UNITED NA TIONS GL OB AL S TUD Y ON DEPRIVED OF LIBER TY
CHILDREN DEPRIVED OF LIBERTY
30 YEARS Manfred Nowak
Manfr ed Now
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Independent Expert and Lead Author: Manfred NOWAK Study Manager and Executive Editor: Georges YOUNES
Study Coordinator and Assistant to the Independent Expert: Manu KRISHAN
Study Advisor, Office of the UN High Commissioner for Human Rights: Anna D. TOMASI Data Coordinator: Łukasz SZOSZKIEWICZ
Co-Editor: Reina-Marie LOADER
Infographic Design: Ralf RICKER, www.ralfricker.at
Design, Layout and Printing: Delphine & Richard PETIT, Véronique PEYTAVIN, Florence
SAULNIER, Franck VASSEROT & Félicia BECHET, Geneva, www.messaggio.eu.com
Main Contributors: Kalliope AGAPIOU JOSEPHIDES, Chiara ALTAFIN, Maria Usang
ASSIM, Claudia ARISI, Elizabeth AYRE, Jo BECKER, Moritz BIRK, Michael BOCHENEK, Rohan BORSCHMANN, Rachel BRETT, Mary BELOFF, Pablo CERIANI CERNADAS, Anne CHARBORD, Alex CHRISTOPOULOS, Betony CLASBY, Emily CUKALEVSKI, Chris CUTHBERT, Anna DARLING, Chris DESMOND, Catalina DEVANDAS AGUILAR, Kirsten DI MARTINO, Lesley DU TOIT, Malcolm EVANS, Louise FORDE, Florence GASPAR, Barry GOLDSON, María GÓMEZ-CARRILLO DE CASTRO, Mariette GRANGE, Isabelle GUITARD, Helen GRIFFITHS, Zita HANSUNGULE, Kristen HOPE, Nathan HUGHES, Taghreed JABER, Emilia JANCA, Alex KAMAROTOS, Deirdre KELLEHER, Ursulla KILKELLY, Stuart A. KINNER, Selma KROPP, Aniruddha KULKARNI, Wiebke LAMER, Benjamin LEWIS, Bernd LIEDL, Ton LIEFAARD, Laura LUNDY, Siobhan MCALISTER, Simon MCMAHON, Benyam Dawit MEZMUR, Vitit MUNTARBHORN, Fatou NDOUR, Kerry NEAL, Laura PEREZ, Astrid PODSIADLOWSKI, Silvia RANDAZZO, Ariel RIVA, Leo RATLEDGE, Robyn SAMPSON, Helmut SAX, Günter SCHUMACHER, Mirela SHUTERIQI, Ann SKELTON, Louise SOUTHALAN, Alexandra SOUZA MARTINS, Amr TAHA, Meskerem Geset TECHANE, Michelle TEMPLETON, Katharina THON, Kristina TOUZENIS, Laurel TOWNHEAD, George ULRICH, Léa URZEL, Benoit VAN KEIRSBLICK, Alberto VÁSQUEZ ENCALADA, Ann Kristin VERVIK, Huw WILLIAMS, Melissa WILLOUGHBY, Myriam WISCHNEWSKI, Gerrit ZACH
Infographics: Sources accessed as of 30 May 2019 (if not specified otherwise) Cover Page: © Louisa Gouliamaki/AFP via Getty Images
GLOBAL STUDY ON CHILDREN DEPRIVED
OF LIBERTY
Manfred Nowak
November 2019
For All Invisible and Forgotten Children Deprived of Liberty
PREFACES
VII
ACKNOWLEDGMENTS
XII
ABBREVIATIONS AND ACRONYMS
XXVII
INFOGRAPHICS AND INFORMATION BOXES
XXIX
BACKGROUND TO THE GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY
CH1
DEPRIVATION OF LIBERTY IS DEPRIVATION OF CHILDHOOD 2CH2
STUDY PROCESS AND RESEARCH METHODOLOGY14
CH3
DATA COLLECTION AND ANALYSIS32
CONTEXTUALISING CHILDREN’S DEPRIVATION OF LIBERTY
CH4
RIGHT TO PERSONAL LIBERTY58
CH5
VIEWS AND PERSPECTIVES OF CHILDREN DEPRIVED OF LIBERTY 76CH6
IMPACTS ON HEALTH OF CHILDREN DEPRIVED OF LIBERTY114 CH7
CHILDREN WITH DISABILITIES DEPRIVED OF LIBERTY182
CH8
GENDER DIMENSION 222CHILDREN IN VARIOUS SITUATIONS OF DEPRIVATION OF LIBERTY
CH9
CHILDREN DEPRIVED OF LIBERTY INTHE ADMINISTRATION OF JUSTICE
246
CH10
CHILDREN LIVING IN PRISONS WITHTHEIR PRIMARY CAREGIVERS
340
CH11
CHILDREN DEPRIVED OF LIBERTYFOR MIGRATION RELATED REASONS 430
CH12
CHILDREN DEPRIVED OF LIBERTY IN INSTITUTIONS 496CH13
CHILDREN DEPRIVED OF LIBERTYIN THE CONTEXT OF ARMED CONFLICT 564
CH14
CHILDREN DEPRIVED OF LIBERTYON NATIONAL SECURITY GROUNDS 616
CONCLUSIONS AND THE WAY FORWARD
CH15
OVERARCHING CONCLUSIONS AND RECOMMENDATIONS 656APPENDICES
ANNEXES
674
BIBLIOGRAPHY
699
Prefaces
Message from the United Nations Task Force on the Global Study on Children Deprived of Liberty
Five years ago, the General Assembly, following a recommendation by the Committee on the Rights of the Child in accordance with article 45 (c) of the United Nations Convention on the Rights of the Child, invited the Secretary-General to commission an in-depth Global Study on Children Deprived of Liberty. We welcome this Study by the Independent Expert, containing research findings and recommendations for future actions.
We want to thank the Independent Expert, Professor Manfred Nowak, who with the support of the United Nations system, Member States, academia, civil society and children themselves conducted and completed the Global Study.
This year marks the 30th anniversary of the Convention on the Rights of the Child, yet countless children continue to suffer severe violations of their human rights.
Legally, we have a very strong international framework. The Convention on the Rights of the Child, its Optional Protocols, and other international standards provide fundamental guidance to all aspects of deprivation of liberty and even when new issues or concerns emerge, they cannot contradict these protections and guarantees for children. Based on the fundamental principle of the best interests of the child, States are required to absolutely minimise the detention of children, and in some cases prohibit it altogether by developing and applying appropriate non-custodial solutions.
It is our strong hope that this Study will mark a turning point in ending the invisibility and overcoming the vulnerability, stigmatisation and social exclusion of children deprived of liberty. As the research confirms, these children are often neglected by policies and data in countries around the world.
Indeed, some of the key findings and recommendations of the Study relate to unavailability of comprehensive data, which is vital to understand the scope of the deprivation of liberty of children globally, as well as to assess the progress made as a result of policy changes. Sadly, the saying that
“the ones who are not counted do not count” reflects well the harsh reality of children deprived of liberty.
This situation is very far from the promise “to leave no one behind” in the 2030 Agenda for Sustainable Development. For this reason, we call on all of us to put these children first.
For children deprived of liberty achieving the Sustainable Development Goals are essential: Goal 1 on poverty eradication, which is a significant risk factor for deprivation of liberty; Goal 3 on health;
Goal 4 on education; and very importantly, Goal 16 on access to justice, prevention and protection of children from violence and legal identity. Investing in these areas will decrease the number of children deprived of liberty while improving the conditions for those who still are.
Recognising that this issue cuts across the Sustainable Development Agenda, a UN Inter-Agency Task Force on the Global Study was established as a platform to provide UN system-wide support to the development of the study. The Task Force consisted of the Special Representative of the Secretary-General on Violence Against Children (Chair), the Special Representative of the Secretary- General for Children and Armed Conflict, the Committee on the Rights of the Child, the Office of the High Commissioner for Human Rights, the Office of the High Commissioner for Refugees, the United Nations Office on Drugs and Crime, the International Organization for Migration, the World Health Organization and the United Nations Children’s Fund.
