In 2016, the UN launched a “Global Study on Children Deprived of Liberty”.
There is a severe lack of quantitative and qualitative data, research and verified information relating to children deprived of liberty. The UN Global Study, lead by Independent Expert Manfred Nowak, intends to look at the scale of the issue (collecting disaggregated data) and the conditions of children deprived of liberty worldwide.
The main focusses of the Study are:
- children living in institutions
- children in detention centres and immigration detention centres
- children living with parents in prison
The Study aims to identify good practice and make recommendations to prevent child rights violations in relation to deprivation of liberty. As an overall objective, it hopes to reduce the number of children deprived of their liberty.
Given the goals, the Study will include the following elements:
- Legal framework: A review of relevant legal standards
- Collection of new data: Data collection, including disaggregated statistics regarding age, gender, and vulnerable groups, and the reason/basis for detention.
- Review of existing literature: A literature review should include, inter alia, UN documentation, including relevant reports by UN special procedures, submissions and concluding observations from UN treaty bodies and relevant information from the Universal Periodic Review (UPR).
- Expert consultations (thematic/regional)
- Child participation: In particular, children who have been detained or confined will be consulted, so that their experiences and views are reflected and taken into account in the formulation of recommendations.
The problem? So far only two of the 193 Member States – Austria and Switzerland – have contributed funds, representing 5% of the $4.7million needed to carry out the Study! If no further funds are raised, there will be no Global Study.
COPE calls on its network members and partners to work together to ensure this vital Global Study is not abandoned, by promoting the Study and encouraging governments to contribute funding. Most Member States thus far appear to be resisting the Study, perhaps because of its direct focus on State practice, which could bring issues to light that do not reflect well on national policy and practice.
This is a unique opportunity to shine a light on the scale and seriousness of children’s rights in relation to deprivation of liberty worldwide, including children of prisoners.