W INTERESIE DOBRA DZIECKA I SPOŁECZEŃSTWA

ENDANGERING TO THE PROCESS OF IMPLEMENTATION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD BECAUSE OF IMPLEMENTATION OF COUNCIL OF EUROPE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE

Maciej Wojewódka

General Statement

In my opinion, Council of Europe Convention on preventing and combating violence against women and domestic violence [1] stands in direct contradiction to United Nations Convention on the Rights of the Child [2], because United Nations Convention on the Rights of the Child constrains to discriminate children against because of their sex during implementation of anti - violence measures and Council of Europe Convention on preventing and combating violence against women and domestic violence discriminates victims of violence, among others a part of boys and a part of intersex children against because of their sex. Such situation can cause intensification of violence against those boys and intersex children. I explain the endangerings, below.

Council of Europe Convention on preventing and combating violence against women and domestic violence discriminate also children against, other way.

Boys and intersex children, who are not gender girls are discriminated because of a lack at protection provisions against performing surgery which has the purpose or effect of terminating a capacity to naturally reproduce without their prior and informed consent or understanding of the procedure, because of a lack at protection provisions about the necessity of legislative or other measures to establish as an offence, when committed intentionally, aiding or abetting the commission of the offences, and because of a lack at protection provisions about the necessity of legislative or other measures to establish as an offence, when committed intentionally, attemps to committ the offences.

Children are also discriminated against, when women are protected against violence, at certain situations.

Organisations which help children to defence them against violence are discrimitated against in relation to women organisations.

Discriminaton against biological boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of Council of Europe Convention on preventing and combating violence against women and domestic violence, because of their sex ought not to be justified as an method of so called reverse discrimination or because of less frequency of violence against them. Every child suffer because of violence, the same way and discrimination at that area is a form of demoralisation, dehumanisation and pathology.

The most of all, discrimination against boys and a part of intersex children because of their sex is caused by extension of word women meaning in article 1 points a c d e into girls under the age of 18 in article 3 point f of Europe Council Convention on preventing and combating violence against women and domestic violence, but not only.

Discrimination against part of children is caused by a lot of articles of those Convention.

In spite of necessity of using complicated, extensive, precise and time-consuming analysis to prove endangering, which is cased by Europe Convention on preventing and combating violence against women and domestic violence to United Nation Convention on the Rights of the Child, it is unequivocal.

Extensive statement

1. Council of Europe Convention on preventing and combating violence against women and domestic violence stands in direct contradiction to article 2 in relation to article 19 of United Nations Convention on the Rights of the Child.

Article 2 of United Nations Convention on the Rights of the Child provides that:

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.

Article 19 of United Nations Convention on the Rights of the Child provides that:

1. States 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.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes 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 for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Beneath, I explain contradictions between Council of Europe Convention on preventing and combating violence against women and domestic violence and United Nations Convention on the Rights of the Child, extensively.

Firstly, I mean discrimination against boys and intersex children, which are not according to gender perspective during anti-violence measures, lawfully treat as girls by Council of Europe Convention on preventing and combating violence against women and domestic violence because of their sex.

Council of Europe Convention on preventing and combating violence against women and domestic violence grants privileges for biological and gender girls, which arise among others from Article 1 points a c d e, Article 4(3) and others in relation to Article 3 point e and in relation to Article 3 point c and Article 6 of that Convention.

Such situation restrict to be treat as victims only by biological and gender girls and women, at the situation when article 3 point b is not suitable.

In cases, which are not cases in accordance with Article 3 point b, both biological and gender girls are protected, as a consequence of Article 3 point f, among others in relation to Article 3 point c, Article 4(3) and Article 6 of that convention.

Article 3 point f of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

„women” includes girls under the age of 18

Article 3 point c of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

“gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men;

Discrimination against biological boys and intersex children, which are not gender girls because of their sex in accordance with Article 3 point f in relation to Article 3 point c of that Convention is obvious.

Council of Europe Convention on preventing and combating violence against women and domestic violence discriminates against biological boys and intersex children, who are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention - in cases of situation of refraining from engaging in any act of violence by Parties of that Convention, in accordance with its Article 5(1).

Provisions of Article 1 points a c d e, Article 2(2), Article 4(1), Article 4(2), Article 4(3), Article 4(4), Article 7, Article 17(1), Article 18(3), Article 22(2), Article 29, Article 30, Article 50, Article 53, Article 56, Article 57, Article 60, Article 61(2), Article 66(4) point a, Article 66(4) point d and others of Council of Europe Convention on preventing and combating violence against women and domestic violence discriminate against biological boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention, because of their sex.

