitutional review process and issues of
protection and anti-sexual and gender based child protection and SGBV prevention that
violence measures need to be advocated for).
5. Explain the challenges to conducting advocacy
6. Explain the role of the police officer in Media Campaigns
conducting advocacy for child protection and
anti-sexual and gender based measures Media Interview: This is a conversation
between a reporter and a police officer who
Instructional Activities has information or policy issues that is relevant
• Group exercises and important to the general public and can
• Class discussions thus be shared with many beneficiaries at one
• Brainstorming sessions time through the interview.
• Role play
• Lecturing Press Conference: The aim of a press
conference is to gain media coverage for a
Introduction policy issue a police officer may be advocating
for. It is a meeting held by an organization, or
Children are the most vulnerable group in many group of organizations (advocates), where
societies and they encounter many forms of journalists listen to speakers and ask questions
abuse and exploitation which they are unable concerning the issue at hand.
to articulate because, as children, their voices
cannot be heard or their voices are not deemed Face-to-face meeting: This is where a direct
important enough to be heard. Thus it is the role of approach is made to the decision-maker with
child justice stakeholders, such as police officers, a view to provide the opportunity to build a
to make that voice heard through advocacy. relationship with that decision-maker and
advocate for child protection and SGBV issues
Definition of Advocacy (also known as “lobbying”).
The term refers to the act of supporting or arguing
in favour of a cause, policy or idea. It is undertaken Drama: It is an effective advocacy method
to influence public opinion and societal attitudes because it brings a theoretical issue to
or to bring about changes in government, life, making it emotionally powerful, more
community or institutional policies.

45 CHILD PROTECTION MODULE

interesting, easy to understand and relevant to Important Role of Advocacy in Child Protection
people’s lives. and Anti-SGBV Measures
It helps marginalized communities to tell
Briefing Note/Position Paper: These are their story, claim their rights and produce
documents that state the position or opinion of social change. In this context, it will help raise
an organization (or a coalition of organizations) awareness about issues affecting children/
about a particular issue. For example, in child women who cannot speak up for themselves.
protection, they provide views about a certain Advocacy will also help in the following ways:
issue involving or affecting children and what is
being recommended. • Lobbying support for child protection and
anti-SGBV measures
These methods can either be used individually • Keeping children and women’s issues at the
or combined, depending on the issue at stake, forefront
the target audience and resources available. • Enhancing the impact of individual efforts
However, the choice of an appropriate advocacy • Drawing attention to child protection issues
method for use depends on many factors, and SGBV
including: • Building a critical constituency for influencing
• Target audience actions and policy on child protection and
• The advocacy issue SGBV prevention
• Advocacy goals and objective • Expanding public support for child protection
• The evidence to support the objectives and SGBV prevention work
• The skills and resources of your coalition or • Promoting change at the system’s level
advocacy network • Highlighting services available to the public
• Timing – for example, external political events, on violence, abuse, exploitation and neglect
when a law is still in draft form, immediately of children and women.
before a budgeting process, time of year, and • Beginning the process of children and
stage of advocacy process women advocating for their own protections
by educating them on their human rights
Process of Advocacy
Advocacy is a process whereby its strategies Challenges to Conducting Advocacy
target well-designed activities to key The challenges that may be faced while
stakeholders and decision makers. It is also conducting advocacy work may include the
directed at influencing policy, laws, regulations, following:
programmes or funding decisions made at
macro level to commit to an issue (for example, • Lack of adequate time
protecting children). It includes lobbying as a • Lack of knowledge in advocacy work
strategy that entails informing, persuading and • Lack of clarity in the organization’s vision,
changing policy and decision makers to support goal and objectives
the undertaking of a specific course of action. • Lack of understanding of what is being
For effective advocacy work, thorough work achieved through the advocacy work
has to be done prior to the activity. There are • Poor leadership and guidance through the
eight main stages through which the advocacy advocacy work
planning framework develops. These steps are: • Limited capacity to collect data about the
issue to be advocated for.
1. Selecting an issue or problem one wants to
address Role of the Police Officers in Conducting
2. Analyzing and researching the issue/problem Advocacy for Child Protection and Anti-SGBV
3. Developing specific objectives for advocacy Measures
work
4. Identifying targets Police officers have a duty to work closely
5. Identifying resources with other stakeholders in the community to
6. Identifying partners raise awareness on children’s and women’s
7. Creating an action plan rights and the protective measures to defend
8. Implementing, monitoring and evaluation

CHILD PROTECTION MODULE 46

them against violence, abuse, exploitation and - Identifying partners
neglect. - Creating an action plan
- Implementing, monitoring and evaluation
Knowledge and Application Test Role of Advocacy
It helps marginalized communities to tell their
• What have I learned? story, claim their rights and produce social
• How can I apply what I have learned to my change.
daily activities as a police officer working in - Lobbying support for child protection and
the justice system? anti-SGBV measures
• Who can I partner with in order to advocate on - Keeping children and women’s issues at the
children’s rights and child protection? forefront
- Enhancing the impact of individual efforts
- Drawing attention to child protection issues
UNIT EIGHT REVIEW CHECKLIST and SGBV
- Building a critical constituency for influencing
actions and policy on child protection and
Advocacy is the act of supporting or arguing SGBV prevention
in favour of a cause, policy or idea. It is - Expanding public support for child protection
undertaken to influence public opinion and and SGBV prevention work
societal attitudes or to bring about changes - Promoting change at the system’s level
in government, community or institutional - Highlighting services available to the public
policies. on violence, abuse, exploitation and neglect
There are eight main steps to advocacy of children and women.
planning: Role of the Police Officers in Conducting
- Selecting an issue or problem one want to Advocacy for Child Protection and Anti-SGBV
address Measures: Police officers have a duty to
- Analyzing and researching the issue/problem work closely with other stakeholders in the
- Developing specific objectives for advocacy community to raise awareness on children’s
work and women’s rights and the protective
- Identifying targets measures to defend them against violence,
- Identifying resources abuse, exploitation and neglect.

For effective advocacy work,

thorough work has to be done
prior to the activity. There are
eight main stages through
which the advocacy planning
framework develops.

47 CHILD PROTECTION MODULE

UNIT NINE Police established VSUs to assist women,
children and even men who fall victim to
abuse, exploitation and victimization. Police
officers working in VSUs ensure that the rights
of victims of all crimes, but particularly of SGBV,
VICTIM SUPPORT UNITS are protected in the fulfillment and adherence
to several international, regional and national
Learning Need instruments such as the:
Police officers should understand how a Victim
Support Unit operates and identify the types of • United Nations Convention on the Elimination
offences dealt with at the unit. of Discrimination Against Women (CEDAW);
• United Nations Convention on the Rights of
Learning Objectives the Child (CRC);
By the end of this unit, police officers should • Southern African Development Community
be able to: (SADC) Protocol on Gender and Development
and its Addendum on the Prevention and
1. Explain the concept of a Victim Support Unit Eradication of Violence against Women and
2. Discuss types of services rendered through Children
the Victim Support Unit • The Constitution of the Republic of Malawi
3. Identify the type of offences handled in the • National Legislation;
Victim Support Unit • Child Care, Protection and Justice Act,
4. Explain the role of police officers in operating 2010 (CCPJA)
the VSU • Prevention of Domestic Violence Act 2006
(PDVA)
Instructional Activities • Wills and Inheritance Act
• Group exercises • Criminal laws
• Class discussions • Customary and statutory laws on marriage
• Brainstorming sessions and divorce
• Role play
• Lecturing VSUs are an important component of the
Community Policing Services Branch. Victim
Introduction assistance and support is the basic principle
of rendering of a service by the Police. It is the
Concept of VSU right of every person to know that if they lay a
complaint they can then expect professional
The Victim Support Unit (VSU) within police service. The service providers must at all times
stations was established because it was attempt to meet the expectations that people
recognized that sexual and gender based have. As victim support is one of the pillars
violence against women and children of community policing, the service providers,
continues to be the most prevalent violation especially the police, must treat every victim
against women and children in Malawi-- and with the necessary respect and empathy as well
that survivors of SGBV and other abuses require as with professionalism.
special care, treatment and protection. The
VSUs throughout the country were established Types of Services Offered at VSUs
in 2001 in all Police Stations and later expanded The VSU offers several of the following important
to Police Posts and Units. services to individuals throughout Malawi:

Many women and young girls/boys in Malawi First Aid

are at high risk of exploitation and abuse VSUs provide first aid to injured victims of crime
due to underlying factors such as poverty, and even suspects that are brought to the police
unemployment and social disintegration of station before being referred to the health facility
familial and community support networks. It for further treatment. Suspects that are involved
was against this background that the Malawi in a crime are provided with necessary first aid

CHILD PROTECTION MODULE 48

 before being referred to a health facility.
General Sensitization on Human Rights and
Advice Policing
Many offences by offenders can often be VSU officers also carry out community meetings
avoided with proper advice by a police officer. aimed at raising awareness among community
Before an offence occurs, would-be victims and members on issues of human rights, women’s
sometimes even perpetrators are called and rights, child rights, gender based violence,
advised to refrain from their planned activities HIV and AIDS, and general policing work that
and observed behaviour, which may ultimately they carry out. This kind of information helps
turn out to be offences. Furthermore, victims of community members to understand the role of
crime are provided with advice in the absence VSU officers in their community and enhances
of counselling in order to reduce their fear of the relationship of the police and the community
the crime. while improving the credibility of the police as
a whole.
Referral Unit
Officers in the police station must collaborate Types of Offences and Abuses Handled at the
and have wide knowledge of services provided VSU
by other organizations where victims of crime
can be referred to i.e. Social Welfare office, Gender Based Violence is any unlawful act
District Assembly, Hospitals, and Office of the perpetrated by a person against another person
Ombudsman, civil society organisations and in on the basis of their sex, which causes suffering
some instances, insurance companies. on the part of the victim and results in sexual,
physical, psychological/emotional harm and
Private Interview Unit economic deprivation. It covers a wide range of
VSUs also act as a private interview unit for cases acts of violence or omissions committed against
of sexual abuse, rape, defilement, indecent women and girls because they are females, and
assault and other offences that require privacy against men and boys because they are males.
and confidentiality. It can happen in the home, workplace, public
places, schools, workshops etc.
Gender and Domestic Violence Unit
VSUs deal with cases of gender based and Domestic Violence is any criminal offence
domestic violence and the effects that they arising out of physical, sexual, emotional/
have on children and women in a home, or psychological, social, economic or financial
relationships in a working environment. Police abuse committed by a person against another
officers at the VSU are trained in counselling person within a “domestic relationship” and is
and providing customer support and are just one aspect of SGBV.
equipped to assist victims in need such as
providing temporary shelter within the VSU if Domestic Relationship is a relationship between
it is necessary. persons who are family members and share a
household residence or are dependent on each
Assistance to Children other socially or financially. These will include
VSUs also provide assistance to children who relationships where:
have been victimized such as being defiled
or some other form of child abuse. VSUs are • The applicant and respondent are husband
also located within communities (CVSUs) and and wife.
are staffed by elected members of the local • A person has a child in common with the
community they reside in and they too provide respondent and that person is being subjected
necessary support and guidance to victims of to domestic violence by the respondent.
crime and protect the confidentiality of the • One is a parent and the other is his/her child
clients that arrive to the VSU. They also receive or dependant.
training alongside police officers. In some • The applicant and the respondent are or have
cases, community members of the VSU are the been in a visiting relationship for a period
ones that are approached first by the victims exceeding twelve months.
of crime before they are brought to the police.

