The question of children’s rights regarding child abuse and domestic violence

Globally, there is an estimation of 1 billion children between the ages of 2-17 have experienced some form of child abuse in the past year. Despite the age of social media, where violent parenting methods are commonly called out for its repercussions, the Hong Kong SWD Child Protection Registry, there’s been an upward trend of over 50% in the number of child abuse cases, an alarming reminder to address the need to eradicate abuse toward children. 

What is considered child abuse and the impacts of child abuse on children? 

Which might bring us to the question, what is considered child abuse? According to the US Department of Human and Health Services, child abuse refers to “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation”, or, “An act or failure to act which presents an imminent risk of serious harm.” A ‘child’, under this definition, means a person who is younger than age 18 or who is not an emancipated minor.

Examples of child abuse can vary, including;

• Neglect: when a parent fails to meet the emotional, physical, and social needs of their child, often ignoring them or putting other factors over their children’s interests. 

• Physical abuse: non-accidental physical harm that could lead to physical injuries. 

• Emotional abuse: Inflicting intentional emotional pain and distress through verbal rejection, embarrassments, insults, or threats. 

• Sexual abuse: Any form of sexual contact with a child. 

Child abuse, especially an occasion of violence, causes trauma in ways that would influence a child’s ability to develop and respond to situations in adulthood. Research shows that child abuse can introduce problems of hypervigilance, constant fear, social anxiety, low self esteem, and learning difficulties. This is because when a child experiences abuse by supposed loved ones, their unconscious brain adopts a pattern of fear, making it more difficult for them to adapt from different experiences as a way of protecting themselves. 

What are the legal consequences if guilty of child abuse?

An agreement by the United Nations state that all state parties “should, as appropriate, include effective procedures for the establishment of social programs 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, as appropriate, for judicial involvement”. 

In Hong Kong, the charges of child abuse may differ depending on the circumstances involved. For instance, the offence of inflicting physical abuse towards a child can be punishable on indictment of 10 years in prison. Additionally, those working in social welfare, education, or healthcare sectors are responsible for reporting suspicion of child abuse, and can face up to a minimum fine of $50,000HKD and 3 months in prison. 

The alarming prevalence of child abuse highlights a critical global issue that demands urgent attention and action, and the need for effective strategies to protect vulnerable children has never been more pressing. Understanding the various forms of abuse—neglect, physical, emotional, and sexual—is essential for recognizing the profound impact these experiences can have on a child's development and future well-being.

Legal frameworks and social programs play a pivotal role in safeguarding children's rights and providing necessary support. By fostering a culture of vigilance, support, and education, society can work towards eradicating child abuse and ensuring that every child grows up in a safe and nurturing environment. Needless to say, it is imperative for governments, communities, and individuals to unite in this fight, guaranteeing that the rights of every child are upheld and protected against all forms of violence and neglect.

^ This article was written in collaboration with the HK Student-led organisation UnitedChild, a group that advocates for underprivileged children and their rights through a legal perspective. If you are interested in learning more about UnitedChild and what they do, please contact the KGV Law Society (caglii1@kgv.hk, guptaa11@kgv.hk )

Bibliography: 

• Article 24: Rights of children. (n.d.). Constitutional and Mainland Affairs Bureau | https://www.cmab.gov.hk/doc/en/documents/policy_responsibilities/the_rights_of_the_individuals/iccpr3/Article24-e.pdf  

• (DCD), D. C. D. (2023, May 9). What is child abuse or neglect? What is the definition of child abuse and neglect? HHS.gov. https://www.hhs.gov/answers/programs-for-families-and-children/what-is-child-abuse/index.html

• Hong Kong passes law making it mandatory to report suspected child abuse. (2024, June 12). Young Post. https://www.scmp.com/yp/discover/news/hong-kong/article/3270164/hong-kong-passes-law-making-it-mandatory-report-suspected-child-abuse

• How Child Abuse Changes the Brain. (2022, April 8). Integrative Life Center. https://integrativelifecenter.com/mental-health-treatment/how-child-abuse-changes-the-brain/#:~:text=Abuse%20can%20lead%20to%20diminished,motor%20skills%20and%20language%20ability

What is Child Abuse? Quick check on current situation in Hong Kong and supporting hotlines. (n.d.). Save The Children Hong Kong. https://savethechildren.org.hk/en/local-work/protection-of-children-from-violence/