GSCDL

Global Study on Children Deprived of Liberty: Expert level meeting with the Independent Expert and OHCHR

In the framework of the Global Study on Children Deprived of Liberty (GSCDL), DCI (as co-convener of the NGO Panel on GSCDL) will be organizing an expert level meeting together with the Independent Expert and with the support of the Office of the High Commissioner for Human Rights (OHCHR). The event will take place on 08 March 2018 at the Palais des Nations in Geneva (Switzerland), to present the Study questionnaire and provide a corresponding space for discussion.

The questionnaire has been formally distributed and is now available online. Aimed for collecting and providing quantitative statistical data about the number of children deprived of liberty, the questionnaire represents a tool for States and other key stakeholders to provide examples of best practices and innovative alternative approaches aimed at upholding children’s rights and ultimately reducing the number of children deprived of liberty.

To contact the NGO Panel, including media inquiries, please contact, Anna Tomasi.

Press Conference: Mr. Manfred Nowak, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Op. Ed by Manfred Novak on the Global Study on Children deprived of Liberty

By Manfred Nowak

At this very moment, millions of children are languishing in prisons, detention centers and institutions around the world. Every one of these children is at great risk of irreversible harm. Even short periods of detention can profoundly impair healthy developments in children, and the lasting impact can rob them of their rightful chance to live productive lives.

Yet we know so little about these children and about their lives, that it has been next to impossible to effectively address their plight, restore them to freedom and their families, and give them back their futures. There are no worldwide statistics available on these children or on what national efforts are underway to support and reach them.

Recognizing that reliable data is critical in creating sound policies and sustaining meaningful change, the UN General Assembly adopted a resolution in 2014 to conduct an in-depth Global Study on Children Deprived of Liberty, to be financed by Member States through voluntary contributions. In October 2016, I was appointed to lead the Global Study.

Regrettably, only two of the of 193 UN Member States (Austria and Switzerland) have contributed funds so far, and time is running out. The study will require a total of US$4.7 million dollars; we must garner US$1million of that amount in pledges before the study can begin.

Now I am calling on every UN Member State to come forward and pledge the funds necessary.

The Global Study has received the support of UN agencies and Nongovernmental organizations (NGOs) alike. Worldwide, 139 NGOs are on board. But we need more than their support – we must secure funding from UN Member States to ensure the Study’s effective implementation.

To date there have only been two previous global studies on children: the 1996 Study on Children in Armed Conflict, led by Graça Machel and the 2006 Study on Violence against Children, led by Paulo Sérgio Pinheiro. Each has resulted in sweeping change and measurable improvement in the wellbeing of children across the globe. Such studies establish standardized definitions; clear, globally agreed recommendations for action; and measures to hold nations to account.

The Global Study on Children Deprived of Liberty offers a unique opportunity to gain a global understanding of the scale and gravity of the situations of voiceless and helpless children hidden behind bleak institutional walls, and to help set a course of correction.

We cannot afford to let this opportunity to slip through our fingers.

Visit childrendeprivedofliberty.info and the OHCHR website for more information and to get involved. 

Manfred Nowak is the Independent Expert appointed in 2016 to lead the UN Global Study on Children Deprived of Liberty. A human rights attorney, he served as the UN Special Rapporteur on Torture from 2004 to 2010.

©Juvenile Justice Advodcates International

140 NGOs call on governments to pledge funds to the Global Study on Children Deprived of Liberty

In 2014, the United Nations General Assembly requested an in-depth Global Study on Children Deprived of Liberty. This is a historic opportunity to improve the lives of millions of children deprived of their freedom and a milestone in advancing child protection globally. Professor Manfred Nowak has been appointed as the Independent Expert to lead the effort, but so far only two states, Austria and Switzerland, have made donations towards the total cost. Given the Study is to be funded entirely by voluntary donations, the whole process is now at risk.

Like the two previous UN studies on children—the 1996 Study on Children and Armed Conflict led by Graça Machel and the 2006 Study on Violence against Children led by Paulo Sérgio Pinheiro— the Global Study has the potential to bring global attention to children’s rights and spark far-reaching national and global reforms.

The United Nations General Assembly (UNGA) began on 12 September. As heads of states come together to tackle global issues, this is an opportunity to make our calls heard by those that have the power to make the Study a reality.

How to get involved

From 26 September to 13 October, the NGO panel are asking Member States to pledge funds towards the Study. Join our call and download our campaign toolkit to show your support online

Why do we need the Study?

Despite progress in the realisation of children’s rights, as set out in the Convention on the Rights of the Child, too many commitments remain unfulfilled. This is particularly true for children deprived of liberty, who often remain invisible and forgotten.

Most countries lack data on the number of children deprived of liberty. Children living on the street, in institutions, victims of trafficking, prostitution, organised crime and conflict situations are at special risk.

Children deprived of liberty remain an invisible and forgotten group in society despite increasing evidence of being victims of human rights violations. Countless children are placed in inhuman conditions, where they are at high risk of violence, rape and sexual assault, including acts of torture and cruel, inhuman or degrading treatment or punishment. The personal cost to these children is immeasurable in terms of the destructive impact on their development, and on their ability to lead healthy and constructive lives in their societies.

