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When United Nations member states ratify the Convention on the Rights of the Child, they take on legal obligations to ensure that children will only ever be arrested, taken to court or held in custody as a very last resort. They undertake to make sure that detained children will be treated as children with respect for their inherent human dignity, and protected from all forms of violence.

The Children's Rights Alliance for England has teamed up with the International Juvenile Justice Observatory (Belgium), DCI-the Netherlands, the Commissioner for Children's Rights in Cyprus, the Ludwig Boltzmann Institute of Human Rights (Austria) and Save the Children Romania to make sure these legal obligations are fulfilled.

Latest

Government action to end violence against children must be 'massively strengthened', says UN Committee on the Rights of the Child

The United Nations Committee on the Rights of the Child's latest General Comment states clearly that children must be protected from all forms of physical and mental violence in all settings. It explains that 'children are at risk of being exposed to violence in many settings where professionals and State actors have often misused their power over children, such as schools, residential homes, police stations or justice institutions'.

This is the 13th General Comment published by the UN Committee and its focus is on Article 19 of the Convention on the Rights of the Child, the child's right to protection from all forms of violence.

Other key points:
  • The Committee's definition of violence includes telling children they are worthless and calling them names and humiliating them
  • Implementing Article 19 is an essential part of promoting and protecting all of the rights in the Convention on the Rights of the Child
  • All forms of violence against children must be banned in all settings, including custody
  • Each child must be respected as 'a valuable human being with an individual personality, distinct needs, interests and privacy'
  • The UN Committee expects governments to widely publicise its General Comment, including directly to parents and children.
We are looking for children and young people (under 18 years) with personal experience of custody to help us find out the views and experiences of other children and young people.

Contact details for all project partners are listed below click here
If you live in England, you can also download our project leaflet.
If you live in The Netherlands, you can also download our project leaflet.

HELP US!
We need help from adults that live, work or volunteer with children and young people who have personal experience of custody. Please spread the word about our project and get in touch if the children and young people you are in contact with would like to be involved in our work.
Custody can be any locked institution where children are held after being charged, convicted or sentenced of a criminal offence.

Some of these institutions are designed to meet children's needs - e.g. with plenty of indoor and outdoor space and excellent education and health facilities. They aim to minimise the trauma and harm of being locked up. They have highly qualified staff that have the time and skills to help turn around children's lives.

Other forms of custody are large, frightening buildings that were once adult prisons and were never designed for children. Although excellent staff can be found in these institutions, these large prison buildings work against preparing children for positive lives after release.

Violence against children can happen in all forms of custody.

The UN Committee on the Rights of the Child says that far too many children are locked up in our countries:

Austria
Total child population: 1.6million
138 children locked up on 11 April 2011
Cyprus
Total child population: 205,000
At the end of January 2011, one convicted juvenile prisoner (male)
ENGLAND
Total child population: 11million
2,127 children locked up on 28 January 2011
romania
Total child population: 4.4million
553 children locked up on 05 April 2011
the netherlands
Total child population: 3.6million
319 children locked up on 01 January 2011
Below we summarise the most recent recommendations of the UN Committee on the Rights of the Child that apply specifically to violence against children in custody in Austria, Cyprus, England, The Netherlands and Romania.

These recommendations should be read alongside the UN Committee on the Rights of the Child's 2007 General Comment on juvenile justice and the recommendations relating to justice settings made by the UN Secretary-General's Study on Violence against Children.