This form of those discrimination applies in the area, which is not determined as the domestic violence by article 3 point b of that Convention.

Such form of discrimination is dangerous at schools, nurseries, kindergatens, hospitals and at other places, where Article 3 point b is not suitable. Both boys and girls can be victims of papetrated by teacher or by other employed at those places people or by other child violence and sometimes they are.

Besides, a lot of articles of Council of Europe Convention on preventing and combating violence against women and domestic violence is discriminating against biological boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention, because of their sex, more or less direct way.

To better realise the discrimination, which introduce that Convention you ought to look at its Article 3 point e in relation to Article 3 point a and Article 3 point b. They provide whom are victims, in accordance with that Convention.

Article 3 point e of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

“victim” shall mean any natural person who is subject to the conduct specified in points a and b

Article 3 point a of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

“violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life

Article 3 point b of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

“domestic violence” shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim

Council of Europe Convention on preventing and combating violence against women and domestic violence is also discriminating against biological boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention, because of sex during protection against perpetrated by other children (boys or girls) violence, at schools and at some other places.

In spite of Article 4(3) of Council of Europe Convention on preventing and combating violence against women and domestic violence constrains discrimination against victims on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender, identity, age, state of health, disability, marital status, migrant or refugee status, or other status, victims of that Convention are not boys and intersex children, which are not gender girls or victims of domestic violence, in accordance to Article 3 point f in relation to Article 3 point c of that Convention.

School Violence and Bulling Global Status Report by United Nations Education Scientific and Cultural Organisation, presented at the International Symposium on School Violence and Bullying: From Evidence to Action

School Violence and Bulling Global Status Report by United Nations Education Scientific and Cultural Organisation, presented at the International Symposium on School Violence and Bullying: From Evidence to Action in Seoul, Republic of Korea, 17 – 19 January 2017 [3] asserts, that both girls and boys have been victims of violence at schools and perpetrators of violence against them were teachers, school staff or other children.

Below, I quote some fragments of that Report:

“School violence, which includes physical, psychological and sexual violence and bullying, occurs in all countries”. (page 12)

School violence includes physical violence, psychological violence, sexual violence, and bullying; it is perpetrated and experienced by students, teachers and other school staff” (page 14)

“Physical violence can be any form of physical aggression with intention to hurt, and it includes corporal punishment and physical bullying by adults and other children. Corporal punishment is any punishment in which physical force is used and that is intended to cause some degree of pain or discomfort; it is often used to punish poor academic performance or to correct misbehaviour” (page 14)

(According to: Special Representative of the Secretary-General on Violence against Children (2012). Tackling violence in schools: A global perspective bridging the gap between standards and practice)

“Psychological violence includes verbal and emotional abuse, including in the form of isolating, rejecting, ignoring, insults, spreading rumours, making up lies, name calling, ridicule, humiliation and threats, and psychological punishment. Psychological punishment involves forms of punishment by staff that are not physical but that humiliate, denigrate, scapegoat, threaten, scare or ridicule a child or adolescent.” (page 14)

(Accordig to: Special Representative of the Secretary-General on Violence against Children (2012). Tackling violence in schools: A global perspective bridging the gap between standards and practice)

“Sexual violence includes intimidation of a sexual nature, sexual harassment, unwanted touching, sexual coercion and rape, and it affects both girls and boys.” (page 15)

“Bullying constitutes a pattern of behaviour rather than isolated incidents, and it often gets worse if it is unchallenged. It can be defined as intentional and aggressive behaviour occurring repeatedly against a victim where there is a real or perceived power imbalance and where the victims feel vulnerable and powerless to defend themselves. Bullying behaviours can be physical, including hitting, kicking and the destruction of property; verbal, such as teasing, insulting and threatening; or relational, through the spreading of rumours and exclusion from a group.” (page 15)

(According to: Olweus, D., Bullying at school: What we know and what we can do (Understanding Children’s Worlds), Wiley-Blackwell, 1993)

“gang violence is more common in schools, where gang, weapons and drugs are a part of local culture.” (page 16)

“All children and adolescents are at risk of school violence and bullying, but those who are vulnerable because of factors such as poverty, social status associated with ethnicity, linguistic or cultural differences, migration , who are orphans or from households affected by HIV, may be more likely to be targeted.” (pages116-17)

(According to: Devries, K. M. et al. (2014). Violence against primary school children with disabilities in Uganda: a cross-sectional study. BMC Public Health, No. 14, p. 1017.)