49 CHILD PROTECTION MODULE

• The complainant is a relation, an orphan, • Rape, Incest, Attempted rape
or a domestic worker residing with the • Abduction
respondent. • Abduction of girls under 16 years of age
• Indecent assault on females
Forms of Gender Based Violence • Insulting the modesty of a woman,
• Defilement of girls under 13 years of age
Physical Abuse • Defilement of idiots or imbeciles
Physical violence means any act or omission • Sodomy
which causes or is intended to cause physical • Bestiality
injury or a reasonable apprehension of physical • Procuring defilement of a woman by fraud or
injury. This includes a wide range of acts such administering drugs
as battering, electrocuting, slapping, kicking,
beating, choking, shoving etc. The impact of Cultural Abuse
physical violence can range from emotional/ Cultural abuse is any harmful act/practice
psychological effects, loss of body parts and perpetuated by a person against another
their functionality or psychological/emotional person in the name of tradition or culture that
effects such as stress and depression. causes suffering on the part of the victim and
results in, among other things, physical, sexual,
Psychological or Emotional Abuse psychological harm and economic deprivation.
This type of violence affects the mindset of the Many Malawian customs, practices, beliefs and
victims as they feel humiliated and worthless, attitudes condone the violation and abuse of
leading them to socially withdraw from families women and children, and generally conform
and the community. In addition, the self esteem/ to patriarchal interests that can allow violence
image of the victim is negatively impacted against women and girls. Cultural abuse is usually
leading to adverse results in how s/he interacts about power and control over the victim. Threats
with family and friends as well as in pursuing and intimidation are used to coerce the victim to
educational/employment opportunities. take part in acts/practices that are harmful. Most
often these practices are perpetuated against
Typical examples of emotional abuse include women and children because they are considered
but are not limited to the following: inferior to men.

• Making unwelcome and repeated statements Some examples of cultural abuse include, but are
or intimidating contact with a child, not limited to:
dependant or an elderly person.
• Interfering with or damaging the property of • Kusasa/Kuchotsa fumbi – Girls who have just
a person. been initiated are forced to have sex with older
• Persistent intimidation by the use of abusive men as part of a cleansing.
or threatening language. • Chokolo – A woman is forced to take one of
• Depriving a person of the use of his/her her late husband’s male relatives to be her new
property. husband so that she (and her children) can still be
• Watching or besetting of the place where a cared for (wife inheritance).
person resides, works, or runs a business. • Gwamula – A man breaks into an all-girls
• Persistent telephoning of a person at his or house and rapes them.
her residence or work place with intimidating
or threatening intention. There is also the practice, especially in the
northern part of the country, where young girls
Sexual Abuse who are virgins are abducted and raped/forced to
This is defined as sexual contact of any kind that have sex with chiefs attending the inauguration
is made by force or threat and the omission of, of a new chief. Women are usually compelled to
or an attempt to commit any of the offences perform such acts for fear of bringing a curse on
provided for under Chapter XV of the Penal the family and becoming an outcast.
Code which includes the following:
Social Abuse

CHILD PROTECTION MODULE 50

Social abuse includes denying a person the
freedom to associate freely with others with the • What have I learned?
aim of possessing that person so as to let him/her • How can I apply what I have learned to my
to completely depend on the abuser. Examples daily activities as a police officer working in
include denying a person to join and attend the VSU?
committee meetings set by various players • Who can I partner with in educating the
to address certain ills of the communities for women, children, families and communities
purposes of civic education. This is a pattern of I work with on the role of the VSU?
behaviour of any kind the purpose of which is to
exercise coercive control over or exploit or limit UNIT NINE REVIEW CHECKLIST
a person’s access to freedoms of association
and enjoyment of public life. Types of Services Offered at VSUs
First Aid: is provided to injured victims of
Economic/financial Abuse crime and even suspects that are brought to
Economic/financial abuse denies a person the Police formation before being referred to
the liberty to undertake any lawful income the health facility for further treatment.
generating activities or access to economic Advice: potential crime offenders are
resource as well as exercising coercive control advised against committing offences and
over, or exploit or limit a person’s access to victims of crime are provided with advice in
financial resources so as to ensure his or her the absence of counselling in order to reduce
partner’s financial dependence. Economic/ their fear of the crime.
financial abuse includes refusal to provide Referral Unit: refers victims to other
basic household necessities, withholding partners such as the Social Welfare office,
that person’s basic income or salary, and District Assembly, Hospitals, and Office of the
denying that person the opportunity to seek Ombudsman and civil society organisations.
employment. Other examples are property Private Interview Unit: for cases of sexual
grabbing, preventing a spouse from securing abuse, rape, defilement, indecent assault
employment or allowing her or him to run a and other offences that require privacy and
business. confidentiality.
Gender and Domestic Violence Unit: Police
Child abuse officers at the VSU are trained in counselling
Child abuse can be defined as any act or and providing customer support, and are
omission done to a child, which can interfere equipped to assist survivors of SGBV in need.
with his or her personal growth and/or mental, Assistance to Children: VSUs also provide
social, physical and/or sexual development. assistance to children who have been
Some examples include: victimized of such offences as defilement or
• Exposing children to sexual materials and/or some other form of child abuse.
content General Sensitization on Human Rights and
• Not providing adequate food Policing: VSU officers carry out community
• Physical abuse meetings aimed at raising awareness among
• Child labour and exploitation community members on issues of human
• Forced marriages rights, women’s rights, child rights, gender
• Denial of essential services such as education based violence, HIV and AIDS, and general
and health policing work that they carry out.
Types of Offences and Abuses handled at the
Role of Police in Operating the VSU VSU
The police VSU is operated by police officers and Gender Based Violence is any unlawful act
its primary clients are victims. Police officers perpetrated by a person against another
working in the VSU must implement the child person on the basis of their sex, which causes
and victim friendly practices that have been suffering on the part of the victim and results
instructed in this manual and throughout the in, sexual, physical, psychological/emotional
course on child protection and SGBV. harm and economic deprivation.
Domestic Violence is any criminal offence
Knowledge and Application Test arising out of physical, sexual, emotional/

51 CHILD PROTECTION MODULE

 psychological, social, economic or financial economic deprivation.
abuse committed by a person against another - Social Abuse: Social abuse includes denying
person within a “domestic relationship”. a person the freedom to associate freely
Forms of Gender Based Violence with others with the aim of possessing that
- Physical Abuse: Physical violence means any person so as to let him/her to completely
act or omission which causes or is intended depend on the abuser.
to cause physical injury or a reasonable - Economic/financial Abuse: when a person
apprehension of physical injury. is denied the liberty to undertake any lawful
- Psychological or Emotional Abuse: This type income generating activities or access to
of violence affects the psychological and economic resources as well as exercising
emotional well-being of the victim i.e. the coercive control over, or exploit or limit a
self esteem/image the victim has of him/ person’s access to financial resources so
herself. as to ensure his or her partner’s financial
- Sexual Abuse: This is defined as sexual contact dependence.
of any kind that is made by force or threat - Child abuse: any act or omission done to a
such as the offences of rape and defilement. child, which can interfere with his or her
- Cultural Abuse: is any harmful act/practice personal growth and/or mental, social,
perpetuated by a person against another physical and/or sexual development.
person in the name of tradition or culture Role of Police in Operating the VSU: Police
that causes suffering on the part of the officers working in the VSU must utilise the child
victim and results in, among other things, and victim friendly practices that have been
physical, sexual, psychological harm and instructed in this manual.

Psychological or Emotional
Abuse affects the mindset of the
victims as they feel humiliated
and worthless, leading them to
socially withdraw from families
and the community.

CHILD PROTECTION MODULE 52

UNIT TEN Other gender-based violence survivors who
witness this social marginalization are unlikely
to report the incidents themselves and,

THE PREVENTION OF
therefore, will not receive the support services
they need. Some consequences of SGBV are
physiological such as an unwanted pregnancy

DOMESTIC VIOLENCE and/or a sexually-transmitted infection (STIs)

such as HIV.

