A/HRC/31/57
suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children
living in prison with their mothers may be at heightened risk of suffering violence, abuse
and conditions of confinement that amount to torture or ill-treatment. In this context, the
imprisonment of pregnant women and women with young children must be reduced to a
minimum.
Girls in detention
29.
Girls in the criminal justice system are at particular risk of experiencing torture and
ill-treatment. The majority have prior histories of abuse and violence that serve as primary
predictors of their entry into the juvenile justice system. Girls’ particular physical and
mental health needs often go unrecognized and incarceration itself tends to exacerbate
trauma, with girls suffering disproportionately from depression and anxiety and exhibiting a
higher risk of self-harm or suicide than boys or adults. Many States lack facilities for
separating girls from adults or boys, which significantly increases the risks of violence,
including sexual violence.13 The employment of male guards in girls’ facilities significantly
increases the risk of abuse, while girls held in remote, segregated facilities are isolated and
have limited contact with their families.
30.
Many States use the criminal justice system as a substitute for weak or non-existent
child protection systems, leading to the criminalization and incarceration of disadvantaged
girls who pose no risk to society and are instead in need of care and protection by the
State.14 The Special Rapporteur recalls that the deprivation of liberty of children is
inextricably linked with ill-treatment and must be a measure of last resort, used for the
shortest possible time, only when it is in the best interest of the child and limited to
exceptional cases (A/HRC/28/68). Accordingly, the lack of gender-centred juvenile justice
policies directly contributes to the perpetration of torture and ill-treatment of girls. There is
an urgent need for policies that promote the use of such alternative measures as diversion
and restorative justice, incorporate broad prevention programmes, build a protective
environment and address the root causes of violence against girls. Failure to support girls in
detention with adequate and complete information about their rights in a comprehensible
manner and to provide assistance with reporting complaints in a safe, supportive and
confidential manner further aggravates mistreatment.
Migrants and refugees
31.
Migrants, asylum seekers and refugees worldwide face grave human rights
violations during the migration process. Physical violence, threats and abductions by
smugglers, traffickers and organized criminal groups are common. Women and girls are
particularly vulnerable to sexual violence, exploitation and slavery along migration routes.
Such abuses can amount to torture and ill-treatment and States’ failure to properly screen
migrants and refugees, identify victims of torture and provide appropriate care and support
can retraumatize victims and inflict additional mistreatment.
32.
Upon interception or rescue, migrants and refugees tend to be criminalized and
detained in substandard and overcrowded conditions amounting to torture or ill-treatment.
Unsanitary conditions and inadequate medical care, including lack of access to reproductive
care, affect women in particular. Many facilities fail to separate female and male prisoners,
leading to heightened risks of sexual violence from other detainees or guards
13
14
Committee on the Rights of the Child, general comment No. 10 (2007) on children’s rights in juvenile
justice.
Safeguarding the Rights of Girls in the Criminal Justice System: Preventing Violence, Stigmatization
and Deprivation of Liberty (United Nations publication, Sales No. E.15.I.10).
9
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