“School violence and bullying can occur inside or outside of classroom, around schools, on the way to and from school, as well as online. Violence, in particular physical violence among learners, and physical violence perpetuated by teachers and other staff, can happen in sight of other learners for example, in playgrounds or classrooms or in the context of school sports.”(page 19)

“Bullying is widespread in schools throughout the Word” (page 21)

“Information from European countries suggests a similarly wide variation with 15% of girls and boys in Sweden aged 11, 13 and 15 reporting having been bullied within the past couple of months, but around 65% of girls and boys reporting this in Lithuania.” (page 22)

(According to: Pinheiro, Paulo Sérgio (2006). UN Study on Violence Against Children.)

“In a 2011 study in France carried out by the International Observatory on Violence in Schools based on a national survey of 12,326 9-11 year olds, around 32% reported that they were sometimes victims of verbal bullying and 35% that they were sometimes victims of physical violence at school, in both cases mostly from other students.” (page 22)

(According to: Debarbieux, Eric, A l’Ecole des Enfants Heureux... Enfin Presque cited in Special Representative of the Secretary-General on Violence against Children (2012). Tackling violence in schools)

“In Europe, where over 80% of those aged 5-14 years use mobile telephones, it is reported that, between 2010 and 2014, the proportion of children and adolescents aged 9-16 years who had been exposed to cyberbullying increased from 8% to 12%, especially among girls and children at younger ages, and this age group is increasingly likely to be exposed to hate messages, pro-anorexia sites, self-harm sites and cyberbullying.” (page 23)

(According to International Telecommunication Union, Use of Information and Communication Technology by the World’s Children and Youth, Geneva, 2008 or Livingstone, S., Macheroni, G.,Olafsson, K. and Haddon, L., “Children’s online risks and opportunities: comparative findings from EU Kids Online and Net Children Go Mobile”, London School of Economics and Political Science, 2014.)

“A 2010 study in the UK found that 16-year-olds who were bullied at school were twice as likely to be without education, employment or training, and to have lower wage levels at age 23 and 33, than those who were not bullied. In turn, young men who are not in education, employment or training, are three times more likely to suffer from depression and five times more likely to have a criminal record.” (page 28)

(According to Ellery, F et al. (2010). Prevention Pays: the economic benefits of ending violence in schools. Plan international: UK, 10.)

“A 2012 report by the Special Representative of the UN Secretary-General on Violence against Children notes that “For both the bully and the student who is bullied, the cycle of violence and intimidation results in ... poor performance in school”. It also concludes that “... children who study in a violent environment achieve lower academic results than those who do not, and children who are bullied will often exhibit a marked decline in school achievement and a reluctance to participate in school activities. Moreover, their right to leisure, play and recreation can be compromised as they isolate themselves from other children and lose interest in hobbies and after-school activitie”.” (page 28)

“The 2006 UN World Report on Violence against Children notes that verbal abuse, bullying and sexual violence in schools are commonly reported as reasons for gap of motivation, absenteeism and drop out. In addition, corporal punishment is also a factor in school drop-out in some countries.” (page 28)

“Physical violence can cause non-fatal or fatal injuries or other physical harm. Sexual violence carries the risk of HIV, other sexually transmitted infections and unintended pregnancy and, in addition, exposure to violence and bullying at a young age can have longer-term negative health consequences.” (page 28)

“Children and adolescents who are bullied are more likely than those who are not bullied to experience interpersonal difficulties, to be depressed, lonely or anxious, to have low self-esteem, and to have suicidal thoughts or to attempt suicide. School violence and bullying also has an impact on the mental and emotional health of perpetrators and of bystanders.” (page 28)

“A 2016 US Centers for Disease Control (CDC) report highlights the impact of school violence on physical and mental health, noting that “Many young people experience non-fatal injuries. Some of these injuries are relatively minor and include cuts, bruises, and broken bones. Other injuries, like gunshot wounds and head trauma, are more serious and can lead to permanent disability. Not all injuries are visible. Exposure to school violence can lead to a wide array of negative health behaviours and outcomes, including alcohol and drug use and suicide. Depression, anxiety, and many other psychological problems, including fear, can result from school violence.” (page 29)

(According to: CDC (2016). Understanding school violence.)