ACT, 2006 Thus, in Malawi, the passage of the Prevention

of Domestic Violence Act, 2006(PDVA) is one
Learning Need of the major responses to address domestic
Police officers should have knowledge on the violence as well as SGBV. The importance of
content, use and application of the Prevention the PDVA is its broad applicability: it covers a
of Domestic Violence Act, 2006. This will help diverse range of issues including the definition
them understand how to handle cases related of domestic violence, types of domestic
to domestic violence that are reported at the relationships, duties of various stakeholders
Victim Support Unit or to police officers in their in the fight against domestic violence, orders
line of duty. that can be issued by courts such as protection
orders under the Act.
Learning Objectives
By the end of the unit, police officers should be Purpose of the Prevention of Domestic Violence
able to: Act
1. Define domestic relationship and domestic The purpose of this Act is to ensure the
violence commitment of the State to eliminate gender-
2. Explain the duties of stakeholders in enforcing based violence occurring within a domestic
the PDVA relationship, and to provide for effective legal
3. Explain the specific duties of police officers in remedies and other social services to persons
enforcing the PDVA affected by domestic violence. Every member
4. Define the three primary ‘Orders’ issued by of the family should enjoy full and equal respect
courts in cases of domestic violence and shall be protected by law against all forms
5. Explain role of police officers in enforcing the of neglect, cruelty or exploitation.
PDVA
The PDVA provides for the issuing of protection
Instructional Activities orders in domestic violence matters. It also
• Group exercises provides for offences and fines on matters
• Class discussions relating to domestic violence. The Act further
• Brainstorming sessions provides for police duties in respect of domestic
• Role play violence incidents.
• Lecturing
Definition of Domestic Relationship
Introduction
There are many adverse physical, psychological The PDVA defines domestic relationship
and/or social effects due to the prevalence of “in relation to domestic violence, as the
sexual and gender based violence. Women who relationship between persons who are family
survive an experience rooted in sexual and/or members and share a household residence
gender based violence (hence the term survivor or are dependent on each other socially or
rather than victim who is a person who succumbs financially, and includes the relationship
to the ordeal, literally or metaphorically) will where-
nonetheless experience deep psychological a) two persons are husband and wife;
trauma, depression, terror, guilt, shame and b) a person has a child in common with
loss of esteem. Some survivors commit suicide the respondent and that person is being
rather than bear the burden of societal shame. subjected or is likely to be subjected to

53 CHILD PROTECTION MODULE

 domestic violence by the respondent; Appendix), and shall include:
c) one is a parent and the other is his or her (a) The names of the parties;
child or dependant; and (b) The relationship and sex of the parties;
d) the applicant and the respondent are or have (c) The date, place and time the alleged
been in a visiting relationship for a period conduct occurred;
exceeding twelve months.” (d) Information relating to the history of
domestic violence between the parties;
Definition of Domestic Violence (e) The date and time the complaint was
received; and
The PDVA defines domestic violence as “any (f) The type of abuse and the weapon used,
criminal offence arising out of physical, sexual, if any.
emotional or psychological, social, economic
or financial abuse committed by a person Court Issued Orders in Relation to Domestic
against another person within a domestic Violence
relationship.” The PDVA gives courts the power to issue
specific orders that will be enforced by police
Duties of Stakeholders officers against suspected domestic violence
perpetrators as well as persons charged with
The PDVA requires stakeholders who will be domestic violence. Such orders are as follows:
mandated to enforce the law to be responsible
for specific duties. Such duties are: 1. Protection Order: the primary elements
1. make an investigation where it has been of the protection order are to empower a
established that domestic violence is victim of domestic violence to apply for the
occurring; Court to protect him/her. It is granted to the
2. explain to the victim of domestic violence his complainant against the respondent when
or her right to protection against domestic the Court believes that the complainant has
violence; indeed suffered from domestic violence or
3. assist the victim of domestic violence to file abuse. The Protection Order prohibits the
a complaint regarding the act of domestic respondent from a) entering or remaining
violence; in any area as specified in the Order. This
4. arrange for the provision of medical may be a household, place of work, business
assistance to the victim of domestic violence or education institution of the victim; and
at the nearest hospital or health facility; b) committing any further acts of domestic
5. arrange for alternative residence or a violence. A Protection Order can be applied
temporary safe place of shelter for the victim by a:
of domestic violence; and a. Dependant with a sound mind
6. inform the victim of domestic violence, b. Person having a child with the abuser
and where possible, the perpetrator of c. Spouse facing acts of domestic violence
the domestic violence about the available d. Police Officer/A Service Provider
alternative dispute resolution mechanisms, e. Parent/sibling of either the abuser or
including counselling and reconciliation. complainant
f. Parent/guardian of a child facing acts of
Specific Duties of Police Officers domestic violence
The PDVA stipulates specific duties that must g. Child/dependant facing acts of domestic
be performed by police officers. These duties violence
are h. A person who has been in an intimate
1. To respond to every complaint or report relationship with the abuser for
alleged domestic violence whether or not more than 12 months can apply for a
the complainant is the victim. Protection Order.
2. To complete a domestic violence report 2. Tenancy Order: it may be applied from the
after responding to any such complaint. A Court by an applicant to stay in the household
domestic violence report shall be in the form whether the respondent is the sole tenant
prescribed in Form 15 of the Schedule (see or tenant holding jointly or in common

CHILD PROTECTION MODULE 54

 with the applicant. Thus the order gives the members and share a household residence
complainant the right to occupy premises in or are dependent on each other socially or
which both the abuser and the complainant financially,
reside, which is being rented in the name of Domestic violence is defined as any
the abuser, or both the complainant and the criminal offence arising out of physical,
abuser. sexual, emotional or psychological, social,
3. Occupation Order: it allows the complainant to economic or financial abuse committed by
occupy a house/residence or any other premise a person against another person within a
forming part of the household residence, domestic relationship.
whether the abuser owns the residence or Specific police officer duties under the
is jointly owned with the complainant. This PDVA:
means that the abuser is required to leave the - To respond to every complaint or report
house/residence for a period of time so that alleged domestic violence whether or not the
the complainant (or the person for whom it complainant is the victim.
is made) is allowed to exclusively occupy the - To complete a domestic violence report
house/residence for the specified period. In a after responding to any such complaint. A
similar manner, this order can be temporary or domestic violence report shall be in the form
final. A temporary Occupation Order is made prescribed in Form 15 of the Schedule
where: a) there is evidence that the respondent Court Orders
has used violence against or caused physical - Protection Order: the primary elements
and emotional injury to a prescribed person; of the protection order are to empower
b) the delay that would be caused if the court a victim of domestic violence to apply
waits to hear both parties could expose the for the Court to protect him/her.
prescribed person to physical or emotional - Tenancy Order: it may be applied from
injury. the Court by an applicant to stay in the
household whether the respondent is
Role of Police Officers in Enforcing the PDVA the sole tenant or tenant holding jointly
Like any other law, police officers have a duty to or in common with the applicant.
enforce the provisions of the PDVA regardless - Occupation Order: it allows the
of their personal beliefs or biases or potential complainant to occupy a house/
relationship they have with the respondent. residence or any other premise forming
part of the household residence,
Knowledge and Application Test whether the abuser owns the
residence or is jointly owned with the
• What have I learned? complainant.
• How can I apply what I have learned to my Role of Police Officers in Enforcing the
daily activities as a police officer working in the PDVA: police officers have a duty to enforce
justice system? the provisions of the PDVA regardless of
• Who can I partner with in educating the their personal beliefs or biases or potential
women, children, families and communities I relationship they have with the respondent.
work with on the PVDA and its role in protecting
them from SGBV?

UNIT TEN REVIEW CHECKLIST

the primary elements
of the protection
Purpose of the PDVA is to ensure the
commitment of the State to eliminate gender- order are to empower
based violence occurring within a domestic
relationship, and to provide for effective legal
a victim of domestic
remedies and other social services to persons violence to apply for
affected by domestic violence.
Domestic relationship is defined as the the Court to protect
relationship between persons who are family
him/her.
55 CHILD PROTECTION MODULE

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61 CHILD PROTECTION MODULE

 APPENDIX

International Human Rights Conventions, Instruments and Provisions on Child Protection,

Child Justice and Sexual and Gender Based Violence

Child Protection

United Nations
1. United Nations Universal Declaration of Human Rights (1948)
2. Declaration of the Rights of the Child, (1959)
3. United Nations Convention on the Rights of the Child, (1990)
• Article 1 (Definition of the Child): The UNCRC defines a ‘child’ as a person below the age of 18
• Article 2 (Non-discrimination): The UNCRC applies to all children regardless of race, religion,
abilities, economic status.
• Article 3 (Best interests of the child): The best interest of the child must be of primary concern in
making decisions that may affect them.
• Article 4 (Protection of rights): Governments have a responsibility to take all available measures
to make sure children’s rights are respected, protected and fulfilled.
• Article 5 (Parental guidance): Governments should respect the rights and responsibilities of
families to direct and guide their children so that as they grow they learn to use their rights
adequately.
• Article 6 (Survival and development): children have the right to live. Governments should
ensure that children survive and develop healthily.
• Article 7 (Registration, name, nationality, care): All children have the right to a legally registered
name, officially recognised by the government.
• Article 8 (Preservation of identity): Children have the right to an identity.
• Article 9 (Separation from parents): Children have the right to live with their parent(s) unless it
is bad for them.
• Article 10 (Family reunification): Families whose members live in different countries should be
allowed to move between those countries so that parents and children can stay in contact, or get
back together as a family.
• Article 11 (Kidnapping): Governments should take steps to stop children being taken out of
their own country illegally.
• Article 12 (Respect for the views of the child): When adults are making decisions that affect
children, children have the right to say what they think should happen and have their opinions
taken into account.
• Article 13 (Freedom of expression): Children have the right to get and share information, as long
as the information is not damaging to them or others.
• Article 14 (Freedom of thought, conscience and religion): Children have the right to think and
believe what they want and to practise their religion as they are not stopping other people from
enjoying their rights.
• Article 15 (Freedom of association): Children have the right to meet together and to join groups
and organisations, as long as it does not stop other people from enjoying their rights.
• Article 17 (Access to information; mass media): Children have the right to get information that is
important to their health and well-being.
• Article 18 (Parental responsibilities; state assistance): Both parents share responsibility for
bringing up their children, and should always consider what is best for each child.
• Article 19 (Protection from all forms of violence): Children have the right to be protected from
being hurt and mistreated, physically or mentally. Governments should ensure that children are
properly cared for and protect them from violence, abuse and neglect by their parents, or anyone
else who looks after them.
• Article 20 (Children deprived of family environment): Children who cannot be looked after by

