1 / 8

"He Who opens a school door, closes a prison." Victor Hugo

THE EUROPEAN NPM PROJECT CHILDREN RIGHTS IN PLACES OF DETENTION Víctor Rodriguez-Rescia SPT member European NPM Project’s 6th NPM Thematic Workshop: “The role of SPT and the NPMs in the protection of children from risks of ill-treatment in places of detention”.

roth-elliott
Download Presentation

"He Who opens a school door, closes a prison." Victor Hugo

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. THE EUROPEAN NPM PROJECTCHILDREN RIGHTS IN PLACES OF DETENTIONVíctor Rodriguez-ResciaSPT memberEuropean NPM Project’s 6th NPM Thematic Workshop:“The role of SPT and the NPMs in the protection of children from risks of ill-treatment in places of detention”

  2. "He Who opens a school door, closes a prison." Victor Hugo • “The more children illegally detained, the more risk for them to suffer torture” • Children as Victims of Social Risk • ➢ criminalization of Poverty • ➢ criminalization of children in Social Risk • ➢ criminalization of youth gang membership • criminalization of juveniles and punishing as adults (global trend to reduce criminal age and penalties up) • ➢ Children involved with criminal organizations • ➢ Lack of access to education • ➢ School desertion • ➢ Lack of children's plan of life (HR ICourt vs Children of Street Case. Guatemala)

  3. Children and juveniles in detention places: Special regime CRC B.1. Children in conflict with law B.2. Children in others places of reeducation and rehabilitation What to look for? What do you recommend? How to get confidence: Just a methodology of visit? -sensitive treatment -Language -No formal interview -No rigid questionnaire

  4.  What to look for? • Normative on minor special CRC regime adequate to internal domestic law and soft law minimum standards (Beijing Rules, CPT standards concerning juveniles deprived of liberty -9th General Report-) • Youth public policy and Institutional protection • Wrong and best practices • Material Conditions: • Comprehensive and holistic conditions (Plan of life inside and outside: ICourtIR: Center for reeducation Center "Panchito Lopez" Case vs. Paraguay

  5. What to check • • Conditions of detention facilities when infants and young children are in prison with their mothers (Families living in prison? –Bolivia-) • Self-government prisons • • Human resources issues: staff selection, training and remuneration, and Institutional sensitization of police staff . • • registers ( how the data are collected and registered ) • • Indicators of violence on children by other children and inmates • • Checks on Children with Disabilities • • Checks on ill-treatment negligence • • Unaccompanied children, refugees and asylum seekers

  6. General Rules ➢ To make decisions according the best interest of the Child. ➢ Special Law of preferential application (more quickly) ➢ Separating juveniles awaiting trial from convicted prisoners. ➢ dignified treatment to facilitate their reintegration into society. ➢ They will not be subjected to corporal punishment. ➢ They must be separated from adults. ➢ Right to education and training. ➢ Staff prohibition of carrying weapons ➢ Opportunity to paid work and continue their education or training, but not be forced to do so. ➢ Do not be moved arbitrarily from one center to another.

  7. Main children rights in juvenile detention centers 1. Right to a special judicial system (different of adults system).  2. Right to remain in places different for adults. 3. Right to receive free prompt specialist legal assistance 4.Right to have protection of the State (Public Policies, plans and programs) 5. Prohibition of torture and ill-treatment: Personal integrity 6. Right to prevention and protection against all types of commercial and labor sexual exploitation (prostitution, trafficking, sexual tourism, organ trafficking, labor exploitation)  7. Special care public assistance, recovery and social rehabilitation of victims of sexual exploitation of minors 8. Right to image.

  8. SPT JURISPRUDENCE IN MINORS AND JUVENILE ISSUES ➢ Age of the minors: Lack of Evidence: iuris tantun presumption (Mexico) ➢ The prevention of torture must involve all the places or situations where victims are under the custody of state officials, including public or private places or transportation (Mexico) ➢ In this sense, the SPT recommends that the Mexican State to provide adequate instruction, training and awareness especially to the staff responsible for dealing with minors (Mexico) ➢ The SPT urges the State of Mexico to provide channels of communication with regard to informing parents of minors in their custody on the whereabouts of these (Mexico)

More Related