Opinion Of the European Economic and Social Committee on Children as indirect victims of domestic violence
Date: 2006-12-14
Institutions: European Economic and Social Committee
Subjects: child, child protection, domestic violence, help for victims

C 325/60

EN

Official Journal of the European Union

30.12.2006

to promote CSR in the framework of
to follow related international

the new
conditions;
strategy for Africa;
initiatives
(work of the United Nations special representative, ISO guide-
lines, certification of the Kimberley process). Such encourage-
ment is all the more important because it could, for some coun-
tries, represent the first step towards effective social legislation.

The EESC takes the view that free zones, which exist
2.3.9.2
to create an attractive investment environment, must in no case
operate outside the limits set by national employment legisla-
tion. Expressing CSR concerns in such zones cannot be a substi-
tute for compliance with the corpus of
ILO
conventions.

fundamental

Brussels, 14 December 2006

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion Of the European Economic and Social Committee on Children as indirect victims of
domestic violence

(2006/C 325/15)

On 21 April 2006, the European Economic and Social Committee, acting under Rule 29(2) of its Rules of
Procedure, decided to draw up an opinion on: Children as indirect victims of domestic violence

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 7 November 2006. The rapporteur was
Ms Heinisch.

At its 431st plenary session, held on 13-14 December 2006 (meeting of 14 December 2006), the European
Economic and Social Committee adopted the following opinion by 105 votes to four with five abstentions.

1. Conclusions and recommendations

adopted by the European Economic

This additional opinion refers to the definitions and
1.1
analyses contained in the opinion on Domestic violence against
women,
and Social
Committee on 16 March 2006, which dealt only with violence
perpetrated by men against their female partners (1). This opinion
likewise deals only with this aspect of violence in the family, namely
with the effects on children who witness violence against the partner.
Direct violence against children in the family, which is very often also
carried out by women (i.e. mothers), is not the subject of this opinion.
Although growing up in a climate of physical and psychological
violence can have serious consequences for children, awareness
of children as indirect victims of domestic violence is still
limited. This situation can no longer be tolerated, not least in
the context of children's rights to a life without violence, and in
particular to an upbringing free from violence, and to care and
protection.

1.2
The EESC therefore urges the EU Council presidencies
also to look at the issue of Children as indirect victims of domestic
violence when examining the question of domestic violence
against women.

The above comments are addressed to the EU Council presiden-
cies and the Commission.

(1) EESC own-initiative opinion of 16.3.2006 on Domestic violence
against women, Rapporteur: Ms Heinisch (OJ C 110, 9.5.2006, pp 89-
94, points 2.3.4 and 2.3.5.
URL:
C:2006:110:0089:0094:EN:PDF.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:

1.3
On 4 and 5 April 2006, a conference in Monaco
launched the Council of Europe's three-year programme (2006-
2008) entitled Building a Europe for and with children. As well as
campaigning for
this
programme will deal with the issue of protecting children from
violence. In order to give this important project even more
impetus,
in particular in the media, the EESC proposes joint
action involving the Council of Europe, the European Parlia-
ment, the Committee of the Regions and UNICEF.

the protection of

children's

rights,

The above comments are addressed to the Council of Europe,
the European Parliament, the Committee of the Regions and
UNICEF.

1.4 Whilst the main responsibility for combating domestic
violence lies with the Member States, the importance of chil-
dren's rights and the different responses in different countries
do, however,
lead the EESC to believe that a Europe-wide
strategy is necessary.

The basis for this Europe-wide strategy must be an initial
Europe-wide study on the prevalence and consequences of
growing up in the context of domestic violence, which also
looks into what can be and is being done to protect and
support children indirectly affected by such violence.

The above comments are addressed to the Commission, Directo-
rate-General for Justice, Freedom and Security.

