MARCH 2023
2023-2024 Roadmap for Action on Justice for Children and Deprivation of Liberty
The Global Forum on Justice for Children and Deprivation of Liberty, held in Nouakchott, Mauritania, on 8-9 November 2022, took stock of the work achieved by the NGO Panel on Children Deprived of Liberty since the publication of the UN Global Study on Children Deprived of Liberty (GSCDL) in 2019. The Global Forum identified good practices as well as structural and system changes that prevent deprivation of liberty and facilitate the implementation of alternatives.
The Forum adopted a roadmap for action for the follow-up activities carried out by the partners of the Global Study. The roadmap describes the collaborative efforts of a variety of stakeholders integrating a cross-sectoral and multistakeholder approach. The timeframe for the roadmap is 2023-2024, leading up to the five-year anniversary of the UN Global Study on Children Deprived of Liberty, when progress will be assessed, and next steps defined.
Download the 2023-2024 Roadmap here.
NOVEMBER 2022
Global Forum on Justice for Children and Deprivation of Liberty, Nouakchott, Mauritania
The NGO Panel (co-chaired by Defence for Children International and Terre des hommes) in partnership with the Special Representative of the Secretary-General on Violence against children organised an international global Forum of two days three years after the publication of the Study. It was an opportunity to take stock of the work achieved on justice for children and deprivation of liberty, mobilising key stakeholders to trigger action in front of unprecedented challenges, ensuring that no child is left behind.
The Global Forum:
- Took stock of progress and challenges for each cluster: Administration of Justice, children deprived of liberty with their primary caregiver, children on the move, children in institutions and children detained in the context of armed conflict/national security grounds;
- Exchanged promising practices from different countries and contexts, such as investment in non-custodial measures to ensure children’s safe reintegration into families and communities;
- Advocated for the follow up of data collection on children deprived of liberty;
- Promoted the launch of national action plans and policies highlighting alternatives to detention;
- Elaborated on the adoption of multi-stakeholder and multi-sectoral approaches to finding alternatives to deprivation of liberty of children;
- Built synergies and alliances enhancing collective action of child rights organisations, civil society and other stakeholders to promote the recommendations of the UN Global Study on Children Deprived of Liberty and use SDG 16 in particular as a roadmap for recovery and promotion of justice for children;
- Promoted enhanced and coordinated cooperation at national, regional, and international levels;
- Promoted prevention and reintegration policies and practices;
- Highlighted good and innovative practices that enable children’s effective and meaningful participation in these objectives;
- Increased political will to promote and implement child-friendly justice, creating a momentum for reforms on non-custodial alternatives to deprivation of liberty;
- Ensured follow-up and dissemination of inputs to the Forum by bringing key advocacy messages to the High-Level Political Forum in July 2023 and other relevant Fora (e.g. the next World Congress on Justice with Children 2025);
- Adopted a roadmap to action for the implementation of the Global Study’s recommendations.
JULY 2022
Global State of Human Rights – Second High Level Conference
On 15 and 16 July 2022, the European Parliament and the Global Campus of Human Rights organised the second Global State of Human Rights conference in Venice-Lido (Italy), to discuss the state of human rights in the world, with a particular focus this year on children’s rights.
The hybrid event took place at the Monastery of San Nicolò and will gather MEPs, EU Commissioners, Right Livelihood Laureates, Nobel Peace Prize Recipients, high-level representatives of international organisations, academia and children.
Participants included the President of the European Parliament, Roberta Metsola, the President of Global Campus of Human Rights, Veronica Gomez, the Executive Director of Right Livelihood Ole von Uexküll, regional and local authorities, EU Commissioner Jutta Urpilainen, the Chair of the EP Subcommittee on Human Rights Maria Arena MEP, the Chair of the EP Committee on Foreign Affairs David McAllister and several Members of the European Parliament, and Denis Mukwege, Nobel Peace Prize Recipient 2018 and Sakharov Prize Laureate 2014.
In three panels, speakers and participants will explore:
- Children behind bars;
- Children affected by armed conflict and violence;
- Youth as drivers of change.
DECEMBER 2021
UN General Assembly Resolution on the Rights of the Child
Resolution A/RES/76/147 adopted on 16 December 2021 includes languages on the follow-up of the UN Global Study under the leadership of the Special Representative of the Secretary-General on Violence against Children and in coordination with the NGO Panel:
Para 37. Takes note with appreciation of the United Nations global study on children deprived of liberty and the leadership of the Special Representative of the Secretary-General on Violence against Children in the follow-up to the study in cooperation with the other entities in the United Nations inter-agency task force, the non-governmental organization panel and other relevant stakeholders, and encourages the Special Representative to continue her work in this regard;
SEPTEMBER 2021
Intervention of the NGO Panel on Children Deprived of Liberty at the 48th Session of the UN Human Rights Council
On the occasion of the Interactive Dialogue with the Working Group on Arbitrary Detention, Defence for Children International (DCI) on behalf of the NGO Panel on Children Deprived of Liberty, prepared a statement where it underscored the serious negative effects that deprivation of liberty has on the physical and psychological health of children as well as the long-term developmental impacts this will have on them.
The NGO Panel called on Member States to comply with international human rights standards; explicitly exclude children from national counterterrorism and security legislation and ensure that children suspected of national security offenses are treated exclusively within child justice systems; and to support the implementation and follow-up of the recommendations of the UN Global Study on Children Deprived of Liberty. The full statement is available in DCI’s official website and in its YouTube channel.
JULY 2021
Webinar on Solutions to Deprivation of Liberty, Integral Protection and Access to Justice for All Children
On July 12th 2021, almost 2 years after the presentation of the UN Global Study on Children Deprived of Liberty at the United Nations General Assembly, while the High-Level Political Forum was ongoing in New York, and in a context where the pandemic had disrupted child protection and justice systems, hindered access to justice for children in detention and exacerbated health risks for children deprived of liberty, Defence for Children International, Human Rights Watch as co-chairs of the NGO Panel on Children Deprived of Liberty, organised a webinar on Promoting Alternatives to Deprivation of Liberty, Integral Protection and Access to Justice for All Children. The participants had the opportunity to hear about a varied roster of panellists, which involved practitioners, experts, state representatives, UN officials, NGOs and youth representatives, a panel moderated by Dr. Najat Maalla M’jid, Special Representative of the UN Secretary-General on violence against children.
Watch through the following link the full event with all the interventions, including among others the experience of youth representative Mohamed, the statement by H.E. Ambassador Lansana Gberie, and the intervention of Member of the UN Committee on the Rights of the Child, Benoit Van Keirsbilck.
Intervention of the NGO Panel on Children Deprived of Liberty at the 47th Session of the UN Human Rights Council
APRIL 2021
Launch of the UN Global Study on Children Deprived of Liberty in Cambodia
On April 22, the UN Global Study on Children Deprived of Liberty hosted the National Launch of the UN Global Study in Cambodia. The event provided an opportunity to hear about the findings from Manfred Nowak, the Independent Expert who led the Global Study, as well as the thoughts of Cambodian children deprived of liberty, the experiences of local organisations working in this field, and the renewed commitment of the Cambodian government. Dr. Najat Maalla M’jid, UN Special Representative of the Secretary-General on Violence Against Children made the welcoming remarks, while Prof. Manfred Nowak presented the main findings of the Global Study. The event also included the participation of the civil society organizations This Life Cambodia and Save the Children; the voices of children, through Child and Youth-Led Networks; and the Cambodian government. The closing remarks were made by UNICEF. The launch was co-organized by Child Rights Coalition Cambodia, UNICEF, the Global Campus of Human Rights, Legal Aid of Cambodia (member of the NGO Panel on Children Deprived of Liberty), Global Initiative on Justice with Children (represented by Terre des Hommes) and several Child and Youth-led networks. Following the event, a technical group preparatory meeting for the 2021 World Congress on Justice with Children was held.
A video recording of the event can be accessed through the following link. In addition, the Outcome Report of the UN Global Study National Launch in Cambodia can be accessed here.
APRIL 2021
Publication of the French UN GSCDL Executive Summary
On April 2021, the Executive Summary of the UN Global Study on Children Deprived of Liberty was published in French. To access the document, please click here.
APRIL 2021
Intervention of Prof. Manfred Nowak the European Parliament
On Wednesday 14 April, Prof. Manfred Nowak (Secretary General of the Global Campus on Human Rights), and Manu Krishan (Coordinator of the Global Study) participated at the European Parliament Subcommittee on Human Rights. The purpose of their intervention was to exchange views with MEPs on the implementation of the UN Global Study recommendations and raise awareness on the importance of the matters addressed by the Global Study. Their interventions can be accessed through this link, starting at the 14h45 minutes mark.