The Study provides an overview of the situation of children deprived of liberty worldwide. It includes valuable examples from States of policy options related to restorative justice, diversion, alternatives to migration detention and de-institutionalisation of children.
The deprivation of liberty of children can and should be prevented. It is not only the responsibility of Member States, but of the wider society. The United Nations supports these efforts wholeheartedly.
Children of the world deserve this, and much more.
Najat Maalla M’jid
Special Representative of the UN Secretary-General on Violence against Children on behalf of the UN Task Force
Message from the Advisory Board of the Global Study
The Global Study Advisory Board is made up of a diverse range of experts from academia and practice, from all continents and multiple fields of expertise, several of whom rolled up their sleeves and got involved in the work of the Study.
Professor Manfred Nowak held three expert meetings with the Advisory Board – and many individual discussions with individual members on their points of expertise - and it was through this process that the content and structure of the Study was shaped. The special ‘something new’ that the Global Study presents is that it encompasses a range of contexts where children are deprived of their liberty, beyond the usual terrain of children in the administration of justice. The inclusion of the six thematic areas was controversial in some respects, even the Advisory Board grappled with it.
Children in prison with caregivers, for example – did they belong in the Study? There are arguments in favour of them remaining with their caregiver, at least whilst that is in their best interests, but adopting sentencing policies which aim to keep caregivers out of prison, as well as their conditions of detention, are also important questions to consider.
Children in institutions was another contentious issue. While some felt that including them created confusion between alternative care and institutionalisation, those who have seen children in institutions know that they are often, both legally and factually, deprived of their liberty. It would have been a travesty to leave them out.
For States, migration detention and children detained in the context of armed conflict and national security probably seemed sensitive issues to provide information through questionnaires for the Global Study. But no State can deny that these are the new frontiers of children’s detention.
The current news cauldron bubbles with stories about child migrants separated from parents, unaccompanied migrant children detained, babies of foreign fighters held in camps, children being charged in contexts of counter-terrorism.
The Study also included a number of cross-cutting chapters, focussing on child participation, disability, gender and health – some may ask why only these? What about indigenous children and children of minorities, for example, who are often overrepresented in detention? The answer is that there is much work still to be done, and this study provides a springboard.
Indeed, there are many old and new problems to be tackled, and this Global Study is much more than a litany of the suffering of children. It also sets out clear recommendations for change, and illustrates how change can be achieved through positive examples from a range of countries. From the outset, it was understood by the Advisory Board that the Global Study will not, itself, set children free. The Study provides the base-line, the ‘how to’, the launching pad – but it is the concerted effort of everyone: States, NGOS, academia, professional bodies, UN agencies, treaty bodies and special procedures, that will open the doors.
Professor Ann Skelton Sir Malcolm Evans KCMG UNESCO Chair: Education Law in Africa Professor of International Law University of Pretoria, South Africa University of Bristol, United Kingdom
Member, UN Committee on the Rights of the Child Chair, UN Subcommittee for Prevention of Torture Chair, Global Study Advisory Board Vice-Chair, Global Study Advisory Board
Civil society organisations working to promote and protect the rights of children have witnessed first-hand how children’s lives are damaged by detention and confinement. Whether we work on administration of justice, children in the context of migration, children with disabilities, or children and armed conflict, we have seen that far too many children around the world are detained arbitrarily, illegally, and unnecessarily. This deprivation of liberty not only causes great harm to children, but also incurs enormous costs for society.
Since the Convention on the Rights of the Child was adopted in 1989, States have made significant gains in implementing the rights of the child. Progress is lagging, however, when it comes to the Convention’s requirements regarding deprivation of liberty. Too often, detention is used as the first response to perceived problems, rather than the last resort and for the shortest appropriate period of time, as Article 37b of the Convention prescribes. Non-custodial solutions are often underutilised or greatly lacking.
Over 170 non-governmental organisations around the world have worked to support the Global Study on Children Deprived of Liberty and Professor Nowak’s efforts to expose the scope and impact of deprivation of liberty on children. We have contributed our research, consulted with children, mobilised Government support, served on the Study’s Advisory Board, and participated in or even organised some of the Study’s expert, regional, and thematic consultations.
We believe that like previous UN studies on children, this Study can have a powerful catalytic effect by assessing the reality of the current situation, identifying effective solutions to detention, and providing a roadmap to change. We hope that it will prompt new laws, policies, and practices and help States dramatically reduce the number of children behind bars and locked doors.
We are grateful to Professor Nowak and his team for their tireless efforts. We also warmly thank the members of the Advisory Board, as well as all the members of the NGO Panel who contributed their time on a pro bono basis to support the Study and to make it happen.
We know that this Study is only the beginning of a process. We are committed to work with Member States, the United Nations, and other stakeholders to implement the Study’s recommendations.
We are committed to a future where no child is deprived of liberty and all children can live to their fullest potential.
Jo Becker Alex Kamarotos
Children’s Rights Advocacy Director Executive Director
Human Rights Watch Defence for Children International
Co-Chair, Global Study NGO Panel Co-Chair, Global Study NGO Panel
Message from the Independent Expert
More than seven million children worldwide are in fact deprived of liberty per year. They are detained in settings such as prisons, pre-trial detention centres, police custody, migration detention centres and institutions of all kinds, including institutions for children with disabilities. Still a conservative estimate, this figure stands in direct contrast to the requirement of the Convention on the Rights of the Child, which clearly states that the detention of children shall be used only as a measure of last resort.
This means that children shall be deprived of liberty only in exceptional circumstances on a case by case basis if non-custodial solutions are really not available or appropriate. Although some progress has already been achieved in recent years, it is evident that much more needs to be done in terms of deinstitutionalisation, diversion, ending migration-related detention and other measures in order to comply with the Convention. This is crucial since children under all circumstances have to be protected from the traumatic experiences detention settings inevitably create.
It is our responsibility to give children in detention back their childhood. Children have a right to grow up safe and surrounded by love – if not in their own family, then in a family-type setting. States have a corresponding obligation to support the family, which is the natural and fundamental group unit of society responsible for the care and education of dependent children. Where children are unable to remain with their families, States must make it a matter of priority to invest much more than is currently the case in effective child welfare systems that provide non-custodial alternatives to the deprivation of liberty in numerous settings including institutions, migration detention or in the context of the administration of justice. It remains an undeniable fact that children deprived of liberty are invisible to the large majority of society and their fate constitutes the most overlooked violation of the Convention.
This Global Study on Children Deprived of Liberty is the result of a highly participatory process involving many different stakeholders, including States, UN agencies, regional organisations, civil society, academia and children. I am deeply grateful to hundreds of individuals who contributed to this Global Study, usually on a pro bono basis, from within Governments or National Human Rights Institutions, as members of the UN Inter-Agency Task Force, the Advisory Board, the NGO-Panel or various research groups, which had been established for preparing the different chapters of the Global Study. Crucially, I want to thank all the children who participated in our consultations all over the world and whose invaluable views informed and enriched this Global Study.
Finally, I wish to pay particular tribute to two individuals from the coordination team in Vienna, who achieved so much with so little: Georges Younes, the Study Manager, and Manu Krishan, the Study Coordinator, for their tireless efforts and their constant support and encouragement during the entire process of this exciting, but also highly challenging endeavour. Together, we hope that this Global Study (which needs a comprehensive follow up by States, the United Nations and other stakeholders), will constitute a turning point in the lives of millions of children, make the invisible visible and start a process of liberating children from detention. In achieving this goal, it will foster the aims of the ‘Agenda 2030’, which strives to end violence against children and to leave no one behind, and in particular no child behind bars.
