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,

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