Current issues of domestic violence against children. Child abuse in the family can be understood as a situation in which a child is abused, beaten, and affected both mentally and physically by family members. So about the issue “What is the current status of child abuse in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Children 2016
What is child abuse?
The family relationship between husband and wife, parents and children, brothers and sisters is a sacred and warm emotional relationship. Family is a nest, a place to satisfy the emotional and material needs of the family members, protecting them from the stresses of life. But now, along with the development of the market economy, people’s living standards are constantly being improved, followed by an increase in “domestic violence”. At present, domestic violence is not only targeted at women, but the target of domestic violence also includes children “the future masters of the country”. Children who live in the context of domestic violence and are affected by domestic violence will not be able to develop harmoniously, physically and personality.
According to the World Health Organization (WHO), child abuse is defined as all ill-treatment of children, both physically and mentally, such as beatings, etc, that result in existing or potential dangers to children’s health, dignity and development.
In Vietnam, Clause 6, Article 4 of the Law on Children 2016 has a similar explanation of child violence as an act of abuse or beating; infringing upon the body and health; insulting honor and dignity; isolation, exclusion and other intentional acts that cause physical and mental harm to children.
Based on the above grounds, it can be understood that violence against children is acts that cause both physical and mental harm to children. In there:
• Physical violence is the use of physical force for the purpose of causing injury or harm to the health of others.
Example: Beating, tying or otherwise causing bodily harm.
• Mental violence is also known as emotional violence, psychological violence. Behaviors of mental violence include: scolding, humiliating with crude, heavy words; Constantly putting psychological pressure on…
These behaviors, although not directly affecting physical health, can seriously affect children’s mental and psychological development.
What is the current status of child abuse in Vietnam?
In recent years, domestic violence against children has increased in both quantity and level. This is no longer a family problem, but a social problem. Young children, both physically and mentally, need care, love and protection, but this is not the case.
According to statistics of the Ministry of Labor, War Invalids and Social Affairs, up to now, the country has more than 25 million children, accounting for 29% of the total population, of which more than 1.4 million children are in special circumstances. 1.2 million children have disabilities… However, it is worrying that the situation of child abuse, violence and exploitation is still complicated and becoming a pressing issue for society. 2009 was 3000 cases by 2011 has increased to 7000 cases. That is the number of cases that have been discovered and handled, but the actual number may be much higher.
There are several types of child abuse:
– Physical abuse: Violent acts such as hitting, punching, slapping… have a direct impact on the victim’s health. This type of behavior often occurs when there are disparities in physical strength such as between husband and wife, parents and children or children and elderly parents.
– Sexual abuse: Forcing sex when your partner doesn’t want to. Acts of incest between father and daughter or mother and son, between brothers and sisters… also fall into this category.
– Mental abuse: scolding, scolding, silent for a long time…
Causes of child abuse
There are many causes of child abuse:
Due to the lack of understanding about the law in general and the law on children’s rights in particular, it has not been paid attention to, fought for by all levels and sectors and propagated to raise understanding for parents about children’s rights. From the failure of a family to function normally to a lack of communication, a spouse’s provocation or a person’s psychological suppression or because of stimulants such as alcohol, drugs, or from lack of a spiritual life, to economic difficulties, etc. all lead to child abuse.
The results of studies of abuse have shown that people who engage in violent behavior often want to dominate others. A person who commits violence can not only use physical superiority, but can also use superior mental, psychological, knowledge, authority, communication, and immediate abilities in terms of skin color, or voice…etc.
The abuse, violence and exploitation of children have not been proactively detected by the community early and reported to the authorities for handling and timely intervention because they do not want to have “trouble” related to them.
Awareness of the multi-faceted harms and long-term and serious consequences of sexual abuse and violence against children has not been properly warned, most children are abused, abused and abused. Exploited children have feelings of guilt, low self-esteem or hatred towards society, and later in life, many of them behave similarly towards others.
Meanwhile, the family and community’s role in child protection, care and education has not been appreciated, and the knowledge and skills to protect, care for and educate children of parents and caregivers have not been respected. Inadequate capacity of the family and the community to protect children and themselves leads to the limited capacity of the family and the community to protect children, and children easily become victims of acts of violence, sexual abuse and are easily manipulated. on the road to crime.
The situation of many families with difficult economic circumstances; parents divorce, separation; parents suffering from social evils, breaking the law… are also the cause of children being violent.
The awareness of child protection is still limited, reflected in the lack of understanding of the law and violations of children’s rights, leading to sexual abuse and child abuse by family members. (about 50% of the total number of violations) and other members of society commit crimes against children that are serious enough to warrant criminal prosecution.
