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Improving referral Mechanisms and Case Management Joan van Niekerk Childline South Africa

A child rights approach to child protection Child protection systems are provided for in the Convention

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Page 1: A child rights approach to child protection Child protection systems are provided for in the Convention

Improving referral Mechanisms and Case Management

Joan van NiekerkChildline South Africa

Page 2: A child rights approach to child protection Child protection systems are provided for in the Convention

A child rights approach to child protection

• Article 19 of the UN Convention on the Rights of the child states:

States Parties shall take all 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 treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

Page 3: A child rights approach to child protection Child protection systems are provided for in the Convention

Child protection systems are provided for in the Convention

• Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Page 4: A child rights approach to child protection Child protection systems are provided for in the Convention

What does this mean in practice?

• Firstly this article is embedded in the context of a much broader child rights policy that focuses on the child from a holistic perspective and therefore should be understood in the context of all other rights.

• So it follows that Child Protection systems will embody and protect all the children’s rights provisions in the Convention

Page 5: A child rights approach to child protection Child protection systems are provided for in the Convention

What does this mean in practice?

• Because of the complexity of this article of the Convention, a general comment was developed in order to “unpack” what this article means in practice. This is called GC13 on Article 19.

• This provides guidance to governments and NGO’s working in the child protection field as to how to both interpret and apply this article in the Convention.

• It was accepted by the UN Committee on the Rights of the Child in March 2011

Page 6: A child rights approach to child protection Child protection systems are provided for in the Convention

What does this mean in practice?

• No exceptions – all forms of violence against children must be dealt with

• Child protection systems must be inclusive of all measures:

- Legislative- Administrative- Social - Educational

Page 7: A child rights approach to child protection Child protection systems are provided for in the Convention

Child protection systems should therefore provide for

• Prevention• Identification• Reporting• Referral• Investigation• Treatment• Follow up• Judicial involvement (with differentiated responses

according to the needs of the child and family)

Page 8: A child rights approach to child protection Child protection systems are provided for in the Convention

Childlines and child protection systems

• Childlines/helplines for children are an essential and integral PART of child protection systems.

• But not the whole!• Childlines are for many children the first link in a

chain of needed child protection services• Once a child telephones a helpline, the expectation is

that something – eg a service will follow.• If it does not – the Childline is seen to have failed –

not the service provider who fails to respond to a referral.

Page 9: A child rights approach to child protection Child protection systems are provided for in the Convention

Referrals therefore need

• A mechanism to track the child’s progress through the system – either manual or electronic.

Page 10: A child rights approach to child protection Child protection systems are provided for in the Convention

Childline South Africa

• Built into the data collection system is a referral mechanism:

- A form that is completed and that can be electronically sent to the next link in the chain which could be a social worker in a child protection agency or the police or another service provider depending on the child’s needs and the legal mandate to report child abuse.

- A feedback page that the service provider can complete once contact has been made with the child.

- This information is then fed into the system – and only when this is done is the “file” closed.

Page 11: A child rights approach to child protection Child protection systems are provided for in the Convention

Does it work?

• Not always• Research indicates that only 6 to22% of referrals are

followed up by the Department of Social Development• So referrals usually have to be re-referred – and re-

referred until a response is received that indicates contact has been made with the child.

• Our Childline call centres also use a reminder system to ensure that follow ups and regular reminders for feedback are sent to the service provider.

Page 12: A child rights approach to child protection Child protection systems are provided for in the Convention

Other mechanisms of follow up

• Children are encouraged to telephone us and let us know how their situation has been dealt with.

• Childline counsellors follow up with children that they remain concerned about.

• There have been occasions when a service provider says they have provided the service but the child says they have not – this obviously needs further up.

Page 13: A child rights approach to child protection Child protection systems are provided for in the Convention

Is this enough?

• NO!• Where child protection systems are not functioning

properly – in a comprehensive and coordinated manner, Childlines need to advocate for protocols and processes to ensure that children do not fall into the gaps.

• Data is vital here.• Advocacy and lobbying with government and other

service providers is an essential activity to ensure that every child, who contacts a helpline, receives the necessary services.