Download the UN Committee on the Rights of the Child's General Comment on juvenile justice http://www2.ohchr.org/english/bodies/crc/comments.htm

Read the UN Study on Violence Against Children recommendations relating to justice settings further down, in UN Violence Study


AUSTRIA
In 2005, the UN Committee on the Rights of the Child recommended the following to the Austrian Government:
  • Ensure the full implementation of juvenile justice standards, in particular Articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
  • Reinforce awareness-raising campaigns among the public in general as well as the education and training of professionals on the child's right to participation
  • Apply as much as possible alternative measures for detention, in particular in relation to pre-trial detention
  • Ensure strict separation of juveniles from adult detainees; also during daytime activities
  • Ensure that staff in juvenile detention centres are well trained to deal in a proper and adequate manner with the relatively high number of juveniles of foreign origin
  • Significantly improve the collection of data on all relevant aspects of the juvenile justice system in order to obtain a clear and transparent picture of children's experiences
  • Further promote recovery and social reintegration of children in contact with the juvenile justice system, including through adequate education
  • Provide child protection training for professionals relating to both law enforcement and recovery
  • Improve the recovery programmes for child victims of violence, with multidisciplinary and intersectoral services
  • Continue public education and awareness-raising campaigns on non-violent forms of discipline
  • Undertake studies on the prevalence of violence against children and the negative effects of corporal punishment on the development of children.

Cyprus
In 2003, the UN Committee on the Rights of the Child recommended the following to the Cyprus Government:
  • Ensure the full implementation of juvenile justice standards, in particular Articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
  • Ensure that the reforms under way provide for the establishment of a juvenile justice system, including juvenile courts, with adequate human and financial resources and fully integrating international juvenile justice standards
  • Include in its next periodic report detailed information on measures introduced to ensure implementation of new legislation, including by providing training on children's rights to those responsible for administering juvenile justice
  • Provide further information in its next report on the detention conditions of children and on the length of pre-trial detention
  • Undertake a study of, and provide information on, abuse and maltreatment of children occurring during arrest and detention, and specifically on procedures for notification of custody of minors and for ensuring the right to immediate access to a lawyer and to a doctor of choice.

ENGLAND
In 2008, the UN Committee on the Rights of the Child recommended the following to the UK Government:
  • Use the recommendations of the UN Violence Study as the basis of major action to ensure that every child is protected from all forms of physical, sexual and mental violence
  • Take comprehensive action to protect the child's right to be heard and taken seriously: this right should be reflected in law and in practice in all decision-making processes and settings, including in custody
  • Monitor the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation of children in all settings, including custody
  • Make sure child victims of violence, abuse, neglect and maltreatment are not further victimised during legal proceedings
  • Make sure children can access adequate support to recover from violence
  • Ensure that restraint in custody is used only as a last resort and solely to prevent harm to the child or others
  • Prohibit the use of restraint in custody for disciplinary purposes
  • Develop a broad range of alternatives to keep children out of custody
  • Make sure the law requires that custody can only ever be used as a measure of last resort and for the shortest period of time
  • Make sure that children in custody are separated from adults in all places (e.g. including recreation and health care) unless it would be in the child's best interests to do otherwise
  • Make sure children in custody have a legal right to education.
Every year CRAE publishes a report showing the extent to which the Government has acted on each of the UN Committee's recommendations (it made 118 in total). Click here to download our latest report (published November 2010).

THE NETHERLANDS
In 2009, the UN Committee on the Rights of the Child recommended the following to the Dutch Government:
  • Ensure the full implementation of juvenile justice standards, in particular Articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
  • Use the recommendations of the UN Violence Study as the basis of major action to ensure that every child is protected from all forms of physical, sexual and mental violence
  • Consider reviewing its legislation with the aim to eliminate the possibility of trying children as adults
  • Eliminate the life imprisonment sentence of children (Netherlands Antilles)
  • Ensure that the deprivation of liberty of juvenile offenders is used only as a measure of last resort and for the shortest appropriate period of time.

