DEPRIVATION OF CHILDREN’S LIBERTY
In breach with international standards that recommend that children should
not be held in solitary confinement and that disciplinary measures and means
of constraints are only used proportionately for security reasons, isolation and
solitary confinement are still frequently used not only as a protective measure for
the others and/or for themselves but also for disciplinary purpose.
Other negative effects of deprivation of liberty on children are the lack or inadequacy
of individualised care, treatment and/or educative programmes as well as the denial
or limited access to physical activities, recreation, leisure, and contacts with the
family and outside world which, on the one hand, prevents the accomplishment
of the rehabilitation and reintegration into community’s purpose, and on the other,
causes demotivation, idleness and contributes to risk of violence and ill-treatment.
Whether the premises themselves respond to the children’s needs and particular
rights, and the location of the premises from the child’s home and family are also
potential sources of violations of their rights and can contribute to difficulties
with reintegration.
A lack of appropriate initial and on-going training of staff, and difficult working
environments may also lead to inadequate treatment and care and to violation
of children’s rights.
Some children, due to their situation of particular vulnerability, are at heightened
risk of being discriminated and/or abused and will require even more attention
when it comes to safeguarding and prevention. This is the case for girls, foreign
children or children on the move, children with mental health problems or with
disabilities, children from ethnic or religious minorities and lesbian, gay, bisexual,
transgender or intersexual children.
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