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are perceived as a threat to national security. Many children are detained not
because of actual association with non-State armed groups designated as
terrorist, but on the assumption that they are sympathetic to those groups or on
the suspicion of their family members being involved with such groups. In such
cases, children are often tried before military courts without the presence of their
parents or caregivers, without a clear understanding of the charges brought
against them and without legal assistance or any respect for their procedural
rights. Such situations violate the Convention on the Rights of the Child, as well
as the protocols mandating the handover of children associated with armed
forces or groups to civilian authorities for rehabilitation.
C.
Reasons for deprivation of liberty
94. The most important reason for the large number of children in detention is
the lack of adequate support for families, caregivers and communities to provide
appropriate care to children and encourage their development. Such support and
effective cooperation between parents, child welfare, social protection,
education, health, law enforcement and the justice system would prevent
children from being placed in institutions and coming into conflict with the law.
95. “Tough-on-crime” policies, including the criminalization of status offences,
drug offences, petty crimes and low minimum ages of criminal responsibility, as
well as widespread discrimination and corruption, contribute to a large number
of children being deprived of liberty. Similar reasons are behind restrictive
migration and asylum policies and extensive counter-terrorism practices.
D.
Conditions of detention
96. Research conducted for the study, the views of children interviewed and the
Independent Expert’s own experiences from many fact-finding missions show
that, in most States, conditions of detention, in all contexts, are deplorable and
do not meet international standards. Children are often not separated from
adults. Many detention facilities are characterized by overcrowding and high
degrees of abuse, neglect and violence as well as a lack of hygiene standards, air
and sunlight, privacy, adequate health care, recreational and educational
opportunities and gender-sensitive facilities.
97. The absence of independent monitoring bodies with the mandate of
carrying out unannounced visits to all places of detention contributes t o the
continuation of such conditions, which can amount to inhuman and degrading
treatment.
VIII. Recommendations
A.
General recommendations
98. The Independent Expert strongly recommends that States make all efforts
to significantly reduce the number of children held in places of detention and
prevent deprivation of liberty before it occurs, including addressing the root
causes and pathways leading to deprivation of liberty in a systemic and holistic
manner.
99. To address the root causes of deprivation of liberty of children, States
should invest significant resources to reduce inequalities and support families to
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