A/74/136
39. Almost half the world population lives in the 70 States in which existing laws
criminalize conducts on the basis of sexual orientation. Children belonging to the
lesbian, gay, bisexual, transgender and intersex (LGBTI) community are more likely
to be arrested and detained for status offences, in particular for sexual activity and
expressions of sexual orientations and gender identities. LGBTI children are
overrepresented in child justice facilities and health-related institutions. They are
usually placed in gender-inappropriate detention facilities and are particularly
vulnerable to sexual and other forms of violence.
V. Situations of children deprived of liberty
A.
Administration of justice
40. A comprehensive set of international human rights standards is testimony to a
strong legal and political commitment by the international community to prevent
deprivation of liberty of children in the administration of justice. That legal
framework has already contributed to the establishment of specialized child justice
systems, the adoption of non-custodial solutions and a decrease in the number of
children deprived of liberty. Nevertheless, there are still at least 410,000 children held
in detention every year in remand centres and prisons. This does not include an
estimated 1 million children held every year in police custod y. On the basis of the
State responses to the questionnaire, it is not possible to provide an evidence -based
figure for the number of children held in police custody on any given day.
Nevertheless, research for the study proves that detention remains the s ad reality of
an estimated 160,000–250,000 children in remand centres and prisons worldwide on
any given day.
41. These data suggest that detention in the context of the administration of justice
is still widely overused. There are a number of reasons for this phenomenon, starting
before and going beyond the criminal justice system (e.g., lack of effective child
welfare systems; lack of support for family environments; excessive criminalization;
low minimum age of criminal responsibility; harsh sentencing; discrimination;
socioeconomic reasons; lack of resources in the administration of justice).
42. In times of globalization and complex changes in societies, there is an increased
need to support families, communities, schools and child welfare systems.
Instruments for structured inter-agency cooperation between the child welfare, social
protection, education and health systems, law enforcement and the justice system, to
build comprehensive child protection systems and implement prevention and early
intervention policies, remain underdeveloped or ineffective.
43. Instead of prevention, States often rely on repressive and punitive policies that
lead to excessive criminalization. Behaviours that are typical for children are
criminalized as so-called “status offences”: children are charged and detained for
truancy, running away from home, disobedience, underage drinking, consensual
sexual activity between teenagers, “disruptive” behaviours and practices against
traditions and morality. Despite encouragement by the Committee on the Rights of
the Child to States to increase the minimum age of criminal responsibility to at least
14 years, over 120 States maintain the minimum age at below 14.
44. Legislation and practice allowing life imprisonment without possibility of
release and capital and corporal punishment, still persist, despite their absolute
prohibition under article 37 (a) of the Convention on the Rights of the Child. Life
sentences remain legal in 68 States, specifically in Africa, Asia, the Caribbean and
Oceania. In the 110 States and territories which have no life sentence for children, the
maximum sentence ranges from 3 to 50 years. In some cases, children have been
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