A/74/136 74. The vast majority of States have adopted new counter-terrorism legislation or amended existing national laws, often expanding the scope thereof in ways that negatively affect children. Such measures place children at heightened risk of detention for alleged national security offences. 75. Counter-terrorism legislation often fails to distinguish between adults and children, includes overly broad definitions of terrorism, provides fewer procedural guarantees and imposes harsher penalties. Some States criminalize mere association with non-State armed groups designated as terrorist, thereby increasing the number of children detained and prosecuted for association with such groups. Such laws are also used to detain children for a broad range of activities outside of national security concerns, such as posting political opinions online, participating in peaceful protests, involvement in banned political groups or alleged gang activity. 76. Following their recruitment via the Internet, some children have been detained and tried for terrorism-related offences, despite being far from the theatre of large scale hostilities, often acting on the instructions of individuals that they have never met. Children have also been detained or even convicted, not for violent activity, but simply for posting content on Facebook, Twitter or other online platforms that is perceived as supporting non-State armed groups designated as terrorist. 77. Some children who have been recruited across borders by such groups have been detained and prosecuted upon their return to their home countries in Europe and other regions. 78. Children charged with national security offences may be more likely to be detained without charge or trial for long periods and prosecuted in adult or military courts that have no child justice safeguards. Children have been detained without charge or trial for years and, when convicted, have sometimes received harsh sentences, including life imprisonment. Diversion or non-custodial solutions are often unavailable. VI. Progress achieved 79. There are a considerable number of positive practices, which are documented in detail in the global study. The current report highlights some general trends that have led to an improvement in the rights of children deprived of liberty or at risk thereof. 80. In the administration of justice, most States have introduced child justice legislation and established corresponding specialized procedures, including courts for children, which have led to the effective diversion of children from the criminal justice system. These developments seem to have contributed to a decrease in the number of children detained in remand centres and prisons. While UNICEF in 2007 estimated that over 1 million children were detained in the context of the administration of justice, data collected for the study indicate that the number is currently less than half that. 81. With respect to children living in prisons with their primary caregivers, questionnaire responses reveal that many Governments accord much more attention to the issue than before. They apply an individualized, informed and qualitative approach, which aims at striking a fair balance between the interests of the primary caregivers, usually mothers, to keep their young children with them in prison, and the best interests of the affected children. Research for the study also indicated a trend in both State practice and high court jurisprudence to ensure, as far as possible, that caregivers with children are not sentenced to prison terms and that non -custodial solutions are prioritized. 19-11838 15/23

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