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The criminal law and child neglect: - Action for Children

The criminal law and child neglect: - Action for Children

The criminal law and child neglect: - Action for Children

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Fit with recent <strong>and</strong> <strong>for</strong>thcoming developmentsNew domestic violenceguidanceIn September 2012, the Governmentannounced that the definition of domesticviolence would be widened, with newguidance to recognise <strong>for</strong>ms of emotionalabuse in domestic violence cases, as well asextending the current <strong>law</strong> to include youngpeople aged 16 <strong>and</strong> 17.<strong>The</strong> new definition recognises that patternsof behaviour <strong>and</strong> separate instances ofcontrol can add up to abuse – includinginstances of intimidation, isolation, deprivingvictims of their financial independence ormaterial possessions <strong>and</strong> regulating theireveryday behaviour. 35<strong>The</strong> UN Convention on theRights of the Child (UNCRC)<strong>The</strong> UK Government is due to report backon progress towards meeting its obligationsunder the UNCRC in January 2014. In 2008the UN Committee on the Rights of theChild identified a range of issues in the UK,including the ‘alarming’ high prevalence ofviolence, abuse <strong>and</strong> <strong>neglect</strong> of <strong>child</strong>ren,including in the home, <strong>and</strong> the lack of acomprehensive nationwide strategy to tacklethese problems. 36<strong>The</strong> new provision would bring the UK into agreater degree of compliance with article19of the UNCRC <strong>and</strong> articles 7(10) <strong>and</strong> 17 ofthe European Social Charter.<strong>The</strong> prospect of the new guidance is to bestrongly welcomed, but further exposes thefailure of the <strong>Children</strong> <strong>and</strong> Young PersonsAct 1933 to protect <strong>child</strong>ren under 16 fromnon-physical harm. Older young people<strong>and</strong> adults will now be protected from suchemotional abuse whereas <strong>child</strong>ren under 16still are not.35Women’s Aid, Government changes the definition of domestic violence to include coercive control <strong>and</strong> recognise 16/17year olds, http://www.womensaid.org.uk/domestic-violence-press-in<strong>for</strong>mation.asp?itemid=2914&itemTitle=Government+changes+the+definition+of+domestic+violence+to+include+coercive+control+<strong>and</strong>+recognise+16%2F17+year+olds&section=0001000100150001&sectionTitle=Press+releases. Accessed 5 February 2013.36UN Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 ofthe Convention: Committee on the Rights of the Child: concluding observations: United Kingdom of Great Britain <strong>and</strong>Northern Irel<strong>and</strong>, (UNCRC, 2008).16.

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