Manfred Nowak
Independent Expert leading the UN Global Study on Children Deprived of Liberty Secretary General, Global Campus of Human Rights
Professor of International Human Rights, University of Vienna
The Global Study on Children Deprived of Liberty has benefited from the support of numerous actors and key stakeholders. I wish to thank hundreds of dedicated individuals for their contributions to this global project. Without the indispensable support and contributions from UN Member States, UN Agencies, Academic Institutions, NGOs and many other actors (who all worked for the most part on a pro-bono basis), the Global Study would not have been possible. The contributions of these key players not only made this Study a reality, but also created a new momentum for children’s rights worldwide – in particular for children deprived of liberty.
Friends of the Global Study
My deepest appreciation and gratitude go to all the Member States that have responded to the questionnaire. The information that you provided forms a core element of the Study’s process and has given us invaluable insights into the situation of children deprived of liberty worldwide. Thank you.
I would also like to particularly thank the friends of the Global Study, who supported our work with financial contributions. Without such generous support, it would have been impossible to embark on such a comprehensive and crucially needed research endeavour:
Austria, Germany, Liechtenstein, Malta, Qatar, Switzerland, the European Union, UNICEF, the Right Livelihood Award Foundation and another private foundation.
The friends of the Global Study also include other Governments that have supported the Study throughout this process in particular by hosting regional consultations: Ethiopia, South Africa, Thailand and Uruguay.
Finally, the international law firm DLA Piper provided valuable and appreciated pro- bono services.
UN Task Force Members and Colleagues
I am indebted to all the members of the UN Task Force and several other colleagues at the United Nations. Thank you for your support, insights and unflinching willingness to help make the Study possible:
Special Representative of the Secretary General on Violence against Children (SRSG VAC)
and Chair of the UN Inter-Agency Task Force: SRSG VAC Najat MAALLA M’JID, former SRSG
VAC Marta SANTOS PAIS, Sanna KÄKI and Ann-Kristin VERVIK.
Special Representative of the Secretary General on Children and Armed Conflict (SRSG CAAC): SRSG CAAC Virginia GAMBA, former SRSG CAAC Leila ZERROUGUI, Florence GASPAR, James COOKE, Alessia CHIOCCHETTI and Susanne HEFEKÄUSER.
Office of the High Commissioner for Human Rights (OHCHR): High Commissioner Michelle BACHELET, former High Commissioner Zeid RA’AD AL HUSSEIN, Andrew GILMORE, Kate GILMORE, Craig MOKHIBER, Peggy HICKS, Lene WENDLAND, Imma GUERRAS-DELGADO, Ben MAJEKODUNMI, Ben LEWIS, Thomas FORSTER, Idriss KANE, Gina BERGH, Allegra FRANCHETTI, George ABUALZULOF, Erica POTTS, Marcelo DAHER, Teresa ALBERO, Omar FASSATOUI, Genevieve SAUBERLI, Kwasi YANKEY and most importantly Anna D. TOMASI.
United Nations Office on Drugs and Crime (UNODC): Executive Director Yury FEDETOV, former Deputy Executive Director Aldo LALE-DEMOZ, Valerie LEBAUX, Simone MONASEBIAN, Alexandra SOUZA MARTINS, Anna GUIDICE SAGET, Dayan FARIAS PICON and Sonya Ayesha RAHAMAN.
United Nations Children’s Fund (UNICEF): Executive Director Henrietta FORE, former Executive Director Anthony LAKE, Ted CHAIBAN, Cornelius WILLIAMS, Marie-Pierre POIRIER, Henriette AHRENS, Kirsten DI MARTINO, Kerry NEAL, Lila PIETERS, Doudou LUEMBA, Joanne DUNN, Michaela BAUER, Grace AGCAOILI, Anne GRANDJEAN, Katharina THON, Nicolas SAUVAGE, George ABADJIAN and Vijay Ratnam RAMAN.
United Nations High Commissioner for Refugees (UNHCR): High Commissioner Filipo GRANDI, former Deputy Commissioner Volker TÜRK, Shahrzad TADJBAKHSH, Andrew PAINTER, Scott POHL, Ariel RIVA and Marie HUBERLANT.
United Nations Migration Agency (IOM): Director General Antonio VITORINO, former Director General William Lacy SWING, Amr TAHA, Lorena LANDO, Amanuel MEHARI, Paola PACE and Mirela SHUTERIQI, Kristina TOUZENIS and Ivona ZAKOSKA-TODOROVSKA.
World Health Organization (WHO): Director General Tedros Adhanom GHEBREYESUS, Carina FERREIRA-BORGES and Daniel LOPEZ-ACUNA.
Committee on the Rights of the Child (CRC): Chair Luis PEDERNERA, former Chairpersons Renate WINTER, Benyam Dawit MEZMUR and Jean ZERMATTEN as well as the members Philip JAFFE, Hatem KOTRANE, Gehad MADI and Ann SKELTON.
Office of the Secretary General: Secretary General Antonio GUTERRES, former Secretary
General Ban KI-MOON, Assistant Secretary General Volker TÜRK, former Deputy Secretary-
General Jan ELIASSON, former Under Secretary General Kang KYUNG-WHA and Katarina
MANSSON.
Advisory Board
The Advisory Board has been a constant inspiration throughout the Study. Thank you for your commitment and guidance during the entire process. It is truly very much appreciated:
• Ann SKELTON, Chair of the UN Global Study Advisory Board, Member of the UN Committee on the Rights of the Child and Professor, UNESCO Chair in Education Law in Africa, University of Pretoria (South Africa).
• Malcom EVANS, Vice-Chair of the UN Global Study Advisory Board, Chair of the UN Subcommittee for the Prevention of Torture and Professor of Public International Law, University of Bristol (United Kingdom).
• Jo BECKER, Advocacy director of the Children’s Rights Division at Human Rights Watch (United States).
• Mary BELOFF, Professor, Chair of Criminal Law and Criminal Procedure at the University of Buenos Aires Law School, Faculty of Law (Argentina).
• Pablo CERIANI CERNADAS, Vice Chairperson of the UN Committee on the Rights of Migrants (Argentina).
• Andrew COYLE, Emeritus Professor of Prison Studies at the University of London (United Kingdom).
• Maud DE BOER-BUQUICCHIO, UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography (Netherlands).
• Catalina DEVANDAS AGUILAR, UN Special Rapporteur on the Rights of Persons with Disabilities (Costa Rica).
• Barry GOLDSON, Professor of Criminology and Social Policy, School of Law and Social Justice, University of Liverpool (United Kingdom).
• Thomas HAMMARBERG, former Secretary General of Save the Children and Amnesty International and Former Member of the UN Committee on the Rights of the Child (Sweden)
• Hina JILANI, Former UN Special Representative of the Secretary General on Human Rights Defenders (Pakistan).
• Ursula KILKELLY, Professor and Dean, School of Law, University College Cork, Director of the Child Law Clinic (United Kingdom).
• Ben LEWIS, Human Rights Officer, Migration and Human Rights, OHCHR (United States).
• Ton LIEFAARD, Professor, UNICEF Chair in Children’s Rights at Leiden University, Leiden Law School (Netherlands).
• Usang Maria ASSIM, Senior Researcher Children’s Rights Project, Dullah Omar Institute for Constitutional Law, University of the Western Cape (South Africa).
• Juan MENDEZ, Professor of Law at the American University in Washington and Former UN Special Rapporteur on Torture (Argentina).
• Benyam Dawit MEZMUR, Member and Former Chair, UN Committee on the Rights of the Child and member of the African Committee on the Rights and Welfare of the Child (Ethiopia).
• Vitit MUNTARBHORN, Professor of International Law at Chulangkorn University, Former UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity and Former UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography (Thailand).
• Dainius PURAS, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of health (Lithuania).
• Benoit VAN KEIRSBILCK, Director of the Belgian section of Defence for Children International (Belgium).
• Jean ZERMATTEN, Founder and Director of the International Institute for the Rights of the Child and Former Chair of the UN Committee on the Rights of the Child (Switzerland).
