A/74/136 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. 19-11838 9/23

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