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“The Impact of Wavering a Personal Claim in Cases of Sexually Abused Children"

Speech by Anne Skatvedt, UNICEF Representative, 27 June, 2004

Your Excellency, Sheikh Izzidin Khatib Al-Tamimi, Chief of Islamic Justice
Your Excellency, Senator Ruwaida Al-Ma’aytah
Judges of the Shari’a Courts,
Ladies and Gentlemen,

Two months ago, we held a roundtable together with the judiciary and discussed the impact of wavering personal claims in cases of the sexual abuse of children. As a result of this roundtable, and based on one its recommendations, we are meeting here in the presence of judges from the Shari’a courts. 

In all that we do, it is vital that we work in partnership with all ministries and organisations in Jordan to keep the momentum for furthering the protection of children. In this respect, UNICEF is working very closely with the National Council for Family Affairs in the area of legislative review. 

Predominately, the role of Shari’a in protecting children will dominate our discussions today. We will specifically examine Islamic directives and teachings regarding the issue of wavering the personal claim by parents or guardians in cases of sexually abused children.

In the previous roundtable, we highlighted the need to discourage families and guardians from wavering their sexually abuse child’s personal claim. We agreed that by doing so that they are neither protecting their child nor themselves. By waving the personal claim, a perpetrator’s punishment is reduced to a minimum.  And the child remains unprotected!

Why the Fear?
Why do families fear using their personal right? Taking a closer look, we find that children are being exposed to adult ways of dealing with crimes in an adult, bureaucratic and time consuming system. Children are asked to speak of the traumatic experiences, and have to relive the fear every time they have to repeat the story.  Thus, there is a need to expedite all cases involving children to minimise the negative psychological damage.

Article 19 of the Convention on the Rights of the Child stipulates that “State 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.”

Even if the guardian waives the personal right of a sexually abused child, the judges from the Shari’a courts can impose the maximum penalty on the perpetrator; A Shari’a court judge, can overrule the wavering of the personal right to protect children from further abuse. This will also help guarantee that “would be” perpetrators would think twice before sexually abusing a child.

The personal right is a child’s right to protection.  In the final statement of the UN Special Session on Children in 2002, called a World Fit for Children, countries of the world, including Jordan, committed to "End impunity for crimes against children by bringing perpetrators to justice and publicizing the penalties for such crimes.” 

The Best Interests of the Child
A guardian’s decision should be based on the best interests of the child. Judges from the Shari’a courts  can play a pivotal role here to support the family.  It is opportune to build on the new advances that Jordan has achieved in the area of child interrogation, in which the judiciary are ensuring that children are interrogated in private and that their statements are videotaped. This spares the child and her or his family from the many visits to the courts, and from having to speak about violations of the most sensitive nature in a room filled with strangers.

In closing, I hope that this roundtable, the second to be held this year, will work towards amending laws and improving practices to safeguard the rights of the child and supporting families. Your work here today is one step in protecting children from abuse.

Thank you.