2. DEPRIVATION OF CHILDREN’S LIBERTY –
CONTEXT
ʺʺ WHY ARE CHILDREN DEPRIVED OF LIBERTY?
ʺʺ WHERE CAN CHILDREN BE DEPRIVED OF THEIR LIBERTY?
ʺʺ WHO DEPRIVES CHILDREN OF THEIR LIBERTY?
2.1. Context and forms of deprivation
of liberty of children
All children without distinction can be deprived of their liberty for a variety of
reasons. Consequently, deprivation of liberty can have different forms and can
take place in different contexts.
In the context of criminal justice, children can be deprived of their liberty for
being suspected, accused or convicted of having committed a criminal offence.
These children can be arrested and placed in pre-trial detention; they can also be
sentenced to a custodial sentence. Consequently, these children can be held in:
ʺʺ Police detention facilities including cells in police stations or vehicles;
ʺʺ Cells in court-houses;
ʺʺ House arrest;
ʺʺ Pre-trial detention centres or remand homes;
ʺʺ Facilities, including prisons, that hold children who have been convicted for an offence.
Closely related to children deprived of their liberty in the context of criminal
justice, are children who (allegedly) committed status offences, which would
not be criminalised if committed by adults, such as living in the streets, begging,
truancy etc. or children who have substance abuse problems. These children can
end up being deprived of their liberty in one of the settings mentioned above or
in a drug rehabilitation unit.
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