Today, there are more than one million children in detention worldwide, most of whom have committed only minor offences.¹

The majority of children in conflict with the law² come from deprived and marginalized communities; their exposure to crime often reflects the failure of the state to protect or provide for them. Indeed, children come into conflict with the law through activities for survival, including theft, vagrancy and begging.

Children in conflict with the law are often at risk of violence, abuse and the denial of their rights at every stage of the criminal justice process. Abuses range from verbal, physical and sexual abuse to torture and extra-judicial killing.

Depriving children of their liberty can lead to long term psychological and physical damage, with overcrowding and poor prison conditions threatening their health and well-being. The removal of children from family and community networks, as well as from educational or vocational opportunities, can compound social and economic disadvantage and marginalisation. Exposure to criminal influences and violent behaviour whilst in detention may further serve to undermine rehabilitation and reform initiatives.

International standards

The main treaty is the UN Convention on the Rights of the Child, which has been ratified by all states but two. It requires that the ‘best interests of the child shall be a primary consideration’.

International standards concerning children in conflict with the law address a wide range of issues ranging from crime prevention and early intervention, through to judicial process, conditions of detention and re-integration into society. These include: the UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules); the UN Rules for the Protection of Juveniles Deprived of their Liberty; the UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the UN Guidelines for Action on Children in the Criminal Justice System.

These standards state that, in cases where children are detained or imprisoned, they are entitled to the same rights as adults as well as additional care and protection that take their age into consideration.

In all cases, detention or imprisonment should always be treated as a last resort and for the minimum necessary period. Alternatives to imprisonment should be used wherever possible. The purpose of detention should always be rehabilitation rather than punishment. Thus, children should receive care, protection and all the necessary educational, vocational, medical and physical assistance. Children should be separated from adults, have regular contact with family and friends, and to be brought as speedily as possible for adjudication.

Crime prevention and rehabilitation measures must involve protecting and promoting all rights for children, including the right to health, welfare and social services, recreation and leisure, as well as protection from violence and harm.

PRI’s work on juvenile justice

Given the risks faced by juveniles in detention and its damaging impact on a child’s development, PRI’s work places considerable emphasis on juvenile justice reform. Its activities focus on diverting children from the adult justice system, promoting alternative sanctions to imprisonment and, where imprisonment is used, improving conditions of detention.

Within the Middle East and North Africa region, PRI is implementing a juvenile justice programme in Algeria, Egypt, Jordan, Morocco and Yemen. Focusing on the promotion of restorative justice approaches, the programme aims to strengthen the capacity of criminal justice stakeholders, build regional networks and improve relevant legislation.

In Romania and Bulgaria, PRI is implementing a programme to ensure the equal treatment in the justice system of Roma, children under the protection of the state and young people at risk of drug abuse who are serving prison terms.

In Russia and Ukraine, PRI is working to improve the treatment and living conditions of children in places of detention by improving relevant legislation relating to rehabilitation and social re-integration.

In the South Caucasus region, PRI has provided materials and expert support to NGOs working with young probationers. This is enabling young people on probation to receive personal development and skills training, as well as assistance in returning to education or finding employment.

PRI resources and publications

Human rights and vulnerable prisoners training manual no.1

Protecting the rights of children in conflict with the law: programme and advocacy experiences from member organisations of the Inter-agency Coordination Panel on Juvenile Justice

10 Point Plan for Juvenile Justice

Developing Alternatives to Detention for Juveniles in Romania

A Report of Three Conferences on Juvenile Justice in Nigeria  

As part of the Middle East and North Africa Programme, PRI has produced an Arabic website to promote children’s rights and juvenile justice: www.nour-atfal.org (Arabic).

1. UNICEF (2006) Children in conflict with the law: Child Protection information sheet.
2. Anyone under the age of 18 who comes into contact with the justice system as a result of being suspected or accused of committing an offence.