Romania
In 2009, the UN Committee on the Rights of the Child recommended the following to the Romanian Government:
  • Ensure the full implementation of juvenile justice standards, in particular Articles 37, 40 and 39 of the Convention, as well as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines)
  • Use the recommendations of the UN Violence Study as the basis of major action to ensure that every child is protected from all forms of physical, sexual and mental violence
  • Take immediate measures to stop police violence against all children and challenge the prevailing culture of impunity for such acts
  • Strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure that they are not victimized once again during legal proceedings
  • Provide access to adequate services for recovery, counselling and other forms of reintegration in all parts of the country
  • Children in conflict with the law should be always dealt with within the juvenile justice system and never tried as adults in ordinary courts
  • Detention should be always applied as a measure of last resort and for the shortest possible period of time and be reviewed on a regular basis with a view to withdrawing it
  • Children deprived of liberty should have access to education, including in pre-trial detention
  • Legislation on regulating the activity of re-education centres (Decree No 545) should be reviewed.
Please inform others about our project and contact us if you want to help end violence against children in custody.
Article 3
  • Adults should always try to do what is best for children and young people.
  • Governments must do everything to make sure children and young people are safe and well looked after.
Article 6
  • Every child and young person has the right to life
  • Governments must do all they can to make sure every child and young person has the best possible life.
Article 12
  • Every child and young person has the right to express his or her views freely - about everything that affects him or her.
  • The child's or young person's views must be given 'due weight' - this is affected by his or her age and maturity.
  • The child or young person has the right to be heard in all decision-making processes, including in court hearings. The child or young person can speak for him or herself, or someone else can speak for him or her.
Article 16
  • The law must protect every child's and young person's right to privacy.
Article 18
  • Governments must do all they can to help parents look after children well.
  • Parents are the most important people in children's and young people's lives. Parents must always do what is best for children and young people.
Article 19
  • Governments must do everything to protect children and young people from all forms of violence, abuse, neglect and mistreatment.
  • Help must be available for children and young people who are hurt by violence, abuse, neglect and mistreatment.
Article 20
  • Children who are separated from their parents have the right to special protection and help.
Article 24
  • Every child and young person has the right to the best possible health and health services.
Article 28
  • Every child has the right to free primary education.
  • Governments must encourage secondary education, making it available and accessible to every child and young person
  • Access to higher education must be based on the ability to benefit from it.
  • Governments must make sure children and young people get information about education.
  • Governments must encourage regular school attendance.
  • Governments must make sure that school discipline protects the dignity of children and young people, and is in line with their rights in this Convention - so no hitting or humiliation.
Article 29

Governments agree that the aim of education is to help the fullest possible growth of the child's or young person's personality, talents and mental and physical abilities.

Education must help children and young people:
  • Respect human rights
  • Respect their parents
  • Respect their and others' culture, language and values
  • Have self-respect
  • Respect the environment.
Article 37
  • Governments must do everything to protect children and young people from torture or other cruel, inhuman or degrading treatment or punishment. This is an absolute right, with no excuses for any breach of it.
  • Children and young people must not be given a death sentence or life imprisonment without the possibility of release.
  • Children and young people who are locked up should be able to challenge this quickly in court.
  • Children and young people must only be arrested or locked up as a last resort and for the shortest possible time.
  • Every child or young person who is locked up must be treated with respect.
  • Every child or young person who is locked up must be separated from adults, unless it is better for him or her to be with adults.
  • Every child or young person who is locked up has the right to keep in contact with his or her family, through letters and visits.
Article 39
  • Governments must give good support to children and young people who have been hurt, abused or exploited.
  • This support must promote children's and young people's health, self-respect and dignity.
Article 40
  • Every child or young person accused, or convicted, of committing a crime must be treated with respect.
  • Every child or young person accused, or convicted, of committing a crime must be treated in a way that helps them to respect the human rights of others.
  • Every child or young person must be treated as innocent until found guilty.
  • Every child or young person should be told as soon as possible why they have been arrested and charged with a crime.
  • Every child or young person accused of a crime must be given immediate access to a lawyer.
  • No child or young person can be forced to give evidence in a court.
  • Every child and young person has the right to an interpreter if they do not understand the country's main language.
  • The child's and young person's right to privacy must be fully respected at all times.
  • Governments must set up a separate criminal justice system for children and young people.
  • Governments should promote a minimum age of criminal responsibility.
  • Wherever possible, children and young people in trouble should not have to go to court.
  • Courts should always try to avoid sending children and young people to institutions.
  • There must be many ways to help children and young people in trouble with the law, including care, guidance and counselling.
Article 42
  • Governments must make sure everyone gets information about the Convention on the Rights of the Child.Have a go at our children's rights in custody quiz


