A/HRC/21/25
including being stripped naked and made to stand in water for days at a time, with limited
food and no access to toilets. 22
40.
Sexual abuse by staff members is also a significant risk. A survey of American
youth in juvenile detention facilities found that an estimated 12 per cent of youth in 195
juvenile facilities reported experiencing one or more incidents of sexual abuse by another
youth or facility staff during the 12-month period covered by the study. 23
3.
Violence by adult detainees
41.
Building upon article 37 (c) of the Convention on the Rights of the Child, general
comment No. 10 of the Committee on the Rights of the Child reiterated the well-established
rule that children must be detained separately from adults, adding that there is abundant
evidence that the placement of children in adult prisons or jails compromises their basic
safety, well-being and their future ability to remain free of crime and to reintegrate.
42.
In some States children are detained with adults in adult prisons, and many children
are subjected to forced or coerced sexual activity with adult male inmates, as well as to
physical violence. The Five years on report (see para. 21 above) records situations where
children as young as 13 were detained in adult prisons, and dozens of children described
forced or coerced sexual activity with adult male prisoners. 24 This was also reported by
children interviewed in a number of African countries for the film 10, presented at the
Global Conference on Child Justice in Africa, hosted in Kampala by the African Child
Policy Forum and Defence for Children International in November 2011.
4.
Violence by other children or young people
43.
Children in detention facilities are also vulnerable to violence from their peers.
Overcrowding, lack of supervision and a failure to separate more vulnerable children from
others all contribute to this phenomenon. Children involved in youth gangs might also be
motivated to violence, or violence may stem from incidents of racism.
5.
Self harm
44.
Children in detention are prone to self-harm. This ranges from cutting themselves to
strangling or hanging themselves. This occurs as a result of violence, neglect, poor
detention conditions, prolonged periods of deprivation of liberty, isolation and mental
health problems that may or may not have existed prior to detention. 25
22
23
24
25
10
K. Todrys, J. Amon, G. Malembeka and M. Clayton, “Imprisoned and imperilled: Access to HIV and
TB prevention and treatment, and denial of human rights in Zambian prisons”, Journal of the
International Aids Society 2011 14:8.
US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Special Report:
Sexual Victimization in Juvenile Facilities Reported by Youth 2008-2009, January 2010,
http://bjs.ojp.usdoj.gov/content/pub/pdf/svjfry09.pdf
NGO Advisory Council Five years on: A global update on violence against children (2011), citing
Human Rights Watch, Paying the price: Violations of the rights of children in detention in Burundi
(2007).
D. Medlicott, (2009) “Preventing Torture and Casual Cruelty in Prisons through Independent
Monitoring” in The Violence of Incarceration, P. Scraton and J. McCullogh (eds.), (Routledge, 2008),
p. 252.
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