Improvements are needed regarding the right to a private sphere and channels and options
for active participation. Lockable storage lockers should be part of minimum provision.
Comprehensive barrier-free accessibility must be implemented.
2.3.2.
System-related problem areas
2.3.2.1.
Monitoring priority: prevention of sexual violence
Article 8 of the ECHR upholds the right to family life and the right to
private life. This includes the right to self-determination regarding
one’s own body and protection of physical integrity. Accordingly, the
Member States are obligated to protect children and adolescents
against all forms of violence, in particular sexual violence.
Furthermore, under Article 19 of the UN Convention on the Rights of the
Child, suitable preventive measures must be taken to protect minors
against sexual abuse. It is therefore important to determine whether
there are preventive measures in place at institutions and facilities to
protect against sexual violence, and whether they are effective. The
interaction between victims, abusive minors and fellow residents and
how they are treated is also very important.
Raising awareness
among staff
Sexual education concepts should be used to prevent dynamics which
can lead to violation of personal boundaries; the goal is to ensure that
social pedagogues can correctly interpret and counteract any
attempts on abuse or manipulation. The purpose of these concepts is
to provide social pedagogues with instructions on how to spot such
dynamics early and take the necessary action. By establishing binding
rules on interaction and how to handle proximity and distance. These
topics can be anchored in the organisation to provide transparency
and can be evaluated on an ongoing basis. This raises consciousness
regarding this form of violence. Many institutions and facilities do not
have any concepts of this nature at all. Instances where personal
boundaries have been violated are often the trigger for preparing
sexual education concepts with the help of relevant experts.
Lack of sexual
education concepts
The NPM considers it important to help drive this process of
developing such concepts at institutions and facilities before cases of
violation of personal boundaries actually occur. Among other things,
commissions observed that staff was well aware of the topic.
However, there were no clear strategies or assignment of
responsibilities for preventing sexual encroachment. There is a risk
that although experienced social pedagogues may well have their
own action plans, those plans may not be shared with colleagues and
therefore not applied by the whole team. Plans need to be prepared
with the involvement of the entire socio-pedagogic staff. New
employees need to receive training and support for implementation
and application.
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