A/HRC/21/25
B.
Inadequate staffing
51.
Unqualified and poorly trained and remunerated staff are widely recognized as a key
factor linked to violence within institutions. 31 Low pay and low status of personnel who
work directly with children was identified as one of the reasons for this. Overworked and
overwhelmed staff may resort to violent measures to maintain discipline, especially when
there is a lack of supervision. Many of the personnel working with children in institutions
lack knowledge of child and youth care practice, and there is little reward or prospect for
advancement for those who do a good job. The selection and appointment of staff members
is also haphazard, with few countries undertaking rigorous background checks of potential
employees.
C.
Lack of monitoring, oversight and complaints mechanisms
52.
There is a lack of monitoring and oversight in detention facilities, which are often
unregulated and closed to outside scrutiny. As a result, violence may continue unchecked
for many years. If cases are reported, they are often investigated superficially and by bodies
lacking independence, and prosecutions or other sanctions are rare. Those in a position to
take action may be complicit. This results in a sense of impunity, and allows violence
against children to continue.
53.
As highlighted by the joint report conducted by the Special Representative of the
Secretary-General on violence against children and the Special Rapporteur on the sale of
children, child prostitution and child pornography32, and indicated by the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty, inter alia, children in closed
facilities of any kind “should have the opportunity of making requests or complaints to the
director”33, the right to make complaints to administrative and judicial authorities, and to be
informed of the response without delay. The Rules call for the establishment of an
independent office, such as an ombudsman, to receive and investigate complaints made by
juveniles deprived of their liberty and to assist in the achievement of settlements.
54.
Some countries have established specialized administrative procedures for children
in specific contexts. In Slovenia, for example, there is a procedure for investigating
complaints regarding treatment of children by the police. 34
55.
There are few countries with a duly constituted authority independent from the
institution that undertakes inspections on a regular basis, with unannounced inspections on
its own initiative. The United Nations Convention against Torture and its Optional Protocol
are important in promoting safety for children in detention; however these treaties are not
yet in force in a large number of countries.
D.
Mixing different levels of vulnerability
56.
Many countries fail to provide a sufficient array of facilities to accommodate and
adequately protect children with differing needs. Moreover, there is a growing problem of
inadequate assessment of risk and vulnerability within each facility.
31
32
33
34
12
Ibid., p. 32.
A/HRC/16/56.
General Assembly resolution 45/113.
CRC/C/70/Add.19, para. 23.
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