QUESTIONNAIRE: Global study on detention of children

UNICEF is undertaking a global study on administrative detention of children.  The study is being conducted by the Children’s Legal Centre, a not-for profit organisation based in the United Kingdom. The purpose of the study is to examine the extent, contexts and circumstances of administrative detention, the procedures behind such detention and conditions of detention.

Administrative detention is detention that occurs by order of an administrative or executive ministerial authority, rather than that ordered by a judge or court. Thus, it does not include detention which occurs after being charged with or being convicted of an offence within the formal criminal justice system.  Administrative detention can be provided for in the laws of a country and / or can operate outside the legal framework of a country.

Administrative detention of children can occur in many different contexts and for many different reasons.  The study will focus on the following types of administrative detention:

  • Detention of children outside the formal criminal justice system (for example, the detention of 'street children', or children who are ‘out of control’ or without parental care.  Children may also be detained for their own protection, for instance, where they are victims of sexual offences and are being protected from their families);

  • Detention of children within a country’s immigration system (forexample, the detention of refugee or asylum-seeking children);

  • Detention of children for security purposes (for example, under a country’s counter-terrorism legislation, which may permit a police officer to detain a child without being formally charged, for an extended period of time);

  • Detention of children who are involved in armed forces and / or hostilities (for example, the detention of child soldiers working for an armed opposition group who are captured by a government’s armed forces but not charged with a crime);

  • Detention of children on health-related grounds (for example, where a child has a mental health condition and is perceived as being dangerous to the community or to themselves).

Administrative detention of children can be very prejudicial to their welfare and, where it amounts to arbitrary detention, a violation of their human rights.  It is essential to identify the extent of and circumstances in which administrative detention occurs around the world.

As part of the research, UNICEF is collecting quantitative data and qualitative information about laws and procedures related to administrative detention from various organisations.

Four questionnaires are each relating to a different type of administrative detention (Immigration detention, Security detention and detention of children involved in the armed forces and / or in hostilities, Detention of children outside the formal criminal justice system and Health-related detention).

Not all the questionnaires will be relevant to one country. For example, the questionnaire on immigration detention may not be relevant where the country is not receiving immigrants / asylum-seekers and the section of the questionnaire on detaining child soldiers may not be relevant where the country is not involved in armed conflict.  Therefore, participants may complete only the questionnaires that are relevant to their country or those that are most relevant.

Participants can complete the questionnaires in word format, and email the completed questionnaires to: Kirsten Anderson at the Children’s Legal Center

[email protected] This email address is being protected from spam bots, you need Javascript enabled to view it copying Anne Grandjean at UNICEF HQ

[email protected] This email address is being protected from spam bots, you need Javascript enabled to view it and Davinia Ovett, Coordinator of the Interagency Panel on Juvenile Justice at

[email protected] This email address is being protected from spam bots, you need Javascript enabled to view it . 

The deadline to complete these questionnaires is 15 June 2009 but participants can let UNICEF know if they need more time. If a participant intends to fill in the questionnaire, please send UNICEF a quick note to let us know and inform the UNICEF country office in your country (if any).

In addition to completing the questionnaires, UNICEF would be grateful if participants could share any existing reports, research studies or publications concerning administrative detention relating to the country or region, and forward them to the same addresses as mentioned below.

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