violence against children WORLD REPORT ON - CRIN

192Violence against Children in care and justice institutionsby the police and the courts, even if this isunnecessary. Bangladesh passed a Children’sAct in 1974 which called for a separate systemof juvenile justice, probation, and the removalof children from adult prisons. However, morethan 30 years later, the provisions of this Actare breached and abused at every stage of achild’s contact with the law, and children incustody may experience appalling conditions,abuse of rights, and violence. 91Similar situations have been reported inAfrica. Most countries in Eastern and SouthernAfrica have legislation on juvenile justicesystems designed to respect the rights of thechild. However, many are not functioning ordo not exist due to financial constraints andlack of capacity. Separate facilities for childrenin conflict with the law are scarce, andchildren under 18 are imprisoned with adultoffenders, putting them at even greater risk ofviolence and sexual abuse. This situation hasbeen reported to the Study from Kenya, Madagascar,Eritrea, and Mozambique, and occursin many other countries. 92Historical contextPolicies to deal with children in conflict withthe law have evolved as societies themselveshave changed over time, and as ways of administeringlaw and order have been redesigned tomatch contemporary socio-political ideas andrealities.Children living on the streets of towns andcities, some of them involved in petty crime,became a fixture of the urban scene fromthe 19th century onwards, sparking calls forremedy and social reform. The first separatesystem of criminal justice for young people wasintroduced in the US State of Illinois in 1899,and other States and countries swiftly followedsuit. Since then, most (but not all) countrieshave introduced special ways of handling thecases of young people, including lighter andalternative types of sentence. Many childrenaccused of an offence today will – withoutlosing the right to a fair trial – be divertedfrom judicial processes into the welfare system,come before special ‘child hearings’, or be providedwith treatment that takes full account oftheir age, circumstances and needs. 93 However,while many countries have introduced childfriendlylegislation in line with the CRC andother international standards, application andenforcement of these norms lag behind.Although the majority of offences committedby children are non-violent, pressure on politiciansto ‘get tough on crime’ has driven increasinglytougher responses to children in conflictwith the law. This pressure has resulted inharsher sentences and increased rates of detention.These policies are often fuelled by disproportionatemedia attention to juvenile crimethat reinforce public misconceptions aboutthe nature and extent of crimes committed bychildren. For example, in the USA, between1993 and 1999, the number of children confinedin juvenile detention facilities increasedby 48%, even though violent crime committedby children decreased by 33% during the sameperiod. 94 Between 1994 and 2004, the numberof children sentenced to penal custody in Englandand Wales increased by 90%. 95