DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
2.2. Context of vulnerability of children deprived
of their liberty
The common feature of all of the previously mentioned forms of placement is
that they deprive children of their liberty and that the children placed there are
not allowed to leave at will. Deprivation of liberty places children in a particular
dependent situation of an imbalance of power – i.e. children generally stay in
institutions that can lack transparency and make them entirely dependent on the
regime and administration. This in itself makes children vulnerable.
The age, level of maturity, stage of development, gender, ethnicity, psychological
fragility and potential state of trauma, physical or mental disability, substance
abuse, level of education, administrative status and family situation of children
deprived of liberty added to that context of imbalance of power puts them in a
situation that makes them more at risk of abuse and discrimination than adults
or their peers in the community.
These risks can be from staff members or other children, or from the regime of
the institution itself. The time of arrest by the police is, for example, particularly
risky: the arrest can be arbitrary, the force can be used excessively as well as verbal
abuses and threats, lack of information on their rights and no access to parents,
guardians or legal assistance.
In breach of international standards, which state that children should be separated
from adults “unless it is considered in the child’s best interest not to do so” (article
37(C) of the CRC), the absence of separation between children and adults and
between children themselves can also be damaging. They may be more exposed
to abuses and this compromises their ability to rehabilitation and reintegration
into society. Examples: pre-trial detention alongside with convicted children,
deprivation of liberty for immigration purpose in places where children and adults
are mixed, deprivation of liberty of girls and women together or of boys and girls
without separation, or of younger and older children together, etc.
The excessive use of discipline and security measures and of a punishing approach
can also be at the origin of violence and anger, of reinforced psychological disorder,
trauma and depression that can lead to violent behaviour, self-harm or suicide.
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents