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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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