Developing Countries and the Potential of Mandatory Reporting Laws to Identify Severe Child Abuse and Neglect

Abstract

Child abuse and neglect affects many children, with severe and lifelong consequences. The classical forms of child abuse—physical abuse, sexual abuse, emotional abuse, and neglect—are often grouped together as if they are homogenous. Yet, some forms of abuse have different characteristics. It is, therefore, important to recognize these characteristics while considering what legal and policy frameworks are required to detect and respond to cases of abuse. Sexual abuse, e.g., is very different from neglect. This heterogeneity of characteristics suggests that some legal and policy responses will suit one form of maltreatment or abuse better than others. This is highly relevant for developing countries, which may have specific economic, social and cultural charecteristics to consider. This chapter will consider some of the key characteristics of different types of child abuse and neglect, and will explore the nature and justifiability of mandatory reporting laws, which are one of the key legal responses made to child abuse and neglect generally. Mandatory reporting laws have been created in many jurisdictions as a way of identifying cases of severe maltreatment which may otherwise remain hidden with particular reference to developing countries, the questions addressed in this chapter are as follows: first, are there some forms of maltreatment which are more suited to this legal response than others, and why? Second, what circumstances must be created, whether in a Western jurisdiction or in a developing economy, to enable this legal response to be implemented successfully?