European legal and policy framework on immigration detention of children Ø Deprivation of liberty can have shortand long-term negative effects on the physical, psychological, social and general development of a child. Empirical research on the consequences of detention on children of different ages leads to this conclusion. Various factors can result in these physical and psychological effects on children in detention. They include inadequate educational activities; lack of physical and mental stimulation, and little opportunity for play; lack of privacy; and an interference with normal family routines.3 Children are also exposed to violence and injury, which can have physical and psychological health effects.4 For example, a study on the mental and physical health difficulties of children in UK immigration centres noted developmental, educational and child protection concerns.5 Immigration detention has harmful effects on the physical and mental health of children, a report to the Australian Human Rights Commission found, through observation, interviews and formal testing.6 The detention environment can have a serious and detrimental impact on children’s development and mental health, the Australian Human Rights Commission concluded, based on a range of evidence and testimonies. It found that one in three children had mental health disorders.7 Harmful consequences for a child’s psychological health include stuttering and attachment problems.8 Detention is associated with high levels of anxiety, psychological distress, affective and post-traumatic stress disorder, and deliberate self-harm, according to a study on the mental health of detained asylum-seeking children in the EU.9 All of the children held within a UK immigration detention centre suffered from depression and anxiety, and other behavioural problems and global distress were common, a study of their mental health showed.10 In addition to the psychological impact, doctors specialising in child health examined 24 children in an immigration removal centre in the United Kingdom and found that the children had developed physical problems relating to their detention.11 Other studies have observed incontinence and food refusal in detained children.12 Further, sleep problems, somatic complaints and weight loss were common.13 The impact of detention varies and often depends on the child’s age.14 The Committee on the Rights of the Child has recognised that psychological stress on the parents is also likely to affect the well-being of young children and babies.15 8 9 10 3 4 5 6 7 16 Australian Human Rights Commission (2014), The Forgotten Children: National Inquiry into Children in Immigration Detention, Sydney, Australian Human Rights Commission, p.36. Barnert, E.S., Perry, R., et al. (2016), ‘Juvenile Incarceration and Health’, Academic pediatrics, Vol.16, No. 2, pp. 99–109. Lorek, A., Ehntholt, K., et.al. (2009), ‘The mental and physical health difficulties of children held within a British immigration detention center: A pilot study’, Child Abuse and Neglect, Vol. 33, No. 9, pp. 573-585. Eliot, AM E., Gunasekera, H., (2015), ‘The health and wellbeing of children in immigration detention‘, Report to the Australian Human Rights Commission Monitoring Visit to Wickham Point Detention Centre Darwin, NT, October 16th – 18th 2015, p.3. Australian Human Rights Commission (2014), The Forgotten Children: National Inquiry into Children in Immigration Detention, Sydney, Australian Human Rights Commission, pp. 59-61. 11 12 13 14 15 Silove, D., Austin, P., Steel, Z., (2007), ’No Refuge from Terror: The Impact of Detention on the Mental Health of Trauma-affected Refugees Seeking Asylum in Australia’, Transcult Psychiatry, Vol. 44, No. 3, p. 369. Hodes, M. (2010), ‘The mental health of detained asylum seeking children’, European Child and Adolescent Psychiatry, Vol. 19, No.7, pp.621–623. Lorek, A., Ehntholt, K., et.al. (2009), ‘The mental and physical health difficulties of children held within a British immigration detention center: A pilot study’, Child Abuse and Neglect, Vol. 33, No. 9, pp. 573-585. Mooney, H. (2009), ‘Detention centres are bad for immigrant children’s health, study finds’, British Medical Journal, p 339. Silove, D., Austin, P., Steel, Z., (2007),‘No Refuge from Terror: The Impact of Detention on the Mental Health of Traumaaffected Refugees Seeking Asylum in Australia‘, Transcult Psychiatry, Vol. 44, No. 3, p.369. Lorek, A., Ehntholt, K., et.al. (2009), ‘The mental and physical health difficulties of children held within a British immigration detention center: A pilot study’, Child abuse and neglect, Vol. 33, No. 9, pp. 573-585 Australian Human Rights Commission (2014), The Forgotten Children: National Inquiry into Children in Immigration Detention, Sydney, Australian Human Rights Commission, p.87. UN, Committee on the Rights of the Child, General Comment No. 7 (2005): Implementing child rights in early childhood, 20 September 2006, CRC/C/GC/7/Rev.1, para. 18.