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Chapter 1 Executive Summary Children in custody, like all children, have the right to be free from all forms of violence. This report presents the findings of research carried out with children and young people with experience of custody in five European countries. It is published as part of the Ending Violence against Children in Custody project, coordinated by the Children’s Rights Alliance for England (CRAE) and funded by the European Commission’s Daphne III programme. The Ending Violence against Children in Custody project aims to support and empower children and young people with direct experience of custody to campaign for violence-free custodial settings. It is focused on the direct testimonies of children and young people with experience of custody and provides a platform for them to campaign for change. PAGE 4 www.violencefreecustody.org.uk
Background International law enshrines children’s right to be protected from violence, 1 torture or inhuman and degrading treatment, 2 to be treated with dignity 3 and to have their best interests be made a primary consideration in all matters affecting them. 4 Children are also entitled to participate in decisionmaking and to have their views given weight in matters that affect them. 5 Children in custody have been recognised by the international community as being particularly vulnerable to human rights abuses, yet, despite the existence of a comprehensive international human rights framework, pan- European regulations and domestic legislation in EU Member States, there is significant evidence to suggest that children are regularly subject to violence within custodial settings. The United Nations Study on Violence against Children 6 <strong>found</strong>: Violence against children while in justice institutions… is more common than violence against children placed in institutions solely for the provision of care. Even though there are many overlaps and similarities… the institutional treatment of children regarded as being anti-social or criminal is likely to be more physically and psychologically punitive than that of other groups or in other environments. UN Violence Study Research published in 2008 confirmed the view of the UN Violence Study that violence against children is a particular problem in custodial settings. 7 The Ending Violence against Children in Custody project aims to build upon this evidence. In particular, it seeks to foreground children and young people’s own views and experiences of violence in custody and highlight their recommendations for change. The project The Ending Violence against Children in Custody project aims to make progress towards ending violence against children and young people in custody. The project has two main elements: a research phase – consisting of a desk based legal analysis of the rules governing custody and interviews with children and young people – and a campaigning phase where young people will develop their own campaigns based on the recommendations from their research. The project was coordinated by CRAE and implemented with five European partner organisations: International Juvenile Justice Observatory – Belgium, Defence for Children International – the Netherlands, The Commissioner for Children’s Rights – Cyprus, The Ludwig Boltzmann Institute of Human Rights – Austria and Save the Children – Romania. This report brings together the findings from field research conducted in Austria, Cyprus, England, the Netherlands and Romania and desk-based research into international and European law and policy concerning violence against children in custody led by the International Juvenile Justice Observatory (Belgium). All direct quotations from young people in this report are from the focus groups and interviews carried out in the five partner countries. Where possible, the quotes show age, gender and country. The findings in this report do <strong>not</strong> represent the views and experiences of all young people in custody in the partner countries. Rather, the research sought insights from a range of children with first-hand experience of custody into the extent to which they enjoyed their right to be free from violence whilst in custody, and how realisation of this right could be promoted. The recommendations from young people in each of the partner countries for ending violence against children in custody formed the basis of youth-led campaigns in five of the partner countries. A consolidated campaign report outlining the various campaign activities, achievements and lessons learnt in each of the partner countries will also be published. All project reports will be available through the project website: www.violencefreecustody.org.uk. 1 UN Convention on the Rights of the Child, Article 19 2 European Convention on Human Rights, Article 3 and UN Convention on the Rights of the Child, Article 37(a) 3 UN Convention on the Rights of the Child, Article 37 (c) 4 UN Convention on the Rights of the Child, Article 3 5 UN Convention on the Rights of the Child, Article 12 6 Pinheiro, S. P. (2006) World report on violence against children. United Nations General’s Study on Violence against Children 7 http://www.defenceforchildren.org/files/Violence-Against-Children-in- Conflict-with-the-Law-EN.pdf ENDING VIOLENCE AGAINST CHILDREN IN CUSTODY PAGE 5
Page 1 and 2: speaking freely children and young
Page 3: Definitions and notes on terminolog
Page 7 and 8: If you were in charge… • Young
Page 9 and 10: 2.1 Background International law en
Page 11 and 12: In Austria YIT members were recruit
Page 13 and 14: 2.3 Demographic information A total
Page 15 and 16: 3.1 International human rights trea
Page 17 and 18: • Make sure children can access a
Page 19 and 20: Universal Periodic Review: summary
Page 21 and 22: United Nations Special Representati
Page 23 and 24: Council of Europe Commissioner for
Page 25 and 26: 4.1 What is violence? Summary • V
Page 27 and 28: 4.2 Violence between young people i
Page 29 and 30: feels claustrophobic. This was part
Page 31 and 32: ...And so it depends on how you got
Page 33 and 34: 4.3 Violence in custody between sta
Page 35 and 36: Some young people felt that staff o
Page 37 and 38: people knew what they had been puni
Page 39 and 40: In the juvenile detention centre in
Page 41 and 42: part of the juvenile justice system
Page 43 and 44: Young people in England commented t
Page 45 and 46: e outside and step in if there were
Page 47 and 48: The rules, I understand them and I
Page 49 and 50: There was also a call for people wo
Page 51 and 52: Despite national differences, there
Page 53 and 54: Chapter 6 Conclusions and recommend
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children to take part in sports and
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The following organisations were pa
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The Netherlands: Defence for Childr
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Annex B: Ending Violence against Ch
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Children’s Rights Alliance for En
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