The law is not strong enough, not enough to deter people who commit violent acts, as Article 110 of the Vietnam Penal Code stipulates: ″…Those who cruelly treat dependent children will be punished, warning, non-custodial reform from 1 year to 3 years…″. Such a sentence is too light.
The law on child protection has many gaps, there are no specific provisions on protection of children as victims and witnesses; There are no special regulations in the case of receiving denunciations from children.
The social environment also has many potential risks leading to violence against children such as: parents being caught up in social evils, drug addiction, gambling, drinking; Parents conflict or divorce, selfish lifestyle, lack of responsibility for children.
Gender inequality is also the root cause of the abortion of unborn babies when they are known to be girls, the abandonment of female infants, and violence against girls.
An abused child will live in constant fear and pain. Physical wounds can be healed, but emotional wounds will last a lifetime. If we know a child is being abused, or if we suspect that someone is taking advantage of a child in our care, we must seek help immediately. Otherwise, as the child grows up, it is more likely to become a violent person, or they may become victims of the use of violence.
Solutions to eliminate and reduce child abuse
The more society develops, the more its negative side happens. But the awareness of society will also be higher, so it is necessary to realize more clearly the importance of children – the future of the country and must develop and implement measures to gradually reduce violence against children
– Raising awareness of the society, strengthening the responsibility and capacity of the family, school and community:
In proactively and effectively preventing acts of violence and abuse against children. Carry out communication, education and dissemination activities of knowledge, law and skills to protect, care for and educate children for parents, caregivers, teachers, community and children themselves.
– Continue to improve the legal system to protect children:
Amending and supplementing the Law on Protection, Care and Education of Children 2004, which clearly defines the rights, responsibilities and roles of state agencies, social organizations, schools, families and individuals in the protection and care of children, meeting the care and safety needs of all children; adding a separate chapter on child protection in order to increase the ability to prevent and stop the risks of child abuse and violence; supplement specific regulations and sanctions on acts of abuse and violence against children; clearly define procedures and processes for preventing, assisting and dealing with cases of child abuse and violence, responsibilities of state agencies, social organizations, schools, families and individuals to prevent acts of abuse and violence against children.
Research, develop and promulgate the Internet Law, including specific regulations on the management of websites and online games in order to absorb the great advances of information technology, promote thinking and creativity of young people, while minimizing the negative effects that this type of entertainment causes.
– Strengthen the close cooperation between school – family – society. Schools in the management of children’s education:
It is necessary to perform well the consulting work, consult the school and promote the role of the Union and Team work. The family environment has a positive impact on personality formation, so parents must be a good example for their children to follow. Local authorities must take care of children. The community is not insensitive to the risks of child abuse and violence.
– Build a safe and friendly living environment for all children:
To effectively prevent acts of violence against children; prevent children from violating the law, on the basis of effective implementation of the construction of communes and wards suitable for children according to Decision No. 37/2010/QD-TT dated April 22, 2010 of the Prime Minister promulgating Regulations on standards of communes and wards suitable for children. Promote the implementation of the campaign “Building friendly schools, active students” launched by the Ministry of Education and Training.
Continue to consolidate and perfect the organization of the state management apparatus for child protection and care from the central to grassroots levels; develop an inter-sectoral coordination mechanism which clearly defines the responsibilities of sectors and organizations in the implementation of child protection and care. Develop a team of social workers, collaborators, volunteers to reach villages, hamlets, zones, hamlets…
Strengthen the capacity and improve the quality of the child protection service system, including: (i) Child protection services in the family (child and family counseling and counseling services; , children’s social work scores …); (ii) Child protection services outside the family environment (social protection establishments, child support facilities, reformatory schools..); (iii) Emergency support services for abused and violent children.
Children are the future owners of the whole country, they need to be protected, sheltered and cared for to develop comprehensively in terms of personality and morality, have full “virtue” and “talent” to contribute future construction of the country. Therefore, the issue of violence against children has a huge impact.
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Frequently asked questions
First: Administrative sanctions
Pursuant to Clause 2 – Article 27 – Decree No. 144/2013/ND-CP, the person who commits one of the following acts will be fined from VND 5,000,000 to VND 10,000,000, specifically:
– Infringing upon the body, causing harm to the health of children.
– Forced to fast, abstain from drinking, do not give or limit personal hygiene; forced to live in a toxic, dangerous environment or other forms of ill-treatment of children.
– Causing mental harm, insulting dignity and honor, insulting, cursing, threatening, humiliating, isolating, distracting, affecting the development of children.
– Using punitive measures to drift children, causing harm to children, physical and mental pain.
Frequently threatening children with images, sounds, animals, and objects that frighten and hurt children.
