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Chapter 2 Introduction The Ending Violence against Children in Custody project began in February 2011 with the purpose of investigating children’s views about violence in custody and supporting them to campaign for change to create violence-free custodial settings for children and young people. PAGE 8 www.violencefreecustody.org.uk
2.1 Background International law enshrines children’s right to be protected from violence, 8 torture or inhuman and degrading treatment, 9 to be treated with dignity 10 and to have their best interests be made a primary consideration in all matters affecting them. 11 Children are also entitled to participate in decision-making and to have their views given weight in matters that affect them. 12 Children in custody have been recognised by the international community as being particularly vulnerable to human rights abuses, and have rights including: • The right to be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age (UN Convention on the Rights of the Child (CRC), Article 37(c)); • The right to prompt access to legal and other appropriate assistance (CRC, Article 37 (d)); • An obligation on States to take all appropriate measures to promote physical and psychological recovery and social reintegration of child victims of any form of neglect, exploitation or abuse in an environment which fosters the health, self-respect and dignity of the child (CRC, Article 39); • The right to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. (CRC, Article 40). In addition to the provisions in the CRC, several other international rules and regulations govern the treatment of children in custodial settings. 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 13 <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 8 UN Convention on the Rights of the Child, Article 19 9 European Convention on Human Rights, Article 3 and UN Convention on the Rights of the Child, Article 37(a) 10 UN Convention on the Rights of the Child, Article 37 (c) 11 UN Convention on the Rights of the Child, Article 3 12 UN Convention on the Rights of the Child, Article 12 13 Pinheiro, S. P. (2006) World report on violence against children. United Nations General’s Study on Violence against Children 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. Research published in 2008 confirmed the view of the UN Violence Study that violence against children is a particular problem in custodial settings. 14 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. 2.2 The project The Ending Violence against Children in Custody project aims to make progress towards ending violence against children and young people in custody through: • Carrying out legal and policy analysis; • Conducting research with children and young people with experience of custody and seeking their views on how violence in custody can be ended; • Supporting children and young people with experience of custody to campaign for change; • Influencing decision-makers and the custodial workforce. The project was grant funded by the European Commission under the Daphne III programme (2007-13). The Daphne III programme aims ‘to prevent and combat violence against children, young people and women and to protect victims and groups at risk’. 15 It is itself part of the general Fundamental Rights and Justice programme, which supports the development of a European society based on respect for fundamental rights. The project is based on the definition of violence <strong>found</strong> in Article 19 of the CRC which guarantees every child the right to protection from physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse. The Ending Violence against Children in Custody 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. 14 http://www.defenceforchildren.org/files/Violence-Against-Children-in- Conflict-with-the-Law-EN.pdf 15 http://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri=CELEX:32007D0779:en:NOT ENDING VIOLENCE AGAINST CHILDREN IN CUSTODY PAGE 9
Page 1 and 2: speaking freely children and young
Page 3 and 4: Definitions and notes on terminolog
Page 5 and 6: Background International law enshri
Page 7: If you were in charge… • Young
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
Page 55 and 56: children to take part in sports and
Page 57 and 58: 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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