violence against children WORLD REPORT ON - CRIN

194Violence against Children in care and justice institutions(35%), substance abuse (28%) and curfew violations(19%). Violent offences accounted foronly 7% of crimes committed by children. 100In Malawi, a 1999 study found that 68% ofregistered offences were theft, burglary androbbery. The word ‘vagabond’ was used todescribe a further 8% of young offenders,which the study noted was “a term… representingobvious cases of street children.” 101In addition to being petty offenders, mostchildren in detention have not been previouslyarrested. For example, in the Lao People’sDemocratic Republic and the Philippines, itwas found that over 90% of children in detentionwere there for a first offence. 102Many children are arrested and detained foroffences that are only a crime when committedby children. These ‘status offences’ include truancy,running away from home, or being ‘beyondparental control’. In March–April 2003, 60%of children detained in a Boys’ Remand HomeInfants and young children in prisonin Lagos, Nigeria were non-criminal cases, ofwhich 55% were boys ‘beyond parental control’,and 30% were care and protection cases(‘found’ children). A further 15% were childrenwho had been rounded up in police streetraids. Likewise, 80% of girls detained in theGirls’ Remand Home were non-criminal cases,i.e. ‘beyond parental control’, or ‘care and protection’and civil dispute cases. 103Although almost no data are available aboutyoung offenders with disabilities, it is widelyaccepted that children with intellectualimpairments and mental health problemsare at increased risk of conflict with the law– often at the behest of others who see themas pawns. Once in trouble, these children areless likely to be able to talk their way out oftrouble, or make a compelling case on theirown behalf. Once in prison, they are alsomore likely to be victimised. Neither thejuvenile justice nor the child welfare systemis well equipped to address children’s mentalA unique group of children at risk of violence in detention facilities are infants andyoung children who are in prison with their mothers. This practice exists in manycountries, in all regions. However, institutions seldom provide the necessary conditionsto protect children. There are undeniable benefits in keeping children with theirmothers; some countries allow only infants to stay with their mothers, while othersallow mothers to keep children up to the age of six. However, improvements areurgently needed in the conditions under which these institutions function in orderto cater for the specific needs of children living with their mothers in detention. Forexample, a study on children in prisons with their mothers in Cambodia found thatchildren were beaten by other prisoners when they cried, or as a result of a disputewith the child’s mother. 104