30.12.2006

EN

Official Journal of the European Union

C 325/61

Violence against children in the context of domestic
1.5
violence can only be effectively combated at the appropriate
national level. Therefore, each Member State should specifically
address the issue of children as indirect victims of domestic
violence when drawing up and implementing its National
Action Plan for combating domestic violence. Particular atten-
tion should be given to the following areas:

— surveys into the prevalence and consequences of growing up

in the context of domestic violence;

— surveys into what can be and is being done to protect and

support children indirectly affected by such violence;

— steps to raise awareness of children indirectly affected by
domestic violence as a group in their own right for which
special support measures must be developed;

— networking and cooperation in all measures for all areas of
activity, in particular between women's refuges and women's
advisory services on the one hand and youth services, family
courts, child protection centres and family advisory services
on the other;

— consideration of

the domestic violence situation when

settling access and custody rights;

— consideration of the particular situation of the children of

abused women migrants;

— provision of training and further training for all the relevant
professional groups and areas of action, such as children and
youth services, advice centres and refuges, agencies, schools,
nursery schools and leisure facilities, health services, police
and courts, whose role is to recognise the specific danger to
children in the context of domestic violence and to provide
effective help to those affected;

— development and implementation of

special preventive
measures on the subject of Children as indirect victims of
domestic violence;

— organisation of awareness-raising campaigns aimed at poten-
tial direct witnesses of violence against children (neighbours,
friends of parents or relatives) in order to combat the indif-
ference of such persons to the abuse of children;

— creation of interlocutors for children, together with support
from state and non-state bodies along the same lines as the
children's ombudsman already in place in several coun-
tries (2);

— national action plans and the measures and ideas they
information

publicised

through

should

be

contain
campaigns.

The above comments are addressed to the Member States.

(2) European Network of Ombudspersons for Children (ENOC):

http://www.ombudsnet.org/.

2. Explanatory statement

2.1 Why an additional opinion?

adopted by the European Economic

This additional opinion refers to the definitions and
2.1.1
analyses contained in the opinion on Domestic violence against
women,
and Social
Committee on 16 March 2006, which dealt only with violence
perpetrated by men against their female partners. This opinion
likewise deals only with this aspect of violence in the family, namely
with the effects on children who witness violence against the partner.
Direct violence against children in the family, which is very often also
carried out by women (i.e. mothers), is not the subject of this opinion.
Empirical evidence in respect of several European countries
demonstrates that children are present in at least half of all cases
of domestic violence, and that around three quarters of women
who flee to women's refuges have children with them (3).
Empirical evidence and statistical data also clearly demonstrate
that violence against the mother by the father always harms the
children, even though domestic violence is not direct violence
against children. Yet awareness of children as indirect victims of
domestic violence is still limited, and they do not get anything
like the attention, help and support that they need. This addi-
tional opinion aims to change this by focusing on children as
indirect victims of domestic violence, describing their specific
situation,
identifying the problems and making recommenda-
tions as to how to improve the situation and rights of these chil-
dren.

2.2 Violence against children in the context of domestic violence

2.2.1 Most violence against children takes place within their
social circle, especially within the family. This is where children
are most likely to be victims and witnesses: victims of violence
by adults, and witnesses of violence between adults.

2.2.2 Whilst direct violence against children in the family or
its social circle — physical, sexual and psychological abuse and
neglect — has for many years, at European level and in the
Member States, been recognised as a problem and considered to
be one of the most serious violations of children's rights, and
whilst appropriate conclusions have been drawn regarding the
prevention and prosecution of such violence, awareness of chil-
dren as indirect victims of domestic violence is still limited (4).

Domestic violence is defined as violence against a
2.2.3
partner, i.e. psychological or physical (including sexual) violence
within marital and non-marital partnerships. (5)
is mostly
perpetrated by men against women. The majority of the women
affected are mothers. When these women experience violence at
the hands of their partners, the children are in most cases either
present or within earshot (6).

It

(3) Relevant evidence in B. Kavemann/U. Kreyssig (Eds): Handbuch Kinder
und häusliche Gewalt (Handbook on children and domestic violence),
Wiesbaden 2006.

(4) Examples of this are the many projects that have been and are being
supported through the DAPHNE programme. An up-to-date overview
of the Council of Europe's activities to promote children's rights, in par-
ticular to protection from all forms of violence, can be found in the
report Council of Europe Actions to Promote Children's Rights to Protection
from all Forms of Violence published in 2005 by the UNICEF Innocenti
Research Centre.

(5) For more on the definition, scope, causes and effects, see the EESC

opinion on Domestic violence against women (Footnote 1).

(6) See A. Mullender/R. Morley: Children living with domestic violence.
Putting men's abuse of women on the Child Care Agenda. London
1994.

