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Article 27 Meaning of “harm”

Original text. Later amendments are not shown.

(1)

For the purposes of Article 26(3) “harm”—

(a)

in relation to a person who has reached the age of 18 years, means ill-treatment or the impairment of health, and

(b)

in relation to a child, means ill-treatment or the impairment of health or development.

(2)

Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

(3)

In this Article—

  • “child” means a person under the age of 18 years;

  • “health” includes physical or mental health; and

  • “ill-treatment”, in relation to a child, includes sexual abuse and forms of ill-treatment which are not physical.