The United Nations Secretary-General's Study on Violence against Children was published in 2006. It is the most comprehensive study ever into the many forms of violence suffered by children in different parts of the world and in different settings.

The UN Violence Study found that:
"Violence against children while in justice institutions ... is more common than violence against children placed in institutions solely for the provision of care. Although 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."

The Study made 12 major recommendations, which are:
1. Major recommendation 1: Strengthen national and local commitment and action
2. Major recommendation 2: Prohibit all violence against children
3. Major recommendation 3: Prioritise prevention
4. Major recommendation 4: Promote non-violent values and awareness-raising
5. Major recommendation 5: Enhance the capacity of all who work with and for children
6. Major recommendation 6: Provide recovery and social reintegration services
7. Major recommendation 7: Ensure the participation of children
8. Major recommendation 8: Create accessible and child-friendly reporting systems and services
9. Major recommendation 9: Ensure accountability and impunity
10. Major recommendation 10: Address the gender dimension of violence against children
11. Major recommendation 11: Develop and implement systematic national data collection and research
12. Major recommendation 12: Strengthen international commitment.

A further 13 recommendations were made in relation to children in care or custody:
1. Prohibit all violence in care and justice systems
2. Ensure institutionalisation is a last resort, and prioritise alternatives
3. Ensure quality staffing and training
4. Ensure police, referall agencies, lawyers, judges, institution managers and staff know about and can put children's rights into practice
5. Ensure court systems are sensitive to the needs of children and their families
6. Regularly reassess placements to see whether detention is still necessary; ensure children (and their parents) are involved in these reviews
7. Ensure effective complaints, investigation and enforcement mechanisms
8. Efective sanctions against perpetrators of violence, including those who run institutions
9. Ensure effective monitoring and private access to children in custody so they can freely talk about their expereiences
10. Registration and collection of data so that children's views and expereinces are known and progress towards ending violence in custody can be measured
11. Reduce detention so it is used only as a very last resort for those children who pose a real danger to others
12. Legal reform to ensure children cannot be subject to violence as a punishment for offending
13. Establish child-focused juvenile justice systems for all children up to the age of 18.

Find out more about the UN Violence Study: http://www.unviolencestudy.org/


Project manager: CRAE

The Children's Rights Alliance for England (CRAE) protects the human rights of children lobbying government and others who hold power, by bringing or supporting test cases and by using regional and international human rights mechanisms. We provide free legal information and advice, raise awareness of children's human rights, and undertake research about children's access to their rights. We mobolise others, including children and young people, to take action to promote and protect children's human rights. Each year we publish a review of the state of children's rights in England. Find out more here


Project partner: International Juvenile Justice Observatory (Belgium)

The Ludwig Boltzmann Institute of Human Rights (BIM), founded in 1992, is the largest independent human rights research institution in Austria, dealing with human rights issues on the national, European and the international level. It is BIM's main objective to offer a link between academic research and practitioners, through co-operation with civil society, inter-governmental and state actors and the private sector. Protection of children's rights constitutes a key area of the Institute's research and training activities, dealing with a variety of topics including constitutional rights of children, child protection from violence, exploitation and child trafficking, and child participation.


Project partner: The Commissioner for Children's Rights in Cyprus

The Commissioner for Children's Rights is an independent institution that deals exclusively with the rights of the child and whose competences and obligations are prescribed by law. The Commissioner is appointed by the Council of Ministers pursuant to the Commissioner for the Protection of Children's Rights Law, 2007 (Law 74(I)/2007) which came into force on 22/6/2007.

