violence against children WORLD REPORT ON - CRIN
violence against children WORLD REPORT ON - CRIN violence against children WORLD REPORT ON - CRIN
5in prison for crimes they had committed aschildren. An estimated 59% were sentenced tolife imprisonment without parole for their firstevercriminal conviction; an estimated 26%were convicted of ‘felony murder,’ in which thechild had participated in a robbery or burglaryduring which a co-participant had committedmurder, often without the knowledge or intentof the child. Racial disparities are marked, withAfrican-Americans receiving the sentence 10times more often than white children. 135Violence by adult detaineesNational legislation in most countries requiresseparate facilities for children in conflict withthe law in order to prevent abuse and exploitationby adults. Yet in many countries, detentionwith adults still occurs. Since 2001, theCouncil of Europe’s Committee for the Preventionof Torture has recorded its concern aboutyoung people being kept in the same cells asadults in at least three Council of Europecountries. In Germany, for example, in 1988UNICEF reported that young people under 18were not systematically separated from adults,putting them at risk of threatening behaviour,blackmail, or even rape by older prisoners. 136In police lock-ups, where space is limited,children are often held together with adultswho may perpetrate violence, including sexualviolence, against them. Adequate supervision,particularly at night, is often lacking, resultingin further abuses by police, including rape.In some parts of the world, separate facilitiesfor short-term custody or longer-term detentionmay not even exist. In States where separatejuvenile justice systems have not beeninstalled, children are routinely detained withadult offenders under appalling conditions,increasing their risk of violence from olderinmates. 137In addition, where countries allow childrento be detained, tried, and sentenced as adults,they may also incarcerate them with adults.In the USA, nearly every state has recentlychanged its laws to make it easier to try childrenas adults; in 2000, an estimated 55,000children were tried in adult courts. 138 Childrenwho are convicted in these courts are then typicallydetained in adult prisons.Violence by other childrenAs in care institutions, children in detentionfacilities are vulnerable to violence from theirpeers, particularly when conditions and staffsupervision are poor. Lack of privacy, frustration,overcrowding, and a failure to separateparticularly vulnerable children from older,more aggressive children often lead to peeron-peerviolence.In Rio de Janiero, gang-related rivalries haveled to serious episodes of violence among childrenheld in juvenile detention centers, includingbeatings, stabbings, rape, and murder. 139 Inthe UK, a 2005 report from the Chief Inspectorof Prisons and Youth Justice Board (Englandand Wales) found that 21% of both boysand girls had been hit, kicked or assaulted byanother young person. 140Self-harmChildren in detention are at heightened riskof self-mutilation and suicidal behaviour due199Violence against Children in care and justice institutions
“When I went to prison, I was around all the violence. I was like, ‘man I gotta get outof this – how am I gonna get out of this prison?’ I can’t do no life sentence hereat that age. And so I thought of that [killing himself]. Gotta end it, gotta end it...I’ve got so many cuts on me… Razor blades. They give us disposable razors.”Boy, sentenced to life without parole for an offence committed at 14, North America, 2005 VIIIto violence, neglect, or poor living conditions.Prolonged or indefinite detention and isolationalso contribute to poor mental health (discussedabove) and the risk of self-harm.In the USA, 110 youth suicides are reported tohave occurred nationwide in juvenile facilitiesfrom 1995 to 1999. 141 In 2002, a total of 122juvenile detention facilities reported transportingat least one child to a hospital emergencyroom because of a suicide attempt. 142 In theUK, 29 children died in detention between1990 and September 2005. Twenty-sevenhanged themselves, the youngest aged 14, andone died while being restrained. 143For children detained in adult facilities, therisks of self-harm are particularly great; somestudies in the USA indicate that childrendetained in adult jails or prisons are up toeight times more likely to commit suicide thanthose detained in juvenile facilities. 144Does child detention ‘work’?200Violence against Children in care and justice institutionsChildren subjected to detention are more likely to commit offences in the future thanchildren placed in diversion programmes. In the USA, virtually every study examiningrecidivism among children sentenced to juvenile detention facilities has found that atleast 50–70% of offenders are re-arrested within one or two years after their release. 145In contrast, recidivism rates for children placed in some community-based alternativeprogrammes are as low as 10%. 146 Recidivism is particularly acute for childrendetained with adults. In Cambodia, an estimated six out of 10 children detained inadult prisons are re-arrested for more serious crimes after their release. 147According to one juvenile justice expert: “Evaluation research indicates that incarceratingyoung offenders in large, congregate-care juvenile institutions does not effectivelyrehabilitate and may actually harm them. A century of experience with training schoolsand youth prisons demonstrates that they constitute the one extensively evaluated andclearly ineffective method to treat delinquents.” 148
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5in prison for crimes they had committed as<strong>children</strong>. An estimated 59% were sentenced tolife imprisonment without parole for their firstevercriminal conviction; an estimated 26%were convicted of ‘felony murder,’ in which thechild had participated in a robbery or burglaryduring which a co-participant had committedmurder, often without the knowledge or intentof the child. Racial disparities are marked, withAfrican-Americans receiving the sentence 10times more often than white <strong>children</strong>. 135Violence by adult detaineesNational legislation in most countries requiresseparate facilities for <strong>children</strong> in conflict withthe law in order to prevent abuse and exploitationby adults. Yet in many countries, detentionwith adults still occurs. Since 2001, theCouncil of Europe’s Committee for the Preventionof Torture has recorded its concern aboutyoung people being kept in the same cells asadults in at least three Council of Europecountries. In Germany, for example, in 1988UNICEF reported that young people under 18were not systematically separated from adults,putting them at risk of threatening behaviour,blackmail, or even rape by older prisoners. 136In police lock-ups, where space is limited,<strong>children</strong> are often held together with adultswho may perpetrate <strong>violence</strong>, including sexual<strong>violence</strong>, <strong>against</strong> them. Adequate supervision,particularly at night, is often lacking, resultingin further abuses by police, including rape.In some parts of the world, separate facilitiesfor short-term custody or longer-term detentionmay not even exist. In States where separatejuvenile justice systems have not beeninstalled, <strong>children</strong> are routinely detained withadult offenders under appalling conditions,increasing their risk of <strong>violence</strong> from olderinmates. 137In addition, where countries allow <strong>children</strong>to be detained, tried, and sentenced as adults,they may also incarcerate them with adults.In the USA, nearly every state has recentlychanged its laws to make it easier to try <strong>children</strong>as adults; in 2000, an estimated 55,000<strong>children</strong> were tried in adult courts. 138 Childrenwho are convicted in these courts are then typicallydetained in adult prisons.Violence by other <strong>children</strong>As in care institutions, <strong>children</strong> in detentionfacilities are vulnerable to <strong>violence</strong> from theirpeers, particularly when conditions and staffsupervision are poor. Lack of privacy, frustration,overcrowding, and a failure to separateparticularly vulnerable <strong>children</strong> from older,more aggressive <strong>children</strong> often lead to peeron-peer<strong>violence</strong>.In Rio de Janiero, gang-related rivalries haveled to serious episodes of <strong>violence</strong> among <strong>children</strong>held in juvenile detention centers, includingbeatings, stabbings, rape, and murder. 139 Inthe UK, a 2005 report from the Chief Inspectorof Prisons and Youth Justice Board (Englandand Wales) found that 21% of both boysand girls had been hit, kicked or assaulted byanother young person. 140Self-harmChildren in detention are at heightened riskof self-mutilation and suicidal behaviour due199Violence <strong>against</strong> Children in care and justice institutions