A/HRC/28/68
marginalized groups, including street children and children with psychosocial disabilities,
are reportedly detained in these centres.
55.
Similarly, the involuntary commitment of children with mental disabilities,
including those who have long-term intellectual or sensory impairments, to psychiatric and
social care institutions, psychiatric wards, prayer camps, secular and religious-based
therapeutic boarding schools, boot camps, private residential treatment centres or traditional
healing centres has been well documented. Such children may live their whole lives in such
psychiatric or social care institutions (A/HRC/22/53, paras. 57 and 68). Article 14,
paragraph 1 (b) of the Convention on the Rights of Persons with Disabilities
unambiguously states that “the existence of a disability shall in no case justify a deprivation
of liberty”. The Committee on the Rights of Persons with Disabilities has found that
legislation that allows detention in a mental health institution on the basis of a standard of
danger to self or others infringes this provision. Indeed, the Committee has repeatedly
urged States to ensure that no one is detained against their will in any kind of mental health
facility. 17 Furthermore, the Special Rapporteur has observed the continued use of solitary
confinement and prolonged restraint of children with disabilities in psychiatric institutions.
The environment of patient powerlessness and abusive treatment of children with
disabilities in which restraint and seclusion are used can lead to other non-consensual
treatment, such as forced medication and electroshock procedures (A/HRC/22/53, para. 63).
56.
One of the most egregious forms of abuse in health and social care settings is unique
to children. Numerous studies have documented that a child’s healthy development depends
on the child’s ability to form emotional attachments to a consistent care-giver. 18 Children
need more than physical sustenance; they also require emotional companionship and
attention to flourish. Unfortunately, this fundamental need for connection is consistently not
met in many institutions, leading to self-abuse, including children banging their head
against walls or poking their eyes. In reaction, care-givers use physical restraints as a longterm solution, or hold the children in cages or their beds, practices that have been linked to
muscular atrophy and skeletal deformity.
57.
Another form of ill-treatment of children in health and social care detention settings
is inappropriate medical care, including the use of psychoactive medications on children for
punitive purposes, such as injected tranquilizers, which immobilize children for days, and
forced labour in the guise of medical necessity. During one mission, the Special Rapporteur
witnessed appalling conditions and ill-treatment of children with mental disabilities in socalled prayer camps, which are alternative residential facilities. He documented cases of
shackling to the walls, floors or trees and forced fasting, in some cases on children with
neurological problems (see A/HRC/25/60/Add.1, paras. 74-77).
58.
Unsanitary and unsafe conditions may also lead to a violation of the prohibition of
ill-treatment. The Special Rapporteur observes that overcrowding is present in many
institutions, leading to severe constraints on institutional resources, shortages of adequate
food, clean drinking water, bedding and medical care. Overcrowding also increases the risk
of disease transmission and infection. Furthermore, adults and children are often not
segregated in institutional facilities, leading to issues of exploitation.
17
18
12
See for example CRPD/C/AUT/CO/1 paras. 29-30, CRPD/C/SLV/CO/1 para. 31-32 and
CRPD/C/AZE/CO/1, paras. 28-29.
See Marinus H. van IJzendoorn et al., “Children in institutional care: delayed
development and resilience”, Monographs of the Society for Research in Child
Development, vol. 76, No. 4 (2011), pp. 8-30; and Rebecca Johnson et al., “Young
children in institutional care at risk of harm”, Trauma, Violence & Abuse, vol. 7, No.
1 (2006), pp. 34-60.
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