Document Library

Key Text Justice for Children: Detention as a Last Resort

Author: United Nations Children's Fund
Date: 2004
Size: 106 pages (2.2 MB)

Access full text: available online

Summary

Improving justice for children, including juvenile justice laws, policies and procedures is one of the most important strategies for enhancing the protection of children in society. But how can this best be done? This study by Unicef of the East Asia and Pacific region argues for policies that use ‘detention as the last resort’. It concludes that diversion not only reduces the number of children deprived of their liberty, but also decreases the rate of repeat offending by young people.

Juvenile justice is an issue that affects not only children involved in criminal activities but also child victims of poverty, abuse and exploitation. Early and/or inappropriate involvement of youth in the criminal justice system has been recognised globally to have long-lasting negative effects on the individual as well as on society. However, with child-sensitive procedures and proper support, young offenders can change their behaviour and become contributing members of society.

In 2001 UNICEF conducted an overview on juvenile justice in the East Asia and Pacific Region in co-operation with 22 countries. In general, it was found that despite improvements in legislation, many children continue to be arrested, found guilty, and convicted for petty crimes as first time offenders.

Children with previous records of abuse, violence at home, substance abuse, and histories as street children often end up in the juvenile justice system.
Children are sometimes treated as criminals because of their status as street children, as illegal immigrants or as non-citizens in the case of some ethnic minorities.
These children may be locked up in custodial institutions due to insufficient welfare services, poor liaison between police and social workers, and/or lack of proper records on their person.
Contrary to international standards and national legislation, some children are: detained with adults; kept in unhealthy conditions; subjected to inhuman treatment; not provided with access to education; and detained for lengthy periods of time.
Children are also at risk of contracting HIV/AIDS and experiencing drug and substance abuse while in detention.

There has been a recent increase in activities focused on improving juvenile justice in the East Asia and Pacific region. However, there are still many challenges facing systems in the region to bring them in line with international standards that support the rights of the child.

Greater impact is likely to result from non-custodial interventions. Laws and policies that recognise child-sensitive procedures and diversion for juveniles are important.
Multi-sectoral training on juvenile justice helps to strengthen collaboration and co-ordination among the key pillars of justice. The support of police officers is fundamental to the success of diversionary practices.
Effective interventions must address the multiple root causes of a young person’s criminal behaviour.
Prejudice and discriminatory attitudes towards young offenders need to be addressed. Children and young people need to be consulted in juvenile justice programmes.
More strategic interventions are needed to deal with young offenders who are repeat offenders and/or commit more serious crimes. Increased attention is needed to address the specific needs of girl offenders.
Monitoring systems are needed to evaluate and assess the impact of pilot initiatives in juvenile justice and to support advocacy for legislative reforms.

Access full text: available online

Source: United Nations Children's Fund, 2004, Justice for Children: Detention as a Last Resort, Innovative Initiatives in the East Asia and Pacific Region, United Nations Children’s Fund (UNICEF)
Author: United Nations Children's Fund (UNICEF), http://www.unicef.org