“A recent UN report notes that “bullied children’s mental and physical health is at risk: they may show signs of depression or have problems eating, sleeping or complain of physical symptoms such as headaches or stomach aches.” Students who are bullied are more likely than their peers to be depressed, lonely, or anxious and have low self-esteem.” (page 29)

(According to: United Nations (2016). Protecting children from bullying. Report of the Secretary-General., Special Representative of the Secretary-General on Violence against Children (2012). Tackling violence in schools: A global perspective bridging the gap between standards and practice

http://www.hbsc.org/publications/factsheets/Bullying-and-fighting-english.pdf

(retrieved 24 June 2015)

“The 2006 UN World Report on Violence against Children includes a study of the health impact of bullying in 28 European countries, which found adverse effects on physical and psychological health and that the more often children and adolescents were bullied the more symptoms of ill health they had. An analysis of data from 30 industrialised and transitional countries also found that children who were bullied, and bullies, were less likely than other children to say that they enjoyed excellent health (27% vs. 36%) and a very satisfied life (29% vs. 40%).” (page 29-30)

“Exposure to violence at an early age can impair brain development and damage other parts of the nervous system, as well as the endocrine, circulatory, musculoskeletal, reproductive, respiratory and immune systems, with lifelong consequence.s.” (page 30)

(According to: WHO (2016). Inspire. Seven strategies for ending violence against children)

“The 2006 UN World Report on Violence against Children shows that victims of corporal punishment, both at school and at home, may develop into adults who are passive and over-cautious or who are aggressive themselves. Involvement in school bullying can be a predictor of future antisocial and criminal behaviour. Being bullied is also linked to heightened risk of eating disorders and social and relationship difficulties.” (page 30)

(According to: UNICEF (2014). Hidden in plain sight: A statistical analysis of violence against children)

“Other studies have shown the longer-term effects of bullying at school. For example, in a study of all children born in England, Scotland and Wales during one week in 1958, data on 7,771 children who had been bullied at ages 7 and 11 was studied. At age 50, those who had been bullied as children were less likely to have obtained school qualifications and less likely to live with a spouse or partner or to have adequate social support. They also had lower scores on word memory tests designed to measure cognitive IQ even when their childhood intelligence levels were taken into account and more often reported that they had poor health. The effects of bullying were visible nearly four decades later, with health, social and economic consequences lasting well into adulthood. For children, “peers are a much more important influence than has been realised. It is a terrible thing to be excluded by your peers.” (page 30)

(According to: http://www.telegraph.co.uk/news/health/children/10772302/Bullying-at-school-affects-health-40-years-later.html

That report presents also a lot of other negative effects of school violence and bulling against children in other continents.

In accordance with Article 3 point a of Council of Europe Convention on preventing and combating violence against women and domestic violence - bullying is also a form of violence because they result in, or are likely to result in, harm or suffering.

My held in Poland in 2015 and in 2016 research proved that both physical and mental violence against boys and girls happened at schools, and at hospitals. Teachers, which were men or women were its perpetrators. I did not hold research on perpetrated by other children violence against children at those places.

Official proved cases of schools violence against juvenile students by teachers were among others: hitting a child head, slapping in the child face, straining a child ear, smacking, battery, jostling, jerking, holding a child, sexual harassment, sexual intercourse with a pupil, psychological abuse, sticking a child mouth by a piece of Scotch tape or sticking plaster, screaming, experiencing a child to danger, abusing, offending, intimidation, locking a child in the bathroom up, not in accordance with school rules punishments, discrimination against a pupil, negligence.

Official proved cases of violence against juvenile students, which had happened in hospitals and clinics were among others: holding and pulling juvenile patients hair, hitting, limits on amount of phone, personal or letter contacts, not in accordance with hospital rules engaging juvenile patients in clean-up labour and using of so called bed regime – in mental hospital, psychiatric ward and forensic psychiatry ward.

The causes of those kind of violence were different. My general, short description in Polish of that research is entitled: Przemoc wobec dzieci w szkołach i szpitalach psychiatrycznych ze strony pracowników tych instytucji w Polsce [4].

On website of UNICEF in Albania (in Europe) [5] we can read: A 2006 study on violence against children in Albania indicates that the overwhelming majority of adults think that physical and psychological violence has positive effects on a child’s education. Even 50% of children have absorbed the idea that violence is needed, both at home and in schools. The belief that “Whoever spanks you, loves you” is widespread among parents, teachers and children. Physical and psychological violence toward children in Albania is very common at home and residential care.

