It's Time to Stop Torture

"Regardless of the reason for which they may have been deprived of their liberty – juveniles are inherently more vulnerable than adults. In consequence, particular vigilance is required to ensure that their physical and mental well-being is adequately protected." -- A 1999 report by the European Committee for the Prevention of Torture.

Juvenile Justice

1. Overview 2. Children 3. Corporal Punishment 4. Impunity 5. Juvenile Justice 6. Sexual Identity 7. Women & Girls

Children crammed into the compound at Zomba Central Prison, Malawi. Photo ©Penal Reform International.

People who come in contact with the law don’t give up their fundamental right to be safe from harm and to be treated with dignity and respect. International standards for the conduct of law enforcement officers and the treatment of prisoners are intended to safeguard this right. They do so by eliminating opportunities for torture, ill-treatment and other grave human rights abuse at the hands of authorities and by providing means for the victim to bring her or his story to light should abuse take place.

Young people are especially vulnerable to abuse and exploitation at the hands of authorities and adult prisoners. They are less likely to be heard and believed when abuses occur. And, because of their age, they may suffer greater emotional harm as a consequence of abuse.

Specific safeguards for people under the age of 18 who come in contact with the law are spelled out in international human rights instruments like the Convention on the Rights of the Child, a binding treaty that has been ratified by every country in the world except two (Somalia and the United States.)

Like adults, every child has the right to be safe from torture and ill-treatment at all times. For children and adults alike, this right is protected by provisions such as being able to notify family that you have been arrested or being able to promptly contact a lawyer. In addition, international standards specify that young people under the age of 18 have the right to have a parent or legal guardian present during any questioning by the police or before the courts.

At all times, how children are treated within the legal system is supposed to be determined by their best interests and the goal of minimizing harm to their future development. International standards also provide safeguards against torture or cruelty that might result from treatment that is appropriate to an adult being inappropriately applied to a child.

Arrest, detention and imprisonment of children should be used only as a last resort and for the shortest appropriate time. The child’s case should be heard in a separate juvenile justice system with specially trained staff and separate institutions aiming at the rehabilitation of the child. During detention, children should be segregated from adult prisoners and continue to have access to education and exercise appropriate to their age.

For more information on juvenile justice, please see our special website on children's rights.