CHILD PROTECTION MODULE 62

 their own family have a right to special care and must be looked after properly, by people who
respect their ethnic group, religion, culture and language.
• Article 21 (Adoption): Children have the right to care and protection if they are adopted or in
foster care.
• Article 22 (Refugee children): Children have the right to special protection and help if they are
refugees (if they have been forced to leave their home and live in another country), as well as all
the rights in this Convention.
• Article 23 (Children with disabilities): Children who have any kind of disability have the right to
special care and support, as well as all the rights in the Convention, so that they can live full and
independent lives.
• Article 24 (Health and health services): Children have the right to good quality health care – the
best health care possible – to safe drinking water, nutritious food, a clean and safe environment,
and information to help them stay healthy.
• Article 25 (Review of treatment in care): Children who are looked after by their local authorities,
rather than their parents, have the right to have these living arrangements looked at regularly to
see if they are the most appropriate.
• Article 26 (Social security): Children – either through their guardians or directly – have the right
to help from the government if they are poor or in need.
• Article 27 (Adequate standard of living): Children have the right to a standard of living that is
good enough to meet their physical and mental needs.
• Article 28: (Right to education): All children have the right to a primary education, which should
be free.
• Article 29 (Goals of education): Children’s education should develop each child’s personality,
talents and abilities to the fullest. It should encourage children to respect others, human rights
and their own and other cultures. It should also help them learn to live peacefully, protect the
environment and respect other people.
• Article 30 (Children of minorities/indigenous groups): Minority or indigenous children have the
right to learn about and practice their own culture, language and religion.
• Article 31 (Leisure, play and culture): Children have the right to relax and play, and to join in a
wide range of cultural, artistic and other recreational activities.
• Article 32 (Child labour): The government should protect children from work that is dangerous or
might harm their health or their education.
• Article 33 (Drug abuse): Governments should use all means possible to protect children from the
use of harmful drugs and from being used in the drug trade.
• Article 34 (Sexual exploitation): Governments should protect children from all forms of sexual
exploitation and abuse.
• Article 35 (Abduction, sale and trafficking): The government should take all measures possible to
make sure that children are not abducted, sold or trafficked.
• Article 36 (Other forms of exploitation): Children should be protected from any activity that takes
advantage of them or could harm their welfare and development.
• Article 37 (Detention and punishment): No one is allowed to punish children in a cruel or harmful
way. Children who break the law should not be treated cruelly. They should not be put in prison
with adults, should be able to keep in contact with their families, and should not be sentenced to
death or life imprisonment without possibility of release.
• Article 38 (War and armed conflicts): Governments must do everything they can to protect and
care for children affected by war.
• Article 39 (Rehabilitation of child victims): Children who have been neglected, abused or
exploited should receive special help to physically and psychologically recover and reintegrate
into society. Particular attention should be paid to restoring the health, self-respect and dignity of
the child.
• Article 40 (Juvenile justice): Children who are accused of breaking the law have the right to legal
help and fair treatment in a justice system that respects their rights. Governments are required to
set a minimum age below which children cannot be held criminally responsible and to provide

63 CHILD PROTECTION MODULE

 minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings.
• Article 41 (Respect for superior national standards): If the laws of a country provide better
protection of children’s rights than the articles in this Convention, those laws should apply.
• Article 42 (Knowledge of rights): Governments should make the Convention known to adults
and children. Adults should help children learn about their rights, too. (See also article 4.)
• Articles 43-54 (implementation measures): These articles discuss how governments and
international organizations like UNICEF should work to ensure children are protected in their
rights.

4. Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour, (2000)

Regional Instruments
5. African [Banjul] Charter on Human and Peoples’ Rights, (1986)
6. African Charter on the Rights and Welfare of the Child, (1999)

Child Justice

United Nations
1. United Nations Rules for the Protection of Juveniles Deprived of their Liberty, (1990).
2. United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines),
(1990).
3. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing
Rules”), (1985)

Regional Instruments
1. Kampala Declaration on Prison Conditions in Africa, (1996).
2. African Charter on the Rights and Welfare of the Child, (1999)

Sexual and Gender Based Violence

1. United Nations Convention for the Suppression of the Traffic in Persons and Exploitation of the
Prostitution of Others (1951)
2. United Nations Convention on the Political Rights of Women (1954)
3. United Nations Convention on the Elimination of Discrimination Against Women (ratified in
1979):
• CEDAW addresses some issues related to SGBV (trafficking and forced commercial sex work in
Article 6) but the convention primarily addresses the general rights and protections of women
and girls.
• General Recommendation 19 Para. 7: Gender-based violence, which impairs or nullifies the
enjoyment by women of human rights and fundamental freedoms under general international
law or under human rights conventions, is discrimination within the meaning of article 1 of the
Convention. These rights and freedoms include: (g) The right to the highest standard attainable
of physical and mental health.
• General Recommendation 19 Para. 11: Traditional attitudes by which women are regarded as
subordinate to men or as having stereotyped roles perpetuate widespread practices involving
violence or coercion, such as family violence and abuse, forced marriage, dowry deaths, acid
attacks and female circumcision. Such prejudices and practices may justify gender-based violence
as a form of protection or control of women. The effect of such violence on the physical and
mental integrity of women is to deprive them of the equal enjoyment, exercise and knowledge
of human rights and fundamental freedoms. While this comment addresses mainly actual or
threatened violence the underlying consequences of these forms of gender based violence help
to maintain women in subordinate roles and contribute o their low level of political participation

CHILD PROTECTION MODULE 64

 and to their lower level of education, skills and work opportunities.
• General Recommendation 19 Para. 21: Rural women are at risk of gender-based violence
because traditional attitudes regarding the subordinate role of women that persist in many rural
communities. Girls from rural communities are at special risk of violence and sexual exploitation
when they leave the rural community to seek employment in towns.
4. United Nations Declaration on the Elimination of Violence Against Women (adopted by the UN
General Assembly in 1993)
5. The Global Platform for Action (developed at the Beijing Fourth World Conference on Women in
1995
6. United Nations Convention on the Rights of the Child
• Article 19: requires States to take appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent or negligent treatment, maltreatment or exploitation,
including sexual abuse.
• General Comment 3, para.6, Art. 19: Child’s right to be protected from violence.
• General Comment 3, para.37: Violence and abuse may increase child’s risk of HIV infection.
7. The Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography requires that States Parties prohibit the sale of children, child
prostitution and child pornography as provided for by the Protocol.
8. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa,
entered into force Nov. 25, 2005,
• Article 1(j): “Violence against women” means all acts perpetrated against women which cause
or could cause them physical, sexual, psychological, and economic harm, including the threat
to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of
fundamental freedoms in private or public life in peace time and during situations of armed
conflicts or of war;
• Article 3(4): State parties shall adopt and implement appropriate measures to ensure the
protection of every woman’s right to respect for her dignity and protection of women from all
forms of violence, particularly sexual and verbal violence.
9. Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, ,
entered into force Dec 9, 1964
10. Children, Supplementing the United Nations Convention Against Transnational Organized
Crime entered into force Sept. 9, 2003

Malawi Legislation and Children Rights

Other legal documentation in reference to children in Malawi include:

Laws and Statutes

1. Constitution of Malawi
2. Adoption of Children Act
3. Employment Act
4. Immigration Act
5. Legal Aid Act
6. Marriage Act
7. Married Women (Maintenance )Act
8. Penal Code
9. Probation of Offenders Act
10. Refugees Act
11. Wills and Inheritance Act

65 CHILD PROTECTION MODULE

 National Policies
12. Malawi Growth and Development Strategy, Ministry of Development Planning and Cooperation,
2006-2011
13. Malawi HIV and AIDS Extended National Action Framework, Office of the President and the
Cabinet, National AIDS Commission, 2010-2012
14. National Code of Conduct on Child Labour, Ministry of Labour and Vocational Training,
15. National Policy on Orphans and Vulnerable Children (OVC), Ministry of Gender, Children and
Community Development, 2005-2011
16. National Response to Gender Based Violence, 2007-2011
17. National Social Support Policy, Development Planning and Cooperation, 2010
18. National Strategic Plan for Early Childhood Development (ECD), Ministry of Gender, Children
and Community Development, 2009-2014
19. National Youth Policy, Ministry of Youth, Sports, and Culture, 1996

CHILDREN, AGE AND MALAWI LAW

ISSUE LEGAL PROVISION AGE

Age of sexual • Section 138 Penal 14 years or below (boys) cannot consent
consent Code Below 16 years (girls) cannot consent

med forces, entry • Section 19(1) Malawi 18-24 years one can join the armed forces
Defence Force Act
• Regulations No11 of 2004
Criminal • Section 14(b) of the Penal • Age 10 with presumption of lack of
responsibility Code criminal capacity between the ages of
10-14

Employment • Section 21(1) Employment • 14 and above but not hazardous work
Act
Defilement • Section 138 Any person who unlawfully and carnally
Penal Code knows any girl under the age of 13 years

Definition of child • Section 23(5) - 16 years and below

Constitution of Malawi
• Child Care, Protection and
Justice Act, 2010
• Section 160A Penal Code
(Chapter XVA-Offences
Against Morality Relating
to Children)

Marriage • Section 22(6) Constitution 18 and over

of Malawi
• Section 22(7) Constitution Between 15 and 18 years-consent of
of Malawi parent(s)/guardian(s) is required

• Marriage Act 21 years or younger-consent of parent(s)/

guardian(s) is required
Suffrage • Section 77 (1)(b) • 18 and above
Constitution of Malawi

