A/HRC/21/26
children and adolescents deprived of their liberty in detention centres, penal or correctionaleducational institutions or remanded in custody. 110
44.
In a number of States, children are detained for minor offences.111 Status offences,
such as running away from home, are regarded as abnormal behavior, are criminalized, and
can lead to the detention of children charged with such offenses.112 In some cases, girls who
are victims of violence and abuse are made responsible for the criminal acts committed
against them.113 In other cases, children in need of care and attention are put in detention
instead of social care.114
45.
The frequent and systematic use of pretrial detention for children is also of serious
concern.115 Children are often held in pretrial detention for long periods.116 At times, their
pretrial detention exceeds the length of the maximum prison term that they could receive if
found guilty. Furthermore, children are sometimes kept for weeks in police custody. 117
Conditions of detention
46.
Conditions of detention for children in conflict with the law, including in police
stations while under arrest and in detention centres, are often poor and inadequate,118 in
some cases amounting to cruel, inhuman or degrading treatment.119 In many States, children
are not always held separately from adults or from convicted persons, exposing them to an
increased risk of abuse.120 In some cases, girls may be detained in mixed-sex prisons, where
110
111
112
113
114
115
116
117
118
119
120
14
Committee on the Rights of the Child, concluding observations: Costa Rica (CRC/C/CRI/CO/4),
para.83 (a); Committee Against Torture, concluding observations: Latvia (CAT/C/LVA/CO/2),
para.11; Human Rights Committee, concluding observations: Moldova (CCPR/C/MDA/CO/2),
para. 20.
Committee on the Rights of the Child, concluding observations: Tajikistan (CRC/C/TJK/CO/2),
para. 72; Committee against Torture, concluding observations: Indonesia (CAT/C/IDN/CO/2),
para. 17.
Committee on the Rights of the Child, concluding observations: Bahrain (CRC/C/BHR/CO/2-3),
para. 69(c); Nigeria (CRC/C/NGA/CO/3-4), para. 30.
Committee on the Rights of the Child, concluding observations: Afghanistan (CRC/C/AFG/CO/1),
para. 74(b).
Committee on the Rights of the Child, concluding observations: Malawi (CRC/C/MWI/CO/2),
para. 75.
Committee on the Rights of the Child, concluding observations: Ukraine (CRC/C/UKR/CO/3-4),
para. 84; Italy (CRC/C/ITA/CO/3-4), para. 76; Mozambique (CRC/C/MOZ/CO/2), para. 88.
Committee on the Rights of the Child, concluding observations: Burundi (CRC/C/BDI/CO/2),
para. 76(e); Committee Against Torture, concluding observations: Liechtenstein (CAT/C/LIE/CO/3),
para. 27; Latvia (CAT/C/LVA/CO/2), para. 11.
Committee on the Rights of the Child, concluding observations: Burkina Faso (CRC/C/BFA/CO/3-4),
para. 76(c); Committee against Torture, concluding observations: Burundi (CAT/C/BDI/CO/1),
para. 13.
Committee against Torture, concluding observations: Nicaragua (CAT/C/NIC/CO/1), para. 24;
Human Rights Committee, concluding observations: Norway (CCPR/C/NOR/CO/6), para 12;
Committee on the Rights of the Child, concluding observations: Sierra Leone (CRC/C/SLE/CO/2),
para. 76.
Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Mexico (CAT/OP/MEX/1), para. 246.
Human Rights Committee, concluding observations: Jamaica (CCPR/C/JAM/CO/3), para. 23;
Committee on Economic, Social and Cultural Rights, concluding observations: Sri Lanka
(E/C.12/LKA/CO/2-4), para. 32; Committee on Migrant Workers, concluding observations: Senegal
(CMW/C/SEN/CO/1), para. 15.
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