Why is it important?
Children do not belong behind bars
Justice for children is an issue that affects not only children in conflict with the law but also children victims of poverty, abuse and exploitation. No matter the reason, putting children behind bar is not in their best interest. It can only be a measure of very last resort and for the shortest appropriate period of time, as stated in Article 37 of the Convention on the Rights of the Child. Thus, improving conditions for children deprived of liberty through a global study is one of the most important strategies for enhancing the protection of children in society today. It is also a prerequisite in order to achieve the Sustainable Development Goals, in particular SDG goal 16.
They are invisible
Nobody knows exactly how many children are imprisoned, detained or otherwise deprived of their liberty worldwide. According to Jan Eliasson, United Nations Deputy Secretary-General, “they fall into a statistical vacuum, with numbers of these children potentially ranging anywhere from the tens of thousands to the millions.” Without numbers, how can States accurately define the scope of the problem?
“Evidence available shows that deprivation of liberty is fundamentally harmful for children, jeopardising their development and putting them at increased risk of abuse, violence, social discrimination, and impeding their right to education.”
NGO Panel on the Global Study on Children Deprived of Liberty
A Global Study to Make them Count
That’s why Defence for Children International pitched the idea of a Global Study in early autumn 2013, so that children behind bars are at last counted and acknowledged.
This type of study led by the United Nations examines through comprehensive data collection and statistics the magnitude of the phenomenon, identifies good practices and provides recommendations for law, policy and practice.
“Data gathering is a means to improve the situation of children. The Global Study bridges the gaps in data collection and generates momentum for renewed commitment to uphold the human rights of all children in detention”, defined Benoit van Keirsbilck, director of DCI-Belgium.
Defence for Children International and Human Rights Watch co-convene the 170-member NGO Panel to coordinate joint advocacy and lobbying efforts towards the launch, completion and follow-up of the Global Study.
Following intensive advocacy in 2014 led by DCI together with a limited group of other NGOs, on 18 December 2014, by resolution 69/157 the United Nations General Assembly (UNGA) officially requested for the Global Study to be carried out. In October 2016, Prof. Manfred Nowak (Austria) was appointed as Independent Expert to lead the Global Study.
Throughout 2018 and 2019, research groups have collected data and practices through questionnaires sent to all UN Member States. The NGO Panel, through active lobbying at the international level has succeeded in creating discussions and putting deprivation of liberty at the centre of the international political agenda.
“Without Defence for Children International there would be no Global Study on Children Deprived of Liberty.”
The Global Study will be presented to the 3rd Committee of the General Assembly in New York on 8 October 2019, and the full report will be made available soon after this
The Global Study includes chapters on administration of justice, on Children living in places of detention with their parents, on Children deprived of liberty for migration-related reasons, on Children deprived of liberty in institutions; Children deprived of liberty related to armed conflict; and Children deprived of liberty related to national security.
After New York, regional launches will take place in Geneva, and at the National and Regional levels.
Once the Study has been delivered, States are expected to implement the good practices identified. As Prof. Manfred Nowak outlined: “if there is no follow-up, the work done will be lost.”
Defence for Children International and the NGO Panel remain thus very committed to share the important recommendations of the Global Study and identify together with relevant UN bodies the most appropriate follow up.
If we are granted the support needed, we have strong hopes for the Global Study to be the first step which will eventually prompt positive change for millions of children behind bars.