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Models of Detention for Children

Models of Detention for Children. Dr Ursula Kilkelly Senior Lecturer in Law University College Cork. Rights-Based Approach. Using international children’s rights standards Convention on the Rights of the Child General Comment of the CRC Havana Rules Beijing Rules

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Models of Detention for Children

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  1. Models of Detention for Children Dr Ursula Kilkelly Senior Lecturer in Law University College Cork

  2. Rights-Based Approach • Using international children’s rights standards • Convention on the Rights of the Child • General Comment of the CRC • Havana Rules • Beijing Rules • Council of Europe Prison Rules • Based on best practice and child-focused • Holistic approach viewing children together with their families and their communities

  3. Use of Detention • Detention as a last resort and for the shortest appropriate period of time - meaning? • Applicable to all forms of detention: • On conviction • On remand • For treatment/assessment purposes. • How can it be achieved? • Sentencing principles - S 96 Children Act 2001 • Alternatives to detention – community sanctions • Bail schemes.

  4. Physical Environment • Detention facilities should be small, decentralised and integrated into the community • Design should meet the needs of young people re space and facilities • Possession of personal effects is integral to the right to privacy and well-being • Private accommodation with supervision

  5. Advocacy, Inspection and Complaints • Inspections should be comprehensive, enjoy full access and be undertaken by qualified independent inspectors • Children should be able to meet privately with inspectors • Right to independent complaints mechanism and assistance in making complaints • Child’s right to accessible information and to a say • Independent advocates may be required to support the child.

  6. Return to the Community • Benefit from programmes designed to assist their return to society, family and school/work • Services should reach-in to the detention centre to establish links with young people and reach-out to them after they leave • Funded re-integration programmes • Importance of contact with family, friends, the community, the world - temporary release and overnight family visits necessary to prepare for return.

  7. Issues for Discussion • Children’s rights and victim’s rights • The role of the community • Implementation of advocacy services: how? • 16 and 17 year olds: what next?

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