A/HRC/11/8
page 14
education,33 whereas in England 89 per cent of girls and 79 per cent of boys participate generally
with attendance varying between 100 per cent and 53 per cent, depending on the institution in
question.34
40. If evidence of participation rates of detained children in education is rare, evidence of the
quality of educational provision is even more scarce. However, there are welcome signs that
some States are addressing the issue. Chile, for instance, has recently introduced reforms to its
juvenile justice system with the aim of complying more fully with international and domestic
legal standards relevant to children’s education. Similarly, Colombia and Argentina are
modernizing their juvenile systems with that aim.35
41. Most children return to their community from detention. Disturbing figures suggest,
however, that over two thirds do not return to school upon release. The reasons vary:
schools simply would prefer their continued exclusion; they may be released from detention in
the middle of the academic year; custodial records and records of credits earned are not
transferred to the school and/or schools refuse to accept custodial credit.36 Also, it has been
reported that children detained present a much higher rate of learning disabilities than other
children.33
42. There is no guarantee of access to education for all children in detention, and even fewer
possibilities of an adaptable and pertinent child-oriented education. The juvenile justice system
has been unable to provide sufficient quantity and quality of training and education to the
children detained. Even though there have been improvements in some countries, for the most
part they received inadequate education, ill-suited to their needs.
E. Education programmes for children living in prison with their mothers
43. Many women in detention are mothers of children below 18 years of age. Estimates
range for example from 61 per cent in England,37 75 per cent in the United States of America,38
33
See “Sistema Nacional de Atención Socioeducativa para Adolescentes Infractores de Ley”
(2007), at www.sename.cl.
34
Home Office, “Young people in custody: 2004-2006: an analysis of children’s experiences of
prison”, available at www.homeoffice.gov.uk.
35
See Red Latinoamericana de Educación en Contextos de Encierro at www.redlece.org.
36
Daniel P. Mears and Laudan Y. Aron, Addressing the Needs of Youth with Disabilities in the
Juvenile Justice System: The Current State of Knowledge, Urban Institute, 2003, available at
www.urban.org. Cited by Dignity in Schools Campaign (www.dignityinschools.org).
37
Social Exclusion Unit Report (2002), London.
38
United States Department of Justice: Bureau of Justice Statistics, 2001.
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