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The sexual abuse of children in residential care facilities for orphans and other at-risk children is a particularly serious problem, Human Rights Watch said. Inspection mechanisms are inadequate in most parts of the country. Many privately run facilities are not even registered. As a result, the government has neither a record of all the orphanages and other institutions operating in the country nor a list of the children they are housing. Abuse occurs even in supposedly well-run and respected institutions because of poor monitoring.

India is a party to the core international human rights treaties that protect children, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child, and the Convention on Elimination of All Forms of Discrimination against Women. These treaties impose an obligation on states at all levels of governmentto take measures to protect children against sexual violence and abuse, and to provide a remedy where fundamental protections have been violated. The ICCPR not only holds a state responsible for protecting individuals from abusive state action, but for responding appropriately and effectively to abuses committed by private actors.

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