Other examples of violence against children at those places you can also find on the Internet.

Besides, discrimination against biological boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of Council of Europe Convention on preventing and combating violence against women and domestic violence at anti-violence provisions of that Convention can sometimes redirect violence into discriminated children, especially when a teacher or other member of staff is frustrated or wired up.

Research which proved such possibilities were hold by J. Dolard, L. W. Doob, N. E. Miller, O. H. Mowrer, E. Staub, L. Berkowitz, A. LePage, D. Zillmann, B. F. Skinner, A. Bandura, A. Ross and D. Ross.

Results of their research are presented in:

Berkowitz L. (1969). The frustration- aggression hypothesis Revisited. W. L. Berkowitz (red.) Roots of aggression (p. 1-28). New York: Atherton Press

Berkowitz, L., (1989). The frustration-aggressions hypothesis: An examination and reformulation. Psychological Bulletin, 106, 59-73

Berkowitz, L., LePage, A. (1967). Weappons as aggression-eliciting hypothesis. Journal of Personality and Social Psychology, 7, 202-207

Dollard, J., Doob, L.W., Miller, N.E., Mowrer, O. H. Sears, R.R., (1939). Frustration and aggression, New Haven, CT: Yale University Press

Zillmann, D., (1984). Connection between sex and aggressions. Hillsdale, NJ: Erlbaum

Summary of those research are presented in Essencial Social Psychology by R. J. Crisp & R. N. Turner. To present them I used Polish edition of that book, entitled: Psychologia społeczna, published in 2009 by Wydawnictwo Naukowe PWN [6].

The third edition of Essencial Social Psychology was published in 2014 by SAGE Publications Ltd.

When we wonder who is a gender a girl, legally in accordance with Article 3 point f in relation to Article 3 point c of Council of Europe Convention on preventing and combating violence against women and domestic violence, we have also to realize that parents or one of them is able to establish gender of their child, legally, according to their will, what can be harmful to that child.

2. Article 39 point b of Council of Europe Convention on preventing and combating violence against women and domestic violence discriminates against boys and intersex children which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention in the area of protection against performing surgery which has the purpose or effect of terminating a capacity to naturally reproduce without their prior and informed consent or understanding of the procedure.

Article 41(1) of that Convention discriminates against boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c in the area of takingthe necessary legislative or other measures to establish as an offence, when committed intentionally, aiding or abetting the commission of the offences established in accordance with Article 39 point b of this Convention.

Article 41(2) of that Convention discriminates against boys and intersex children, which are not gender girls in accordance with Article 3 point f in relation to Article 3 point c in the area of takingthe necessary legislative or other measures to establish as an offence, when committed intentionally, attempts to commit of the offences established in accordance with Article 39 point b of this Convention.

Historicaly, in Europe boys have been castrated to be singers and slaves at harems. Sometimes castration were made to be closer to the God and sometime because of financial or eugenics reasons. Men have also been castrated in Turkey, China, India and in Egypt. Boys were castrated in effect of decisions of their parents. In India some biological men and intersex are castrated to become a hijra and become recognized as third gender.

Part of sexual sterilization were or is made without prior and informed consent or understanding of the procedure.

In 20^th century compulsory sterilization programs were made in Germany, Great Britain, Sweden, Soviet Union as stopping of intellectual disability or as a punishment. About eugenic sterilization in Europe you can read the article: Eugenic sterilisation: Europe's shame [7] by Charles Webster (Health Matters issue 31 Winter 97/98, Last updated: 3 January 2003).

About Francis Galton’s idea of eugenics sexual sterilization you can read the article: Eugenics - Positive And Negative Eugenics [8]

About sterilization of men in Gemany during the Wold War 2-nd you can read among others: Involuntary sterilization of men in the Third Reich using the example of the surgical clinic in Göttingen from 1934-1944] [9].

About sterilization of men in Great Britain you can read: Sterilisation of men with intellectual disabilities: whose Best interest is it anyway by Renu Barton-Hasson, associated Professor of Law at Middlesex University in London [10].

In Netherland, in 20^th century, castration were use as a punishment. That situation was described among others by Bruno Waterfeld in "Dutch Roman Catholic Church 'castrated at least 10 boys, The Telegraph on March, 19, 2012 [11].