• Leila ZERROUGUI, Special Representative of the UN Secretary-General and Head of the United Nations Stabilization Mission in the Democratic Republic of the Congo and Former UN Special Representative of the Secretary-General on Children and Armed Conflict (Algeria).
NGO Advisory Panel for the UN Global Study on Children Deprived of Liberty
14.1 Co-Conveners
A very special thanks go to the co-conveners Jo BECKER, Human Rights Watch and Alex KAMAROTOS, Defence for Children International for their impactful engagement and impressive coordination of the NGO Panel consisting of 170 NGOs worldwide and for being essential advocates in this global endeavour.
1 The full list of all NGOs part of the NGO Panel can be found in Annex III
Further thanks go to Michael BOCHENEK, Human Rights Watch and Benoit VAN KEIRSBILCK, Anna D. TOMASI and Helen GRIFFITHS, Defence for Children International, for their indipensable support throughout the entire process.
4.2 Core Group
Child Rights International Network (CRIN): Leo RATLEDGE.
Defence for Children International (DCI): Alex KAMAROTOS, Benoit VAN KEIRSBILCK, Anna TOMASI, Isabelle MEENEN, Helen GRIFFITHS, Myriam WISCHNEWSKI, Sasha RICHARDS, Khaled QUZMAR, Riad ARAR, Abdul Manaff KEMOKAI, Norberto LIWSKI, Juan Pedro FUMEIRO, Arwa AL-FAKIH and Helle SANDEN.
Human Rights Watch (HRW): Jo BECKER and Michael BOCHENEK.
International Catholic Child Bureau (BICE): Yao AGBETSE.
International Detention Coalition (IDC): Silvia GOMEZ MORADILLO and Benjamin LEWIS.
International Juvenile Justice Observatory (IJJO).
Penal Reform International (PRI): Taghreed JABER, Azamat SHAMBILOV, Haitham SHIBLI and Nikhil ROY.
Terre des Hommes International Federation (TdH): Kristen HOPE, Cedric FOUSSARD, Yann COLLIOU and Fabrice CREGUT.
World Organization against Torture (OMCT): Gerald STABEROCK, Gabriele REITER, Carolina BÁRBARA and Laure ELMALEH.
4.3 Further Members of the NGOs Panel
Children of Prisoners Europe (COPE): Liz AYRE, Kate PHILBRICK and Ria WOLLESWINKEL.
Global Detention Project (GDP): Michael FLYNN and Mariette GRANGE.
Lumos: Georgette MULHEIR, Alex CHRISTOPOLOUS, Debra JONES, Merel KREDIET, Anna DARLING, Chris CUTHBERT and Nathalie FRANCE.
Quakers United Nations Office (QUNO): Rachel BRETT and Laurel TOWNHEAD.
SOS Children’s Villages: Claudia ARISI and Alan KIKUCHI-WHITE.
4.4. Other NGOs
Child Rights Connect: Stephen LANGTON.
Eurochild: Jana HAINSWORTH and Maria HERCZOG.
Disability Rights International: Eric ROSENTHAL.
Research Groups
5.1 Children Deprived of Liberty in the Administration of Justice
Group Leads: Moritz BIRK and Helmut SAX, Ludwig Boltzmann Institute of Human Rights/
University of Vienna, Austria (member of the Global Campus of Human Rights).
Advisory Board Members: Mary BELOFF, Malcolm EVANS, Barry GOLDSON, Ton LIEFAARD and Ann SKELTON.
The United Nations Focal Point: Alexandra SOUZA MARTINS (UNODC).
NGO Focal Points: Helen GRIFFITHS (DCI) and Leo RATLEDGE (CRIN).
Further contributors: Simon FLACKS, Louise FORDE, Cédric FOUSSARD, Regina JENSDOTTIR, Selma KROPP, Manu KRISHAN, Sarahi Sally KEDGE, Douglas KEILLOR, Christina KUFER, Bernd LIEDL, Tina LORIZZO, García MARTÍNEZ, Lena RADL, Silvia RANDAZZO, Jackie REANUDIN-SIDDALL, Benjamin SCHOLZ, Katarina SIMONOVA, Yannick VAN DEN BRINK, Ann Kristin VERVIK, Myriam WISCHNEWSKI and Gerrit ZACH.
5.2 Children Living in Prisons with their Primary Caregivers
Group Leads: Chiara ALTAFIN, Wiebke LAMER and George ULRICH, Global Campus of Human
Rights Headquarters, Venice, Italy.The United Nations Focal Point: Anna TOMASI (OHCHR).
NGO Focal Points: Elizabeth AYRE (COPE), Rachel BRETT and Laurel TOWNHEAD (QUNO).
Further contributors: Stephen BROWNE, Grace AGCAOILI, Luciano CADONI, Rocío COMAS, Carla FORCOLIN, Louise FORDE, Iva HAUPTFLEISCHOVÁ, Timothy HUANG, Regina JENSDOTTIR, Bernd LIEDL, Nancy LOUCKS, Hannah LYNN, Gehad MADI, Jiří MATUŠKA, Alina-Ramona MIAMINGI, Soe MOE, Sinead O’MALLEY, Kate PHILBRICK, Lia SACERDOTE, Peter SCHARFF SMITH, Santi SIRITHEERAJESD, Francis SSUUBI, Kayla STOLK, Kohnwilai TEPPUNKOONNGAM and Ria WOLLESWINKEL.
5.3 Children Deprived of Liberty for Migration related Reasons
Group Leads: Günter SCHUMACHER and Simon MCMAHON, Joint Research Centre of the
European Commission, Ispra, Italy and Michael BOCHENEK, Human Rights Watch, New York, United States.Advisory Board Members: Pablo CERIANI CERNADAS and Benjamin LEWIS.
The United Nations Focal Points: Ariel RIVA (UNHCR) and Amr TAHA (IOM).
NGO Focal Points: Silvia GOMEZ MORADILLO (IDC) and Mariette GRANGE (GDP).
Further contributors: Robyn SAMPSON, Mirela SHUTERIQI, Kristina TOUZENIS, Astrid PODSIADLOWSKI, Nicola BRANDT, Marc CAPALDI, Michael FLYNN, Timothy HUANG, Bernd LIEDL, Alex KAMAROTOS and Tamás MOLNÁR.
5.4 Children Deprived of Liberty in Institutions,
Group Leads: Ann SKELTON, Zita HANSUNGULE and Lesley DU TOIT, Centre for Child Law at the University of Pretoria, South Africa (member of the Global Campus of Human Rights).
Advisory Board Members: Catalina DEVANDAS AGUILAR, Benyam Dawit MEZMUR, Usang Maria ASSIM and Benoit VAN KEIRSBILCK.
The United Nations Focal Point: Kirsten DI MARTINO and Kerry NEAL (UNICEF).
NGO Focal Points: Alex CHRISTOPOULOS, Chris CUTHBERT, Anna DARLING (Lumos) and Claudia ARISI (SOS Children’s Villages International).
Further contributors: Katharina THON, Chris DESMOND, Helen GRIFFITHS, Maria GÓMEZ, Aniruddha KULKARNI, Alberto VÁSQUEZ ENCALADA, Ann-Kristin VERVIK, Jialin HUANG, David LU, Chunling LU, Anamika SAHA and Kathryn WATT.
5.6 Children Deprived of Liberty in the Context of Armed Conflict and on National Security Grounds
Group Leads: Jo BECKER, Human Rights Watch supported by Kylee DIGREGORIO, Columbia University, New York, United States.
The United Nations Focal Point: James COOKE, Florence GASPAR and Susanne HEFEKAEUSER (SRSG CAAC).
NGO Focal Points: Taghreed JABER (PRI).
Further contributors: Kalliope AGAPIOU-JOSEPHIDES, Anne CHARBORD, Melissa LEFAS, Vanessa MURPHY, Jelena PEJIC, Mary MURPHY, Mara REVKIN, Gabor RONA, Ibrahim SESAY, Isabelle GUITARD, Laura PEREZ, Leo RATLEDGE, Alexandra SOUZA MARTINS, Rachel BRETT, Mark DRUMB and Francesco BRUSCOLI.
