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CHILD PROTECTION PROTOCOL PAGE 1 OF 5

Thoughtshop Foundation, Youth Resource Cells 2017

CHILD RIGHTS VIOLATIONS IN YRC COMMUNITIES : GENERAL RESPONSE PROTOCOL 1

8

9

YRC MEMBER HEARS OF CHILD1 RIGHT VIOLATION

IF REQUIRED, CPU HELPS IN FIR PROCESS

CPU PROVIDES FOLLOW UP SUPPORT

E.g. child sexual abuse, physical/emotional abuse, missing child, early/child marriage, trafficking

In case of difficulty, CPU informs Child Line (1098) > Child Welfare Committee > SP/Commisioner of Police

keeps in touch with child/family to provide emotional support and updates. Ensure the child has adequate support systems Until she is no longer at risk.

2 REPORTS INCIDENT TO YRC CP-REP CP-Rep is a Teamleader / Core Team member, Representing the TF Child Protection Unit at the YRC

3 CPU2 MEETS THE CHILD / FAMILY ASAP Talks to the Child first, where possible. Builds detailed incident report + facts, identity / age documents

4 CPU DECIDES WHAT IS IN THE BEST INTEREST OF THE CHILD

7 CPU PROVIDES EMOTIONAL SUPPORT Provides emotional support to the Child and parents. If required, helps file FIR at the local police station.

10 CPU DOCUMENTS THE PROCESS compiles documents from steps 2 to 9

6 IF REQUIRED, CPU HELPS IN CHILD’S MEDICAL TREATMENT

1. CHILD : under 18 years (UNCRC)

in a Government Hospital

2. CHILD PROTECTION UNIT (CPU)

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CPU Members: From YRCs: 2 or more pre-identified senior YRC members, with at least one female over 18 years. These members are YRC point-persons for CP related issues in the YRC. From TF: Counsellor, Coordinator, Director

CPU ENGAGES MINIMUM RELEVANT STAKEHOLDERS identify, inform, seek support of Family, Peers, School, Community, Club, SHG, Accountable Officers, NGOs, Shelter Homes, Media


CHILD PROTECTION PROTOCOL PAGE 2 OF 5

Thoughtshop Foundation, Youth Resource Cells 2017

IF A CHILD REPORTS BEING SEXUALLY ABUSED 1

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COLLECT ALL THE FACTS

INFORM CWC

Follow Up

2 YRC CP-Reps listen to the child calmly in a private place. Document the case.

Ensure that child is better equipped to stay safe and has a support system

7 REPORT TO POLICE IF...

2 IDENTIFY BEST INTEREST OF THE CHILD Talk to the family. Discuss with CPU/TF

3 IS MEDICAL ATTENTION NEEDED? If yes, support child and family to visit doctor [Government Hospital?]

• no action is taken by Institution within reasonable time • it was a serious or AGGRAVATED sexual assault • the child continues to be at risk • other children may be at risk • it is not possible to shift the child to safety

6 DID IT HAPPEN IN AN INSTITUTION? [e.g. school, CBO, tuition class, club] If yes, inform the authority in who's jurisdiction the violation took place. If it happened at home, skip this step

4 PROVIDE EMOTIONAL SUPPORT Seek help from TF if necessary

5 DISCUSS POCSO WITH CHILD/ FAMILY Help the family understand the importance of POCSO rules about reporting to Police

*Under POCSO -Penetrative Sexual Assault

(penetrates penis into vagina, mouth or anus of the child or makes child do so; or uses any object to penetrate)

-Sexual Assault (touches vagina,

penis, anus or breast with sexual intent or makes child touch these; or any physical contact with sexual intent)

-Sexual Harassment (says words, sounds, gestures with sexual intent; shows pornographic material etc.) -Aggravated Sexual/Penetrative Sexual Assault (situation where abuse

is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor; sexual abuse of a child who is mentally ill )


CHILD PROTECTION PROTOCOL PAGE 3 OF 5

Thoughtshop Foundation, Youth Resource Cells 2017

IF A GIRL IS BEING FORCED TO GET MARRIED 1

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7

COLLECT ALL THE FACTS

IF REQUIRED, FOLLOW UP FIR PROCESS

FOLLOW UP

Girl's choice, age; Boy's age & intentions; Family's position. Document the case.

