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.

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.

The Global Study  will be presented to the 3^rd 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.

Next steps

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.