CHILD PROTECTION MODULE 66

 GLOSSARY through the criminal justice system that do not
involve deprivation of liberty. Alternatives can
Glossary of terms relevant to child protection be applied from the time of apprehension until
and justice xiii final disposition for children who have not been
diverted away from the formal justice system.,
For the purposes of this toolkit, ‘alternatives
Acquitted: A child is acquitted when found to detention’ and ‘alternatives to deprivation
not responsible of an offence by a competent of liberty’ are used as synonyms. The terms
authority. ‘alternatives to imprisonment’ (as opposed
to ‘alternatives to detention’ or ‘alternatives
Adequate records: Minimum record keeping to deprivation of liberty’) and ‘non-custodial
should include each child’s: name; sex; date of sentencing’ (as opposed to ‘non-custodial
birth; details of parents and family members measures’) apply specifically at the sentencing/
or guardians; ethnicity; district of origin; final disposition stage.[see ‘deprivation of
alleged offence or reason for contact with the liberty’ and ‘detention’].
criminal justice system (including for arrest and
detention where relevant); dates of alleged Arrest: When someone is placed under the
offence, arrest and detention (where relevant); custody (they are not free to leave) of the
place[s] of detention (if relevant); the date and police, military, intelligence or other security
reason for transfer between institutions (where forces because of actual, perceived or alleged
relevant); and court history (where relevant). conflict with the law. Definitions vary from
Strict confidentiality must be observed with country to countryxiv . In general, holding
such records. a person for purposes of investigation (or
confirming identity or contacting a responsible
Adjudicate: To settle a case by judicial procedure. adult), without a specific offense being cited
as the reason, would not be considered to be
Adjudication hearing: Stage in court formal arrest. The criminal justice process often
proceedings in which arguments, testimony and begins with an investigation by a police officer,
evidence are presented to determine whether either because he or she observes a violation of
or not a child actually committed the alleged the law being committed or because such an
offence. act is reported. The police officer will generally
take one of three actions at arrest: 1) release the
Aftercare: Control, supervision and care child to his or her parents / guardians or other
exercised over children, generally after family member with a warning or reprimand;
custodial sentences. Aftercare may include 2) release the child to the parents / guardians
probation, parole, counselling, enrolment in or other family member under the condition
a community programme or other forms of that the child enrols in a community diversion
treatment. Aftercare services are designed to programme; or 3) keep the child in custody
support children’s return to their families and and refer the matter to the juvenile / children’s
communities. court for further processing. In civil law systems
the police officer – or a designated colleague
Age of criminal responsibility: [see ‘minimum at the police station - is obliged to contact
age of criminal responsibility’] the procureur (public prosecutor) for further
direction as the police officer does not have the
Alternative sentence: Measure that does not discretion to apply diversion measures him or
involve deprivation of liberty that is imposed at herself.
the time of final disposition on a child who has
been found guilty of committing an offence. Bail: A suspect who has been arrested or charged
This is also known as a ‘non-custodial sentence’. with an offence is released by the police or court
on condition that they report back at a certain
Alternatives (to deprivation of liberty or to date and time. Sometimes the suspect has to
detention): Measures that may be imposed keep to certain conditions such as living in a
on children who are being formally processed particular place, not going near witnesses and/

67 CHILD PROTECTION MODULE

or not interfering with evidence. Sometimes It is also understood that some English-speaking
the suspect has to pay a sum of money which is countries such use the term ‘young people’ or
refunded only if they return to appear in court ‘youth’ to refer to older children out of respect for
as ordered. However, the payment of money their increasing autonomy and independence.
should be discouraged as it disadvantages Some people argue that this helps to promote
children from poor backgrounds even if they their participation in justice processes. However,
will comply with the conditions of bail. A well- to avoid confusion, this toolkit still uses the term
developed bail plan that meets the needs of ‘child’ to refer to all under-18s in line with the
the community and the child and involves the CRC.].
extended family will ensure compliance. If there
is serious concern that the suspect will not return Child in conflict with the law: Any child who
then they may be ‘remanded in custody’ – i.e. comes into contact with law enforcement
detained – pending further court appearance. authorities because he or she is alleged as,
Such pre-trial detention is grossly over-used for accused of –or recognized as having infringed
children in many countries. the criminal law. In this regard, it is important to
bear in mind that an act suspected to be against
Caution / warning: Official warning given to the law does not necessarily mean that a person
children in conflict with the law who admit to is guilty of an offence. To be guilty, a person must
their offense. Police cautioning is a form of ’first have acted with awareness of what he or she
level’ or diversion, and can prevent children who was doing, with intent, and without duress or
have committed minor offences from spending undue influence. The term ‘child in conflict with
time in detention facilities. As a condition of the law’ also applies to children under the age of
the caution or warning, the child may have criminal responsibility, although – if a distinction
to apologise to the victim/survivor and/or do needs to be made – they can be referred to as
some community work or other reparation. ‘children too young to be prosecuted’, ‘children
under the minimum age for prosecution’ or
Charge: A child is charged with an offence ‘children under the minimum age of criminal
where the police, a law enforcement authority, responsibility’, or ‘underage offenders’ (although
the public prosecutor or a competent authority there is dispute as to the appropriateness of
formally accuses him or her of having committed this last term: can a child be an ‘offender’ if they
a specific offence. are too young to be criminally responsible?) xv.
Children may be arrested for activities that are
Child: For the purposes of this toolkit, the term officially criminalized in legislation but which
‘child’ refers to any person under the age of 18, the international human rights community calls
in line with the UN Convention on the Rights of to be decriminalized as a matter of urgency
the Child (Article 1). Stressing the use of child- (e.g. status offences – see below). Furthermore,
sensitive terminology, words and terms such as some children who have not engaged in criminal
‘minor’, ‘juvenile’ and ‘juvenile delinquent’ have activity are arrested illegally. There is also a
been avoided in this toolkit, due to their negative category of children who are directed to the
and prejudicial connotations and the fact that criminal justice system because the care system
they detract from the reality that the individuals is lacking. However, the present toolkit addresses
involved are first and foremost children and the situation of children who are alleged as,
adolescents. These terms are replaced with accused of, or recognized as having infringed the
references to ‘child’ and ‘child in conflict with criminal law. xvi
the law’. However, the term ‘juvenile’ will still
be used when it is specifically mentioned by Child in contact with the law: Any child who
an international instrument under review or comes into contact with the juvenile justice
when quoting references and identifying the system or the criminal justice system as a victim/
titles of previous researches. [It is understood survivor, witness or in conflict with the law, and/
that in the Spanish language the term ‘child’ or any child who comes into contact with the
(niño / niña) refers only to younger children; civil and/or administrative justice systems. This
under-18s are therefore referred to as ‘children’ term is broader than ‘child in conflict with the
(niños / niñas) and ‘adolescents’ (adolescentes). law’. Diversion and alternatives to detention

CHILD PROTECTION MODULE 68

 apply specifically to children in conflict with rights and the capacity of rights-holders to claim
the law, although it is recognised that many their rights, and which is guided at all times by
such children are also victims/survivors and/or the principles of the right to life, survival and
witnesses as well. development, non-discrimination, the best
interests of the child and respect for the views
Child justice: In some countries this term is of the child.’
synonymous with ‘juvenile justice’ (e.g. South
Africa). In other countries this term has a much Child victim/survivor: These terms refer to
broader meaning, closer to ‘children in contact children who have had offences committed
with the law’ and/or ‘justice for children’. In order against them. In child protection work, much
to avoid confusion, the term ‘child justice’ is not progress is being made to improve access
used in this toolkit. [See also ‘juvenile justice’, to justice and child rights-based / sensitive
‘child in contact with the law’ and ‘justice for treatment of such children in the criminal
children’] justice system. The term ‘child victim/survivor’ is
preferred in this toolkit to the term ‘child victim’.
Child justice court: A court with authority over This is because the term ‘survivor’ (now widely
cases involving individuals under a specified used in relation to gender-based violence)
age, usually 18 years. acknowledges and reinforces children’s
resilience, can assist in psychological recovery,
Child-friendly justice: Sector–wide approach and can reduce ‘double-victimisation’ by
aiming to improve all policies and practices continued labelling with the term ‘victim’ which
of the justice system towards [Link] many see as disempowering and stigmatising.
This includes legislation, norms, standards, The word ‘victim’ is retained, however, because
guidelines, policies, procedures, mechanisms, it has a specific legal meaning in many contexts,
provisions, institutions and bodies specifically it is still widely used and recognised and,
applicable to children who come into contact unfortunately, not all children do ‘survive’. This
with the criminal, civil or administrative justice toolkit on diversion and alternatives only applies
system in any way, including as victims/survivors, to children in conflict with the law. It must be
witnesses and as children in conflict with the law. remembered, however, that many children
These aspects may or may not be framed within in conflict with the law are often also victims/
a separate system for children. ‘Juvenile justice’ survivors (and possibly witnesses) and this may
is a similar term. However, ‘juvenile justice’ is be at the root of their offending behaviour. This is
used to refer only to children in conflict with the yet another reason why criminal justice systems
law, not to children who are victims/survivors need to deal sensitively and appropriately with
or witnesses or who have contact with civil and children in conflict with the law, for example
administrative justice systems. xviii through the application of appropriate care
and protection measures and investigation /
Child rights-based approach: UNICEF does perusal of perpetrators of crime against such
not have a specific definition for a ‘child rights- children - in addition to implementing diversion
based approach’. It relies instead on the ‘human or alternative sentencing measures which
rights-based approach to programming’ xix , the acknowledge this double status. Child victims/
UNICEF Mission Statement (which indicates that survivors can also be considered a witness to
the CRC is the organisation’s guiding frame of the crime.
reference), and the ‘four principles’ of the CRC
(non-discrimination - Article 2, the best interests Child witness: These terms refer to children
of the child - Article 3, the right to life, survival who are witnesses in relation to criminal cases.
and development - Article 6, and respect for This toolkit on diversion and alternatives only
the views of the child - Article 12). Essentially applies to children in conflict with the law.
this means: ‘an approach which furthers the Civil law: ’Civil law’ has two possible meanings:
realisation of the rights of all children as set 1. ‘Civil law’ is a legal system whereby laws are
out in the CRC through programming which written into a systematic collection and codified,
develops the capacity of duty-bearers to meet rather than being determined by judges; 2. An
their obligations to respect, protect and fulfil area of either ‘civil’ or ‘common’ law systems