DECEMBER 2020
Launch of the UN Global Study on Children Deprived of Liberty in the Netherlands
On December 18, Defence for Children International (DCI)-The Netherlands hosted online the launch of the Global Study where Dutch parliamentarians were invited to discuss its recommendations before an audience of 85 representatives of children’s rights organizations. Manfred Nowak and Manu Krishan from the GCHR presented the Global Study as well as the follow-up initiatives that have taken place in other countries. Ton Liefaard, professor of children’s rights and Eva Huls, in-house lawyer followed these presentations focusing on the challenges for children deprived of liberty in the Dutch context and how to implement recommendations. Notably, Bodine, a young expert participated in the event by sharing her personal experience with living in secured youth care and presented her perspective to parliamentary officials. As part of the follow-up initiative, the experts involved identified specific action points with the aim of setting up concrete next steps to collectively work on a strategy to implement the rights of children deprived of liberty in the Dutch context.
DECEMBER 2020
Publication of the UN GSCDL Executive Summary in Spanish
On December 17, as part of the Launch of the UN Global Study in Ecuador, the Executive Summary of the Global Study on Children Deprived of Liberty was published in Spanish. During the event, Prof. Manfred Nowak officially introduced the Global Study and its main findings and recommendations, and Mary Beloff, an expert in the region, contextualised the Global Study in the Latin American context. To access the Spanish Executive Summary of the UN Global Study please click here.
DECEMBER 2020
Launch of the UN Global Study on Children Deprived of Liberty in Ecuador
On December 17, the Ecuadorian Judiciary Council hosted the first launch of the UN Global Study in Latin America where the recently published Spanish version of the Executive Summary was also presented. Manfred Nowak held the official presentation of the Global Study and Elisa Klein Díaz from the GCHR presented the follow-up and dissemination activities of the Global Study program. Several heads of Ecuadorian legal institutions attended this event, such as President of the Ecuadorian Constitutional Court. Also Mary Beloff expert in the region, contextualised the Global Study in the Latin American region. As closing remarks Manfred Nowak called for the need of States and other acters involved, especially UN agencies, to release children and implement the recommendations of the Global Study.
NOVEMBER 2020
Launch of the UN Global Study on Children Deprived of Liberty in Ethiopia
On November 18, the Global Campus of Human Rights in collaboration with the University of Addis Ababa Centre for Human Rights hosted the Global Study launch in Ethiopia. This event brought together relevant stakeholders, including High level representatives of the Federal Government of Ethiopia, representatives from the African Union, UN agencies such as UNODC, non-government organizations such as Young Lives Ethiopia and academia. The opening keynote speeches by high level experts and the presentation of the Global Study by Manfred Nowak was followed by a panel discussion, in which experts discussed the Global Study implementation in Ethiopia as well as sharing best practices, identifying emerging trends and the main areas in need of implementation. Further topics that were discussed in this half-day conference were a strategy for a National Action Plan and priorities, such as accelerating the release of children in places of detention due to the COVID19 situation.
OCTOBER 2020
Launch of the UN Global Study on Children Deprived of Liberty in the Republic of Korea
Held online on October 29, an International Symposium shaped the launch of the UN Global Study in the Republic of Korea. During the symposium, the International Child Rights Centre (InCRC) shared the findings of a previous research on the current situation of children in deprivation of liberty in RoK conducted in collaboration with other child rights advocacy organizations. Following Heejin Kims presentation of the research findings and the introduction of the Global Study conducted by Manfred Nowak; Vitit Muntarbhorn and Alex Kamarotos brought up the role of civil society. During the following panel discussion and further during the Q&A session, representatives of relevant ministries discussed possible improvements in legislation, policies and plans related to children in deprivation of liberty. In addition, a representative of the National Human Rights Commission of Korea discussed the roles of NHRIs and possible ways to improve practices that safeguard children deprived of liberty. This symposium sets a positive precedent for successfully engaging key stakeholders in the follow up of the Study.
Online Global Classroom: ‘The UN Global Study on Children Deprived of Liberty’
The 2020 Global Classroom, one of the flagship activities of the Global Campus on Human Rights, took place online from the 7-9 September. This year’s Global Classroom edition revolved around the United Nations Global Study on Children Deprived of Liberty (GSCDL). Students, professors and experts from the regions of the university programmes came together to map global trends in children’s deprivation of liberty. The focus was set on analysing the use of detention of children in different settings in the various regions, as well as identifying key challenges and the implementation of the recommendations of the Global Study.
Finally, a High-level Expert Panel was held to bring out the practical implementation of the Global Study. The Panel, with over 130 participants, was moderated by the President of the Global Campus, Verónica Gómez, and it counted with the presence of the experts Manfred Nowak, Najat Maalla M´Jid, Felipe Morales González, Karabo Ozah and Benoit Van Keirsbilck.
JULY 2020
Online event on COVID19’s impact on children deprived of liberty
On 16 July 2020, Defence for Children International (DCI) and Human Rights Watch (HRW) hosted a webinar on COVID19’s impact on children deprived of liberty, which was attended by more than 250 participants from different countries. This online event highlighted the key findings of the United Nations Global Study on Children Deprived of Liberty (GSCDL) in the context of COVID19 and was moderated by the UN Special Representative of the Secretary General on Violence Against Children, Najat Maalla M’jid. It was co-sponsored by the Permanent Mission of Austria to the UN Geneva and the Permanent Mission of Uruguay to the UN New York and featured the participation of the UN inter-agency Task Force for the GSCDL.
JULY 2020
EU launch of the UN Global Study on Children Deprived of Liberty
An online expert roundtable was held to present the United Nations Global Study on Children Deprived of Liberty to the European Parliament. This Webinar was organised by Defence for Children International (DCI) – Belgium together with Saskia Bricmont, Member of the European Parliament (MEP) and co-chair of the European Parliament Intergroup on the Rights of the Child.
FEBRUARY 2020
Regional launch of the UN Global Study on Children Deprived of Liberty: Bangkok
The regional launch and open forum on “Enacting the Recommendations in the UN Global Study on Children Deprived of Liberty in the National Agenda: Actions for East Asia Countries” took place in Bangkok on 19 February 2020. The event discussed how to effectively implement the recommendations of the UN Global Study on Children Deprived of Liberty from a regional perspective.
DECEMBER 2019
Regional launch of the UN Global Study on Children Deprived of Liberty: Pretoria
On 9 December 2019 the Global Campus International Conference took place at the seat of the Global Campus Africa, in South Africa’s University of Pretoria. This conference focused on how to effectively implement the recommendations of the UN Global Study on Children Deprived of Liberty from a regional perspective, and It also served as a one-day sub-regional launch of the Study.
NOVEMBER 2019
Launch of the UN Global Study on Children Deprived of Liberty in Geneva
The calls to stop depriving children of their liberty have come during the launch of the full UN Global Study on Children Deprived of Liberty in Geneva on 19 November from the UN Independent Expert, Prof Manfred Nowak, academia, and civil society including the NGO panel of 170 organisations that have been supporting the study since 2014 co-chaired by Defence for Children International and Human Rights Watch. Whilst on 8 October one month earlier, the report on the Global Study summarising the conclusions and recommendations was presented by the Independent Expert to the 3 Committee of the General Assembly of the United Nations in New York.
MARCH 2019
Deprivation of Liberty at the UN Human Rights Council’s 40th Session
The United Nations (UN) Human Rights Council’s (HRC) 40th session took place from February 25th to March 22nd at the Palais des Nations in Geneva, Switzerland. Deprivation of liberty was an issue that the NGO Panel for the Global Study on Children Deprived of Liberty followed during the session, participating in the plenary sessions and side events, meetings with different stakeholders and conducting advocacy.
Annual Day on the Rights of the Child: Empowering Children with Disabilities, including through Inclusive Education
On March 4, the Human Rights Council held its annual full-day meeting on the rights of the child with a panel discussion focusing on empowering children with disabilities for the enjoyment of their human rights, including through inclusive education. The specific situation of children with disabilities placed in institutions was highlighted on several occasions by delegations and civil society participants as well as UN experts. Defence for Children International delivered a statement highlighting the situation of children deprived of liberty in institutions and the need for more disaggregated data and solutions.
Interactive Dialogue with the Special Representative of the Secretary-General on Children in Armed Conflict (SRSG-CAAC)
On March 5, 2019, the Special Representative of the Secretary-General for Children and Armed Conflict, Ms. Virginia Gamba, presented her report on the abduction of children in armed conflict and children of or recruited as foreign fighters.
Ms. Gamba stressed that protracted and high-intensity conflicts, cyclical spikes in violence, and operations to counter violent extremism had continued to make children around the world the primary victim of war. She singled out three trends that required attention:
- the conditions of children detained for their alleged association to violent extremist groups;
- attacks on schools; and
- the abduction of children and its cross-border effects.
