1887

oa Article 40 - Calling for a global study on children deprived of liberty

Volume 16, Issue 2
  • ISSN : 1562-4382

 

Abstract

International human rights law and in particular the United Nations Convention on the Rights of the Child (UNCRC), establish the clear obligation for states to use detention as a last resort, for the shortest period of time and to apply measures that are in the best interests of the child that aim at rehabilitation. These obligations, however, are continuously violated. It is estimated - although this number is out trotted - that over 1,000,000 children are in criminal detention worldwide; this number does not include the many cases that remain unreported or the various other forms of deprivation of liberty. Deprivation of liberty is indeed quite a broad concept and would entail "any form of detention or imprisonment or the placement of a person under the age of 18 in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative or other public authority". Children are, for instance, also detained in the context of immigration, based on their or their parents' migration status. Immigration detention of children always constitutes a child rights violation. Children may also be confined for physical and mental health, among other, reasons.

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/content/art40/16/2/EJC164510
2014-12-01
2019-10-14

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