A/HRC/11/8
page 13
and multifaceted needs which require inter-service cooperation, both within and outside
prisons, and a long-term commitment.26 Finally, there remains uncertainty as to the
effectiveness/outcomes of prison-based programmes, specific or mainstream, for people with
learning disabilities or difficulties, and an ongoing debate on the desirability of the few special
services or units that do exist.27
D. Children in detention
37. Children, including juveniles, constitute a particularly vulnerable group, also as
perpetrators of crimes.28 In many States, they have been pushed onto the streets and into crime
by poverty, inequality and social exclusion (lack of education, work and recreational
opportunities), broken homes, violence, drug abuse and exploitation. As such, they are in need of
care and protection rather than detention.29
38. Statistics dedicated to monitoring detention rates of children are rare; nonetheless, current
global statistics suggest at least 1 million children are detained,30 with boys significantly
outnumbering girls.31 Many have a history of school failure,32 but all have significant educational
needs. Nonetheless, in contrast to a comprehensive set of international juvenile justice standards
that promote education and rehabilitation over punishment, States globally maintain a punitive
response to young “offenders”, a response dominated by institutionalization.29
39. Rates of participation in education in detention are not frequently monitored, but,
where evidence does exist, they appear to vary widely between States. For example, in Chile,
just 61 per cent of children in detention receive basic education and 35 per cent secondary
26
Louks, N., “No one knows: offenders with learning difficulties and learning disabilities. The
prevalence and associated needs of offenders with learning difficulties and learning disabilities”,
Prison Reform Trust 2007.
27
Hayes, S., op. cit.
28
Carranza, E. (2004) Criminalidad, Políticas Públicas y Edad de Ingreso a la Responsabilidad
penal; read at the Congreso de Salamanca (available at www.oijj.org).
29
See www.juvenilejusticepanel.org/en/needforprotection.html.
30
See UNICEF and the United Nations (2006), Manual for the Measurement of Juvenile Justice
Indicators at www.ungift.org/docs/ungift/pdf/knowledge/juvenile_justice.pdf.
31
See Sistema Nacional de Atención Socioeducativa para Adolescentes Infractores de Ley
(2007), available at www.sename.cl and “Violence against girls in conflict with the law” (2007),
available at www.humanrightswatch.org.
32
See Foley, M. (2001) “Academic characteristics of incarcerated youth and correctional
educational programs” in Journal of Emotional and Behavioral Disorders, vol. 9.
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