A/HRC/21/26
extracting confessions.130 Furthermore, reports of children suffering abuse, ill-treatment or
torture as a form of punishment or disciplinary measure are not uncommon.131
50.
In a variety of States, corporal punishment, including caning or flogging, is
considered as a form of lawful disciplinary measure, or is not explicitly prohibited under
domestic law, and continues to be practised in a number of States.132 Physical restraint, such
as handcuffing and shacking, is practised in juvenile rehabilitation centres allegedly for
security reasons or as a form of punishment. 133 At times, self-inflicted injuries or even
suicide in detention have been recorded.134 Furthermore, children’s privacy is not always
sufficiently respected.135
Protection safeguards
51.
Another key challenge is the lack of appropriate and independent mechanisms to
monitor conditions of children deprived of their liberty, including the effective application
of pretrial detention.136 Adequate control of detention centres is often not provided and
there is no systematic inspection to investigate and evaluate actual conditions as well as
violations to existing regulations.137 Moreover, mechanisms may not be available to
children deprived of liberty and children placed in institutions, through which they can file
a complaint regarding their treatment.138 Additionally, alleged cases of torture or illtreatment are not always investigated adequately. Often, children do not file formal
complaints for fear of reprisals.139
Juvenile justice personnel
52.
A further important issue relates to training of personnel working with children
deprived of their liberty. Complaints often concern the inadequacy and insufficiency of
training of lawyers, judges, police, prison staff and other professionals, such as social
130
131
132
133
134
135
136
137
138
139
16
Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Paraguay (CAT/OP/PRY/1), paras. 80, 81, 137; Honduras
(CAT/OP/HND/1), para. 30; Committee against Torture, concluding observations: Turkey
(CAT/C/TUR/CO/3), para. 21.
Committee on the Rights of the Child, concluding observations: Tunisia (CRC/C/TUN/CO/3),
para. 38; Committee against Torture, concluding observations: Yemen (CAT/C/YEM/CO/2/Rev.1),
para. 25; Human Rights Committee, concluding observations: Australia (CCPR/C/AUS/CO/5),
para. 24.
Committee Against Torture, concluding observations: Sri Lanka (CAT/C/LKA/CO/3-4), para. 30;
Chad (CAT/C/TCD/CO/1), para. 32; Human Rights Committee, concluding observations: Bulgaria
(CCPR/C/BGR/CO/3), para. 14.
Committee on the Rights of the Child, concluding observations: Great Britain and Northern Ireland
(CRC/C/GBR/CO/4); para. 38; Afghanistan (CRC/C/AFG/CO/1), para. 35.
Committee on the Rights of the Child, concluding observations: Argentina (CRC/C/ARG/CO/3-4),
para. 38; Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment: Mission to Uruguay (A/HRC/13/39/Add.2), para. 61.
Committee on the Rights of the Child, concluding observations: Azerbaijan (CRC/C/AZE/CO/3-4),
para. 41; Honduras (CRC/C/HND/CO/3), para. 80(c).
Committee on the Rights of the Child, concluding observations: Egypt (CRC/C/EGY/CO/3-4),
para. 86 (e); Chad (CRC/C/TCD/CO/2), para. 85.
Committee on the Rights of the Child, concluding observations: Panama (CRC/C/PAN/CO/3-4),
para. 75; Guatemala (CRC/C/GTM/CO/3-4), para. 98 (g).
Committee on the Rights of the Child, concluding observations: Montenegro (CRC/C/MNE/CO/1),
para. 34; Romania (CRC/C/ROM/CO/), para. 43; Kazakhstan (CRC/C/KAZ/CO/3), para. 34.
Committee on the Rights of the Child, concluding observations: Bahreain (CRC/C/BHR/CO/2-3),
para. 42; Paraguay (CRC/C/PRY/CO/3), paras 29, 35; Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment: Mission to Uruguay (A/HRC/13/39/Add.2), para. 62.
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