69 CHILD PROTECTION MODULE

which deals with private law (relationships to those alleged as, accused of, or recognized
between individuals) rather than public law as having committed a criminal offencexxi ,
(relationships between individuals and the whether adults or children. The criminal justice
state). In relation to children this can involve, for system may include elements which are specific
example, custody and inheritance disputes. to children as victims/survivors, witnesses or in
Civil justice system: Institutional framework conflict with the law. Where a separate system
(procedures, professionals, authorities and exists for children in conflict with the law this is
institutions) that supports the upholding of civil often referred to as a ‘juvenile justice system’
law. [see also ‘juvenile justice system’; ‘civil justice
system’ and ‘administrative justice system’].
Community order / community service order: A
sentence or measure to be served/implemented Criteria for pre-trial detention: Basic
in the community. As part of the community conditions which must be met in order to justify
order the court may order the child in conflict the detention of children before and during
with the law to fulfil a number of requirements. their trial and which must be set out in law.
These may include drug or alcohol treatment Such criteria might include; need to prevent
and testing, electronic monitoring (tagging), further offending; need to prevent interference
curfew, living at a specified address, unpaid with witnesses and/or victims/survivors; risk of
work, doing or refraining from doing certain flight or risk of deciding not to reappear before
things or entering certain places, or attending the court. If detention is sought there must
certain programmes. be evidence to support one or more of these
grounds.
Complaints mechanism: Any system that
allows a child (in conflict with the law) to bring Custodial sentence: Disposition involving
any aspect of the treatment that child has deprivation of liberty.
received, including violations of his or her rights,
to the attention of the authority responsible Defilement: sexual pleasure or arousal from
for the place of detention, or any other official polluting, destroying, or violating another
body established for such purpose. Such person.
mechanisms could include ombudspersons
and autonomous, statutory community-based Deprivation of liberty: means “any form of
prison monitoring groups. detention or imprisonment or the placement of
a person in a public or private custodial setting,
Conference / restorative justice conference / from which this person is not permitted to leave
dialogue: A facilitated meeting or encounter at will, by order of any judicial, administrative
between stakeholders involved in an offence or other public authority.”xxii This includes any
such as victims/survivors, children in conflict form of residential placement including police
with the law and perhaps families, professionals lock-ups, remand homes, borstal institutions,
and community membersxx. In some reform schools, education and re-education
jurisdictions such as New Zealand, the court centres, training centres and schools, treatment
is required to refer the matter to a restorative centres and secure institutions, whether they
justice conference and the conference reports are facilities specifically for children or for adults.
back to the court with recommendations on The term applies regardless of the reason why
how the matter should be dealt with. children are deprived of liberty, whether the
declared aim is protection, rehabilitation,
Convicted: A child is convicted when found punishment or something else.
guilty of having committed an offence by the
decision of a competent authority. Detention: The Body of Principles for the
Protection of All Persons under Any Form of
Detention or Imprisonment (1988) defines
Criminal justice system: Laws, procedures, detention as follows:
professionals, authorities and institutions that • “Detained person” means any person
apply to witnesses and victims/survivors, and deprived of personal liberty except as a result

CHILD PROTECTION MODULE 70

 of conviction for an offense; of involvement by the child in the offence.
• “Detention” means the condition of detained • Other: A child found to have committed an
persons as defined above. offence may be given a disposition other than
placement or probation, such as requiring
The term therefore normally refers to pre-trial participation in a drug abuse treatment
detention only. However, in some countries, this system, payment of fines, or performance of
term is rather used as a synonym to deprivation community service.
of liberty. For simplicity purposes, this is how
these terms are used in the present toolkit. Disposition hearing: Hearing held after the
adjudication hearing in which the judge
In the case of children, detention should always determines the disposition of a child’s case.
be a measure of last resort and for the shortest
appropriate period of time as per article 37 b) Diversion: Diversion means channelling children
CRC. [See last resort]. in conflict with the law away from judicial
proceedings through the development and
Disposition: The decision reached concerning implementation of procedures or programmes
a child’s case. Examples include, but are not that enable many - possibly most - to avoid
limited to, a juvenile / children’s court judge the potential negative effects of formal judicial
deciding to dismiss the case or to order a child proceedings, provided that human rights and
to participate in a drug treatment programme legal safeguards are fully respected. Diversion
or perform community service. The term can be instigated from the time of apprehension
‘disposition’ covers a broad range of options. It (before arrest) to any point up until the final
is not synonymous to ‘sentence’ as ‘disposition’ disposition hearing (including after pre-trial
includes dismissal of a case whereas ‘sentence’ detention). A decision not to pursue a case (e.g.
always involves the application of certain through lack of evidence) may be made after a
measures. [See also ‘sentence’] Juvenile / formal hearing but this is not ‘diversion’: the case
children’s court case dispositions usually fall is simply dropped altogether. The term should
into the following categories: not be used with regard to children who are too
• Dismissal: An order of the court disposing of a young to be prosecuted: if they are young to be
case without conducting a trial of the issues. tried, they cannot be diverted from trial.
Dismissal may occur when there is a finding
of insufficient evidence to bring the matter to Due process (in full: ‘due process of law’):
trial, when no more decisions or actions are Denotes a set of guarantees for a fair and
anticipated, or when the case is already being impartial hearing in court, generally including –
handled by another court. but by no means limited to – the defendant’s
• Placement: Removing a child found to have right to understand the charges
committed an offence from the home and being brought, to challenge their arrest and
placing him or her elsewhere for a specified detention (if applicable), to be considered
period of time, such as in a children’s care innocent until proven guilty, to be informed of
home, detention centre or other facility. evidence held against him/her and to contest
• Probation: Placing a child found to have that evidence, to be represented, and to have
committed an offence under the supervision access to judicial review of the decision.
of the court (usually through a probation
service or equivalent). During probation, the Hearing: A court proceeding to decide on
child must maintain good behaviour, not a course of action or to determine a child’s
commit another offence, and meet any other involvement or non-involvement in an offence.
conditions the court may deem it appropriate In making the decision arguments, witnesses
to impose. and evidence are considered by a judicial officer
• Probation before judgment: Placing a child or administrative body. It should be noted that
found to have committed an offence on there is a wide variety of practice internationally
probation before the judge makes a final in this area and that States often give different
decision. Successful completion of the names to hearings at different stages of the
probation period results in a complete process.
dismissal of the charges without any finding

71 CHILD PROTECTION MODULE

Immigration / migration offence: An offence regarding their care, custody or protection. In
relating to the legality of the entry and/or short, justice for children goes beyond juvenile
continued presence of the child and/or his or justice – i.e. work with children in conflict with
her family in the country in question, or to the the law – to include all children going through
legality of the current place of residence of the justice systems, for whichever reason.
child and/or his or her family following internal
displacement.
Juvenile delinquency / juvenile delinquent
Imprisoned person: “means any person deprived (or ‘child delinquency / delinquent’): ‘Juvenile
of personal liberty as a result of conviction for delinquency’ is used to refer to behaviour
an offence.” xxiii[See also ‘detention’] of children which violates the law. However,
it is also used to refer to general ‘anti-social
Individual rehabilitation / reintegration behaviour’ which may or may not be criminalised
plans: A document which outlines specific within a particular jurisdiction. Behaviour which
characteristics of a child’s conflict with the has been criminalised might include activities
law which is designed to tailor rehabilitation / prohibited to children but not to adults – such
reintegration to each individual child. The plan as ‘truancy’, ‘running away’ or being ‘beyond
should address the risks in the child’s life that parental control’ (also known as ‘status offences’
led to the original conflict with the law. Should – see below). Sometimes, as in the case of
such services as substance abuse counselling, sexually exploited children or children exploited
family counselling or educational support be by adults for criminal purposes, the system
needed, these steps would be outlined in an does not differentiate between the child as the
individual child’s plan. perpetrator of a crime and the child as victim/
survivor of a crime. ‘Juvenile delinquency’ and
Informal justice system / non-formal justice ‘juvenile delinquent’ carry strong negative
system: Forms of justice enforcement and connotations in English which can damage the
dispute resolution that are not an integrated part reintegration process and therefore other terms
of the formal justice system and which have a are used in this toolkit such as ‘child in conflict
degree of effectiveness, stability and legitimacy with the law’.
within a designated local constituency. Informal
justice systems are most often based on a Juvenile justice / juvenile justice system:
normative framework deriving from tradition/ Legislation, norms, standards, guidelines,
custom, and/or religion, on occasions with policies, procedures, mechanisms, provisions,
integrated elements from the national legal institutions and bodies specifically applicable
framework and/or international human rights to children in conflict with the law who are over
standards. In many cases informal justice the age of criminal responsibility. These aspects
systems draw on a variety of legal sources. may or may not be framed within a separate
system for children. For example, in the criminal
Information systems: Procedures and code, special provisions may exist for children
structures that enable bodies or institutions in conflict with the law although they are dealt
that deal with children in conflict with the law with in an adult rather than a children’s court. In
to systematically record, update and retain some countries, a gradual shift away from the
information about those children. term ‘juvenile justice’ is taking place, in favour
of ‘child justice’. [See also ‘child justice’]
Justice for children: This terms refers to
policies and programmes aiming at ensuring Last resort: means that “deprivation of personal
that children are better served and protected liberty shall not be imposed unless the juvenile
by justice systems, through full application is adjudicated of a serious act involving violence
of international norms and standards for all against another person or of persistence in
children who come into contact with justice committing other serious offences and unless
systems as victims/survivors, witnesses and there is no other appropriate response” (Rule
alleged perpetrators; or for other reasons where 17(c), UN Rules on the Administration of
judicial intervention is needed, for example Juvenile Justice).

CHILD PROTECTION MODULE 72

 age of criminal responsibility below the age of
Legal representation / legal assistance / legal 12 years is considered by the Committee not to
aid: ‘Legal representation’ is representation in be internationally acceptable. States parties are
court by a qualified lawyer (or a legally trained encouraged to increase their lower MACR to the
person who is authorised to appear in court). age of 12 years as the absolute minimum age
This is not the same as ‘legal assistance’ or and to continue to increase it to a higher age
advice which can be provided by a lawyer, NGOs level” (paragraph 32). In some regions, there
or paralegals at any stage of the criminal justice is some interest in introducing the term and
process. ‘Legal aid’ generally refers to funding concept of ‘minimum age of prosecution’ rather
or funding schemes made available by the State than ‘minimum age of criminal responsibility’
or others to provide for ‘legal representation’ to (which is considered confusing “because in
all vulnerable groups in contact with a justice many countries juvenile justice systems are
system, whether as offenders, victims/survivors based on the principle that children do not have
or witnesses, to ensure their effective legal ‘criminal responsibility’” xxvi ).
protection.
Molestation: the act of subjecting someone
Mediation / victim-offender mediation: A to unwanted or improper sexual advances or
process in which a neutral person assists activity
two or more people to resolve a conflict and
reach a solution acceptable to all sides. This is Non-formal justice system: [see ‘informal justice
commonly used in restorative justice processes system’]
as a diversion measure or an alternative to
court proceedings. Victim-offender mediation Non-residential programme: Programme that
brings the victim/survivor of a crime together provides services to children who live at home or
with the offender for mediation, provided that in the community and report to the programme
the offender has admitted guilt to the offence on a daily basis or as scheduled (as opposed to
(without pressure) and that both sides agree to a ‘residential’ programme – see below). Children
take part. Mediation does not have to be face- in such a programme require more attention
to-face: ‘shuttle’ mediation and letter-writing are than that provided by probation and aftercare
some examples of indirect mediation. The terms services. Often the programme operates its own
‘conference’, ‘conferencing’ or ‘dialogue’ are education programme through the local school
increasingly preferred to the term ‘mediation’ district.
(which implies that parties on all sides are on
the same ‘moral playing field’ and share equal Offence: An act punishable by the law by virtue
blame for a situation – an assumption which can of the legal system in question.
be inappropriate from the standpoint of victims/
survivors).xxiv [See also ‘conference’] Penal law: [see ‘criminal law’]

