More than 45,000 children have been released from detention and safely returned to family or an appropriate alternative since the beginning of COVID-19 pandemic, which proved that child-friendly justice solutions “are more than possible”, said a data released by UNICEF.
Governments and detaining authorities in at least 84 countries released thousands of children since April 2020 soon after UNICEF drew attention to their increased risk of contracting COVID-19 in confined and overcrowded spaces, and called for their immediate release, said the data “Detention of children in the time of COVID”.
The study is one of two analyses that illustrate the situation for hundreds of thousands of children deprived of their liberty every year. Both reports are released ahead of the World Congress on Justice with Children.
THE CALL
UNICEF Executive Director Henrietta Fore noted that justice systems are ill-equipped to handle the specific needs of children – a situation further exacerbated by the COVID-19 pandemic. ““We commend countries which heeded our call and released children from detention. By protecting children from conditions that could have exposed them to grave illness, these countries were able to overcome public resistance and spur innovative, age-appropriate justice solutions. This has proved something we already knew – child friendly justice solutions are more than possible,” she said.
CHILDREN IN DETENTION
The Children include pre- and post-trial custody, immigration detention, held in relation to armed conflict or national security, or living with parents in detention – are often held in confined and overcrowded spaces. They lack adequate access to nutrition, healthcare and hygiene services, and are vulnerable to neglect, physical and psychological abuse, and gender-based violence. Many are denied access to lawyers and family care, and unable to challenge the legality of their detention.
COVID 19
The pandemic affected justice for children, shuttering courts and restricting access to essential social and justice services. The UNICEF notes that several children, including children in street situations, were detained for violating pandemic curfew orders and movement restrictions.
JUSTICE
The UN Agency said that about 261,000 children are held in detention worldwide. Stressing that any child detained is evidence of failed systems, Fore said that Justice systems meant to protect and support children often add to their suffering, “As policymakers, legal practitioners, academics, civil society, and children and young people convene at the World Congress this week, we must work together to end the detention of children,” she said.
To reimagine justice for children and safely end detention of all children, UNICEF is calling on governments and civil society to:
- Invest in legal rights awareness for children in justice and welfare systems, especially for the most marginalized children.
- Expand free legal aid, representation, and services for all children.
- Prioritise prevention and early intervention in child offending and diversion to appropriate alternatives.
- End the detention of children, including through legal reforms to raise the age of criminal responsibility.
- Ensure justice for child survivors of sexual violence, abuse or exploitation, including investing in child and gender-sensitive justice processes.
- Establish specialised child-friendly courts, and virtual and mobile courts.