5.7 Impacts on Health of Children Deprived of Liberty
Group Leads: Stuart A. KINNER, Murdoch Children’s Research Institute and University of Melbourne, Australia & Huw WILLIAMS, University of Exeter, United Kingdom.
The United Nations Focal Point: Carina FERREIRA-BORGES (WHO).
Further contributors: Rohan BORSCHMANN, Betony CLASBY, Nathan HUGHES, Emilia JANCA, Louise SOUTHALAN, Melissa WILLOUGHBY, Annie CARTER, Cheneal PULJEVIĆ, Alexander LOVE and Rakhi VASHISHTHA.
5.8 Children Deprived of Liberty with Disabilities
Group Leads: Catalina DEVANDAS AGUILAR and Alberto VÁSQUEZ ENCALADA, Office of the Special Rapporteur on the rights of persons with disabilities and María GÓMEZ-CARRILLO DE CASTRO, NUI Galway, Ireland.
Advisory Board Members: Ann SKELTON.
Further contributors: Emily CUKALEVSKI and Léa URZEL.
5.9 Gender Dimension
Group Leads: Kalliope AGAPIOU JOSEPHIDES, University of Cyprus and Fatou NDOUR, Association of Women Lawyers of Senegal & Ludwig Boltzmann Institute of Human Rights/University of Vienna (members of the Global Campus of Human Rights).
Advisory Board Member: Vitit MUNTARBHORN.
The United Nations Focal Point: Meskerem Geset TECHANE (UN Working Group on the issue of discrimination against women in law and in practice – WGDAW).
Further contributors: Reina-Marie LOADER, Łukasz SZOSZKIEWICZ and Georges YOUNES.
5.10 Views and Perspectives of Children Deprived of Liberty
Group Leads: Kristen HOPE, Terre des Hommes and Laura LUNDY, Centre for Children’s Rights, Queen’s University Belfast, Northern Ireland, United Kingdom (member of the Global Campus of Human Rights
Advisory Board Member: Ursula KILKELLY.
The United Nations Focal Point: Kerry Neal (UNICEF).
Further contributors: Louise FORDE, Deirdre KELLEHER, Siobhan MCALISTER, Michelle TEMPLETON, Grace AGCAOILI, Deepak Kumar BARUAH, Lindelwa DIAMINI, Mbuso SIGUDLA, Ekaterina TARANCHENKO, Jaime TRAVERS and Anna UDIAROVA.
Child Consultation Facilitators: Sayed Abdul AALA, Salma ABU DAHI, Rawan ABU SHAIKHA,
Abdul Aziz AZIZI, Safa Al MORSY, Christelle ANTONETTI, Liliana ASTRAHAN, Lucia Escudero
BANDA, Yann COLLIOU, Paulami DE SARKAR, Mariama DIALLO, Aissata DIARRA, Alassane DIARRA,
Mariama DIENG, Marie DUPRET, Julie DURAND, Mihai ENACHE, Cedric FOUSSARD, Marta GIL,
Orinda GJONI, Amsatou GUEYE, Diana Milena HERRERA, Kristen HOPE, Fjolla HOXHA, Maxime HUGUEUX, Albana IZETI, Laura JACQUES, Sadaqatullah JAWAD, Rasmata KABORE, Kariman KAMAL, Emile KOTEMBADOUNO, Elvis MACELLARI, Elham MAHMOUD, George MATU, Djakalia OUATTARA, Félix Roberto PENA, Tassere PORGO, Taghrid Mazen QTAICHAT, Hedayatullah RAMEEN, Teodora REBEJA, Juan Roberto RENIGFO, Zahra REZAIE, Juan Manuel SANDOVAL AYALA, Hamath SOW, Eleni STRATI, Obada TAEEM, Sira TALL, Yoann THINES, Hamidou TOURE and Jefferson Rojas VARGAS.
Children
I would like to use this special opportunity to thank each of the 274 children and young persons we interviewed in 22 countries. Without your contributions and insights this Global Study would not be complete.
Regional Entities
African Union (AU) in cooperation with the African Child Policy Forum (ACPF): Benyam Dawit MEZMUR, former Executive Director Assefa BEQUELE, Sarah GUEBREYES and Eskedar BEYENE.
Association of South-East Asian Nations (ASEAN): Kattiya RATANADILOK (representative of the Thai Ministry of Justice).
Council of Europe (CoE): Coordinator on the Rights of the Child Regina JENSDOTTIR, Tatiana TERMACIC, Maren LAMBRECHT and Jackie RENAUDIN-SIDDALL.
European Commission (EC): Director of Fundamental Rights and Rule of Law at DG JUST Emanuel CRABIT, Coordinator for the Rights of the Child Valeria SETTI, former Coordinator Margaret TUITE, Marta KULJON, Marta TARRAGONA-FENOSA, Günter SCHUMACHER and Simon MCMAHON.
EU Fundamental Rights Agency (FRA): Director Michael O´FLAHERTY, Astrid PODSIADLOWSKI, Maria Amor MARTIN ESTEBANEZ and Tamás MOLNÁR
Common Market of the South (MERCUSUR): Director of Research and Information Management Javier PALUMMO.
Organization for Security and Co-operation in Europe (OSCE) and Office for Democratic
Institutions and Human Rights (ODHIR): Head of the Austrian Chairmanship Christian
STROHAL, Jürgen HEISSEL, Julia HAAS, Victoria SCHMID (OSCE), Director of ODHIR Ingibjörg
Sólrún GÍSLADÓTTIR, First Deputy Director Katarzyna GARDAPKHADZE, Omer FISHER,
Stephanie SELG and Pavel CHACUK (ODHIR).
National, Regional and Thematic Consultations for the Global Study
I would like to thank the Governments of Thailand, Ethiopia, South Africa and Uruguay for having hosted consultations in the framework of the Global Study.
Detention of Children in Social Welfare Institutions (Committee of Ministers of the CoE), September 2017, Prague, Czech Republic: Hana JAMRICHOVÁ (Czech Chairmanship).
Human Dimension Seminar on the Rights of the Child (OSCE), October 2017, Warsaw, Poland:
Jürgen HEISSEL, Julia HAAS, Victoria SCHMID and Stephanie SELG.
EU Forum on the Rights of the Child (EC), November 2017, Brussels, Belgium: Margaret TUITE and Thomas FORSTER.
Regional Consultation for South East Asia (ASEAN / Thai Ministry of Justice), May 2018,
Bangkok, Thailand: Grace C. AGCAOILI, Kattiya RATANADILOK Wimolrat RATCHUKOOL, AnchaleeARAMRUN, Valerie WAYTE, Emma DAY, Nicola BRANDT, Gary RISSER, Selvi SUPRAMANIAM, Vanna LIM, Teona ASLANASHVILI, Noriko IZUMI, Santi SIRITHEERAJESD, Natcha CHUTINTHARARUK and Paisit PUSITTRAKUL.
High Level Event at the World Congress on Juvenile Justice (AIMJF / CRIN / DCI / IGO / PRI / TdH / UNESCO), May 2018, Paris, France: Cedric FOUSSARD, Kristen HOPE, Taghreed JABER, Avril CALDER, Fabrice CREGUT and Marie DUPRET.
Regional Consultation for the African Continent (ACPF), May 2018, Addis Ababa, Ethiopia:
Sarah GUEBREYES, Eskedar BEYENE, Meskerem Geset TECHANE, Idriss KANE, Alex KAMAROTOS, Anna D. TOMASI, Benoit VAN KEIRSBILCK and Helen GRIFFITHS.
Thematic Consultation on Deprivation of Liberty of Children in Institutions (Centre for Child Law/UP) July 2018, Pretoria, South Africa: Ann SKELTON, Zita HANSUNGULE and Lesley DU TOIT.