Minimum age of criminal responsibility: This Pre-trial detention: The period when children
is the lowest age at which the juvenile justice are deprived of liberty between the moment
system deems a child can be held responsible of being charged and the moment of being
for his/her own behaviour and can therefore be sentenced. Such deprivation of liberty must
found guilty in a court. Under this age children be used only as a last resort, must be the least
are not considered to have the capacity to restrictive in the circumstances and must be
infringe penal law. xxv Penal codes often make ordered by a competent authority. Diversion
exceptions to the minimum age in cases of away from formal proceedings is strongly
very serious crimes, which is strongly opposed encouraged, as it allows for release from pre-
by the Committee on the Rights of the Child. trial detention as early as possible. Pre-trial
There is debate internationally about what the detention includes: detention in police cells
minimum age of criminal responsibility should following arrest and before the first assessment
be. The Committee on the Rights of the Child of the case before a competent authority; and
General Comment No. 10 (2007) on ‘Children’s detention in remand facilities following the first
rights in juvenile justice’ states that “a minimum hearing of the case before a competent authority

73 CHILD PROTECTION MODULE

but prior to the final disposition hearing. Over- participation; 6. Capacity of those in contact
use and abuse of pre-trial detention is a cause with the child; 7. Basic and Targeted Services; 8.
for great concern internationally. In many Monitoring and oversight.
countries children can spend months and even
years in pre-trial detention whilst awaiting final Proportionate: Maintaining a just, proper,
disposition of their cases. [See also ‘criteria for balanced or comparative relationship. In justice
pre-trial detention’] this is often used to refer to the relationship
between an offence and the response to this
Probation / supervision: Non-custodial offence – in other words ensuring that the
measure involving the monitoring and response is ‘reasonable’ and not an over- or
supervision of a child whilst he or she remains an under-reaction. According to the CRC
in the community as well as guidance and (Article 40.4): “A variety of dispositions, such
assistance. A competent authority, the public as care, guidance and supervision orders;
prosecutor, the social welfare service or a counselling; probation; foster care; education
probation officer usually supervises probation. and vocational training programmes and
Probation may be employed as a measure on its other alternatives to institutional care shall be
own, or following a custodial sentence. During available to ensure that children are dealt with
probation, the young person must maintain in a manner appropriate to their well-being and
good behaviour, not commit another offence, proportionate both to their circumstances and
and meet any other conditions the court may the offence.” According to the Beijing Rules
deem appropriate to impose. Precise definitions (Rule 17.1(a)): “The reaction taken shall always
vary. Similar arrangements can be designated be in proportion not only to the circumstances
by other terms, such as parole or conditional and the gravity of the offence but also to the
sentence, depending on the country. circumstances and the needs of the juvenile as
well as to the needs of the society”.
Probation officer: Government official
responsible for supervising a period of probation. Punishment: A penalty imposed for
He or she is often in charge of conducting an wrongdoing.
assessment of the child and referring him or
her to appropriate counselling, education and Rape: forcing another person to have sexual
reintegration programmes. In some countries intercourse with him or her especially by the use
this role is performed by a social worker. of threat, or actual use, of violence or coercion.

Protective Environment Framework (PEF): Recidivism: Re-offending within a certain

UNICEF conceptual framework for analysis period. Recidivism is a key indicator in
and programming which defines eight broad evaluating the level of ‘success’ of diversion
elements that are critical to the creation of and alternatives in comparison to detention,
a protective environment for children. A as well as when evaluating the success or
‘protective environment’ is where girls and failure of rehabilitation programmes in prisons.
boys are free from violence, exploitation, Recidivism is often measured in relation to a
and unnecessary separation from family; and time period, e.g. ‘10% of those who participated
where laws, services, behaviours and practices in the programme committed another crime
minimize children’s vulnerability, address known within 12 months following completion of the
risk factors, and strengthen children’s own programme’. However, for such findings to be
resilience. The eight interconnected elements valid, there needs to be rigorous methodology
of the PEF work individually and collectively to in place.
strengthen protection and reduce vulnerability.
They are: 1. Governmental commitment to Rehabilitation: Restoring of a person to good
fulfilling protection rights; 2. Legislation and health or a constructive place in society,
enforcement; 3. Attitudes, traditions, customs, often through therapy and education. The
behaviour and practices; 4. Open discussion, term ‘reintegration’ is generally preferred to
including the engagement of media and civil ‘rehabilitation’ as the latter is thought to divert
society; 5. Children’s life skills, knowledge and attention away from external factors and

CHILD PROTECTION MODULE 74

responsibilities bringing a child into conflict harmony as much as possible between
with the law. Art. 40 CRC specifies that every offender, victim/survivor and society. It mainly
child in conflict with the law has the right to be involves some form of mediation and conflict
treated in a way which takes into account the resolution and often results in apologies,
desirability of promoting his/her reintegration reparation, compensation and community
and assuming a constructive role in society [See service. In contrast to ‘retributive justice’,
also ‘reintegration’] which focuses on punishing the offender via
a two-way relationship (offender and state),
(Re)integration: (Re)-establishing of roots and ‘restorative justice’ addresses harm, needs,
a place in society for children who have been accountability and obligations via a three-
in conflict with the law so that they feel part of, way relationship (offender, victim/survivor
and accepted by, the community. This involves and society). Restorative justice: makes the
a process of social, economic and political offender responsible for reparation of harm
reintegration, for example: through the restoring caused by the offence; gives the offender an
of family, peer and community relationships; opportunity to prove his/her positive capacity
and through participation in educational and qualities; tackles guilt feelings in a positive
or livelihood activities, cultural and leisure way; and involves others who have a role in
activities, and decision-making processes. ‘Re’- conflict resolution including victims/survivors,
integration assumes that the child was once a parents, extended family members, schools
part of, and accepted by, the community in the and peers.
past. However, in some cases the process might
be more accurately described as ‘integration’ Retributive justice: A form of justice, which
where the child is experiencing these things for asserts that a legitimate moral response to
the first time. [See also ‘rehabilitation’] crime is proportionate punishment, irrespective
of whether this will achieve positive social
Remand: When a competent authority sends consequences.
someone who has been accused of committing
an offence back into custody to await trial or Sentence: Final decision, notwithstanding
continuation of their trial. any right of appeal, by a competent authority
about a child’s case ruling that the child shall
Residential programme: Programme in which be subject to certain measures. [See also
children live on-site in programme housing. ‘disposition’]
Residential programmes do not have the
security fences and security hardware typically Social inquiry report: This is an assessment
associated with correctional or detention of an accused person’s current and past social
facilities. A residential programme, for example, circumstances and their need and motivation
could be located in a converted apartment for treatment or other alternative forms of non-
building or a single-family home. If a child is not custodial care (e.g. community work order,
free to leave at will, then this is considered to be probation). It also reviews the appropriateness
deprivation of liberty. of the various measures recognized by the
legal system. A social enquiry report is often
Restorative justice: The UN Basic Principles on the a pre-requisite to enable juvenile / children’s
use of restorative justice programmes in criminal court judges to use their discretion in disposing
matters define it as an approach in which the of children’s cases in the most appropriate
victim/survivor and offender, and in some cases way. However, it is often overburdened and
other persons affected by a crime, “participate under-resourced social service departments or
actively together in the resolution of matters probation office staff who are responsible for
arising from the crime, generally with the help compiling these reports and in many countries
of a facilitator.” However, a broader definition they are not completed in practice. [See also
can sometimes be more helpful, for example: ‘individual rehabilitation plan’]
restorative justice is a way of responding to
criminal behaviour which emphasises repairing Status offence: An act or behaviour that is only
the harm caused by the crime and ‘restoring’ considered criminal if the person committing it

75 CHILD PROTECTION MODULE

is, or is believed to be, under the age of eighteen
(i.e. it is an ‘offence’ due to their ‘status’ as a
child). Typical status offences include truancy,
running away from home, being out after dark
or being ‘beyond parental control’. Children
living on the streets are particularly vulnerable
to being apprehended by police on the grounds
of status offences. International guidelines call
for status offences to be decriminalised. xxvii

Torture: “any act by which severe pain or

suffering, whether physical or mental, is
intentionally inflicted on a person for such
purposes as obtaining from him or a third person
information or a confession, punishing him for
an act he or a third person has committed or is
suspected of having committed, or intimidating
or coercing him or a third person, or for any
reason based on discrimination of any kind,
when such pain or suffering is inflicted by or
at the instigation of or with the consent or
acquiescence of a public official or other person
acting in an official capacity. It does not include
pain or suffering arising only from, inherent in or
incidental to lawful sanctions.” xxviii

Youth/Young person: The United Nations, for

statistical purposes, defines ‘youth’, as those
persons between the ages of 15 and 24 years. This
definition was made during preparations for the
International Youth Year (1985), and endorsed
by the General Assembly (see A/36/215 and
resolution 36/28, 1981).

CHILD PROTECTION MODULE 76

 FORMS

Police Station Caution and Release Form

Police Station ______________________ District ______________________________________

Name of Police Officer: ____________________________________________________________

Particulars of the child

Name of the child: _______________________________________________________________
Age/D.O.B: _____________________________________________________________________
Home address: __________________________________________________________________
Residential address: ______________________________________________________________
Offence: _______________________________________________________________________
CR no.: ________________________________________________________________________

This is to confirm that the bearer _________________________________________ has been

cautioned and released by the above said police officer under the following conditions (if any):
______________________________________________________________________________

Name of Witness: ________________________________________________________________

Witness can be one of the following (please check one):
Parent/guardian
Probation Officer
Member of Community Policing Structure (specify here ________________________________
Traditional Leader
Any other responsible adult

Police Officer signature: ___________________________________________________________

Witness Signature: _______________________________________________________________
Date: __________________________________________________________________________

Remarks:
Aliases________________________________________________________________________

Is this the first arrest? Yes No

If yes, please state previous arrest and offence:

______________________________________________________________________________

Official Stamp

77 CHILD PROTECTION MODULE

 FORM 15

DOMESTIC VIOLENCE POLICE REPORT

under s. 34

In the ............................................................................... Court at .......................................................

