A/74/136
82. With respect to migration-related detention of children, research for the study
and questionnaire responses reveal that at least 21 States do not, or claim not to,
deprive children of their liberty for migration-related purposes.
83. The Guidelines for the Alternative Care of Children of 2009 seem to have had
an impact on the deinstitutionalization practices of States. While in the global study
on violence against children of 2006, the total number of children in institutions was
given as 8 million, research conducted for the current study estimate the number to
be between 3.5 and 5.5 million. Deinstitutionalization measures have been adopted,
for example, in Central and Eastern Europe, as well as in Central Asia. Many of those
children, including those with disabilities, have now been reunited with their families
or placed in family-type settings in the community.
84. In the context of armed conflict, the Security Council, in resolution 2427 (2018),
called on all parties to such conflicts to cease unlawful or arbitrary detention and
encouraged States to establish “standard operating procedures for the rapid handover
of the children concerned to relevant civilian child protection act ors”. This has
already had a positive impact on State practice, as some African States have signed
such handover protocols with the United Nations, transferring children associated
with armed forces and armed groups to child welfare centres, with the aim o f ensuring
their rehabilitation and reintegration into society.
85. With respect to national security, several States have opted for children
associated with non-State armed groups designated as terrorist to be tried in special
courts for children. While many States have been reluctant to bring home child
nationals associated with such groups from conflict-affected areas, some States have
adopted return plans with clear responsibilities for State authorities concerning the
necessary steps for the safety, reintegration and rehabilitation of such children.
VII. Conclusions
A.
Magnitude of the phenomenon
86. Data collected for the study and well-grounded scientific approximations
indicate that, altogether, a minimum of between 1.3 and 1.5 million chil dren are
deprived of liberty per year. Of those, the largest number are in institutions
(430,000–680,000), followed by those in the administration of justice (410,000),
migration-related detention (330,000), in armed conflict situations (35,000) and
for national security reasons (1,500). An additional 19,000 children are living
with their primary caregivers in prisons. The Independent Expert wishes to
stress that those figures are arrived at on the basis of scientifically sound
methodologies, yet remain highly conservative owing to the scarcity of official
and reliable disaggregated data. In particular, the figures do not include the
approximately 1 million children in police custody and an even higher number
of children deprived of liberty de facto in institutions.
87. The majority of States which responded to the questionnaire had difficulties
in providing comprehensive, up-to-date and disaggregated data on the number
of children in various situations of detention. Administrative records are
particularly limited in the context of migration, institutions, national security
and armed conflict.
16/23
19-11838
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