Child recruitment and use by non-State armed groups raised new challenges from a child protection perspective, she stated. On children and armed conflict, delegations also highlighted their grave concerned that children in armed conflict continued to be subjected to appalling violations of human rights, notably recruitment, indoctrination and violence. It was emphasized that continued access to safe education could help protect children and youth from the impact of armed conflict. The reintegration of children was necessary to guarantee peace and security and break the cycle of violence.
The delegation of Austria mentioned the importance of the UN Global Study on Children Deprived of Liberty and thanked the SRSG and her office for their engagement in the Study.
Defence for Children International (DCI) delivered a statement on behalf of the NGO Panel for the UN Global Study on Children Deprived of Liberty. The Panel welcomed the report of the SRSG on Children and Armed Conflict and its focus on the abduction of children in armed conflict and children of or recruited as foreign fighters. The statement highlighted the ongoing detention of children on national security grounds and call on States to continue to contribute to and support the development of the Study and its follow-up.
Side Event on the Impact of Counter-Terrorism Measures on Children
On March 6, 2019, Defence for Children International (DCI), Human Rights Watch (HRW), the Swiss Mission to the United Nations and the European Union delegation to the United Nations co-hosted a side event on the Impact of Counter-Terrorism Measures on Children including their deprivation of liberty. The event also focused on how these issues will be addressed by the UN Global Study on Children Deprived of Liberty.
The panel featured Ms. Virginia Gamba, Special Representative of the Secretary-General for Children and Armed Conflict (SRSG), Mr. Leo Ratledge, Legal and Policy Director at Child Rights International Network (CRIN), Ms. Jo Becker, Advocacy Director of the Children’s Rights division at HRW, and Professor Manfred Nowak, Independent Expert leading the United Nations Global Study on Children Deprived of Liberty, with Alex Kamarotos, Executive Director of DCI – International Secretariat as moderator.
The panel opened with the intervention of SRSG Gamba who presented her recent report to the UN Human Rights Council, which included a focus on the abduction of children in armed conflict and children of or recruited as foreign fighters. Leo Ratledge presented CRIN’s recent study “Caught in the Crossfire” about the effect of counter-terrorism legislation on children calling for a safeguarding approach, not criminalisation. Jo Becker presented Human Rights Watch’s new report “Everyone Must Confess:” Abuses against Children Suspected of ISIS Affiliation in Iraq.” She reinforced the message that rehabilitation is key.
The participation of Professor Manfred Nowak focused on the Study and its preliminary data. He expressed concerns about broad legislation in the area of national security. Prof. Nowak stressed that children should only be tried through juvenile justice systems and that a peaceful reintegration avoiding deprivation of liberty is key. He reminded participants of the legal framework on deprivation of liberty of children and made links to the Sustainable Development Goals, particularly 16.2 – End abuse, exploitation, trafficking and all forms of violence and torture against children.
The panellists agreed on the need to adopt a human rights approach emphasising the effectiveness and importance of prevention and rehabilitation. They also recognized that children should only be tried through juvenile justice systems and that peaceful reintegration avoiding deprivation of liberty is key.
The panel was followed by an interactive question and answer session. SRSG Gamba stressed the importance of the Global Study and the support of her office for its development. She noted that the Study will help to address the lack of data and information on deprivation of liberty. Professor Nowak concluded the event noting that the Study will include recommendations regarding all the different types of deprivation of liberty of children and non-custodial measures.
Interactive Dialogue with the Special Rapporteur on the Rights of Persons with Disabilities
On March 6-7, 2019 the Special Rapporteur on the Rights of Persons with Disabilities, Ms. Catalina Devandas Aguilar, presented her report on the rights to liberty and security for people with disabilities. She stated that the deprivation of liberty of persons with disabilities was a serious human rights problem, which remained under-reported. Persons with disabilities were disproportionately overrepresented in traditional places of deprivation of liberty, such as prisons and migration detention centres. They also had to face specific and unique forms of deprivation of liberty, such as institutionalization, involuntary hospitalization, and confinement at home.
She called on States which had reservations to article 14 of the Convention on the Rights of Persons with Disabilities –calling for the elimination of the deprivation of liberty for persons with disabilities – to lift them. She urged states to adopt a rights-based approach and to find alternatives to deprivation of liberty in the community. States should approach that question from the rights-based perspective. Community-based responses could be found, and they greatly improved the quality of life for persons with disabilities.
Report from UN Office of the High Commissioner for Human Rights on the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism
During the session, the UN Office of the High Commissioner for Human Rights presented its report on the protection of human rights and fundamental freedoms while countering terrorism. The 2019 report focused on children, including child victims and witnesses of terrorist acts, children at perceived risk of recruitment and children associated or suspected of association with terrorist groups. It emphasizes that children in all such situations must be considered and treated as victims of terrorism.
The report highlights that deprivation of liberty of children should only be used a measure of last resort and for the shortest appropriate time, in line with international standards. It emphasises that formerly associated children who are detained should have access to any necessary rehabilitative health care and psychosocial support, as well as reintegration programmes, both in detention and upon release.
FINAL EXPERTS MEETING FOR THE UNITED NATIONS GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY
The final Experts meeting for the United Nations Global Study on Children Deprived of Liberty was held at the Global Campus of Human Rights in Venice, Italy from March 11th – 13th included. Representatives from the Advisory Board, research groups, the NGO Panel, and the UN Inter-Agency Task Force attended three full days of meetings covering each of the pillars of the Study: children deprived of liberty in the administration of justice; children living in places of detention with their parents; children deprived of liberty for migration-related reasons; children deprived of liberty in institutions; children deprived of liberty related to armed conflict and children deprived of liberty for national security reasons. The cross-cutting themes of the impact of deprivation on liberty on children’s health, gender, children with disabilities, and children’s experiences of deprivation of liberty were discussed as well as over-arching topics such as the legal framework, conclusions and recommendations, and follow-up to the Study. The Global Study will be finalized in the coming months and the report will be delivered to the UN General Assembly in October 2019.
FEBRUARY 2019
THE NGO PANEL DELIVERS A STATEMENT AT THE UN HUMAN RIGHTS COUNCIL’S 40TH SESSION
On March 5, 2019, the NGO Panel for the United Nations Global on Children Deprived of Liberty delivered a statement during the Interactive Dialogue with Special Representative of the Secretary-General for Children and Armed Conflict.
The NGO Panel took the opportunity to thank the Special Representative of the Secretary-General (SRSG) on Children and Armed Conflict and its focus on the abduction of children in armed conflict and children of or recruited as foreign fighters.
The NGO Panel called on States to continue to contribute to and support the development of the Study and its follow-up, and to implement its recommendations.
- NGO Panel for the Global Study on Children Deprived of Liberty Statement
- Video of delivery of the NGO Panel for the Global Study on Children Deprived of Liberty Statement (01:43:35)
HUMAN RIGHTS COUNCIL SIDE EVENT ON COUNTER-TERRORISM AND CHILDREN
On March 6, 2019, Defence for Children International (DCI), Human Rights Watch (HRW), the Swiss Mission to the United Nations and the European Union delegation to the United Nations co-hosted a side event on the Impact of Counter-Terrorism Measures on Children during the 40th session of the United Nations Human Rights Council.
The event was an insightful and vivid discussion on the impact of counter-terrorism measures on children, including their deprivation of liberty. The panel featured Ms. Virginia Gamba, Special Representative of the Secretary-General for Children and Armed Conflict (SRSG), Mr. Leo Ratledge, Legal and Policy Director at Child Rights International Network (CRIN), Ms. Jo Becker, Advocacy Director of the Children’s Rights division at HRW, and Professor Manfred Nowak, Independent Expert leading the United Nations Global Study on Children Deprived of Liberty, with Alex Kamarotos, Executive Director of DCI – International Secretariat as moderator.
Alex Kamarotos opened the event by thanking the European Union delegation and the Swiss mission for co-sponsoring the event. He also welcomed all the participants and underlined that 2019 is a landmark year for the Global Study as it will be delivered to the General Assembly in October.
The panel opened with the intervention of SRSG Gamba who presented her recent report to the UN Human Rights Council, which included a focus on the abduction of children in armed conflict and children of or recruited as foreign fighters. She called on states whose citizens have travelled to join extremist groups to allow them to return following a determination of their best interests and to ensure that no child is left behind nor left stateless. Her message was one of prevention and protection.
Leo Ratledge presented CRIN’s recent report “Caught in the Crossfire” about the effect of counter-terrorism legislation on children. He reminded participants that punitive measures are not necessary and that a human rights approach focused on prevention and rehabilitation is far more effective. He called for an approach focused on safeguarding, not criminalisation, including diversion and non-custodial measures.