C 325/62

EN

Official Journal of the European Union

30.12.2006

Violence against

the mother is a form of violence
2.2.4
against the child. Children who witness domestic violence and
have to experience and watch their father, stepfather or mother's
partner hitting and abusing her are always victims of psycholo-
gical violence. Although domestic violence does not constitute
direct violence against children, violence against the mother is
always harmful to children (7).

Furthermore, several academic studies have shown that
2.2.5
domestic violence against women and child abuse often occur
in the same families (8). Men who abuse their partners often
also perpetrate violence against children. Because they live in a
climate where it is routine, women who suffer violence may
sometimes also be violent in turn towards their children.

2.2.6 Moreover, battered women are often under such strain
that they are unable to care properly for their children. Exposure
to long-term abuse by their partners robs many women of the
ability to do anything to protect their children.

Domestic violence thus not only constitutes a threat to
2.2.7
the lives and wellbeing of women, but also affects and endan-
gers the welfare of children.

2.3 The effects of domestic violence on children

2.3.1
Growing up in a climate of physical and psychological
violence can have serious consequences for children. Children
— even young children — feel very helpless and vulnerable in
stepfather's or mother's partner's
the face of
violence and her powerlessness. They also sometimes feel
responsible for what is happening. They often believe that the
violence is their fault, or they try to intervene and protect the
mother, and are then themselves abused.

the father's,

Various

2.3.2
studies, particularly in Britain and North
America, have looked at this problem (9). Although the effects
on each individual child are different and not all children
develop behavioural problems as a result of violence, and
although there are no empirically established criteria for deter-
mining how great the risk is (if any) in each individual case,
there do seem to be clear links.

2.3.3
The main stress factors that need mentioning are: living
in a threatening atmosphere; not knowing when an attack will
happen next; fear for the mother's survival; the feeling of help-
lessness in the situations in question; the feeling of isolation,
because such children are often warned not to tell outsiders;

(7) See: E. Peled et al (eds.): Ending the cycle of violence. Community
response to children of battered women. Thousand Oaks, CA 1995.
(8) See A. Mullender/R. Morley: Children living with domestic violence.
Putting men's abuse of women on the Child Care Agenda. London
1994.

(9) A summary and comparative assessment of a large number of these
studies can be found in Jeffrey L. Edleson: Should childhood exposure to
adult domestic violence be defined as child maltreatment under the law?
http://www.mincava.umn.edu/link/documents/shouldch/shouldch.shtml.

conflicts of loyalties towards the parents; and impairment of the
parent-child relationship.

2.3.4
This can cause children to develop massive problems
and behavioural disorders, including psychosomatic symptoms
and psychological problems such as low self-esteem, restlessness,
sleep disorders, difficulties at school, anxiety, aggression, and
even suicidal thoughts.

2.3.5 When the perpetrators abuse not only their partners
but also their children, the resulting symptoms of developmental
problems and psychological disorders can be even more serious.

2.3.6
Growing up in a context of domestic violence can also
have an impact on the children's attitude to violence and to
their own violent behaviour. By observing their parents' beha-
viour or experiencing violence themselves, children can take on
the adults' problematic behaviour patterns. The cycle of violence
can lead boys to learn the role of perpetrator and girls to learn
that of victim, and can mean that they themselves become
perpetrators or victims of domestic violence when they are
adults.

2.3.7
The effects on children who experience or witness their
mother being killed by her partner seem to be particularly
severe.

2.4 Analysis and proposals of the EESC

2.4.1 When children grow up in a context of domestic
violence, this always impacts directly or indirectly on them.
They are exposed to numerous stress factors that can have
significant and long-term effects on their wellbeing and beha-
viour.

2.4.2
The significance of these effects has long been underes-
timated. Although the problem has begun to be discussed over
the last few years, awareness of children as victims of domestic
violence is still limited.

2.4.3
Not least in the context of children's rights to a life
without violence, and in particular to an upbringing free from
violence, and to care and protection,
this situation can no
longer be tolerated (10).

