IFSW Manual: Social Work and the Rights of the Child
have for many years been social workers working in the criminal justice system. There is much to be learnt form sharing the reading material from both sides of the offence in terms of understanding how to help prevent or stop people committing these crimes. Further information can also be sought in the Declaration and Agenda for Action of the World Congresses against Sexual Exploitation of Children Children’s rights in focus Martha’s story falls into two parts, the first is about sexual exploitation and the second shows how institutional abuse compounds her situation: Sexual abuse Martha (11) was being held at a girls’ detention centre. The guards took Martha to a quiet location and raped her. Despite her screams, no one came to Martha’s rescue. The two prison guards gave Martha approx. US$ 0.30 and threatened that if she told anyone they would beat her. Two days later, Martha reported what happened to a doctor in the centre and a medical examination was undertaken. The case was reported to the juvenile judge. The two guards abandoned their posts and fled when they realised they were being investigated. Institutional abuse and how it may be combated The criminal complaint was made to the First Criminal Judge of Letters accusing the two guards of rape. The case was lost in the tribunal. The judge requested the support of NGOs in rebuilding the file. After more than a year of inaction, the NGO, together with a law centre presented a case before the Inter-American Commission on Human Rights. Two years later the judge absolved the two accused of rape for insufficient evidence. Because the public prosecutor did not appeal the case within the prescribed limit, it was impossible to appeal the ruling. The case was automatically passed to the First Appeals Court for the definite ruling. In a surprise ruling, the Appeals Court revoked the lower judge’s ruling and jailed each of the two prison guards for six years. Martha was sent to the juvenile ward of a psychiatric hospital where she is interned. According to medical personnel at the hospital, Martha is not a patient with sufficient mental problems to be interned in the hospital. The NGO sent a letter to the Director of the Committee of Social Welfare (Junta Nacional de Bienestar Social), requesting the Junta to assume their responsibility and provide an adequate placement for Martha. To date, there has been no response to the letter.
In the 1990s particular attention was drawn to the growth in sexual tourism. New laws have been introduced in some countries to try to target the abusers. Children’s rights in focus 1. Sexual tourism In Honduras, a man from the USA was sentenced to 10 years’ imprisonment for sexually abusing two 12-year-old street boys in the northern port town of La Ceiba in August 1996. However, an appeals court very recently cut his sentence to just six years. The man was caught in his hotel room raping the two little boys. The perpetrator, a special needs teacher of young children, kept an extensive and highly detailed diary that helped lead to his conviction. He bragged about how he had sexually exploited children – including those as young as 7-yearsold – in Mexico, the Dominican Republic, Honduras, Brazil and Costa Rica.
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