EUROPE: Violence Against Children in Conflict with the Law

[5 March 2008] - A major study of four European countries has prompted alarm over the increasingly repressive policies towards children in conflict with the law, the rising numbers of children in detention, and the prevalence of violence in youth custodial institutions. The report emphasises that the detention of children is in violation of the UN Convention on the Rights of the Child when not used as a measure of last resort.

The study, Violence against Children in Conflict with the Law, was produced by Defence for Children International - The Netherlands (DCI-NL) in partnership with the Howard League for Penal Reform (United Kingdom), DCI-Belgium and DCI-France. The report concludes that children in detention are at particular risk of violence from staff or peers, and self-harm. Children in police custody are at heightened risk of violence, for example, during arrest, interrogation, or while being held in police cells.

Dr. Sharon Detrick, children’s rights expert at DCI-NL and coordinator of the international study said: “In all four countries, the numbers of young offenders in youth detention institutions, or other types of welfare institutions, are rising. The official numbers of children in detention are especially high in the Netherlands, and England and Wales.”

On 1 January 2006, in the Netherlands, there were a total of 1,177 children in youth custodial institutions. In England and Wales, although recorded offending by children has been in decline between 1994 and 2004, the number of children sentenced to custody increased by 90 per cent. On 20 July 2007, there were 2,942 children in penal custody in England and Wales. The majority of children in penal custody are held in Young Offender Institutions. 

In all four countries, closed or solitary confinement is common as punishment in youth detention institutions or other types of welfare institutions where young offenders may be held. Children deprived of their liberty complain about the standard practice of strip-searching. Particularly in England and Wales, there are reports of the regular use of restraints, including holds involving pressure to noses, thumbs and ribs, causing injuries in some cases.

“Policies towards children in conflict with the law are becoming increasingly repressive, including stiffer penalties”, Dr. Sharon Detrick added. In Belgium, France and the Netherlands, the application of adult criminal law is possible with respect to 16-17-year-olds, under certain conditions. In England and Wales, in certain circumstances, children aged 10-17 years can be brought before the Crown Court, including when charged with homicide.

In all four countries, official juvenile justice data published by the public authorities contain either no or very little specific data relating to violence against children deprived of their liberty. Data collection systems need to be improved. The study introduces twelve violence indicators for use by national authorities. Adopting these indicators – and the fifteen juvenile justice indicators recently developed by UNICEF and the UN Office on Drugs and Crime – would contribute to better statistical surveying, and harmonized and comparable data collection by countries in Europe. Reliable and transparent data are necessary for improved policies regarding the treatment of children in conflict with the law, in particular those deprived of their liberty.

Further information

 

pdf: http://www.crin.org/docs/viol.pdf

Countries

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