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32. Stigma and misconceptions often lie at the root of the problem. Children with
disabilities are deprived of liberty in order for them to access services that should be
delivered in the community, such as education, health care or rehabilitation. Families
often lack the social and financial support to provide the care needed for their child,
or to empower them to cope with providing round -the-clock support.
33. In addition, these children experience unique, disability-specific forms of
deprivation of liberty. On the basis of the existence or the presumption of having an
impairment, these children are systematically placed in institutions, involuntarily
committed to mental health facilities, detained in forensic facilities and/or detained
at home and other community settings, often in deplorable conditions. These practices
occur across a range of States that differ in economic and social status or legal
tradition. However, they share common characteristics, rationales and justifications
that stem from the medical model of disability.
34. Children with disabilities deprived of liberty are at a heightened risk of violence,
abuse and exploitation, which may amount to torture or other forms of ill-treatment,
including being restrained, shackled, secluded and/or beaten by staff as a form of
control and/or punishment.
E.
Gender dimension
35. The data collected for the study indicate significant gender disparities in the
situation of children deprived of liberty. Altogether, there are far more boys deprived
of liberty worldwide than girls. In the administration of justice and in the contexts of
armed conflicts and national security, 94 per cent of all detained children are boys; i n
migration detention the figure is 67 per cent and in institutions it is 56 per cent. The
number of boys and girls who live with their primary caregiver (almost exclusively
mothers) in prison is similar.
36. Compared with the overall crime rate for children, the data gathered for the
study show a tendency of the child justice system to be more inclined to apply
diversion measures to girls than boys. While approximately one third of all criminal
offences worldwide committed by children are attributed to girls, only 6 per cent
receive a prison sentence. There may be various reasons for this phenomenon. Most
importantly, girls usually commit less violent offences and are more often accused of
status offences. Girls are generally first-time offenders and more receptive to the
deterrent effect of incarceration. Another explanation is the “chivalrous and
paternalistic” attitude of many male judges and prosecutors in the child justice
systems, who assume, according to traditional gender stereotypes, that girls are more
in need of protection than boys.
37. Although most States allow convicted mothers to co-reside with their young
children in prison, only eight States explicitly permit fathers to do so. Even in places
where fathers as primary caregivers are allowed to co-reside with their children, there
are (almost) no appropriate “father and child units” in the prisons, which means that
there are practically no children co-residing in prison with their fathers.
38. While boys are overrepresented in detention, girls often suffer gender-based
discrimination. Research conducted for the study shows that girls are more likely to
be arrested for status offences, for behaviour rather than actual criminal activity,
including sexual activity, truancy and running away from ho me. Girls living on the
streets are particularly vulnerable, as they are often arrested for prostitution. If States
criminalize abortion, girls risk incarceration, even where the pregnancy is a result of
rape. Girls from poor families run a higher risk of institutionalization and
incarceration, as they lack access to supportive systems. In detention, girls are
particularly vulnerable to sexual and other forms of violence.
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