To address this situation, the United Nations (UN) General Assembly, by resolution 69/157, invited the UN Secretary-General to commission an in-depth global study on children deprived of liberty. On 25 October 2016, the Secretary General welcomed the selection of Manfred Nowak as Independent expert to lead the new global study on the situation of children deprived of liberty. By resolution 71/177 the General Assembly invited the independent expert to submit a final report at its seventy-third session in September 2018.

Contact

For further information on the campaign, please contact Anna Tomasi

Join us in making the Study a reality.

 

Three girls stand in the concrete yard of the women's prison at Pétionville, a suburb of Port-au-Prince, the capital. Behind her stands a concrete wall, topped with barbed wire. Laundry lies on the ground at her feet. Arrests of minors are frequently gang-related, with alleged offences ranging from petty crime to gun possession and assault. Children are often forcibly inducted into gangs, where they face violence from older gang members, rival gangs and the authorities. Many girls have been sexually abused, and some are HIV-positive. Once in prison, they can be held indefinitely without being charged or tried. UNICEF provides sanitation kits and educational and art supplies to this prison.  [#3 IN SEQUENCE OF SEVEN]

In December 2005 in Haiti, children face extreme poverty, violence and chronic insecurity. UNICEF's Child Alert Report on Haiti is the second in a series that documents the effect of crisis situations on children. The report, to be released on 22 March 2006, warns that decades-long political instability and weak institutions have created a climate of lawlessness and social disintegration that have exacerbated conditions of poverty. In addition, Haiti's vulnerability to natural disasters has deepened the environmental crisis of deforestation and erosion. The consequences for children are devastating. Each year, 20 per cent of children under five die from preventable illnesses, the highest child mortality rate in the Americas. Just 11 per cent of Haitians have running water in their homes, and 40 per cent have no access to safe water at all. Many thousands of children work as domestic servants or live in slums or on the streets, where they are vulnerable to gang violence, kidnapping and sexual exploitation. Only 54 per cent of children attend primary school, and of these, the majority leave school after just four years in order to work or care for younger siblings. More than 200,000 children have lost one or both parents to AIDS.

An open letter to the UN and Member States: financial support is critically needed

“We are writing on behalf of a network of nearly 140 nongovernmental organizations around the world to urge all governments to respond to the recent United Nations funding appeal for the Global Study on Children Deprived of Liberty. The UN General Assembly requested that the Secretary-General commission this Study, Professor Manfred Nowak has been appointed as an Independent Expert to lead the effort, but the whole process is now at risk without proper funding.

For this reason, we are urging all UN Member States to provide crucially needed financial support to the Study and wish to stress three main arguments explaining why such support is critical:

1. The Study is a tool to support Member States in meeting their obligations under international law and fulfilling the 2030 Agenda for Sustainable Development

The 2030 Sustainable Development Goals commit to leaving no one behind. Yet this commitment cannot be met, if children deprived of liberty remain uncounted. We do not know how many children are detained worldwide, and without even this basic information it is impossible to respond to their needs. Children deprived of liberty are more likely to become victims of violence and exploitation and usually do not enjoy their rights to education, health care and access to justice. These children should be considered as among the furthest behind. Fulfilling the ambitious vision set by the SDGs requires that all children, particularly those living outside of their home environment, are counted and their situations addressed.

2. The Study will be a catalyst for change and a milestone in the development of alternatives to detention of children

Like the two previous UN studies on children—the 1996 Study on Children and Armed Conflict led by Graça Machel and the 2006 Study on Violence against Children led by Paulo Sérgio Pinheiro— the UN Study on Children Deprived of Liberty has the potential of bringing global attention to critical issues relating the deprivation of children and sparking far-reaching national and global reforms. The Study is a tool that will provide concrete recommendations in law, policy and practice to Member States on all forms of deprivation of liberty. Carrying out this Study does not need a permanent mandate to be established to translate the results into long-lasting impact. Follow-up can be mainstreamed into the existing mandates of UN agencies already working on different aspects and forms of detention of children.

Too many children are unnecessary deprived of their liberty, causing significant harm. This Study will present practical and effective solutions to treat children in a better way.

3. In the long-term, investing in the Study and in alternatives to detention will lead to significant savings and societal benefits

There is a cost for the Study, but this can be offset by enormous social and financial benefits. Studies have shown that reducing the number of children deprived of liberty can result in higher levels of education, better livelihoods, lower crime rates, and healthier communities. Reducing children in detention can also provide substantial financial benefits to States: developing effective non-custodial measures is less costly than investing in detention facilities. Importantly, the Study is not a naming and shaming exercise, nor an end in itself.

Therefore, we call upon your Excellencies to respond to the United Nations funding appeal for the Global Study on Children Deprived of Liberty. Individual contributions from States do not need to be large to make the Study possible. Small contributions from many States could make the Study a reality.

Yours sincerely,

Jo Becker, Children’s Rights Advocacy Director, Human Rights Watch, and Alex Kamarotos  Executive Director Defence for Children International

Co-conveners, NGO Panel for the Global Study on Children Deprived of Liberty (full list of endorsing groups is available at www.childrendeprivedofliberty.info)”

 

Please find the letter here.