STATION ......................................... DIVISION .....................................................................................
Reference No .........................................................................................................................................
Complaint made by: Surname First Name
Address ....................................................................................................................................................
Relationship to Victim or Alleged Offender ...............................................................................
Telephone No.: .......................................................................................................................................
Mode of Report ......................................................................................................................................
(Telephone, Personal, Referred (by whom), etc.)

Date ..................................................... Time ............................. Diary Reference ...................................

Recorded by: (Number/Rank/Name) ..............................................................................................................
Name of Victim: Surname First Name
Religion ......................................................................................................................................................................
Address.......................................................................................................................................................................
Telephone No.: .................................................... Marital Status ...................................................................
Relationship to Offender ....................................................................................................................................
Sex ............................... Age .....................................................Occupation......................................................
Address of Employment .....................................................................................................................................
Name of Alleged Offender: Surname First Name
Religion ...................................................................................................................................................................
Address ....................................................................................................................................................................
Sex ........................... Age .......................... Marital Status ................................................................................
Telephone No.: .................................................................
Occupation ..........................................................................
Address of Employment .........................................................................................................
Name of Witness ........................................................................................................................
Address ..........................................................................................................................................
Relationship to Victim/Alleged Offender .........................................................................

CHILD PROTECTION MODULE 78

 i
Indicators for Children’s Rights, Zimbabwe Country Case Study,
Inviolate Chinyangara, Israel Chokuwenga, Roselyn G. Dete, Linda Dube, Joshua Kembo, Precious
Moyo and Ratidzai Sharon Nkomo, [Link]
indicators/Zimbabwe/ind_zim_ch1.html, accessed 5 October 2011

Adapting a Systems Approach to child Protection: Key Concepts and Considerations. Fred Wulczyn,
ii

Deborah Daro, john Fluke, Sara Feldman, Christin Glodek, Kate Lifanda,Working Paper, January
2010, p22

iii
Article 1 of the UN Declaration on the Elimination of Violence against Women (DEVW)

Malawian victims of sex and labor trafficking have been identified in South Africa, Zambia,
iv

Mozambique, Tanzania, and parts of Europe (destination countries). To a lesser extent, Malawi is a
transit point for foreign victims and a destination country for men, women, and children from Zambia,
Mozambique, Tanzania, and Zimbabwe. Within the country, children are subjected to domestic
servitude and other forms of forced labor, including in cattle herding, agricultural labor, and menial
work in small businesses. At local bars and rest houses, owners coerce girls and women, who work
at the establishments, to have sex with customers in exchange for room and board. Forced labor is
often found on tobacco plantations. USDOS - US Department of State: Trafficking in Persons Report
2011, 27 June 2011 (available at [Link]) [Link]
(accessed 01 November 2011)

Some of the causes associated with various disabilities are the following:
v

Attention Deficit/Hyperactivity Disorder (AD/HD): This is a condition that makes it hard for a person
to control his/her behaviour, sit still and pay attention. Causes of these behaviours have been
associated with lack of enough chemicals (neurotransmitters) in their brain, which help the brain to
control behaviour .

Cerebral Palsy (CP): This condition is caused by injury to the parts of the brain that control ability to
use muscles and bodies (Cerebral means having to do with the brain and palsy means weakness
or problems with using the muscles). The injury could happen before birth, during delivery or soon
after birth. CP can be mild (a child is clumsy), moderate (child walks with a limp), or severe (affecting
all parts of a child’s physical abilities), usually the greater the injury to the brain, the more severe the
CP. Children with CP may also have learning problems, problems with hearing or seeing or mental
retardation.

Hearing Loss: This is impairment in hearing that adversely affects the child’s ability to process
linguistic information through hearing. It prevents a child from receiving sound in all or most of its
forms. There are various reasons why a child may lose his or her hearing. For example, the child
was born deaf, thus it was genetic or the child loss his or her hearing as a consequence of a disease
such as meningitis.

Down Syndrome: This is a condition caused by a chromosomal abnormality, whereby for some
reason, the cell development results to 47 instead of the usual 46 chromosomes, and the extra
chromosome changes the orderly development of the body and brain. Children with Down
syndrome have specific health-related problems including a lowered resistance to infection which
makes them more prone to respiratory problems, visual problems such as crossed eyes and far or
near sightedness and high heart defects, most of which are now successfully correctable.

Mental Retardation: This involves limitations in mental functioning and in skills such as
communicating, taking care of oneself and social skills, resulting in a child learning and developing
more slowly than a normal child. Children with mental retardation may take longer to learn to speak,
walk, and take care of their personal needs such as dressing or eating.

79 CHILD PROTECTION MODULE

 Speech and Language Impairments: This refers to problems in communication and related areas
such as oral motor function including producing speech sounds or problems with voice quality.
These delays and disorders range from simple sound substitutions to the inability to understand or
use language or use the oral-motor mechanism for functional speech and feeding. Although the
causes are really not known, some of the causes associated are hearing loss, neurological disorders,
brain injury, mental retardation, drug abuse, physical impairments such as cleft lip or palate, and
vocal abuse or misuse.

Visual impairments: Visual impairment is the outcome of a functional loss of vision, rather than
the eye disorder itself. However, some eye disorders can lead to visual impairments such as retinal
degeneration, albinism, cataracts, glaucoma, muscular problems that result in visual disturbances,
corne/al disorders, diabetic retinopathy, congenital disorders, and infection.

Learning Disabilities: This causes trouble in learning and using certain skills such as reading, writing,
listening, speaking and reasoning and they vary in different children

vi
Child Care, Protection and Justice Act, 2010 (the Act), (94) (1)(a)
vii
The Act (94) (1)(b)
viii
The Act (94) (1)(c)
ix
The Act (93)
x
The Act (126)
xi
The Act (93)(3)(c)
xii
The Act (95)

Many of the entries here have been adapted, updated and expanded from the UNICEF and Penal
xiii

Reform International 2006 Juvenile Justice Training Manual and the 2006 UNODC/UNICEF Manual
for the Measurement of Juvenile Justice Indicators.

In some countries, the term “arrest” is actually used to refer to pre-trial detention and sometimes
xiv

also to a specific form of custodial sentence.

The child under the age of criminal responsibility is in conflict with the law as the offence/crime
xv

must still be investigated and the child interviewed to establish that they are responsible. As they
are below the age of criminal responsibility, criminal proceedings cannot be brought, but as a result
of offending a welfare intervention may be required.

‘Alleged’ is when the child is under investigation, before being charged; ‘accused’ is when the
xvi

child has been charged but not yet tried; ‘recognised’ is when the child has been tried and found
guilty.

Critical Mass in Juvenile Justice: Guidance Note on Juvenile Justice Programming in the CEE-CIS
xvii

Region, UNICEF Regional Office for CEE/CIS, July 2009, Annex 1.

In some regions (e.g. the Caribbean) ‘juvenile justice’ and ‘child justice’ are used interchangeably
xviii

to refer to children in conflict with the law but ‘justice for children’ is used to refer to all children in
contact with the law, including victims/survivors and witnesses. Other countries and regions are
against replacing ‘juvenile justice’ with ‘child justice’ on the grounds that this is too confusing with
the broader ‘justice for children’ concept.

xix
“In keeping with the outcome document of the UN consultation at Stamford (the UN Common
Understanding), a human rights based approach to programming means for UNICEF that:
• The aim of all Country Programmes of Cooperation, including in humanitarian situations, is to
further the realisation of the rights of all children and women;

CHILD PROTECTION MODULE 80

• Human rights and child rights principles guide programming in all sectors at all phases of the
programme process; and
• Programmes of Cooperation focus on developing the capacities of duty-bearers, at all levels, to
meet their obligations to respect, protect and fulfil rights; as well as on developing the capacities
of rights-holders to claim their rights.” [UNICEF Programme Policy And Procedure Manual, Revised
February 2007, pp. 5-6]

In the field of restorative justice, the terms ‘conference’ and ‘dialogue’ are increasingly preferred to
xx

the term ‘mediation’, which assumes that parties on all sides are on the same ‘moral playing field’ and
share equal blame for a situation – an assumption which can be inappropriate from the standpoint
of victims/survivors. Source: The Little Book of Restorative Justice, Howard Zehr and Ali Gohar, 2003,
p.7.

Adapted from the definition of ‘adult criminal justice system’ in the UNODC/UNICEF Manual on the
xxi

Measurement of Juvenile Justice Indicators, Appendix 1, pp.53-55.

xxiv
UN Rules on the Treatment of Juveniles Deprived of their Liberty (Havana Rules) Art. 11(b).

(UN) Body of Principles for the Protection of All Persons under Any Form of Detention or
xxiii

Imprisonment (1988).

xxiv
The Little Book of Restorative Justice, Howard Zehr and Ali Gohar, 2003, p.7.

“If the child is too young to be prosecuted […], criminal law principles do not apply. The extent to
xxv

which procedures for younger children involved in criminal activity should comply with article 40
of the CRC is not entirely clear. It is clear, however, that some other provisions of the CRC must be
respected, especially the principles that no child shall be deprived of liberty arbitrarily or illegally,
and that any deprivation of liberty must be the last resort and for the shortest appropriate period of
time. (Art.37 (b)) This means that no underage child may be confined in a residential facility in order
to prevent further involvement in criminal activity unless it is clear that other forms of assistance to
the child and his or her family would not serve this purpose. In addition, any child who is deprived
of liberty for this reason must be treated humanely, and has the right to challenge the legality of the
deprivation of liberty in a court. (Art.37(d)).” Terminology used in Juvenile Justice System Reform
Assessment, Dan O’Donnell, consultant, UNICEF Regional Office for CEE/CIS, Child Protection,
February 2008.

Terminology used in Juvenile Justice System Reform Assessment, Dan O’Donnell, consultant,
xxvi

UNICEF Regional Office for CEE/CIS, Child Protection, February 2008.

Riyadh Guidelines, Guideline 56 (GA Res 45/112 of 14th December 1990): “In order to prevent
xxvii

further stigmatization, victimization and criminalization of young persons, legislation should be

enacted to ensure that any conduct not considered an offence or not penalized if committed by an
adult is not considered an offence and not penalized if committed by a young person.”

UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
xxviii

Article 1.

81 CHILD PROTECTION MODULE