National Consultation with Serbian Institutions (Belgrade Centre for Human Rights), September 2018, Belgrade, Serbia: Programme Director Vesna PETROVIC.
National Consultation with United States based NGOs (Justice Lab, Columbia University), October 2018, New York, United States: Jo BECKER, Anna DARLING, Helen GRIFFITHS, Elizabeth CLARKE, Ian KYSEL, Liz RYAN & Robert SCHWARTZ
Regional Consultation for the Mercosur Region (MERCOSUR), October 2018, Montevideo,
Uruguay: Juan FUMEIRO, Juan Miguel PETIT and Mary BELOFF.Regional Consultation for the Arabic-speaking MENA Region (OMCT), November 2018, Tunis,
Tunisia: Gabriele REITER, Mohamed MZEM, Safa ECHTIOUI, Saida MBAREK and George ABADJIAN.Regional consultation for parts of the Caribbean Region (ISPCAN) and Regional UN Offices (OHCHR), December 2018, Montego Bay, Jamaica: Co-Chairs Diahann GORDON HARRISON (National Rapporteur on Trafficking in Persons, Jamaica Office of the Children’s Advocate) and Kevin LALOR as well as Myriam CARANZANO-MAITRE, Philip JAFFE, George ABUALZULOF and Bruno POUEZAT.
Global Study Students
Further recognition and thanks goes to the Students of all Regional Human Rights Master Programs within the Global Campus of Human Rights and the Vienna Master of Arts in Human Rights at the University of Vienna who dedicated their Master thesis on topics relating to the Global Study: Heidy Melissa ARANGO, Elisabeth BISCHOFREITER, Angela BOKIAS FERNANDEZ-CANADAS, Natasha BURSAC, Alaine CARILLO, Cécile COILLOT, Andrea Nomdedeu DÍAZ-VALERO, Quim GENÍS PELLEJÀ, Reina-Marie LOADER, Lazar STEFANOVIĆ, Imke STEIMANN, Louise SUAMEN, Milana TODOROVIĆ, Rozelien VAN ERDEGHEM and Rakan ZAHDA.
Trainees, Interns and Volunteers
A big thank you goes to the invaluable, hard-working and engaged trainees, interns and volunteers who supported the Global Study endeavour: Elizabeth AVILA GONZALEZ, Hugo BITTENCOURT, Zoe BÜLOW, Ryan LEE and Alexander SAUCO MERIKAETXEBARRIA.
Global Study Database
I would like to thank our database developers from Tutator, who saw the potential of the Global Study: Gilles and Marie CONCORDEL, Denis CONCORDEL, Marcelo REYES and Rafael Rolando VILLEGAS.
Global Campus of Human Rights
Without the support of the academic institutions that I am most directly affiliated with,
there would have been no Global Study on Children Deprived of Liberty. As Secretary
General of the Global Campus of Human Rights, I could rely not only on the research
staff of its headquarters in Venice, but also on a global network of roughly a hundred
universities, many of which were actively involved in the preparation of the Study. Together
we organised an expert meeting in March 2017 in Venice, which resulted in the Global Study
in the formation of the 10 previously mentioned research groups and enabled the Advisory Board to convene. In March 2019, we organised a final expert meeting in Venice, where the drafts of the research groups were presented and reviewed. Furthermore, key budgets for the implementation of the Global Study were raised and managed by Global Campus teams in Vienna and Venice. In this respect, I wish to express my sincere gratitude to the following colleagues in Poznan, Pretoria, Venice, and Vienna:
Global Campus Headquarters in Venice, Italy President: Zdzisław KĘDZIA.
Chair: Veronica GOMEZ.
Administrative Director: Elisabetta NOLI.
Academic Director: George ULRICH.
Executive Assistants: Anna ZENZ & Anna STEINER.
Research Department: Chiara ALTAFIN & Wiebke LAMER.
Financial Managers: Luigi COMACCHIO & Luca FANTINEL.
Communications Manager: Elisa AQUINO.
General Services: Alessandra SILANOS & Enrica LOT.
Online Department: Angela MELCHIORRE & Manuela PEGORARO.
IT Officer: Nicola TONON.
Children’s Rights Coordinator: Reina-Marie LOADER.
Center for Child Law, University of Pretoria, South Africa Chair of the Advisory Board and former Director: Ann SKELTON.
Director: Karabo OZAH.
Children’s Rights Coordinator: Zita HANSUNGULE.
Advisor: Lesley DU TOIT.
Ludwig Boltzmann Institute of Human Rights / University of Vienna, Austria Scientific Co-Director: Hannes TRETTER.
Administrative Directors: Fiona STEINERT and Patricia MUSSI-MAILER.
Financial and Administrative Management: Margit BRAUN, Martin NEUBAUER, Isolde PROMMER and Karl SCHÖNSWETTER.
Vienna Master of Arts in Human Rights: Marijana GRANDITS and Sabine MANN.
Child Rights Expert and Global Study Advisor: Helmut SAX.
Head of Department ‘Human Dignity and Public Security’ / Research Group Lead: Moritz BIRK.
Global Study Management and Coordination Team
Study Manager and Executive Editor: Georges YOUNES, Ludwig Boltzmann Institute of Human Rights and University of Vienna.
Study Coordinator and Assistant to the Independent Expert: Manu KRISHAN, Ludwig Boltzmann Institute of Human Rights, Office of the High Commissioner for Human Rights and Global Campus of Human Rights.
Data Coordinator: Łukasz SZOSZKIEWICZ, Adam Mickiewicz University and Ludwig Boltzmann Institute of Human Rights.
The Global Campus of Human Rights, the Ludwig Boltzmann Institute of Human Rights and the University of Vienna deserve special thanks, since they offered unwavering support throughout the process. I thank every individual involved for always believing in the project, being understanding, patient and supportive in difficult times as well as for being willing to go the extra mile.
Editorial and Coordination Team
A publication is nothing without its editorial team. Special thanks therefore go to the Data and Editorial Team of the Global Study, who have all spent countless hours in order to make this publication become a reality. The many sleepless nights, weekend sessions and bottomless coffees have not gone unnoticed. I deeply appreciate the commitment you have shown!
I am grateful to Getty Images, Terre des Hommes and Richard ROSS for providing their powerful images to the Global Study, shedding light on the invisible reality... the invisible reality of children deprived of liberty visible.
I wish to thank the entire design team at MESSAGGIO for your tireless efforts, your beautiful work and your companionship in this endeavour. For this I especially thank Delphine PETIT, Richard PETIT, Veronique PEYTAVIN, Florence SAULNIER, Félicia BECHET and Franck VASSEROT.
A big thank you goes to the Study’s infographics designer, Ralf RICKER. Many thanks
for having jumped into the cold water and believing in the cause. Thank you for having
accepted our innumerable changes and requests during the development of the Study and
its crucial editing phase. We are honoured to have had you and your artistic prowess with
us on this journey.
I would like to express a very special thanks to the Chair of the Advisory Board, Ann SKELTON. You have been a constant companion and inspiring guide in the Global Study research and advocacy. We highly appreciated and enjoyed having you in spring of 2018 in Venice at the Global Campus and we benefitted tremendously from your presence and your indispensable advice on many chapters. Thank you for enriching the Global Study on Children Deprived of Liberty.
My deep gratitude goes to Anna D. TOMASI, the Global Study Advisor at the OHCHR, for her elegant and diplomatic liaison between all UN Member States, the UN Task Force and the Coordination Team. Throughout the entire Global Study process, you were my closest and most entrusted UN colleague and I thank you for your endless, inspiring and indispensable support. Already as Global Study Attaché of the NGO Panel you were advocating for the Global Study right from the very beginning in 2014. The UN Global Study would not be where it is today, if it weren’t for you!