In addition, the following measures may be applied:
– Forced to bear all expenses for medical examination and treatment (if any) for children for violations.
– Forcible destruction of items harmful to children’s health for violations.
– Forcible return of illegal profits obtained from committing violations.
Second: Criminal prosecution
Criminal Code 2015, based on the nature of each incident of child abuse and abuse, offenders may be punished with different crimes, for example:
– Article 134: Crime of intentionally causing injury or causing harm to the health of others.
Persons who intentionally injure or cause harm to the health of others with an injury rate of between 11% and 30% or less than 11%, but for persons under 16 years of age, shall be subject to non-custodial reform for up to 3 years. year or fine from 06 months to 03 years.
The highest penalty frame for this crime is imprisonment from 12 to 20 years or life imprisonment for one of the cases causing the death of 02 or more people; causing injury or causing harm to the health of up to 2 people with an injury rate of 61% or higher for each person; causing injury to the face of another person with a body injury rate of 61% or more.
– Article 134: Crime of intentionally causing injury or causing harm to the health of others.
“ 1. Those who intentionally injure or cause harm to the health of others with an injury rate of between 11% and 30% or less than 11% but in one of the following circumstances, shall be subject to a fine non-custodial reform for up to 03 years and imprisonment from 06 months to 03 years:
[…] c) Against people under 16 years old, women who know they are pregnant, the elderly, weak, sick or others who are defenseless;
[…] 4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 14 years:
a) Causing death;
– Article 185. Crime of mistreating or persecuting grandparents, parents, spouses, children, grandchildren or people with meritorious services to raise them:
“first. Those who treat badly or commit acts of violence infringing upon the body of grandparents, parents, spouses, children, grandchildren or persons who have contributed to their care in one of the following circumstances shall be subject to a warning: non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Regularly inflicting physical and mental pain on the victim;
b) Having been administratively sanctioned for this act but continue to commit it.
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and five years of imprisonment:
a) Against people under 16 years old, women who know they are pregnant, elderly and weak people;
b) For people with severe disabilities, particularly severe disabilities or people with serious diseases.”
– Article 140. Crime of torturing other people:
“ 1. Those who cruelly treat or humiliate their dependents, if they do not fall into the cases specified in Article 185 of this Code, shall be sentenced to non-custodial reform for up to three years or a prison term of between three months and three months. 02 years.
Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 01 and 03 years of imprisonment:
a) Against people under 16 years old, women who know they are pregnant, elderly, weak, sick or other people who are unable to defend themselves;
b) Causing mental and behavioral disorders of the victim with an injury rate of 31% or higher;
c) For 02 or more people.”
Domestic violence acts under Clause 1, Article 2 of the 2007 Law on Domestic Violence Prevention and Control include:
a) Torture, mistreat, beat or other intentional acts infringing upon health and life;
b) Insults or other intentional acts that offend the honor and dignity;
c) Isolate, drive away or apply constant psychological pressure, causing serious consequences;
d) Preventing the exercise of family rights and obligations between grandparents and grandchildren; between father, mother and child; between husband and wife; between brothers, sisters, brothers and sisters; …
As anyone, if you find a child being abused or abused, please immediately contact the National Child Protection switchboard for support.
The National Center for Child Protection is a special public service established under the Law on Children 2016, under the management of the Center for Counseling and Communication Services under the Department of Children.
If you detect or witness acts of violence, child abuse or child labor, please inform and report immediately via:
National switchboard for child protection 111
Facebook National Call Center for Child Protection: https://www.facebook.com/tongdaiquocgiabvte
Zalo Switchboard 111: https://zalo.me/124927393982150616
When calling the National Child Protection switchboard to report child abuse, specialists will directly support and perform the following tasks:
Receive notices and denunciations from agencies, organizations, educational institutions, families and individuals.
Contact with relevant or competent individuals, agencies and organizations; exploiting information on the mass media and the network environment about risks and acts of child abuse to check information, make initial announcements and denunciations.
Transfer, provide information, notify, denounce or introduce children at risk or being abused, children with special circumstances, parents, caregivers of children to agencies, organizations, competent individuals, child protection functions.
Coordinating with agencies, organizations, individuals, child protection service providers and individuals with child protection authority and function nationwide to meet the reception and exchange of child protection services. , verifying information, reporting and denouncing children who are abused or at risk of violence, exploitation or abandonment.
Support commune-level child protection workers in formulating and implementing support and intervention plans for each case of child being abused or at risk of violence, exploitation or abandonment; monitor and evaluate the development and implementation of this plan.
Store, analyze and synthesize information to provide, inform, notify and denounce at the request of competent agencies, organizations and individuals, for cases of child abuse and child protection service providers…
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