[child-rights] CRC 34th Session: Concern regarding violence against girls and the juvenile justice system in Bangladesh

The World Organisation Against Torture (OMCT) expresses its concern
regarding violence against girls and the juvenile justice system in
Bangladesh at the 34th session of the Committee on the Rights of the
Child

Geneva, 30 September 2003

The UN Committee on the Rights of the Child will today begin its
examination of the implementation of the Convention on the Rights of
the Child in Bangladesh. In its alternative country report entitled
"Violence against Girls in Bangladesh," which has been submitted to
the Committee on the Rights of the Child, the World Organisation
Against Torture (OMCT) expresses its grave concern at reports of
violence against girls at the hands of both private individuals and
state officials. OMCT also submitted an alternative report on
juvenile justice to the Committee on the Rights of the Child.

Early marriage is common in Bangladesh, with half of women being
married before they are 18 although legally a girl cannot be married
before this age. This practice makes girls particularly vulnerable to
domestic violence, which is reportedly widespread. Girls are also
especially vulnerable to dowry related violence in Bangladesh.
Despite a law prohibiting the payment of dowry, this practice
continues and the consequences are severe. First, failure to meet the
dowry demands often results in verbal and physical abuse of the wife.
Physical abuse includes beating, burning with cigarettes, withholding
food, sleep deprivation and denial of medical treatment.

Acid throwing is another alarming manifestation of violence against
girls and women in Bangladesh. The reasons for the acid throwing
attacks include the refusal of an offer of affair or marriage,
illegal physical relations, dowry disputes, domestic fights and
arguments over property. In 2002, 362 people were burnt through acid
violence, among that number, 138 were girls and 188 were women, and
with respect to these incidents, only 172 cases were filed.

Girls in Bangladesh are also reportedly victims of rape in large
numbers, including by supporters of the BNP, the government in power.
There are exceedingly difficult obstacles to overcome in reporting a
case of rape, including the requirement of an eyewitness to the
crime. Politically motivated rapes of ethnic minority girls and women
often go unpunished and there is a lack of access to redress and
reparation.

In relation with the juvenile justice system, OMCT vividly
disapproves of the setting of a child's criminal responsibility at 7
years. In addition, Bangladeshi legislation provides police with
extensive powers of arrest, which have led to regular abuses. Grounds
of arrest include "vagrancy", "uncontrollable behaviour" and being
"victim of crime." The latter particularly affects girls who suffer
secondary victimisation by the justice system.

Juvenile courts have the power to commit a child to a certified
institution for up to ten years, a maximum which is unduly high.
Also, some children have reportedly been detained for up to five
years while awaiting trial on charges that only carry a punishment of
2-3 years. Deprivation of liberty for children should be measures of
last resort and for the shortest time possible, and the government
should develop adequate diversion programmes and alternatives to
imprisonment for juvenile offenders.

Additionally, conditions in correction centres and in jails do not
conform with international instruments, with nutrition, educational
opportunities, and sanitary conditions far below minimal standards.
The circumstances of detention are particularly troublesome for
children of women prisoners (who may stay in detention with their
mothers up until the age of six).

Overall, the government has failed to protect girls from violence
whether at the hands of private individuals or state officials and
its juvenile justice system severely violates children's rights.
OMCT's report concludes Bangladesh has not fulfilled its obligations
under the Convention on the Rights of the Child.

For copies of the alternative report on "Violence against Girls in
Bangladesh"and "The rights of the child in Bangladesh - Focus on
Juvenile Justice" or for further information on OMCT's programme on 
Violence against Women please contact Carin Benninger-Budel (Violence 
against Women Programme) at +41 22 809 4939 or at cbb@omct.org. and 
Séverine Jacomy at +41 22 809 4939 or sj@omct.org.



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