DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
Perhaps most significantly, they may lack trust and confidence that their complaints
will be believed and fairly assessed; this may be the case particularly in cases of sexual
exploitation and abuse which can be associated with stigma, shame and secrecy.
There may be an existing sub-culture among the children detained that complaining
about abuse by other children is strongly prohibited and they may face reprisals.
6.1. Goals and objectives of complaint mechanisms
Children who have been deprived of their liberty have the right to make requests
and / or to complain about their conditions, treatment and care through mechanisms
that are easily accessible, child-sensitive, effective and safe. Upholding the right to
complain is very important for giving a voice to children deprived of their liberty
and for ensuring that their other human rights are protected. Such requests and /
or complaints may concern issues of daily routine such as provision of adequate
food and water and access to recreation. They can also raise concerns about access
to education or contact visits, allegations of ill-treatment such as torture, violence,
abuse and exploitation by police, staff members or other detained children.
Often, many minor complaints can be dealt with efficiently and effectively through
informal mechanisms, such as individual or collective oral requests and mediation.
However, children also need to be guaranteed access to formal systems of complaint
when informal mechanisms have been exhausted or have reached their limits, or
to address violations of their rights through a more procedural process.
Effective complaints procedures can be seen as part of the treatment of children
deprived of their liberty which contributes to reinforcing their respect for
human rights and fundamental freedoms. Both formal and informal complaints
mechanisms can ensure that places depriving children of liberty are transparent
and accountable for realising the rights of children in their care. They can act as a
deterrent to violations of children’s rights, as an early defusing of tensions, assist
with reintegration and bring information about serious abuses against children into
the public domain. Furthermore, when authorities systematically analyse requests
and/or complaints that have been made, this can help them to identify challenges
and changes needed in policy, practice and legislation. Facilities depriving children
of liberty which have an effective (formal and informal) complaints procedure also
give the public confidence that institutions are working to ensure children are
aware of their rights, empowered to ask for respect and are being rehabilitated.
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