In case of difficulty, inform Child Line (1098) > Child Welfare Committee > SP/Commisioner of Police

Ensure that the girl is safe and has a support system

NOTES

2

5

TALK TO THE GIRL

IF REQUIRED, FILE AN FIR If family continues to forcefully go ahead against the girls wishes. Inform Police, file and FIR

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IDENTIFY BEST INTEREST OF THE CHILD

DISCUSS WITH RELEVANT STAKEHOLDERS Talk to the family, other stakeholders. Share consequences for girl and family.


CHILD PROTECTION PROTOCOL PAGE 4 OF 5

Thoughtshop Foundation, Youth Resource Cells 2017

IF A GIRL WANTS TO GET MARRIED 1

6

7

COLLECT ALL THE FACTS

INVOLVE STAKEHOLDERS

IF REQUIRED, INVOLVE POLICE

Involve stakeholders who may beable to influence girl to make a better choice

if it feels that will be in the best interest of the child or she may be at risk of being trafficked or violated.

2

5

8

TALK TO THE GIRL

TALK TO THE BOY

FOLLOW UP

Discuss consequences, explore options

Counsel the boy: Discuss consequences; explore options

Ensure that the girl is safe and has a support system

Girl's choice, age; Boy's age & intentions; Family's position. Document the case.

NOTES

3

4

IDENTIFY BEST INTEREST OF THE CHILD

DISCUSS WITH RELEVANT STAKEHOLDERS Talk to the family, other stakeholders. Discuss consequences; explore options


CHILD PROTECTION PROTOCOL PAGE 5 OF 5

Thoughtshop Foundation, Youth Resource Cells 2017

GUIDING PRINCIPLES (JJ ACT) 1.

Principle of presumption of innocence: Any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years.

2.

Principle of dignity and worth: All human beings shall be treated with equal dignity and rights.

3.

Principle of participation: Every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child’s views shall be taken into consideration with due regard to the age and maturity of the child.

4.

Principle of best interest: All decisions regarding the child shall be based on the primary consideration that they are in the best interest of the child and to help the child to develop full potential.

5.

Principle of family responsibility: The primary responsibility of care, nurture and protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be.

6.

Principle of safety: All measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter.

7.

Positive measures: All resources are to be mobilised including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children

8.

Principle of non-stigma: Accusatory words are not to be used in the processes pertaining to a child.

9.

Principle of non-waiver of rights: No waiver of any of the right of the child is permissible or valid, whether sought by the child or person acting on

behalf of the child, or a Board or a Committee and any non-exercise of a fundamental right shall not amount to waiver. 10. Principle of equality and non-discrimination: There shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability and equality of access, opportunity and treatment shall be provided to 11. Principle of right to privacy and confidentiality: Every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process. 12. Principle of institutionalization as a measure of last resort: A child shall be placed in institutional care as a step of last resort after making a reasonable inquiry. 13. Principle of repatriation and restoration: Every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this Act, unless such restoration and repatriation is not in his best interest. 14. Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances. 15. Principle of diversion: Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole. 16. Principles of natural justice: Basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this act.

GUIDING PRINCIPLES TF 1.

Only take up Cases that are within the capacity or jurisdiction of YRC

2.

Take Fast Action : Report incidents in time. Discuss doubts with TF CPU members

3.

Ideally at least one male and one female member should be a part of CPU, identified in advance.

4.

If a girl is involved, CPU must involve a female member to talk to the girl/ woman

5.

In all male groups, ensure there is a female YRC member over 18 years

6.

During investigation, ideally 2 persons should be present to talk to child. Case notes should be written.

7.

Follow Up

8.

Document Carefully

9.

CPU must keep knowledge and skills updated with Child Rights Related Laws

10. Prepare and Build Capacity of Stakeholders in advance 11. Build Linkages and Referrals [e.g. Specialist NGO, Local Thana, Shelter Home, Hospital, School] with names and contact numbers.

YRC Child Protection Protocol  

Reference for Youth Leaders in YRCs to handle Child Rights violation incidents in their communities

YRC Child Protection Protocol  

Reference for Youth Leaders in YRCs to handle Child Rights violation incidents in their communities

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