A key moment of the event was the presentation of Jo Becker’s new report “Everyone Must Confess:” Abuses against Children Suspected of ISIS Affiliation in Iraq.” After presenting her findings, Becker reinforced the message that rehabilitation is key. Yet too often governments are taking punitive approaches, treating children as criminals, not victims. She concluded with a call to prosecute child recruiters and to help children with rehabilitation and reintegration.
The participation of Professor Manfred Nowak focused on the Study and its preliminary data. He expressed concerns about broad legislation in the area of national security. Prof. Nowak stressed that children should only be tried through juvenile justice systems and that a peaceful reintegration avoiding deprivation of liberty is key. He reminded participants of the legal framework on deprivation of liberty of children and made links to the Sustainable Development Goals, particularly 16.2 – End abuse, exploitation, trafficking and all forms of violence and torture against children.
The panellists were followed by an interactive question and answer session. Questions covered country-specific situations queries around the Global Study and its next steps, and topics such as the criminalisation of online activity. For her part, Jo Becker concluded by highlighting that the Study will give states guidance on how to better approach deprivation of liberty from a child rights perspective. SRSG Gamba stressed the importance on the Study and the support of her office for its development. She noted that the Study will help to address the lack of data and information on deprivation of liberty. Leo Ratledge and Professor Nowak responded to questions concerning criminalisation of children on national security grounds for online activity stating that they had seen cases of this. Nowak concluded the event noting that the Study will include recommendations regarding all the different types of deprivation of liberty of children and non-custodial measures.
NOVEMBER 2018
REGIONAL CONSULTATION IN TUNIS, TUNISIA
On November 26th – 27th, 2018, a consultation for the Middle East North Africa (MENA) region was held in Tunis, Tunisia. The consultation gathered more than 60 government officials, child rights experts, and civil society representatives from across the region to discuss children deprived of liberty in all the settings addressed in the Study.
Professor Manfred Nowak presented the Study and in-depth workshops were held to identify the ways in which children are deprived of their liberty, particular challenges for children in the MENA region, and non-custodial measures. A workshop on children’s consultations and their views on deprivation of liberty was also held.
OCTOBER 2018:
REGIONAL CONSULTATION, MONTEVIDEO, URUGUAY
On October 25, 2018, a consultation was held in Montevideo, Uruguay to discuss key themes related to the United Nations Global Study on Children Deprived of Liberty. Civil society representatives from across the region participated in discussions on children deprived of their liberty in the administration of justice, in institutions, and in the context of migration as well as those detained their parents. Professor Manfred Nowak presented the Study via video message and appointed Professor Mary Beloff, member of the Advisory Board and expert in children’s rights and criminal law, to represent the Study. Panellists and participants held vibrant discussions on the rights of the children deprived of their liberty, particular challenges for children in the Latin American region, and the need for non-custodial measures.
“There is no prison prepared for human beings. And it’s worse for children. They are treated like adults.” – Nora Laura Calandra, Red de Niñez Encarcelada (Incarcerated Children Network), Argentina
NORTH AMERICAN CONSULTATION FOR THE UNITED NATIONS GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY
On October 10, 2018, a North American Consultation was held in support of the United Nations Global Study on Children Deprived of Liberty in New York City, United States of America. The consultation was hosted by the Justice Lab at Columbia University.
The consultation opened with a presentation by the Independent Expert leading the Global Study, Professor Manfred Nowak, who presented the current status of the Study, underlining the progress that had been made to date, including the more than 80 questionnaires received and the consultations previously held in Asia, Africa, and South Africa.
It then opened up to a panel of experts including Melissa Sickmund, Director of the National Center for Juvenile Justice, Candice Jones, President and Chief Executive Officer of the Public Welfare Foundation, former Director of the Illinois Department of Juvenile Justice, Hernan Carvente, National Youth Partnership Strategist, James Bell (by video), Founder and President of the W. Haywood Burns Institute, Heather Renwick, Legal Director of the Campaign for the Fair Sentencing of Youth, Marcy Mistrett, CEO of the Campaign for Youth Justice, Jennifer Nagda, Policy Director, Young Center for Immigrant Children’s Rights at the University of Chicago Law School, and Elizabeth Clarke, from Juvenile Justice Iniciative.
The panellists discussed the scale of deprivation of liberty of children in the criminal justice system, including children who are placed in the adult system, in the USA, the harm such detention has on children as well as on their families and communities, and the needs for alternatives. Liz Ryan of Youth First Initiative presented Professor Nowak with data on children deprived of liberty in the administration of justice in the USA on behalf of several non-governmental organisations.
“Part of the experience of being incarcerated is I have those memories to this day. Those memories of incarceration never leave me. I continue to remember every day that experience and try to avoid dealing with that. But throughout the course of my time in that facility, I developed several other mental health issues, which to this day, I have been officially diagnosed for with PTSD, bipolar disorder, anxiety, depression, and these are things that were exacerbated by the conditions of incarceration and certainly were exacerbated because the different challenges that I experienced while I was there.” – Hernan Carvente, National Youth Partnership Strategist
PROFESSOR MANFRED NOWAK’S UPDATE ON THE GLOBAL STUDY AT THE 73RD SESSION OF THE UN GENERAL ASSEMBLY THIRD COMMITTEE
The full speech can be found below:
“Thank you very much Mr./Mrs. Chairperson for the opportunity to address the Third Committee of the General Assembly,
Excellencies, Distinguished delegates, ladies and gentlemen,
In 2014, in resolution 69/157, the Assembly invited the Secretary-General to commission an in-depth global study on children deprived of liberty, funded through voluntary contributions and conducted in close cooperation with relevant United Nations agencies and in consultation with relevant stakeholders, including Member States, civil society, academia and children, and to include good practices and recommendations for action to effectively realize all relevant rights of the child,
Following an extension in 2017, I will present a comprehensive Global Study to you one year from now.
The Study’s implementation phase was severely delayed due to lack of funding which was to come through voluntary contributions. Indeed, most of 2017 was dedicated to concerted fundraising efforts, to build an initial funding base for the Study to be realized. These efforts proved positive as approximately 1 million USD was raised by means of contributions received by Switzerland, Austria, Germany, Liechtenstein, Malta, Qatar, the European Union (EU), UNICEF and a private foundation. I would like to take this opportunity to thank our friends of the Global Study for truly having saved the Study through their support. The need to continue joint fundraising efforts however remains, since the Global Study is still operating on essentially one fifth of its total budget.
Due to the funding challenges, the Study only commenced its effective implementation phase in early 2018, which included the adoption of a methodological framework to guide and structure the Study process.
Despite our limited resources, our joint activities have been maximized, and the Study has managed to enter its implementation phase with data being collected and good practices identified by means of a specific questionnaire and consultations, as well as thematic chapters being drafted by different research groups. The Global Study Team at the Ludwig Boltzmann Institute of Human Rights now coordinates 9 research groups with more than 100 innovative, hard-working and committed researchers and practitioners across all continents. Next to the growing research network, an expanding and vibrant civil society network carries the Global Study. That said, I wish to thank all UN agencies, NGOs and academic institutions for their invaluable input pro bono. This does not go un-noticed and is deeply appreciated. The Global Study will be a truly joint achievement of many different Stakeholders.
In February 2018, a questionnaire to inform the Global Study was circulated to all member States and other stakeholders by the United Nations Office of the High Commissioner (OHCHR), and a reminder was circulated again in June 2018. To date a total of 86 replies have been received (53 from States and 33 from other relevant actors including UN agencies, National Human Rights Institutions, Ombudspersons, National Preventive Mechanisms and Non-Governmental Organizations). I take the opportunity to thank those who submitted a reply to the questionnaire and I am happy to see that many different actors are actively engaging in this important process, which shall leave a sustainable blueprint for all governments for future data collection on the situation of children deprived of liberty.
A total of six consultations already took place and four others will follow soon: Warsaw, Poland; Brussels, EU; Bangkok, Thailand; Addis Ababa, Ethiopia; Paris, France; Pretoria, South Africa; New York, United States; and upcoming consultations will take place in Montevideo, Uruguay (at the end of October); Tunis, Tunisia (November) and Montego Bay, Jamaica (December). Furthermore, two expert meetings took place in Venice in 2017 and in Vienna in 2018. I take this opportunity to thank all of those actors who supported the Global Study in providing these vital platforms and their expertise.
Moving forward, in 2019, the Study will enter its final phase, wherein the desk research carried out by the various research groups and the data received through the questionnaires and consultations will be consolidated into different chapters of the Global Study. It is foreseen that an expert meeting takes place in March 2019, to critically review all of the information gathered. This meeting would include members of the Advisory Board, leads of the different research groups and members of the United Nations Interagency Taskforce as well as children as they are experts in their own rights. A Global Study on children cannot happen without the active involvement of children.
