violence against children WORLD REPORT ON - CRIN

5care and justice institutions should be requiredto report on all incidents of violence.Legislation should also ensure that institutionscan no longer operate as closed settings, withoutaccountability. Public scrutiny must be guaranteedin a number of ways, including ensuringaccess for children’s families (except whennot in the best interests of the child), NGOs,human rights institutions and ombudspersons,lawyers, media, and other elements of civil society,while respecting individual privacy and dignityfor girls and boys. Effective monitoring andreporting systems by competent bodies shouldbe established in law, with the power to demandongoing information on conditions, and toinvestigate and redress allegations of violence.Guarantees that the voices of children andtheir families will be heard should have a basisin law, rather than just guidance or institutionalprocedure manuals. Legislation mustensure that simple, accessible, independentand safe complaint mechanisms should be providedto children in institutions. Children andtheir representatives should also have access toan appeals process if they are not satisfied withthe response to their complaint.Policies to preventinstitutionalisationPolicies governing care and justice systemsshould aim both to prevent violence againstchildren in care or custody, and to reduce thenumbers of children entering the full rangeof institutions, from both public and privatecare facilities to police custody, juvenile detentioncentres, and adult prisons. Detentionand institutional care should be regarded asoptions of last resort, taking into account thebest interests of the child and his or her longtermspecial needs.Most of the following are primary preventionapproaches, aimed specifically at reducing institutionalisation.It should, of course, be borne inmind that a range of broad-brush measures (suchas improved basic service provision, includingfor families of children with disabilities or otherrisk factors, livelihood improvement, genderand social equality, prevention of substanceabuse, reduction of domestic violence, inclusiveeducation and educational retention, andgeneral anti-poverty development goals) wouldby definition help improve families’ capacity toraise or manage vulnerable and at-risk children,and contribute greatly to keeping children outof care and detention institutions.The principle of ‘last resort’Institutional care should be reserved for childrenwhose needs cannot be met in their ownfamily or an alternative family setting. For childrenwho are in conflict with the law, detentionshould be used only for children who areassessed as posing a real danger to others, andthen only for the shortest necessary time.In practical terms, this principle of ‘last resort’means that whenever a child is considered foror taken into care, an evaluation should be conductedto identify the type of placement mostappropriate to that child’s needs. An importantobjective of such evaluations is to ensurethat children are not admitted into residentialcare unless it is in their best interests.205Violence against Children in care and justice institutions