In Hindustan Times, updated Mar 05, 2013, you can read the article: 12-yr-old castrated, forced to be part of eunuch group by Chetan Chauchan[12].

Such situations could happen in Europe, presently as well. Boys ought to be protected against them.

3. Provisions of Article 18(2) in relation to Article 22(2) and in relation to Article 23 of Council of Europe Convention on preventing and combating violence against women and domestic violence help to consider a child as an ownership of their mother, independently those children are victims of violence or not, perpetrated by those mothers.

Such situation stands in direct contradiction to Article 3 of United Nations Convention on the Rights of the Child because of better setting the interests of mothers than interests of their children.

In conflict to that Article 3 of United Nations Convention on the Rights of the Child provides that:

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

4. Article 13 of Europe Convention on preventing and combating violence against women and domestic violence grants a especially privilege to women’s organizations in promoting or conducting, on a regular basis and at all levels, awareness-raising campaigns or programmes, including in co-operation with national human rights institutions and equality bodies, civil society and non-governmental organisations where appropriate, to increase awareness and understanding among the general public of the different manifestations of all forms of violence covered by the scope of this Convention, their consequences on children and the need to prevent such violence.

Organisations, which protect and defend childrens are discrimitated against during activity of that form. Such situation can help to conceal violence against children, which will be perpetrated by women. Of course that provision stands in contradiction to Article 3 of United Nations Convention on the Rights of the Child.

Corporal punishment, sexual abuse and other forms of violence against children, which are perpetrated by women and by children’s mothers are described by a lot of reports and articles.

According to World Report of Violence Against Children [13] by Paulo Sérgio Pinheiro, independent expert for the United Nations secretary-general’s study on violence against children published by the United nations secretary-general’s study on violence against children factors contributing to violence are different.

About partly responsibility of mothers you can read on page 52 of that Report. I quote a fragment of it, below:

“In the UK, a national survey found that mothers and fathers were most often responsible for physical violence, although violence by siblings was also reported.”

(According to: May-Chalal C, Cawson P (2005). Measuring Child Maltreatment in the United Kingdom: A Study of the Prevalence of Child Abuse and Neglect. Child Abuse & Neglect, 29: 969–984).

Negative effects of perpetrated by mothers against their children corporal punishment were described by Murray A. Strauss & Mallie J. Pschall article: Corporal Punishment by Mothers and Development of Children's Cognitive Ability: A Longitudinal Study of Two Nationally Representative Age Cohorts (Journal of Aggression and Trauma) [14].

In Psychology, Crime & Law you can read an article Female perpetrators of child sexual abuse: characteristics of the offender and victim by Ashling Bourke, Sally Doherty, Orla McBride, Karen Morgan & Hannah McGee [15].

Article 71(1) of Council of Europe Convention on preventing and combating violence against women and domestic violence provides that Convention shall not affect obligations arising from other international instruments to which Parties to that Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention, and Article 71(2) of that Convention constrains to possibility of concluding bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it by The Parties to that Convention and Article 73 of that Convention constrains to the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to persons in preventing and combating violence against women and domestic violence.

If the provision of Article 71(1) were providing about exclusion of affecting of Articles of that Convention on other aspects than endowing women or domestic violence victims defence that provision ought to be provided, precisely, as Article 71(2) and Article 73 of Council of Europe Convention on preventing and combating violence against women and domestic violence provides, which exclusion of that Convention may come into force.

According to that Arcticle 72(1) does not exclude other article of that Convention and stands in direct contradiction to reality against Article 2 in relation to Article 19 of United Nations Convention on the Rights of the Child, sophistical way.

Even if you do not want to accept my arguments, you are not able to do not agree with me that Article 71 of Council of Europe Convention on preventing and combating violence against women and domestic violence provides a sophistical ambiguity, at least, what causes that provisions of that Convention become the endangering to the proccess of implementation of United Nations Convention on the Rights of the Child and it weakens the protection of a part of the children against physical and mental violence, honestly.

In accordance with such situation, that a lot of articles of Council of Europe Convention on preventing and combating violence against women and domestic violence is discriminating against biological boys and intersex children, who are not gender girls in accordance with Article 3 point f in relation to Article 3 point c of that Convention, more o less direct way you are not able to do not agree with me that Convention is a harmful to United Nations Convention on the Rights of the Child and it is harmful to children’s rights.

References:

1. Council of Europe Convention on preventing and combating violence against women and domestic violence

https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/210