Notwithstanding the achievements reached to date, challenges remain. Last year, when I addressed the Third Committee, I hoped not to have to come back to the financial situation; to be able to report that the funding situation was no longer our concern. However, we still require further funding to ensure the Study is completed to the best extent possible and in a professional manner. I call again on member States to step up and support this important process, particularly considering how far we have come with extremely limited resources. Let us not lose this momentum for children’s rights just because of financial shackles.
I am deeply convinced that the Global Study will have a milestone impact on the situation of children deprived of liberty. In the almost thirty years since the adoption of the United Nations Convention on the Rights of the Child, the issue of children being deprived of liberty has never been adequately addressed and continues to lag behind compared to other areas of the international treaty. Deprivation of liberty is an extremely serious issue, not only violating basic international human rights obligations but exposing each and every child who is detained, for whatever reason, to further human rights violations. With immigration detention currently on the rise, there seems to be more regression than improvement in the situation.
Dear friends, let me remind you, why it is important that the United Nations Global Study on Children Deprived of Liberty is a success. Deprivation of liberty of children is not merely an issue of international legal obligations not being fulfilled, but it has serious harmful effects on the mental and physical health and development of children and on society at large. Witnessing children behind bars during my time as United Nations Special Rapporteur on Torture was heart-breaking, as many children are tortured, neglected or isolated and crying for help. The youngest victim I met was a three-year-old orphan in a terrifying institution that warehoused boys in a variety of situations and employed daily beatings for minor infractions.
The Global Study aims to bridge the data gap on the number of children in such situations and raise awareness about the risks posed to society as a whole. The Study will also develop evidence-based recommendations and compile best practices to help States uphold international obligations and reduce the number of children deprived of liberty – making children’s rights a reality and leaving no child behind.
I thank you for your time and attention and welcome any questions, comments or pledges you may have.”
SEPTEMBER 2018:
THE NGO PANEL DELIVERS A STATEMENT AT THE UN HUMAN RIGHTS COUNCIL’S 39TH SESSION
On September 12, 2018, the International Catholic Child Bureau (BICE) delivered a statement on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty, during the Interactive Dialogue with the Working Group on Arbitrary Detention at the UN Human Rights Council’s 39th session.
The NGO Panel took the opportunity to thank the Working Group for its extensive revision of deliberation No. 5 on the deprivation of liberty of migrants, especially for highlighting that the deprivation of liberty of asylum-seeking, refugees, stateless, and migrant children, including unaccompanied or separated children, is prohibited, and for highlighting the need for alternatives to detention.
In this respect, the NGO Panel called on States to support the Global Study by providing more quality, disaggregated data on children deprived of liberty and examples of alternatives to detention in their countries, participating in the upcoming consultations, and contributing with political and financial support.
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DEPRIVATION OF LIBERTY AT THE UN HUMAN RIGHTS COUNCIL 39TH SESSION
UN High Commissioner for Human Rights’ Opening Session
The newly-appointed High Commissioner for Human Rights, Ms. Michelle Bachelet, addressed the Council for the first time. She highlighted that separating and detaining families offers no long-term solutions to anyone – only more hostility, misery, suffering, and chaos. Several States also showed concern at the increase of migrant children being detained and families being separated.
Working Group on Arbitrary Detention
On September 12, 2018, during the Interactive Dialogue with the Working Group on Arbitrary Detention, Mr. Seong-Phil Hong, Chair of the Group, noted that there was an increasing emergence of deprivation of liberty not only in prisons but also in migration centres and medical institutions, including of children. He presented the Working Group’s report on Consular assistance and diplomatic protection for persons deprived of liberty and the linkages between arbitrary detention and instances of torture and ill-treatment. This report includes, in its annex, the revised deliberation No. 5 on deprivation of liberty of migrants. As stated by Hong, this revision reflects changes in international law and jurisprudence during the last 20 years.
The International Catholic Child Bureau (BICE) delivered a statement on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty thanking the Group for highlighting that the deprivation of liberty of asylum-seeking, refugee, stateless, and migrant children, including unaccompanied or separated children, is prohibited, and for clearly mentioning the need for alternatives to detention. The NGO Panel also called on States to support the Global Study by providing more quality, disaggregated data on children deprived of liberty and examples of alternatives to detention in their countries as well as by participating in the upcoming consultations and contributing with political and financial support.
Side Event with Professor Manfred Nowak
On September 10, during a side event organised by the Permanent Mission of Liechtenstein and the All Survivors Project on “Hidden Victims: Sexual Violence against Men and Boys in Conflict.” Professor Manfred Nowak noted that boys are also victims of sexual violence when deprived of their liberty. He emphasized that this is an under-reported and taboo topic. According to international law, children should always be separated from adults, but the reality is that they are often detained with adults, and this can exacerbate the of sexual violence between men and boys. As the Independent Expert leading the UN Global Study on Children Deprived of Liberty, he reminded the audience that the Global Study addresses different settings of deprivation of liberty, including in the context of armed conflict and for migration-related reasons.
Side Event: “Arbitrary detention in the Americas: The Cases of Venezuela, Nicaragua and Mexico”
On September 12, at a side event on arbitrary detention organised by the Mexican Commission of Human Rights, cases of people being arbitrarily detained, mostly journalists, politics and civil society members, was discussed. It was highlighted that this is contradictory to international and human rights law. Human Rights Watch reported that, according to their findings, among the people detained in Nicaragua during the demonstrations, 10 were children.
Side Event: “The Human Rights Situation and Changes of Peace in Yemen”
On September 19, at a side event organised by the Permanent Mission of Yemen on the human rights situation in the country, the Minister of Human Rights of Yemen said that the situation in the country is very concerning, with Yemenis suffering from all forms of human rights violations. Hundreds of people had been detained, most arbitrarily, and some in secret prisons, including children.
JULY 2018:
THEMATIC CONSULTATION ON INSTITUTIONS IN PRETORIA, SOUTH AFRICA
A thematic consultation on children deprived of liberty in institutions was held in Pretoria, South Africa from July 26-27, 2018. It was hosted by the Centre for Child Law in the Faculty of Law at the University of Pretoria together with UNICEF. The consultation gathered representatives from several international non-governmental organisations such as Defence for Children International (DCI), Hope and Homes, Lumos, Disability Rights International, SOS Children Villages International, the Better Care Network, the Center for Disability Law and Policy as well as UNICEF and the CELCIS Centre of the University of Strathclyde.
The consultation started with keynote speeches from Professor Manfred Nowak, the Independent Expert leading the Study; Johann van der Westhuizen, the Inspecting Judge of Prisons in South Africa and retired Justice of the South African Constitutional Court, also currently the Head of the Department of Jurisprudence in the Faculty of Law; and Professor Ann Skelton from Centre for Child Law of the University of Pretoria.
It featured rich discussions on key topics relevant to children deprived of their liberty in institutions, including definitional challenges, the causes and consequences of such practices and the specific situation of children with disabilities, migrant children, orphans, lesbian, gay, bisexual and intersex children, and children with “behavioural” problems, among others. The discussions from the consultation will feed into the Study and addressed the identification of interesting practices, the need for a de-institutionalisation process, and the recommendations that should be addressed to all stakeholders.
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JUNE 2018:
CENSUS SNAPSHOT DAY
On June 26, 2018 — International Day in Support of Victims of Torture — Professor Nowak, the Independent Expert leading the UN Global Study on Children Deprived of Liberty called for countries around the world to complete the questionnaire by counting the number of all children deprived of liberty in different contexts. This aimed at providing a snapshot of the number of children detained at that specific point in time.
DEPRIVATION OF LIBERTY AT THE 38TH SESSION OF THE UN HUMAN RIGHTS COUNCIL
The United Nations Human Rights Council’s (HRC) 38th session took place from June 18 to July 6, 2018 at the Palais des Nations in Geneva, Switzerland.
Interactive Dialogue with Special Rapporteur on Health on Deprivation of Liberty
On June 18, 2018, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Mr. Dainius Puras, presented his thematic report on the right to health in the context of confinement and deprivation of liberty, which included a focus on children deprived of liberty. He regretted that, in the 21st century, uncountable millions of children continue to be detained or awaiting trial, highlighting the negative impact that deprivation of liberty has on the right to physical, psychological, mental, and emotional health on children as well as poor sanitation, lack of fresh air and safe drinking water, and physical and sexual abuse by staff and peers. The Special Rapporteur called for the abolition of detention of children, stating that children should only be deprived of their liberty in very exceptional situations. Alternatives to detention, investing in families at risk, helping children to have good skills to live in the community, and involving adolescents in preventive programmes, were some his recommendations. Read a shortened version of his findings here.