Another big thank you goes to the Co-Editor of the Global Study, Reina-Marie LOADER, for your radiant positivity, your admirable ethics and your inspiring motivation. Your involvement in the Global Study is impressive and manifold from dedicating your master thesis at the Vienna Master of Arts in Human Rights on the deprivation of liberty of children in South Africa, to coordinating the child rights activities at the Global Campus of Human Rights in cooperation with the Right Livelihood Foundation, to co-editing the Study. The flexibility but, even more so, the enthusiastic approach with which you were able to work on the Study is remarkable. Your artistic skills and research contribution added significantly to the Study. Your work was indispensable and you are deeply appreciated!
I am particularly grateful to the Data Coordinator of the Global Study, Łukasz SZOSZKIEWICZ.
You initially came as a guest researcher to the Global Study project for 6 weeks in March 2017. Your talents have impressed the entire Global Study Team, so that we just could not let you go. You have so skilfully supported the coordination of the expert meetings but I am even more impressed with the efficiency and creativity with which you coordinated the entire analysis efforts of the Global Study questionnaire responses. In parallel, you created the data analysis models used in the Study and were the main liaison to the database developers. Your research was essential for the success of the Global Study and you are an integral and indispensable part of the team! Thank you!
I would like to express special thanks to my two closest colleagues who accompanied me during the entire journey of the Global Study preparation, coordination and implementation:
I wholeheartedly thank the Study Coordinator and my assistant Manu KRISHAN for everything
you have done. You have come into the project and you have amplified its potential. Your
dedication to working in the service for and with children is inspiring. The Global Study
without you is simply unimaginable and your involvement will without a doubt benefit so many children worldwide. Thank you for coordinating the research groups, complex missions and consultations across the globe from Bangkok to Pretoria, and for setting up diplomatic meetings from Geneva to New York. Your knowledge on children’s rights and project management has enriched the Study in so many ways. I thank you also for being a central force during the conceptualisation of the research process and the promotion of the child participation component. You have been instrumental in developing the global dissemination strategy and process which will be vital in the implementing of the recommendations. So many people, of which I am one, have been positively affected by your clear motivation and commitment. On a personal note, working with you is not only a pleasure, but it is also a source of constant enrichment as you have been a great colleague. Lastly, I want to thank you for your deep belief in making the world a better place for children!
Finally, I would like to express my deepest gratitude to the Executive Editor of the Study and the Study Manager Georges YOUNES. You have been the source of positivity for this Study. When I was appointed as Independent Expert in the autumn of 2016, you were the first person to stand with me. Thank you for embarking on this adventure together. You more than anyone else know what it meant to fundraise for the Study and to fight to keep it alive. Your engagement in this regard as well as your commitment to children’s rights will never be forgotten. Thank you also for taking the leading role in so many crucial aspects of the Study, including the development of the questionnaire and the organisation of all expert meetings and various consultations around the world from Vienna to Venice and Addis Ababa to Tunis. Heartfelt thanks for your unwavering dedication to managing the multifaceted editing process. It is not often that one has the honour to work with someone who never loses faith in a project – even in those moments when I myself had doubts. You managed the whole Global Study team, scattered across all world regions, with a respectful professionalism that is to be admired. Your humble yet confident manner is something one finds only rarely. I am not the only person who would say that you inspire people, thereby getting the best out of them. It has to be said also that the skill with which you approached the management of a global project that had to be developed under very challenging circumstances is astonishing. You are very appreciated and trusted by all your colleagues and I could not think of a better person to having entrusted this responsibility with. Without you there would have been no Global Study on Children Deprived of Liberty.
On this occasion, I would also like to thank your wonderful wife Gabriella, who has stood by your side for all these years and has been your source of comfort and energy.
Last but not least, I would like to thank my family for their unconditional love, endless
support and continued patience during this demanding and challenging project. This
Abbreviations and Acronyms
ACHPR - African Charter on Human and Peoples’ Rights
ACRWC - African Charter on the Rights and Welfare of the Child ACHR - American Convention on Human Rights
Arab Charter - Arab Charter on Human Rights
Beijing Rules - UN Standard Minimum Rules for the Administration of Juvenile Justice CAT – UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CEDAW – UN Convention on the Elimination of all Forms of Discrimination against Women CERD – International Convention on the Elimination of all Forms of Racial Discrimination CFR - Charter of Fundamental Rights of the European Union
CMW – International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
CoE - Council of Europe
CRC - UN Convention on the Rights of the Child
CRPD - UN Convention on the Rights of Persons with Disabilities ECHR - European Convention on Human Rights
ECtHR - European Court of Human Rights EU - European Union
FRA - European Union Agency for Fundamental Rights
Havana Rules - UN Rules for the Protection of Juveniles Deprived of Liberty HRC - Human Rights Council
IACHR - Inter-American Court of Human Rights ICC - International Criminal Court
ICCPR - International Covenant on Civil and Political Rights
ICESCR – International Covenant on Economic, Social and Cultural Rights
ICRC - International Committee of the Red Cross
ICTY – International Criminal Tribunal for the former Yugoslavia IE - Independent Expert
ITR - International Tribunal for Rwanda IOM - International Organization for Migration
Nelson Mandela Rules - UN Standard Minimum Rules for the Treatment of Prisoners OHCHR - Office of the High Commissioner for Human Rights
OPAC - Optional Protocol to the UN Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
OPCAT - Optional Protocol to the UN Convention against Torture
OPIC - Optional Protocol to the UN Convention on the Rights of the Child on a Communications Procedure
UNGACC - UN Guidelines for the Alternative Care of Children UNHCR - United Nations High Commissioner for Refugees UNICEF - United Nations Children’s Fund
UNODC - United Nations Office on Drugs and Crime
Riyadh Guidelines - UN Guidelines for the Prevention of Juvenile Delinquency Tokyo Rules - UN Standard Minimum Rules for Non-custodial Measures SCSL - Special Court for Sierra Leone
SRSG CAAC – UN Special Representative of the Secretary-General on Children and Armed Conflict
SRSG VAC – UN Special Representative of the Secretary-General on Violence against Children
Vienna Guidelines - Guidelines for Action on Children in the Criminal Justice System WGAD – UN Working Group on Arbitrary Detention
WGDAW – UN Working Group on the Issue of Discrimination against Women in Law and in Practice
WHO - World Health Organization
CH2 STUDY PROCESS AND RESEARCH METHODOLOGY
• Timeline of the Global Study (2014-2019) 18
• Global Study Organigram 23
• Pillars of the Research Process 26
• Table of all Global Study National, Regional and Thematic Consultations 30
• The Global Study Research Endeavour on a Map 31
CH3 DATA COLLECTION AND ANALYSIS
• Countries and Territories that submitted Responses to the Global Study Questionnaire 36
• Process of Data Analysis 40
• Information Box on Child Freedom Index 43
• Obligations of States at every Stage of the Data Cycle 51
• Different Actors in the Data Cycle 54
CH4 RIGHT TO PERSONAL LIBERTY
• Ratification of International and Regional Treaties Protecting the Right to Personal liberty 62-63
• International and Regional Legal Instruments Protecting the Right to Personal Liberty 66
CH5 VIEWS AND PERSPECTIVES OF CHILDREN DEPRIVED OF LIBERTY
• Designing a Research Methodology for Consultations with Children 83
• Interviewing Children Deprived of Liberty 85
CH6 IMPACTS ON HEALTH OF CHILDREN DEPRIVED OF LIBERTY
• A Rapid Literature Review on the Health of Children Deprived of Liberty 129
• Most Common Health Problems of Children Deprived of Liberty in the Justice System 138
• The Observed Negative Impact of Institutional Care on the Health of Children 154
• How to Improve the Health of Children who are at Risk and/or Deprived of Liberty? 179
