A/55/290
has also continued to receive information according to
which children were allegedly at risk of deliberate acts
of torture, including forms of sexual abuse.
11. The Special Rapporteur has received information
according to which children have been subjected to
cruel, inhuman or degrading treatment in non-penal
institutions. Unlike most adults, children can be
deprived of their liberty in a variety of legal settings
other than those related to the criminal justice system
and are thus reported to be particularly vulnerable to
some forms of torture or ill-treatment in an institutional
environment. Foster care systems and residential
institutions caring for children who become wards of
the State after being orphaned or removed from
parental care for their own protection are in some cases
alleged to permit inhuman forms of discipline or
extreme forms of neglect. Particularly in the case of
extremely young children, such abuses can amount to
cruel and inhuman treatment. State workers in care
institutions are sometimes poorly trained and
supervised and are in many cases able, not necessarily
with official approval but owing to insufficient
monitoring, to subject children to physical, emotional
or sexual abuse which would rarely be tolerated in
juvenile justice institutions. Similar problems appear
also to be experienced in some institutions caring for
mentally ill children or children with other disabilities.
Cases are also reported in which existing legislation
allows children to be imprisoned on the grounds of
mental illnesses and allegedly kept in chains while in
prison.
12. Unlike detention within the justice system, which
in most cases will take place for a predetermined
period of time, children are sometimes held in such
institutions and subjected to cruel and inhuman or
degrading treatment without time limits or periodic
reviews or judicial oversight of the placement decision.
Such indeterminate confinement, particularly in
institutions that severely restrict their freedom of
movement, can in itself constitute cruel or inhuman
treatment. Children in care leave such institutions on
reaching the age of legal majority. Reports from some
countries seem to indicate that these children are often
unprepared for independent life as a result of the
degrading treatment they have received and are thus
particularly likely to come into contact with the
criminal justice system at a later stage, perpetuating a
cycle that can expose individuals to repeated
victimization. Children with disabilities who suffer
4
from cruel and inhuman treatment in institutions can be
subjected to such treatment throughout their lives
because they continue to be institutionalized as a result
of their disabilities. Some of these children may be
particularly vulnerable to continuing forms of
degrading treatment as they are unable to articulate
their experiences and complaints as a result of their
disability or isolation.
13. The Special Rapporteur notes the reported lack of
appropriate monitoring and complaints mechanisms for
institutions dealing with children. It is alleged that in
some cases, this may be exacerbated by the denial of
counsel, even to older children, because of their status
as minors; it is further alleged that some children are
represented only by their parents or legal guardians
who may not always act in the best interests of the
child. The lack of appropriate surveillance of
institutions to deter and to provide remedies for
instances of maltreatment is reported to be a common
problem in all types of institutions where children are
held.
14. Children being cared for in institutions can also
be particularly vulnerable to torture and ill-treatment,
not only because of their young age, but also because
of the over-representation of children from particularly
vulnerable groups among those institutionalized.
Former street children, refugee and internally displaced
children,
unaccompanied
child
asylum-seekers,
children considered as illegal migrants, children from
minority groups and children who have previously
suffered abuse from public officials or within the
family are more likely to be cared for in institutions.
As members of marginalized groups, they are less
likely to be able to make formal complaints of cruel
and inhuman or degrading treatment. Discriminatory
attitudes towards some vulnerable groups can mean
that they are perceived as being less credible in their
allegations or not fully entitled to an equal standard of
protection.
15. The Special Rapporteur is particularly concerned
at the information received indicating that children
have been subjected to extreme forms of torture as a
result of armed conflict situations. Furthermore, the
Special Rapporteur notes that the failure of some States
to protect them has been of serious concern to the
Committee on the Rights of the Child. Violations
reported during armed conflict include severe forms of
torture and other forms of ill-treatment inflicted on
child civilians and children recruited into armed forces,