violence against children WORLD REPORT ON - CRIN

“We feel our juvenile justice systems have the responsibility to rehabilitate youthand integrate them back into society rather than subject them to more violence.”Children, North America, 2005 XI212Violence against Children in care and justice institutionsStaff must be trained in child rights and nonviolentdisciplinary measures. Care should betaken not to train staff in such a way as tocreate a gulf between them and children andyoung people. The overwhelming need of childrenis for nurture, and few react well to beingtreated like ‘clients’ and ‘caseloads’.Efforts should be made to improve the status ofindividuals working with children in care andjustice systems, to ensure high-calibre employees.Health-care and educational staff shouldbe institutionally independent from the agencythat runs the institution. All staff should berequired to report all instances of violence.Conforming to international standardsWhere children are held in custody, internationalstandards of due process shouldbe strictly followed (see the Introductory sectionof this chapter on the relevant UN standards).These include the right to be informedpromptly of charges against the young detainee,the right to legal assistance, and a swift determinationof the child’s case.Notification of a child’s parents or legal guardians,including NGOs accredited to work withchildren, should be mandatory whenever achild is arrested or taken into custody. From theearliest stage of apprehension, children shouldreceive free medical and legal assistance fromindependent professionals. A parent, guardianor ‘appropriate adult’ should be present duringany interview or interrogation of children.Guidelines for transfers should be adoptedand strictly observed to limit the length oftime that children are in police custody, andensure their transfer to more appropriate care.Police stations and lock-ups should be subjectto regular, independent monitoring.Conditions in all institutions should conformto international standards, including theprovision of health and mental health care,adequate nutrition, and sanitation. Children’sdignity and need for personal space should berespected. Children should be separated fromadults, and younger, more vulnerable childrenshould be separated from those that are olderor known to be violent. Facilities should not beovercrowded, and children should have opportunitiesfor recreation and mobility. Childrenshould not lose their right to education, vocationaltraining, and other programmes tofacilitate their full development.Monitoring and investigationAll facilities should be independently inspectedand monitored by qualified bodies with fullaccess to the facilities and freedom to interviewchildren and staff in private. These bodiesshould have the power and capacity to monitorconditions and investigate any allegationsof violence in a timely manner. Such bodiescould include ombudspersons, independentcommissions, citizens or police review boards.Complaints mechanismsChildren in both care and justice systems shouldhave simple, accessible and safe opportunities tocomplain about the way they are treated withoutrisk of reprisal. Children should also haveopportunities to express themselves freely andverbalise their concerns, particularly for those