6. COMPLAINT MECHANISMS AVAILABLE
TO CHILDREN DEPRIVED OF LIBERTY 8
The last section of this Guide is devoted to a particular aspect, which should be of
particular interest to monitoring bodies during their visits: complaints mechanisms
available to children deprived of liberty. Accessible within the places depriving
children of their liberty by the management, a specific staff member awarded
the task, or through an external body (with a hotline); accessible to external
bodies (independent or not) through (e)mails, mailbox, telephone or through other
means of communication; that the complaint be formal or informal; individual
or collective; written or oral; lodged by the child him/herself or through his/
her parents, guardians or representatives or through his/her lawyer. Complaints
mechanisms are a fundamental guarantee of the respect of the rights of children
deprived of their liberty. The reason why an entire section of this Guide is devoted
to it is simple: accessible and safe complaints mechanisms available to children
deprived of their liberty is an essential complementary mechanism to ensure
respect for the rights of children deprived of liberty. In addition, we consider that
if the right of children deprived of their liberty to complain was implemented
efficiently and effectively, small violations, grievances and complaints could be
identified and addressed at the earliest stage possible, allowing greater promotion
of the rights of children and without a child having to wait until a monitoring visit
takes place to raise a violation and to ask for redress.
In practice, children deprived of their liberty can find it very difficult to make
complaints either to internal or to external bodies. They are often expected to use
complaints procedures that have been developed for use by adults and are not
adapted to children’s capacity and development, age and degree of vulnerability.
Children find themselves in an unfamiliar and sometimes hostile environment.
They may be afraid to make a complaint out of fear of negative consequences
of complaining against staff with whom they are in contact daily. They may be
unaware that they have grounds for complaint and consider, for example, that
the use of violence as a form of punishment is common and widespread practice.
8 Adapted from the PRI / IPJJ publication The right of children deprived of liberty to make complaints (2013) http://www.
penalreform.org/wp-content/uploads/2013/08/Briefing_child-complaints-v4_FINAL.pdf with permission from PRI
147
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