2.4.4
areas:

The EESC's proposals mainly focus on the following

2.4.5
domestic violence in the EU Member States

Surveys on the situation of children in the context of

(10) According to the UN Convention on the Rights of the Child, which
was adopted in 1989 by the UN General Assembly and has been rati-
fied by all but two countries in the world. A communication on chil-
dren's rights in the EU was published by the Commission in July 2006
(COM(2006) 367 final). EESC opinion of 12/13.12.2006 on the
Communication from the Commission: Towards an EU Strategy on the Rights
of the Child, Rapporteur: Ms van Turnhout

30.12.2006

EN

Official Journal of the European Union

C 325/63

2.4.5.1 Whether and to what extent the situation of children
in the context of domestic violence has been recognised as a
problem in EU Member States, and has led to intervention and
preventive measures, varies significantly (11). Such is the situa-
tion at EU level described in the EESC opinion on domestic
violence against women (12).

through parental

witnesses of domestic violence from direct experience of
violence
abuse.
Although there is often overlap between these two areas, chil-
dren indirectly affected by domestic violence should be consid-
ered as victims in their own right, for whom specific support
must be developed and made available.

including sexual

abuse,

2.4.5.2
The academic and political discussion within the
European Union would benefit greatly from a precise, up-to-
date understanding of social attitudes to this issue of domestic
violence, of the legislative basis and approaches to protection
and support of children, and of intervention and prevention.

2.4.6 Research into the type, extent and impact of

domestic violence on children

2.4.7.3
In cases of domestic violence, neither the abusive
man nor the abused woman is able to adequately keep the chil-
dren's situation in mind. Such children therefore need indepen-
dent advice and support
from state and non-state bodies.
Arrangements in Sweden provide an example: Swedish children
and young people under 18 have their own ombudsman
(‘Barnombudsmannen’) who, among other things, has regular
contact with children and young people to hear their views and
opinions (15).

2.4.6.1
Children in the context of domestic violence can, as
an area of research, only be described as terra incognita in most
EU Member States (13). There are only a few studies on children
growing up in the context of domestic violence. Little research
has been done into the opportunities for and obstacles to acces-
sing help and support.

2.4.6.2
Surveys and research projects on children in the
context of domestic violence should be carried out in all EU
Member States. A coordinated approach would be sensible and
necessary in order to ensure the comparability of methods and
findings (14).

2.4.7 Promoting

suppor t

for

children as

indirect

victims of domestic violence

2.4.7.1 Whilst the availability of protection and support for
women who are victims of domestic violence has improved
considerably in recent years, there is as yet no support available
for these women's children.

If these children are to be given effective support, it
2.4.7.2
is essential to distinguish their indirect experience of violence as

(11) This is shown by the reports and information available on Ireland,
Great Britain, Denmark, Sweden and Germany. A good overview of
the current situation in Germany and some other Member States is
provided by the Handbuch Kinder und häusliche Gewalt (Handbook on
children and domestic violence) published by Barbara Kavemann and
Ulrike Kreyssig (Wiesbaden, 2006).

(12) See point 2.3.2 of the EESC opinion on Domestic violence against women

(footnote 1).

(13) Even in the recently (February 2006)published report State of Euro-
pean research on the prevalence of interpersonal violence and its impact on
health and human rights, this issue is not mentioned in the chapter
on Violence against children and youth
(http://www.cahrv.uni-osnabrueck.de/reddot/CAHRVreportPrevalence
(1).pdf).

(14) For example within the framework of the DAPHNE programme or
through a body such as the EU research network Co-ordination Action
on Human Rights Violations (CAHRV), whose job is to coordinate
research into all forms of interpersonal violence in inter-gender and
inter-generational relations and which is financed by the European
Commission's Sixth Framework Programme
(see www.cahrv.uni-osnabrueck.de).

Very often, neighbours, friends of parents or relatives
2.4.7.4
are witness to violence against children. An active stance on
their part could help prevent many tragedies from occurring. In
practice, however, they very rarely intervene to help children
who are being abused. Overcoming such indifference requires a
consistent approach and appropriate information campaigns
that
foster a positive attitude among potential witnesses of
violence.

2.4.8 Improving

cooperation

between

women's

protection and child protection

2.4.8.1
The protection of women and their children from
domestic violence would seem to be closely related. However,
there are significant conflicts of interest between the protection
and support of women on the one hand, and that of children
on the other.