The mission of the Commissioner is to protect and promote the rights of the child. Her role is to represent children and their interest at all levels; to promote public awareness and sensitivity so that children's rights in the family, at school and in the community are safeguarded; to identify and promote the views of children where they themselves cannot be heard; to monitor legislation relating to children and to submit proposals aiming at their harmonization with the Convention on the Rights of the Child; to carry out public awareness campaigns; and to appoint a representative of the child in judicial proceedings affecting him/her and to represent children in procedures affecting them.

The Commissioner studies individual complaints with the aim of evaluating the existing legislation, policies, procedures and practices and deciding whether these violate the rights of the child. In such cases she proceeds with an intervention where she deems this appropriate.


Project partner: Save the Children Romania

Save the Children Romania is a national democratic movement, unaffiliated politically or religiously, based on the voluntary involvement of its members. It was established in 1990 and currently has over 6000 members and benefits from the voluntary activity of over 1000 people, mostly youngsters. Save the Children Romania is an active member of the International Save the Children Alliance - an international movement, which supports child rights, as well as of important national and international bodies and networks. Save the Children Romania fights for children's rights. We influence public opinion and support children at risk. We influence legislation and policies in the benefit of children. We are working together with children and young people to achieve change and lasting improvements for children. We recognise and underline the responsibilities and duties of parents, guardians, teachers and other authorities for the well-being of children. We support parents and specialists working with children to fulfill their obligations.


AUSTRIA: Ludwig Boltzmann Institute of Human Rights Freyung 6/II 1010 Vienna, Austria
Telephone: +43 1 4277 27420
Fax: +43 1 4277 27429
Email: bim.staatsrecht@univie.ac.at
Contact: Helmut Sax, helmut.sax@univie.ac.at
Opening hours:
Mon - Wed 9am-1 pm; 2pm-5 pm
Thurs 2pm-5pm
Fri 9am-1pm
ENGLAND: CRAE
Our office is open between 9am and 5pm Mondays to Fridays except for bank holidays.
Visit: 94 White Lion Street, London N1 9PF
Telephone: 020 7278 8222
Advice line (Tues to Thurs 9.30-5.30pm): 0800 32 88 759
Email: info@crae.org.uk
Advice email: advice@crae.org.uk
Out of hours contact: 07949 434 787
BELGIUM: The International Juvenile Justice Observatory
Belgian Public Utility Foundation
Head Office: Rue Mercelis, n° 50. 1050
Brussels, Belgium
Tel: 00 32 262 988 90
Fax: 00 32 262 988 99
Email: oijj@oijj.org
THE NETHERLANDS: DCI-the Netherlands
Our office is open between 9am and 5pm Mondays to Fridays except for bank holidays.
Visit: Hooglandse Kerkgracht 17g, 2301 EC Leiden, The Netherlands
Telephone and advice line: 0031 71 5160980
Email: info@defenceforchildren.nl
CYPRUS: The Commissioner for Children's Rights Office
Corner of Apelli and Pavlou Nirvana Strs.
1496 Nicosia
Tel.: 22 873200
Fax.: 22 872365
Email: childcom@ccr.gov.cy
ROMANIA: Save the Children Romania
General Secretariat Address: 3 Stefan Furtuna, dictrict 1, zip code 010899, Bucharest, Romania
Telephone: +40 21 316 61 76 (switchboard); fax: +40 21 312 44 86
E-mail: rosc@salvaticopiii.ro
Web: www.salvaticopiii.ro


AUSTRIA
Weiàer Ring Austria
Austrian non-profit organisation to support crime victims and to prevent crime
Web: http://www.weisser-ring.at/

Neustart
Leading organisation offering probation services, conflict mediation and social work.
Web: http://www.neustart.at

Child and Youth Ombudsoffices
Established in all nine Austrian provinces, offering information, counselling and support to children and young people.
Web: http://www.kija.at

