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'Child custody breaches human rights'

Posted: 14 November 2002 | Subscribe Online


The use of custody for children must be stopped as a matter of urgency, according to the Children's Rights Alliance.

In a report on young offender institutions published this week, the charity argues that custody for children is not working, is expensive and is creating more crime and damage by the day as well as breaching a number of human rights.

The charity - an alliance of over 180 organisations - is calling for the establishment of a rights-based system and a complete overhaul of the juvenile secure estate.
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It recommends that children should only be locked up to protect others from serious harm and that resources spent on imprisonment should be diverted to alternatives to custody, such as non-punitive training in residential placements away from home.

"Children in custody have killed themselves or have suffered gross neglect, risk of death and injury, and outright abuse at the hands of the state," the report says.

It questions why there have been no high profile legal challenges to the treatment of these children. By comparison, while children in residential care and in boarding schools have also been victims of ill treatment there have been public scandals in the care and education systems where perpetrators have been punished, children compensated, and safeguards tightened.
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Children in care also have access to independent advocacy whereas children in prison do not, it adds, pointing out that the Prisons Inspectorate is "much too under-resourced to provide a proper safeguard against human rights abuses".

The report notes "with alarm" that the remit of the proposed development of Children's Trusts omits young offenders, warning that youth offending teams will not survive alongside these trusts.

Meanwhile, the Howard League for Penal Reform is due to go to the High Court this week to argue that the Children Act 1989 should apply to children in prison.

Rethinking Child Imprisonment from 020 7278 8222.


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