I. Introduction
It is a universally accepted fact that it is the right of every child to be free from being subjected to any harm. This is the basic premise of the concept of child protection. To date, issues pertaining to the encroachment of the rights of the child has consistently piled up as manifested in the cases stock up all over the world. Such issues like child prostitution and child labor are mere examples of the tumultuous environment on which a child could encounter. It is only appropriate that nations all over the world recognize the immediate concern regarding this phenomenon. Unless this issue of abuse and neglect has consistently been impressed on the individual child, its troubling consequences shall continue to rise as well. Some of these consequences include a significantly reduced life span of the child which is manifested in fluctuating mortality rates. Other issues like poor education, homelessness and the trickling effect of poor parenting in the future are only a few that has been pointed out in the existing literature on the protection of the rights of the child. Hong Kong is one of the states of the world that adheres to the protection of such rights. However, there may well be a problem in this regard as there certain instances that still reflect the infringement of such rights. To some extent, this may indicate a possibility that a good number of individuals have no clue as to the existence of such rights and that its actual violations are tantamount to felonies, offenses and even crimes against the law.
II. Abuse of the Child
Child abuse has accumulated numerous definitions throughout the years. Generally, it is considered as the maltreatment that comprise of every types of physical, emotional, sexual, and negligent management of the child. Essentially, the common denominator in this extent is the presence of danger and the potential harm on which the child is subjected. Normally, it is said that the adults are the ones who have directly or culpably responsible for such maltreatment. Whether or not there is intent in causing the harm is immaterial. Consummation of such acts is tantamount to abuse. The following parts shall define the common acts of child abuse recognized by the international community.
A. Physical Abuse
This is characterized as the acts committed by the parent or the guardian of the child that triggers actual injury or the possibility of injury on the child. In the study by UNICE from 1980-2005, there are current adults who have suffered from abuse when they were children. In a 2002 study of the same, there were approximately 1.2 million children that were subjected to child trafficking all over the world on a yearly basis. In countries in East and West Africa, Yemen, and some parts of Southeast Asia, female children are subjected to the abhorrent practice of female genital mutilation. The UNICEF indicated in their website that there were over a hundred and thirty million women, young and old, who have undergone the repulsive act.
B. Sexual Abuse
There is danger on the life and limb of the child with the existence of actual offenders that pinpoint young individuals as prey. The problem is that this is expounded by the inherent possibility that these types of offenders may come in the form of trusted individuals. The context of sexual abuse is characterized as any act whereas the parent, guardian, or any adult employs the child as a means of gratifying his/her sexual urges. The UNICEF conducted a survey to male and female adults and found out that majority of the respondents experienced sexual abuse as a kid. The same organization also indicated that there are over 1.39 million individuals in the entire world engaging in forced commercial sexual exploitation. If that figure is not troubling enough, it is then imperative to highlight that 40%-50% of these individuals are children.
C. Emotional Abuse
This abuse is rather abstract in nature. It refers to the failure of the parent or guardian to supply the needed emotional support and the environment on which the psychological development of the child is structured. Since it is abstract, there is a considerable difficulty in defining and measuring the actual extent as to what constitute emotional abuse. However, there have been studies that indicated that certain states in the Southeast Asian region indicate that adults constantly use the threat of abandonment as a tool for disciplining a misbehaving child. According to the UNICEF, this form of disciplinary measure is considered as the lesser evil as compared to corporal punishment or hitting the child.
D. Neglect
The concept of neglect points the failure of the guardian or the parent to give the necessary elements for the development of the child. Such elements may include education or shelter among others. It must be emphasized that the presence of neglect is not akin to poverty, though a huge possibility of this taking place. Neglect is primarily seen in the rate of child labor all over the globe. In a 2004 study of UNICEF, there were 317 million children from five years old to seven years old who are actively earning money in exchange of labor. The said figure further added that of the said statistic, over 126 million are supposedly engaged in what has been classified as hazardous work.