Infographics and Information Boxes
CH7 CHILDREN WITH DISABILITIES DEPRIVED OF LIBERTY
• Share of Children with Disabilities in Institutions 188
• Share of Children with Disabilities Living in Institutions in Selected Countries (map & list) 190
• Risk of Violence for Children with Disabilities 200
• Provisions on Deprivation of Liberty in the CRC and the CRPD 204
• State Obligations Towards Ending the Deprivation of Liberty of Children with Disabilities 214 CH8 GENDER DIMENSION
• Share of Boys and Girls in all Situations of Deprivation of Liberty 226
• Share of Boys and Girls at Different Stages of the Child Justice System 229
• Most Common Reasons Why Girls are Detained 231
• Contexts leading LGBTI Children into Detention 241
CH9 CHILDREN DEPRIVED OF LIBERTY IN THE ADMINISTRATION OF JUSTICE
• Number of Children Detained in the Administration of Justice 251
• Regional Imprisonment Rate of Children 262
• Girls in Detention 273
• Pathways to Deprivation of Liberty 274
• Minimum Ages of Criminal Responsibility Worldwide 280
• Death Penalty and Life Imprisonment Sentences for Children 291
• Diversion from Detention at Different Stages of the Justice System 312 CH10 CHILDREN LIVING IN PRISONS WITH THEIR PRIMARY CAREGIVERS
• Number of Children living in Prison with their Primary Caregiver 343
• Chain of Decisions leading to the Child co-residing with its Primary Caregiver in Prison 350
• Age Limits for Children living in Prison with their Primary Caregivers 364
• Known States that allow Children to co-reside in Prison with their Fathers 389
• How to Minimise Harm of Children whose Caregivers are Deprived of Liberty 423
CH11 CHILDREN DEPRIVED OF LIBERTY FOR MIGRATION RELATED REASONS
• Places where Migrant Children are Deprived of their Liberty 435
• The Use of Migration-related Detention for Children 463
• Number of Children in Migration-related Detention worldwide 465
• Selected Non-Custodial Solutions Implemented by States 489
CH12 CHILDREN DEPRIVED OF LIBERTY IN INSTITUTIONS
• 5.4 million Children living in Institutions are at Risk of Deprivation of Liberty 499
• Global Rates of Institutionalisation of Children 502-503
• International Legal Framework 508
• Pathways to Deprivation of Liberty 519
• Good Practices of Deinstitutionalisation in Central and Eastern Europe & Central Asia 551
CH13 CHILDREN DEPRIVED OF LIBERTY IN THE CONTEXT OF ARMED CONFLICT
• Share of Children living in Conflict Zones in the World 567
• Number of Children deprived of Liberty in the Context of Armed Conflict 568
• Pathways to Detention 578
• Known Countries to detain Children in the Context of Armed Conflict 594
CH14 CHILDREN DEPRIVED OF LIBERTY ON NATIONAL SECURITY GROUNDS
• Worldwide Terrorism Incidents (2008-2017) 619
• Pathways to Deprivation of Liberty 629
• States that were Recommended to Establish or Revise the Legal Definition
of Terrorism on the Recommendation of UN Mechanisms (2007-2018) 635
• Countries known to detain Children on Grounds of National Security 640
CH15 OVERARCHING CONCLUSIONS AND RECOMMENDATIONS
• Number of Children in All Situations of Deprivation of Liberty 661
THE GLOBAL STUDY ON CHILDREN
DEPRIVED OF LIBERTY
CHAPTER 1
DEPRIVATION OF LIBERTY IS
DEPRIVATION OF CHILDHOOD 2 CHAPTER 2
STUDY PROCESS AND
RESEARCH METHODOLOGY 14 CHAPTER 3
DATA COLLECTION
AND ANALYSIS 32
IS DEPRIVATION OF CHILDHOOD
y Images News, detention center for migrants in Bela pod Bezdezem, Czech Republic
When Marta Santos Pais in her function as chair of the UN Inter-Agency Task Force inquired in late summer 2016 whether I would be interested to lead the Global Study on Children Deprived of Liberty, many memories from my time as UN Special Rapporteur on Torture came to the forefront of my mind once more. During the six years of my mandate between 2004 and 2010, I had carried out 18 official fact-finding missions to a broad variety of States in all world regions. Since torture usually takes place behind closed doors, I had used most of my time on mission to carry out unannounced visits to hundreds of places of detention where we conducted confidential interviews with thousands of detainees. I am very grateful to the Governments of these 18 States, for not only inviting me to visit their countries, but also for accepting methods of independent fact-finding. This allowed me to gather a deep insight into the reality of life behind bars.
During these missions, I became witness of unthinkable misery and true suffering. Most difficult to bear was to witness what children behind bars have to endure in many countries of the world. I notably visited and interviewed children in various types of detention facilities, ranging from orphanages to adult prisons. Due to what I discovered during these visits and interviews, I dedicated a section of my 2009 interim report to the General Assembly to
‘children in detention’.
1The situation children face in detention today is as pertinent as it was back during my fact-finding missions. Children deprived of liberty remain particularly vulnerable. Many children fall victim to multiple forms of discrimination due to the fact that they come from poor socio-economic backgrounds, belong to a minority or indigenous group, have a physical or mental impairment or are part of the LGBTI community. Life in prisons and other places of detention usually also follows an invisible social hierarchy, whereby default children find themselves at the bottom (together with other marginalised groups). As such, they are more vulnerable than other detainees to a number of threats rampant in most places of detention – threats including physical, psychological and sexual violence. An additional factor that needs to be considered seriously is that children by virtue of their age have special needs. For instance, children need contact with their families and friends. If these needs cannot be satisfied, they suffer. As children are in their formative years, any form of deprivation of liberty has lasting detrimental effects on their health and development, strongly influencing the rest of their lives.
While considering the offer of the UN Task Force, it was therefore only natural to revisit my memories of the children I met in a ‘children’s home’ in Karaganda (Kazakhstan) – some as young as three. I remember noticing that their heads were shaven. I also found out that
1 Cf. UN General Assembly, Interim Report of the Special Rapporteur on Torture, 3 August 2009, A/64/215, paras. 61-79. See also Manfred
they had been subjected to corporal punishment on a daily basis. Some of these boys were orphans or had been forcibly separated from their parents, others had been living on the streets before being brought there by the police. Some of the older children were addicted to drugs and others were detained for ‘educational purposes’ after having committed some kind of petty offence. They were all placed together and had been subjected to the same harsh regime. I still see the fear in their eyes when we asked them about their daily experiences.
In fact, I had looked into many eyes of children in detention, full of fear and sadness. One of the saddest places was the children’s ward in the psychiatric hospital of Balti (Moldova), where even very young children had been subdued with sedatives. Many of them were lying in their beds all day, completely apathetic and sadly reminiscent of living corpses.
In some countries, the minimum age of criminal responsibility was at the time of my visit still very low. This means that I found children, as young as 8 or 9 years, in pre-trial detention or even in prisons after having been sentenced by a criminal court. In the children’s prison in Lomé (Togo), some of the boys were even confined to their cells for most of the day. In the Kutuarjo juvenile prison in Java (Indonesia), girls were strictly separated from boys.
However, since there was only one girl detained at the time of my visit, she in fact served
Children in an orphanage in Kazakhstan, 2009
her sentence in complete solitary confinement. Nevertheless, corporal punishment as official means to uphold discipline in juvenile prisons equally applied to her. Armadale, a juvenile prison for girls in Jamaica, had become a symbol for structural violence and lack of empathy for detainees. Collective punishments were meted out even for minor breaches of the prison rules, and the girls were routinely locked up in their overcrowded bedrooms and were prevented from taking part in educational and leisure activities. This resulted in a major riot in which many girls were severely burned and seven died. I am still visited by the memory of interviewing some of the badly traumatised survivors.
In Uruguay, the situation of accused and convicted children, who were held in special child detention facilities in extremely poor conditions, was alarming. The system of detention was based on a punitive approach. Children had no opportunities for education, work or any other rehabilitative activity, and the boys were locked up for up to 22 hours a day in their cells. There were no toilets in the cells, which sometimes forced detainees to wait for hours for a guard to let them go to the toilet. At the Piedras Home, which was a very
Children in a child centre in Togo, 2007
