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Children's Rights > Juvenile Justice

Juvenile Justice

Locked up for long periods of time, many children are subjected to appalling conditions of confinement that violate international standards. Often held with adults and subjected to violence at the hands of guards and other detainees, children in confinement are frequently denied adequate food, medical and mental health care, education, and access to basic sanitary facilities. These children eventually return to society, meaning that the failure to prepare them for their return is shortsighted as well as cruel, carrying enormous social costs.

Human Rights Watch has issued 17 reports on juvenile justice since 1995 and done considerable advocacy.  We have had some success in this area – most notably, we played an important role in the closing of one inhumane correctional institution in Louisiana, and the removal of children from adult jails in California and Maryland.

We have documented systemic failures to guarantee children legal representation and otherwise provide them with fair hearings in Brazil, Bulgaria, Guatemala, India, Jamaica, Kenya, Pakistan, Russia, and the United States Of particular concern are sentences that violate the international principle that deprivation of liberty should be a measure of last resort and for the shortest appropriate period of time or that constitute torture or cruel, inhuman, or degrading treatment.

Since the adoption and near-universal ratification of the Convention on the Rights of the Child, a growing number of countries have modified their juvenile justice laws to guarantee children the rights set forth in the convention and in other international instruments. In other countries, reforms are under consideration but have not yet been enacted into law. And a large number of countries in the region and elsewhere in the world must still take action to bring their legislation into compliance with the convention.

Where they have taken place, legislative reforms are positive first steps toward greater recognition of the human rights of children. Even so, the gaps between law and practice are often vast. Many children are denied due process, detained under appalling conditions, subjected to violence at the hands of guards and police, and some are even put to death.

 

Human Rights Watch recommends that countries around the world take the following minimum steps to safeguard the human rights of children in conflict with the law:

1) All governments should ensure that children in conflict with the law are detained only as a last resort and for the shortest appropriate period of time. Children should never be incarcerated for acts that would not be crimes if committed by adults.

2) Conditions of detention and incarceration should meet international standards. Children should never be detained with adults. They should be permitted regular, frequent contact with their family members, legal representatives, and others from the outside world and should be given access to education, health and mental health care, adequate food, and sanitary facilities.

3) Countries that retain the use of the death penalty or life without parole should end these practices immediately and amend their legislation accordingly.

Reports on Juvenile Justice
When I Die, They’ll Send Me Home: Youth Sentenced to Life without Parole in California
January 2008

No Easy Answers: Sex Offender Laws in the US
September 2007

Paying the Price: Violations of the Rights of Children in Detention in Burundi
March 2007

“Children of the Dust”: Abuse of Hanoi Street Children in Detention
November 2006

Still Making Their Own Rules: Ongoing Impunity for Police Beatings, Rape, and Torture in Papua New Guinea.
October 2006

Custody and Control: Conditions of Confinement in New York’s Juvenile Prisons for Girls. 
September 2006

The Rest of Their Lives: Life without Parole for Child Offenders in the United States
October 2005

"Making Their Own Rules": Police Beatings, Rape, and Torture of Children in Papua New Guinea

September 2005

In the Dark: Hidden Abuses Against Detained Youths in Rio de Janeiro
June 2005

"Real Dungeons": Juvenile Detention in the State of Rio de Janeiro
December 2004

Cruel Confinement: Abuses Against Detained Children in Northern Brazil
April 2003

Charged with Being Children: Egyptian Police Abuse of Children in Need of Protection
February 2003

Beyond Reason: The Death Penalty and Offenders with Mental Retardation
March 2001

Order online:
A World Leader in Executing Juveniles
March 1995
(Purchase this report)

Related Press Releases:
California: Repeal Law Jailing Children for Life
January 2008

Iran: Prevent Execution of Juvenile Offender
December 2007

Iran: Revoke Death Sentence in Juvenile Case
November 2007

Saudi Arabia: Fair Appeal for Domestic Worker on Death Row 
July 2007

Iran Leads the World in Executing Children
June 2007

Iran: Juvenile Offenders Face the Hangman’s Noose 
September 2006

Letter to Minister Bire Kimisopa, Minister of Justice
July 2006

Letter to Minister Alphonse Willie, Minister of Police
July 2006

Letter to Jail Commander, Buimo Jail
July 2006

Papua New Guinea: Recruitment of Female Police Officers
February 2006

Letter to His Excellency Ahmed Aboul Gheit on the death sentence of Egyptian boy
October 2005

Saudi Arabia: 14-Year-Old Boy Faces Execution
October 2005

United States: Thousands of Children Sentenced to Life without Parole
October 2005

Iran: End Juvenile Executions 
July 2005

U.S.: Missouri Gov. Urged Not to Execute Juvenile Offender With Mental Retardation
March 2001

Nigeria: Teenage Mother Whipped
January 2001

U.S.: South Dakota Agrees to Respect Rights of Detained Youth
November 2000

Human Rights Watch Calls on Virginia Governor to Halt Two Juvenile Executions
January 2000

Virginia Governor Urged to Halt Execution of Juvenile Offender
June 1999

Human Rights Watch Condemns Execution of Juvenile Offender
February 1999

State Governor Urged to Stop Execution of Juvenile
January 1999

Trial and Sentencing Practices
California's Proposition 21: All Smoke and Mirrors
by Michael Bochenek

Conditions of Confinement
Human Rights Watch has documented abominable conditions for children in detention in countries around the world. In the United States (Colorado, Georgia, Louisiana, and Maryland), Pakistan, Jamaica, among other countries, children are subjected to excessive force, inadequate medical and mental health care, and are provided with little or no education. Often, these children are placed in the facilities along side adults, exposing them to physical and sexual abuse.

Human Rights Watch Prison Project

Close to Home: Juveniles in Adult Jails
Op-Ed by Michael Bochenek
The Washington Post, November 11, 1999

Related press releases and reports:
South Dakota: Stop Abuses of Detained Kids; Governor Must End Inhumane Practices
March 2000

Children Abused In Maryland Jails
November 1999

Child Detainees Being Tortured in Pakistan
November 1999

Jamaican Children Endure Abusive Conditions in Police Lockups
July 1999

HRW Welcomes Release of Chldren from Jamaican Police Lockups
July 1999

High Country Lockup: Children in Confinement in Colorado
August 1997

Modern Capital of Human Rights? Abuses in the State of Georgia
July 1996

Children in Confinement in Louisiana
1995




 

More Information:

Reports

Briefing Papers

Press Releases

Op-Eds and Letters

International Legal Standards



Juvenile Justice

Child Labor

HIV/AIDS and Health

Child Soldiers

Violence Against Children

Refugee, Displaced and Migrant Children

Education

Street Children

Children Deprived of Parental Care

Children in the U.S.



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