III. Child Protection in Hong Kong
Traditionally, child welfare in Hong is determined whether or not the child is healthy. A child is considered healthy if it is not emaciated or constantly ill. What was given importance is the well-being of the child with regards to its health. On the other hand, the skewed perception of abuse as a form of discipline is considered as a domestic problem, hence the state could not meddle with. It is only in instances when the child is in a deplorable state that the public take cognizance of the matter. Therefore, in olden times the child must have to incur mortally threatening injuries in order for the state to take action. From the early part of the 90s to the turn of the millennium, the problems regarding child abuse and the encroachment of the rights of the child have consequently increased exponentially.
Types of Abuse
2002
No. of Case (%)
Physical abuse
292 (56%)
Gross neglect
17 (3%)
Sexual abuse
179 (35%)
Psychological abuse
11 (2%)
Multiple abuse
21 (4%)
Total
520 (100%)
Table 1. Reported Child Abuse Cases by Types of Abuse in 2002
This is apparently because of the fact that there are some cultural constraints that held back the state and civic groups in addressing the issue first hand. The following discussions shall take into account the state actions in Hong Kong with reference to the child abuses described in the earlier part of this paper.
A. Role of the State
The figures provided in Hong Kong indicates that there are indeed those who are given parental authority that inflict harm on children or place them in harm’s way. Decade ago, the state has taken a rather passive approach in handling the issue of child protection. This took place despite the exponential increase in sexual abuse among children, physical abuse and neglect. These are said to take place in the household or either in the nuclear or extended family setting. On the other hand, psychological abuse and emotional abuse are hard to identify however studies have established that these malfeasances are incurred normally outside the household setting. This could be manifested highly in educational facilities. Up until now, the role of the state is virtually inexistent as it limits itself in debates and rhetoric regarding the issue. Instead of acting on the said social problem, the cultural ascendancy of the privacy of family affairs prevailed. This existing social structure changed when the state realized that the situation is really getting out of hand. Though the manifested actions of the government to deal with the situation still lacks the necessary teeth to address the issue of child protection, it still reflects action on the part of the state regardless on its piecemeal characteristics.
B. Existing Legislation for Child Protection
The legislation with regards to the protection of children’s rights doesn’t a strong concrete foundation as compared to the other top economies of the world. Concomitantly, the existing technologies and systems to support a veritable child protection programme. This is attributable to a considerable number of reasons. One of these includes the possibility that the legislature of Hong Kong were all too occupied with ratifying laws that would cater to its economic standing or are too busy bickering with their political differences.
However, the state did not entirely look away from the protection of children’s rights in their territory. A stated in the earlier parts of the paper, the development is incremental. For instance, the Hong Kong government put an end to the whipping of delinquents under their custody. After a long standing norm in the penal system of the administrative region, flogging is abolished only several years ago. It is also established in the earlier parts that the abuse of the child is not limited to the home. Abuse is also inflicted by those given special parental authority. In 1991, the Hong Kong government recognised this reality and infused in the Educational Ordinance the prohibition of inflicting corporal punishment in schools. It took away the rights of the educators and administrators to inflict bodily harm on their students as a form of punishment or discipline.
The laws of Hong Kong also showed some level of development, particularly with its existing laws protection juveniles. For instance, the ordinance entitled Protection of Child & Juveniles Ordinance was repealed by the Protection of Child & Juveniles Ordinance. The major element of the repeal is the addition of state intervention initiatives that attempt to amplify the protection of the rights of children. It is in this piece of legislation that physical and psychological welfare of the child are taken into consideration. This is compounded by the Child Care Services Ordinance which seeks to establish a stable and reputable system that connects childcare groups who also assists in addressing the need of abandoned or neglected children. They are also consulted by the government in recognising the suitable individuals who could be given parental control over these children.
C. Civic Society’s Share
Other than the existing policies and statutes in Hong Kong, the protection of the rights o the child is consequently acquired by other sectors. For instance, the Social Welfare Department of Hong Kong instituted the Child Protective Services Unit which was one of the first establishments in the administrative region to offer refuge for abused children. On the other hand, the police department has also taken steps to ensure the protection of the rights of the child. This is seen in their creation of the Child Abuse Policy Unit and Child Abuse Investigation Unit in the middle part of the 90s.
In the context of non-government organisations, they were the ones who took the time to inform the state of the issues that the children of Hong Kong are experiencing. It is also these civic groups that established the necessary public consciousness on the universally recognised rights of the child. Normally, these organisations are the 1st choice of the public in asking assistance in the instance that abuse is manifested. To some extent, the rule of law appears to be feared as being too strict and highly punitive so as the public shies away to find alternative areas for assistance.