Defence for Children International (DCI) , on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty, delivered a statement during the interactive dialogue with the Special Rapporteur . The NGO Panel welcomed the Special Rapporteur’s report and called on Member States and observers to engage with the Study, including by answering the questionnaire. The International Catholic Child Bureau (BICE) also delivered a statement welcoming the Special Rapporteur’s reference about the adverse conditions that affect physical and mental health on children deprived of liberty or confined and calling for engagement with the Global Study.
Special Rapporteur on the Human Rights of Migrants Highlights Dangers of Deprivation of Liberty
On June 19, Mr. Felipe González Morales, the Special Rapporteur on the human rights of migrants, presented his report on the return and reintegration of migrants. He noted that, under international human rights law, children should never be detained for immigration purposes, nor can detention be justified as being in a child’s best interests. He stated that alternatives to deprivation of liberty must be found, including family-based solutions. Furthermore, he expressed concern about children being separated from their families, especially considering that migrant children in many countries were not being provided with the basic services they needed. During the interactive dialogue with Mr. González Morales, Austria highlighted the lack of information around detention of children including numbers, location, and conditions of detention, and called upon governments to engage with the Global Study, including by answering the official questionnaire and providing relevant quantitative and qualitative data. Expressing similar concerns, UNICEF and several non-governmental organisations, including VIDES and Human Rights Law Centre showed concern regarding the growing number of children being detained, deported, and separated from their families. ECPAT International urged member States to support the Global Study, including by providing disaggregated data on boys and girls in detention.
Downloads:
- NGO Panel for the Global Study on Children Deprived of Liberty Statement
- Video of delivery of the NGO Panel for the Global Study on Children Deprived of Liberty Statement (min. 01:51:57)
MAY 2018:
WORLD CONGRESS ON JUSTICE FOR CHILDREN, UNESCO HOUSE, PARIS, FRANCE
The World Congress on Justice for Children took place on May 28-30, 2018 in Paris, France. Three major issues were addressed in the Congress: the global trend towards children’s involvement in violent extremism and possible responses, the need for more effective ways to reduce juvenile offending and recidivism, and how to improve protection mechanisms for vulnerable children, including early prevention. Numerous professionals and stakeholders from all around the world shared their perspectives on youth and family justice and the prevention of offending and violent extremism. A Declaration was adopted as an outcome to the Congress – a call and commitment for all children’s rights defenders to unite and build on the Conference to bring about true justice for all children everywhere and safeguard children from violence, abuse, neglect and exploitation. You can read the Paris Declaration, the outcome of the World Congress on Justice for Children here.
Professor Manfred Nowak was a speaker on the keynote panel, many members of the NGO Panel were speakers and facilitators on different panels and workshops, and various activities and meetings were held in relation with the UN Global Study. Professor Nowak held a briefing session with state representatives on the Study and responding to the Questionnaire. He also met with the NGO Panel to discuss NGO engagement with the Global Study and to respond to questions directly from the Panel.
AFRICAN REGIONAL CONSULTATION IN ADDIS ABABA, ETHIOPIA
A regional consultation for the United Nations Global Study on Children Deprived of Liberty was held during the Continental Conference on Access to Justice for Children in Africa on May 10, 2018. The conference addressed a range of topics on access to justice for children in different contexts across Africa, several of which involved the deprivation of liberty of children. It also marked the launch of the report, “Spotlighting the Invisible: Justice for Children in Africa, and ended with a Call to Action setting out concrete steps for key actors, including governments, African Union bodies, and civil society.
The topics discussed during the Global Study regional consultation on the third day included the deprivation of liberty related to the administration of justice, armed conflict and national security, and in the context of migration. It was well-attended by government officials, civil society representatives and academics from across the region. Findings from this consultation, as for all consultations, feed into the Global Study.
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ASEAN REGIONAL CONSULTATION IN BANGKOK, THAILAND
An ASEAN (Association of South East Asian Nations) regional consultation on juvenile justice reform, held in Bangkok, Thailand from May 2-4, was also used as a regional consultation for the Study. Professor Manfred Nowak gave plenary presentations on both the Study as a whole, as well as the questionnaire in particular. Representatives of nearly all research groups were present and led day-long sessions to get input from participants on the Study’s themes. The consultation included government representatives from Myanmar, Cambodia, Indonesia, Singapore, Thailand, and Vietnam, as well as United Nations International Children’s Emergency Fund (UNICEF) country offices and national human rights institutions.
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APRIL 2018:
SYMPOSIUM “DEPRIVATION OF LIBERTY OF CHILDREN IN THE JUSTICE SYSTEM – TOWARDS A GLOBAL RESEARCH AGENDA”, UNIVERSITY OF LEIDEN, THE NETHERLANDS
On April 13, 2018, the Child Law department of the Leiden University hosted the international symposium “Deprivation of Liberty of Children in The Justice System – Towards a Global Research Agenda”. The symposium brought together an international and interdisciplinary group of scholars, practitioners, advocates and representatives of non-governmental organisations and governments to exchange research and knowledge about deprivation of liberty of children in the context of juvenile criminal justice. The main aim was to develop a global and interdisciplinary research agenda for the UN Global Study.
EXPERTS AND ADVISORY BOARD MEETING FOR ADOPTION OF RESEARCH METHODOLOGY
The Experts and the Advisory Board of the United Nations Global Study met in Vienna, Austria, on April 10-11, 2018. This meeting reflected the new phase of the UN Global Study – implementation. The main outcomes were the appointment and first meeting of the Advisory Board and the finalization and adoption of the research methodology. Cross-cutting issues such as the impact of deprivation on liberty on children’s health, gender, and child participation will also be included in the study. Five research groups were established: children deprived of liberty in the administration of justice; children living in places of detention with their parents; children deprived of liberty for migration-related reasons; children deprived of liberty in institutions; and children deprived of liberty related to armed conflict and national security. Each of these research groups comprises a research institution/academia, a UN focal point, an NGO focal point, and Advisory Board Members.
MARCH 2018:
EXPERT LEVEL MEETING WITH MEMBER STATES TO THE UNITED NATIONS OFFICE IN GENEVA, SWITZERLAND
An Expert Level Meeting on the United Nations Global Study on Children Deprived of Liberty was convened during the 37th session of the Human Rights Council in Geneva, Switzerland, on March 8, 2018. The questionnaire sent to governments and other stakeholders in February was presented. Participants also discussed the institutional framework around the UN Global Study and the mobilization of political support and commitments to support the effective implementation of the Study.
The NGO Panel also met with the Independent Expert, Professor Nowak, to discuss recent developments and put questions to Professor Nowak concerning the next stages of the Study implementation.
Keynote speaker: Professor Manfred Nowak, Independent Expert for the Global Study on Children Deprived of Liberty
Click here to download the program
JANUARY 2018:
IMPLEMENTATION PHASE OF THE GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY
Substantive funds have been raised, ensuring that the Global Study on Children Deprived of Liberty effectively moves ahead and into its implementation phase. DCI, together with 139 NGOs from across the globe, officially form the “NGO Panel” for the Study. All of which will be involved in actively contributing to the collection of data and information on the issue of children deprived of liberty and provide important recommendations on how to best uphold the rights of the child in such circumstances
NOVEMBER 2017:
11TH EUROPEAN FORUM ON THE RIGHTS OF THE CHILD IN BRUSSELS
The 11th European Forum on the Rights of the Child was held in Brussels (Belgium), on 06-08 November 2017, and focused on alternatives to detention. On the first day, experts and key actors such as Marta Santos Pais (Special Representative to the Secretary General on Violence against Children), Renate Winter (Chairperson of the United Nations Committee on the Rights of the Child), Manfred Nowak (Independent Expert for the Global Study) – among others – gathered to discuss regional and international commitments on children deprived of liberty; personal testimonies were as well shared during the discussions. The second day consisted in four parallel sessions on I. children in conflict with the law, II. detention of children in the context of migration, III. children in institutions and IV. children of parents in prison.
Moreover, on the fringes of the EU Forum, a data collection meeting was held with key actors in order to discuss this important component of the Global Study. The meeting was moderated by the Office of the High Commissioner for Human Rights (OHCHR) together with the Independent Expert for the Study, Professor Nowak, and EU representatives participated, as well as relevant UN agencies and NGOs.
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OCTOBER 2017:
OSCE HUMAN DIMENSION SEMINAR ON RIGHTS OF THE CHILD
The Independent Expert participated in the Human Dimension Seminar on “Rights of the Child: Children in Situations of Risk” in Warsaw, Poland, on 11-12 October, organized by the Organization for Security and Cooperation in Europe (OSCE). The Seminar included a specific Working Group on children deprived of liberty and three Regional Consultations on the Global Study on Children Deprived of Liberty (I. Children In Conflict with the Law, II. Children In Institutions, III. Children in Migration Detention). Defence for Children International (DCI) and Human Rights Watch (HRW), co-conveners of the NGO Panel, attended this event.