Cyprus
Social Welfare Services - Central Offices
Address: 63, Prodromou
1468 Lefkosia
Cyprus
Telephone: +357 22406709
Fax: +357 22667907
Email: central.sws@sws.mlsi.gov.cy

The Commissioner for Children's Rights Office
Corner of Apelli and Pavlou Nirvana Strs.
1496 Nicosia
Tel.: 22 873200
Fax.: 22 872365
Email: childcom@ccr.gov.cy

Agios Onisimos (NGO)
Contact person: Andria Ioannou
Tel.: 00 357 99 618002


ENGLAND
CRAE
For legal advice and information about your human rights and what to do if you are being treated unfairly, call our confidential freephone* on 00 44 (0)207 278 8222 between 3.30 and 5.30pm, Tuesday to Thursday, or email us. We don't offer legal representation, but if this is what you need we will try to signpost or refer you to other services that can help. Textphone users dial 18001 first.
*Standard charges apply from mobiles.

Howard League for Penal Reform
Campaigns for an end to the use of prison for children and improved treatment of children in custody.
Legal advice line for children and young people in custody - call free 0808 801 0308
Web: www.howardleague.org

Liberty
Gives information and advice on all matters of human rights law.
If you have an urgent query, call the LIBERTY ADVICE LINE on 0845 123 2307 during the following hours: Monday and Thursday: 6.30pm to 8.30pm and Wednesday: 12.30pm to 2.30pm.
Web: www.liberty-human-rights.org.uk

NSPCC (National Society for the Prevention of Cruelty to Children)
The UK's leading charity specialising in child protection and the prevention of cruelty to children. The NSPCC's core values are based on the UN Convention on the Rights of the Child. ChildLine has joined with the NSPCC to help more children and young people.

If you need help, you can contact the NSPCC Child Protection Helpline on 0808 800 5000, or contact the free textphone service for people who are deaf or whose hearing is impaired on 0800 056 0566. You can also email help@nspcc.org.uk or look on the website at www.nspcc.org.uk/helpline.

You can also contact ChildLine on 0800 1111.

Both helplines are free and open 24-hours a day. Whichever helpline you choose you will get expert advice from a trained adviser.

the netherlands
Children's Ombudsman - Marc Dullaert
If you want information about your rights, or you have a complaint about the safety and conditions in custody, you can contact Marc Dullaert here: http://www.dekinderombudsman.nl/

The Helpdesk of Defence for Children provides legal advice about child rights for children, parents, lawyers and professionals: http://www.kinderrechten.nl/p/1/245/heb-je-een-vraag%3F

The Youth Care Inspectorate is the institution inspecting the safety of children and young people in youth custodial institutions: http://www.inspectiejeugdzorg.nl/

If you have a complaint about the safety and conditions in custody, contact the month commissioner. The month commissioner is a member of the Monitoring Commission (commission of inspection) of the youth custodial institution. Once a month, one member visits the youth custodial institution and talks to young people staying there. The month commissioner can have lunch or dinner with you. You can use this opportunity to tell the commissioner what is happening and to raise any complaints. The month commissioner will talk with everybody involved. In this stage he or she is a mediator. If there is no solution found for the problem, you can send a complaint to: http://www.commissievantoezicht.nl/

This website will guide you and show you what a day in custody is like: http://www.dejeugdinrichting.nl/

The addresses of all Dutch youth custodial institutions: http://www.dji.nl/Organisatie/Locaties/Justitiele-jeugdinrichtingen/

romania
Association for the Defense of Human Rights in Romania - the Helsinki Committee (http://www.apador.org/)
This is a non-governmental, not-for-profit organisation, established in 1990. It promotes democracy and respect for human rights.

The People's Advocate Institution (http://www.avp.ro/)
The People's Advocate is the constitutional name under which the Ombudsman is organised and functions in Romania. It was created by the Romanian Constitution adopted in 1991.