IV.Conclusion
The issue of child abuse is apparently a real social problem. Universally, it has been regarded as an illness of society. The discussions above have effectively presented the types of abuse present in a modern society and how the special administrative region of Hong Kong is taking the social problem at hand. Among the god points presented above is the actual recognition of the government of Hong Kong of the existence of this social problem. Thanks to the civic society, their drive on information and constant lobbying for better child protection rights served as an impetus to create the existing regime on child protection.
The case of Hong Kong presents an archetypal manifestation of a state dealing with the universal problem of child abuse. It shows that mere recognition alone that there is in fact a problem with reference to child abuse is not sufficient to address it. As seen in the discussions above, dwelling on such a stage will only establish endless rhetoric devoid of actual drive to change. Addressing the problem of child abuse through child protection requires the concerted efforts of all the elements of society. Recognition of the problem is essential, but it doesn’t actually find solution on the problem. The protection of children’s rights as well as the prevention of child abuse requires civic society, the state, the educational institutions, and the community as a whole to effectively establish a firm regime and an incorruptible series of programmes.
V. Recommendations
The following recommendations are based on the observations, arguments and conclusion provided in the earlier parts of this paper:
Improve the process of assessment and monitoring
The primary player in this context is the government of the Hong Kong Special Administrative Region. In this context, they have to be constituent and vigilant to deal with their assessment and monitoring schemes. They may accomplish this by acquiring a verifiable set of case reports from their departments and ministries. They can also seek the help of academic institutions as well as health institutions in determining the actual state of the young generation in Hong Kong.
Establish an improved response system
As stated above, Hong Kong has an established response system in their police department and in the health department. However, there appears to be lack of conscientiousness on the community level. Mandatory reporting should be established as doing so would only be complementary to public policy, good customs and morals of the administrative region.
Review the government policies for improvement
It is the task of the government to provide for the basic needs of the people. In line with the discussions pertaining to the protection of children’s rights, it is only necessary for the state to ensure that those directly involved in the departments as well as the agencies that deal directly with the actual protection of rights and prevention of abuse acquire the necessary training. It is also the task of the state to place a respectable funding for the care of children who have found to have gone abuse from their parents or guardians. Moreover, the justice system must make sure that in cases where they have such instances of child abuse, the law should be strictly construed against the accused and liberally in favour of the children.
Find ways to maintain a verifiable set of data
To effectively measure the success rate of the government initiatives in protecting the rights of the child, proper data should be acquire. This shall establish the actual status of society. The local government units may be charged to establish this data acquisition and recording tally.
VI.Bibliography
Browne, D. (2002) “Coping Alone: Examining the Prospects of Adolescent Victims of Child Abuse Placed in Foster Care.” Journal of Youth and Adolescence. 31(1), 57.
Lai, Y. (2006) “A Preliminary Study of Teachers’ Perceptions of Sex Education in Hong Kong Preschools.” Australian Journal of Early Childhood. 31(3), 1.
Mceachern, A., Aluede, O., Kenny, M. (2008) “Emotional Abuse in the Classroom: Implications and Interventions for Counsellors.” Journal of Counseling and Development. 86(1) 3.
Social Welfare Department. (2002) Newly Reported Child Abuse Cases by Types of Abuse in 2002. Available in: http://www.swd.gov.hk/vs/stat.html [Accessed 05 December 2008]
Stewart, J. (1997) “If This Is the Global Community, We Must Be on the Bad Side of Town: International Policing of Child Pornography on the Internet.” Houston Journal of International Law. 20(1), 205.
Tang, C., Cheung, F. (1997) “Effects of Gender and Profession Type on Definitions of Violence against Women in Hong Kong.” Sex Roles: A Journal of Research. 36(11-12) 837.
Unicef. (2007) Child protection from violence, exploitation and abuse. Available at: http://www.unicef.org/media/media_35903.html [Accessed 05 December 2008]
Yip, K. (2004) “The Empowerment Model: A Critical Reflection of Empowerment in Chinese Culture.” Social Work. 49(3), 479.
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