Child victims of trafficking and sexual abuse often face further victimisation under detention. No child shall be deprived of his or her liberty unlawfully or arbitrarily." So states the Convention on the Rights of the Child, one of the seven core treaties of the international human rights framework. But, according to Unicef, an alarming number of children around the world are being deprived of their liberty, held in detention without sufficient cause. The Convention stresses that imprisonment of a child shall be used "only as a measure of last resort and for the shortest appropriate period of time", but many children are rounded up simply for being a nuisance or perceived as a threat. Moreover, most of them are not tried, and are held for months, and in some cases years, often without access to legal aid. Also, in keeping with the Convention, legislation in most countries requires separate facilities for children to prevent abuse and exploitation by adults. Yet detention with adults is routine in many countries. Unicef estimates indicate that more that one million children worldwide are living in detention as a result of being in conflict with the law. The term 'children in conflict with the law' refers to anyone under 18 who comes in contact with the justice system as a result of being suspected or accused of committing an offence. Most children in conflict with the law have committed petty crimes or such minor offences as vagrancy, truancy, begging or alcohol use. Some of these are known as 'status offences' and are not considered criminal when committed by adults.
Child-hoods in jail? It's simply criminal Most of these children are from deprived communities and families and are criminalised for simply trying to survive. Often, they are held under deplorable and inhumane conditions. Physical abuse is common and children suffer deep trauma resulting from torture and interrogation. Child victims of trafficking and sexual exploitation are often re-victimised. "Children in detention are frequently subjected to violence by staff...they may be beaten, caned, painfully restrained, and subjected to humiliating treatment such as being stripped naked and caned in front of other detainees. Girls in detention facilities are at particular risk of physical and sexual abuse," according to a UN study on violence against children released in August. Children in detention are also at risk of self-harm or suicidal behaviour, the study says. Putting children in prison instead of seeking alternatives stigmatises them as delinquents, robs them of opportunities for jobs and scholarships and exposes them to others who have committed more serious crimes. It also increases the likelihood of children breaking the law once again. Are there alternatives to detention? Yes, says Unicef. Its recommendations: Don't imprison children simply trying to survive; divert children who have committed minor crimes away from the criminal justice system; use detention only as a last resort; when children are imprisoned they should be kept separate from adults; governments should monitor the situation very closely, at a minimum having records of how many children are in jail and how long they have been there.
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