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THE INDEPENDENT EXPERT, PROFESSOR NOWAK, BRIEFS THE UNITED NATIONS AT THE GENERAL ASSEMBLY IN NEW YORK
On 10 October 2017 the Independent Expert for the Study, Professor Nowak, updated the Third Committee of the United Nations General Assembly (UNGA) in New York. In his speech, the Expert explained that although he received funding from Switzerland, Austria and a private donation, substantive funding was still required to ensure an effective outcome of this important initiative. To this end DCI, as co-convenor of the NGO Panel, prepared an apposite public statement and the Independent Expert a specific OP ED.
Downloads:
- Full report on the discussions
- Webcast
- Statement
- UNGA Resolution (see par. 37.u & par. 38)
- Op Ed
SEPTEMBER 2017:
UNITED NATIONS HUMAN RIGHTS COUNCIL
RESOLUTION ON HR IN THE ADMINISTRATION OF JUSTICE, INCLUDING JUVENILE JUSTICE
During the 36th regular session of the United Nations Human Rights Council (11-29 September 2017), the biannual resolution on Human Rights in the Administration of Justice, including Juvenile Justice, was adopted without a vote. DCI actively contributed to the drafting of the text, ensuring child rights principles be included and enhanced, and that the Study be further supported.
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SOCIAL MEDIA CAMPAIGN
A social media campaign was launched around the United Nations General Assembly (UNGA), and in light of the Independent’s Expert’s brief thereto, to further galvanize support for the Study, in particular financial support to ensure its effective implementation.
MARCH 2017:
EXPERT MEETING IN VENICE
An expert meeting “Methodology, Data Collection and Way Forward” was held in Venice (Italy), on 13-14 March 2017, to gather key actors involved in the development of the Global Study. The main focus was to review and finalize a draft in-depth questionnaire – a data and information gathering tool to be transmitted to States.
UNITED NATIONS HUMAN RIGHTS COUNCIL
SIDE-EVENT “IMPLEMENTATION OF THE UN GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY”
During the 34th regular session of the United Nations Human Rights Council (27 February-24 March 2017), the NGO Panel for the Global Study on Children Deprived of Liberty organized a side-event “Implementation of the UN Global Study on Children Deprived of Liberty” (8 March 2017). The event was supported by the Delegation of the European Union and the Permanent Missions of Austria, Chile, Switzerland, and Uruguay to the United Nations in Geneva.
This side-event aimed to encourage all stakeholders to contribute and support the implementation of the Study, and discuss the different phases of the Study and its methodology.
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SEPTEMBER 2016:
UNITED NATIONS SUMMIT ON MIGRATION:
STOP IMMIGRATION DETENTION OF CHILDREN
In light of the United Nations High-Level Plenary meeting on addressing large movements of refugees and migrants (19 September 2016, New York), the NGO Panel made a press release calling upon member States to put an end to the immigration detention of children, and to support the Global Study on Children Deprived of Liberty, which will include a specific thematic cluster on children in immigration detention.
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APRIL 2016:
ADVOCACY AND LOBBY AT THE UNITED NATIONS GENERAL ASSEMBLY SPECIAL SESSION ON DRUGS
Defence for Children International (DCI), as co-convener to the NGO Panel for the Global Study on Children Deprived of Liberty, attended the United Nations General Assembly Special Session (UNGASS) on the World Drug Problem (19-21 April 2016, New York).
DCI lobbied around the outcome document (A/S-30/L.1), in order to ensure the rights of the child were positively addressed; also attending the 59th Session of the Commission on Narcotic Drugs (CND) which included the UNGASS Preparatory Session (14-22 March 2016, Vienna). To this end, a joint statement was drafted together with Child Rights International Network (CRIN), Defence for Children International (DCI), International Centre on Human Rights and Drugs Policy (ICHRDP) – University of Essex, International Juvenile Justice Observatory (OIJJ), Consortium for Street Children, NNAPEs – Plataforma Regional por la Defensa de los Derechos de Niñas, Niños y Adolescentes con referentes adultos privados de libertad (Regional Platform for the Protection of the Rights of Children of Incarcerated Adults, and Make Mothers Matter International.
During the UNGASS, DCI organized a roundtable discussion with key players (UN agencies, member States, academics and civil society organizations) all working on the issue of children and drugs. The discussions focused on how to address the drug issue and specifically how to prevent children coming into the justice system due to involvement with drugs (drug use, drug production, drug trafficking).
DCI successfully lobbied the United Nations Committee on the Rights of the Child to join a statement together with other United Nations mechanisms addressing the world drug problem.
Downloads:
- UNGASS – Outcome document
- UN Human Rights mechanisms’ statement
- NGO Joint Statement
- Concept Note for Roundtable Discussion
MARCH 2016:
SIDE-EVENT AND STATEMENT AT THE 31ST SESSION OF THE HUMAN RIGHTS COUNCIL
The NGO Panel organized a side-event to the 31st regular session of the Human Rights Council on Thursday 10 March 2016, together with the Office of the High Commissioner for Human Rights (OHCHR), the Special Representatives to the Secretary General (SRSGs) on Violence against Children and Children and Armed Conflict, the Special Rapporteur on Torture, the United Nations Office on Drugs and Crime and UNICEF; with the support of the Permanent Missions of Switzerland, Norway, Algeria and Uruguay to the United Nations.
The United Nations Deputy Secretary-General, Mr. Jan Eliasson, delivered a video message, stressing that “children who are deprived of liberty fall into a statistical vacuum, with numbers of these children potentially ranging anywhere from the tens of thousands to the millions”.
In addition Defence for Children International (DCI), on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty, delivered an oral statement during the 31st regular session of the United Nations Human Rights Council, within the Interactive Dialogue with the United Nations Special Representative on Violence against Children (08 March 2016).
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JANUARY 2016:
COUNCIL OF EUROPE SUPPORTS THE GLOBAL STUDY
Council of Europe integrates the Global Study in its new strategy
The Global Study on Children Deprived of Liberty is formally supported and included in the Council of Europe Strategy for the Rights of the Child (2016 – 2021)by the Committee of Experts on the Council of Europe Strategy for the Rights of the Child (DECS-ENF 2016, section 4.2, paragraph 54).
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DECEMBER 2015:
UNITED NATIONS GENERAL ASSEMBLY RESOLUTION ON THE RIGHTS OF THE CHILD
The United Nations General Assembly Resolution on the Rights of the Child (A/RES/70/137, paragraph 54), recalls previous Resolution calling for the Study and encourages member States, United Nations agencies, funds, programmes and offices, as well as other relevant stakeholders to support the elaboration of the Study.
NOVEMBER 2015:
UNIVERSAL CHILDREN’S DAY
On Universal Children’s Day (20 November) the United Nations Secretary General made an official statement explaining the Study and calling on member States to come together to assemble resources to take the study forward.
“On Universal Children’s Day, let us reaffirm our commitment to a future in which no child is left behind, including those deprived of their liberty” – UNSG Ban Ki-moon”
OCTOBER 2015:
UNITED NATIONS HUMAN RIGHTS COUNCIL RESOLUTION ON HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE, INCLUDING JUVENILE JUSTICE
The United Nations Human Rights Council Resolution on Human rights in the administration of justice, including juvenile justice (A/HRC/30/7, paragraph 26) supports the invitation made by the General Assembly to the Secretary-General to commission an in-depth global study on children deprived of liberty.
SEPTEMBER 2015:
GIRLS IN DETENTION: SIDE-EVENT AT THE 29TH SESSION OF THE HUMAN RIGHTS COUNCIL
Defence for Children International (DCI) co-organized a side event on “Girls in Detention” (18 June) together with Penal Reform International (PRI) and the Office of the Special Representative to the Secretary General on Violence against Children (O/SRSG/VAC). The event was sponsored by the Permanent Mission of Switzerland to the United Nations in Geneva. Panellists included representatives from the Office of the Special Representative to the Secretary General on Violence against Children, the Women Human Rights and Gender Section of the Office of the High Commissioner for Human Rights (OHCHR), as well as representative from Penal Reform International (PRI) and our colleague Vilma Amparo Gomez Pava of DCI – Colombia. The discussions identified the obstacles and challenges which compromise the realisation of girls’ rights in the criminal justice system. Discussions covered how to foster the adoption of gender-responsive policies; establish child-friendly justice systems that are sensitive to girls’ particular needs; set effective complaints mechanisms and remedies accessible to girls; ensure that justice systems are accessible and do not discriminate and re-victimize girls.
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JULY 2015:
SUPPORT FROM UNITED NATIONS SPECIAL REPRESENTATIVES
The annual report of the Special Representative of the Secretary-General for Children and Armed Conflict to the United Nations General Assembly (A/70/162 paragraph 17 ) formally supports the Global Study on Children Deprived of Liberty and expresses her office’s availability to contribute thereto.