2.4.8.2 Women's refuges and advice centres on the one
hand, and child protection bodies and youth services on the
other, often maintain a wary distance from one another.

However, empirical results unambiguously point to
2.4.8.3
the need for cooperation:
threats against and abuse of
mothers is taken out of the picture, access and custody rulings
may, even after separation from their violent partners, force
women into repeated contact with them and thus lead to the
endangerment and injury of women and children (16).

if

http://www.bo.se/files/in%20english,%20publikationer,%20pdf/

(15) See also the speech by the current ombudsman on Corporal Punish-
ment of Children, which also covers the situation of children who
have witnessed domestic violence (English only)
(
corporal%20punishment%20of%20children060501.pdf)
Similar institutions now also exist in other countries; for more infor-
mation, see the European Network of Ombudspersons for Children
(ENOC):
http://www.ombudsnet.org/

(16) See, for example, M. Hester/l. Radford: Domestic violence and child
contact arrangements in England and Denmark. Bristol 1994. 70 % of
women whose children had contact with their father were again
abused and/or threatened during visits or handover of the children,
even after more than a year of separation; 55 % of children were
abused during visits.

C 325/64

EN

Official Journal of the European Union

30.12.2006

The aim of future strategies and arrangements must
2.4.8.4
be to build good cooperation between women's refuges and
advice centres on the one hand, and youth services,
family
courts, child protection centres and family advice centres on the
other.

2.4.9 Taking better account of the domestic violence
and custody

access

situation when settling
r ights

EU Member States'

laws relating to childhood are
2.4.9.1
largely based on the model of shared, cooperative parenting and
the mother and father's shared responsibility for the child even
after separation, and, as a logical consequence, on the child's
prospect of an independent right of access to each parent.

However,

2.4.9.2
in cases of domestic violence where one
violent parent — usually over a prolonged period — has
constantly disregarded the rights of his partner and child and
subjected them to physical and psychological injury, the condi-
tions stipulated in such laws on childhood, i.e. responsible and
respectful partnership and the associated ability to separate
conflicts between the couple from the parenting role are not
being met.

Therefore, greater consideration needs to be given in
2.4.9.3
family court proceedings to the risks associated with domestic
violence than has been the case hitherto, in particular the high
probability that the risk of violence will not end once the
couple has separated. The protection and safety of women and
children must be decisive factors in any ruling.

2.4.9.4 When weighing up the legal rights of women to
protection and support, the protection and welfare of children,
and the rights of men, protection from violence must always
take precedence over the right to access.

2.4.10 Special needs: Children of

abused migrant

women

language ability, difficult living conditions in their social milieu,
etc. mean that they are more vulnerable.

2.4.10.2 Whilst domestic violence occurs, without exception,
in all countries, cultures and social classes, the fact remains that
women and children are especially vulnerable in those societies
and cultures where gender inequality is greatest, gender-specific
roles are most entrenched and cultural norms exist that support
the rights of men over women.

Depending on residency status, the legal situation
2.4.10.3
may place clear limits on what courses of action are available.
This is particularly true of illegal immigrant women and their
children.

Any intervention, assistance and support measures
2.4.10.4
must therefore take account of the situation of migrant women
and their children. In addition, specific campaigns to inform
these groups of peoples and improve their safety should be
carried out in conjunction with social stakeholders and civil
society organisations.

2.4.11 Improving training and development

for all
professions working in the area of domestic
violence

2.4.11.1
Taking children's interests into account requires a
high degree of professionalism from all the relevant professional
groups and in all areas of action, such as children and youth
services, advice centres and refuges, agencies, schools, nursery
schools and leisure facilities, health, police and courts.

2.4.12 Emphasising

the
domestic violence

impor tance of preventing

2.4.12.1
Any ideas and measures that serve to prevent
domestic violence against women have a knock-on effect on the
situation of children in the context of domestic violence (17).

A proportion of cases of domestic violence affect
2.4.10.1
women and children from migrant backgrounds,
for whom
separation from relatives, leaving the usual social environment
where violence would not be tolerated, illegal residency, limited

In addition, specific preventive measures need to be
2.4.12.2
introduced regarding children as indirect victims of domestic
violence. This includes information material for those working
in the relevant fields.

Brussels, 14 December 2006.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(17) See EESC opinion on Domestic violence against women.