The annual report of the Special Representative of the Secretary-General on Violence against Children to the United Nations General Assembly (A/70/289 paragraphs 3/25, 121.d) also supports the Global Study on Children Deprived of Liberty.
The report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to the Human Rights Council (A/HRC/28/68, paragraph 68) specifically focused on children deprived of liberty, addressing children in conflict with the law, children in institutions, Children in administrative immigration detention institutions. Furthermore, the report explicitly welcomes the commission of a Global Study on Children Deprived of Liberty and the appointment of an independent expert to lead it.
The annual report of the Special Representative of the Secretary-General on Violence against Children to the Human Rights Council (A /HRC/28/55 paragraph 139), expressed her office’s full commitment to contributing to the Study’s development, underscoring that the Study will provide a strategic opportunity to prevent girls’ deprivation of liberty, and associated risks of stigmatization and violence; safeguard girls’ rights as victims, witnesses and alleged perpetrators; and promote their long-lasting recovery and reintegration.
The annual report of the Special Representative of the Secretary-General for Children and Armed Conflict (A/HRC/28/54, paragraph 30) reiterates the office’s support and cooperation to the Global Study on Children Deprived of Liberty.
APRIL 2015:
UNITED NATIONS CONGRESS ON CRIME PREVENTION AND CRIMINAL JUSTICE
Defence for Children International (DCI) and Human Rights Watch also participated in the Thirteenth United Nations Congress on Crime Prevention and Criminal Justice (12-19 April 2015, Doha), organizing a specific event on “The Global Study on Children Deprived of Liberty” together with the United Nations Office on Drugs and Crime, to lobby support and also to ensure the Study was explicitly mentioned in the final outcome document of the Congress, the Doha Declaration (A/CONF.222/L.6, paragraph 5.e).
A statement was also presented to support these lobbying efforts and the event was picked up by regional media
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MARCH 2015:
SIDE-EVENT “CHILDREN DEPRIVED OF LIBERTY, A GLOBAL PERSPECTIVE” AT THE 28TH SESSION OF THE HUMAN RIGHTS COUNCIL
During the 28th regular session of the United Nations Human Rights Council, the NGO Panel for the Global Study on Children Deprived of Liberty organized a side-event “Children Deprived of Liberty, a global perspective” (10 March 2015). The event was supported by the Permanent Missions of Switzerland, Norway, Qatar and Uruguay to the United Nations in Geneva. Key speakers included the United Nations Special Representatives to the Secretary General on Violence against Children and on Children and Armed Conflicts, and the United Nations Special Rapporteur on Torture. The aim of the event was to keep the Global Study on the United Nation’s agenda as they decide how and who will lead its realization. You can view the webcast online and the full report of the event here .
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JANUARY 2015:
WORLD CONGRESS ON JUVENILE JUSTICE
Defence for Children International (DCI), actively participated in the World Congress on Juvenile Justice (26-30 January 2015), with a specific presentation on the Global Study on Children Deprived of Liberty and DCI also acted as key note speaker in the concluding remarks of the Congress. In addition, DCI lobbied to ensure the Global Study on Children Deprived of Liberty was included in the final declaration of the Congress (paragraph 17).
The former Independent Expert for the United Nations Study on Violence (2006), Professor Paulo Pinheiro, sent an official letter to the United Nations Secretary General supporting the Global Study on Children Deprived of Liberty and the appointment of an Independent Expert to guide its implementation.
Six former chairpersons of the United Nations Committee on the Rights of the Child also made a public statementsupporting the Study and the appointment of an Expert.
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DECEMBER 2014:
UNITED NATIONS GENERAL ASSEMBLY RESOLUTION – THE GLOBAL STUDY IS REQUESTED
The United Nations General Assembly officially requested the Global Study on Children Deprived of Liberty to be carried out through its Resolution on the Rights of the Child (A/RES/69/157 paragraph 51.d), marking the success of the campaign led by the NGO Panel for the Global Study on Children Deprived of Liberty and the concrete advancement of the Study’s realization.
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NOVEMBER 2014:
LETTER TO UNITED NATIONS SECRETARY-GENERAL & SUPPORT FROM UNITED NATIONS SPECIAL RAPPORTEUR ON TORTURE
Official letter addressed to the United Nations Secretary-General, Ban Ki-Moon, to urge the appointment of an Independent Expert to lead the Study, in order to ensure a comprehensive & collaborative approach.
The United Nations Special Rapporteur on Torture, Professor Juan Mendez, also made an official statement to this end.
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OCTOBER 2014:
HIGH-LEVEL EVENT IN NEW YORK
Defence for Children International (DCI) and Human Rights Watch, as co-convenors of the NGO Panel for the Study, organized a high level event in New York.
The panel discussion underlined the lack of data on children deprived of liberty and the need to appoint an Independent Expert to lead the Global Study on Children Deprived of Liberty. This event took place in parallel to the negotiations around the United Nations General Assembly Resolution on the Rights of the Child. DCI and Human Rights Watch lobbied Permanent Missions to the United Nations in New York to ensure the text of the resolution would include a formal request for the Study.
In addition, DCI on behalf of the NGO Panel, made a press release to support its lobbying efforts around the text of the United Nations General Assembly Resolution on the Rights of the Child, as the explicit reference to Independent Expert was removed.
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SEPTEMBER 2014:
STATEMENT AT THE HUMAN RIGHTS COUNCIL 27TH SESSION
Defence for Children International (DCI), on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty, delivered an oral statement on the occasion of the 27thregular session of the United Nations Human Rights Council, during the panel discussion on the protection of the human rights of persons deprived of their liberty (10 September 2016), calling on the members of the Human Rights Council (HRC) to support the launch and execution of the Global Study on Children Deprived of Liberty.
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JULY 2014:
COUNCIL OF EUROPE SUPPORTS THE CAMPAIGN
The Parliamentary Assembly of the Council of Europe (PACE) adopted a Juvenile Justice Resolution(No. 2010/2014, paragraph 7), urging member States to adopt child-centred, specialized juvenile justice systems and explicitly supporting the Global Study on Children Deprived of Liberty.
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JUNE 2014:
EXPERT CONSULTATION
Defence for Children International (DCI) as lead for the NGO Panel, organized an Expert Consultation at the Palais des Nations in Geneva (13 June 2014), involving UN experts and agencies, member States, academia and civil society to discuss eventual implementation, including methodology, for the realization of the Study. The full report of the Expert Consultation, which includes important examples and ideas from a variety of key actors, is available.
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26th SESSION OF THE UN HUMAN RIGHTS COUNCIL
A side-event on “Strategies for Reforms in Juvenile Justice”, supported by the Permanent Missions of Switzerland and Austria to the United Nations in Geneva, was organized on the same day by the Interagency Panel on Juvenile Justice.
Defence for Children International (DCI), on behalf of the NGO Panel for the Global Study on Children Deprived of Liberty, delivered an oral statement on the occasion of the 26thregular session of the United Nations Human Rights Council, under Item 3, Interactive Dialogue with the United Nations Special Rapporteur on Right to Health (11 June 2014), underlining the increased risks of abuse children deprived of liberty are exposed to.
Downloads:
- Concept Note “Strategies for reforms in juvenile justice
- Oral Statement HRC 26
MAY 2014:
THE UN COMMITTEE ON THE RIGHTS OF THE CHILD SUPPORTS THE GLOBAL STUDY
An official letter of recommendation by the United Nations Committee on the Rights of the Child, and a letter by NGOs formally requesting the Study to be carried out and the appointment of an Independent Expert, were both sent to the United Nations Secretary General (UNSG), Ban Ki-Moon.
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MARCH 2014:
LAUNCH OF THE CAMPAIGN
After six months of drafting and defining a concept note for the campaign, Defence for Children International (DCI) and other partner NGOs (now formalized as the “NGO Panel for the Global Study on Children Deprived of Liberty”), organized an official launch of the campaign calling for a Global Study on Children Deprived of Liberty at the Palais des Nations in Geneva, on the Annual Day on the Rights of the Child of the United Nations Human Rights Council (13 March 2014).
The event included the participation of Ms. Marta Santos País (United Nations Special Representative to the Secretary General on Violence against Children), Justice Renate Winter (Member of the United Nations Committee on the Rights of the Child) and supporting Permanent Missions of Uruguay, Qatar, Austria and Ethiopia to the United Nations in Geneva.
The NGO Panel also prepared a Q&A for member States and an Advocacy Brochureto support its lobbying activities.
Also in March 2014, the European Network of Ombudspersons for Children (ENOC) formally supported the Global Study on Children Deprived of Liberty through an official statement.
Downloads:
- THE CALL
- Q & A
- Advocacy Brochure
- The call is also available in French, Spanish, Arabic, Russian, Italian and Portuguese.