Monitoring violence against children in detention – a safeguarding blindspot?

It is estimated that more than 10,000 children are held in criminal justice-related detention in Europe. Globally, the number of children deprived of their liberty in either prison or pre-trial detention facilities ranged between 160,000 and 250,000 on any given day in 2018. The safety of these children is paramount, including protection from physical or mental violence. 

In this expert blog, Silvia Randazzo, independent researcher and child rights expert, sets out some of the main trends and challenges in monitoring the safety of imprisoned children, as found in an EU-wide study conducted for PRI and partners within our Data MOSAIC project.

Violence against children (VAC) is endemic across countries and settings: family, school, care, migration, the online environment, among peer groups, and – the topic of this blog – in criminal justice systems. “Children’s vulnerability to violence has continued to be exacerbated worldwide by multiple and overlapping crises. With risks being magnified and responses failing to meet the scale of the challenge, the world is not on track to keep the promise made under the 2030 Agenda to end all forms of violence against children. The impact of violence is devastating, immediate and lifelong. It impairs children’s brain development, their physical and mental health and their ability to learn. In addition to the human cost, the economic costs are staggering”. This is how the Special Representative of the UN Secretary-General on Violence against Children opens her 2023 Annual Report, reiterating the wealth of research on the topic.  

Data available on the extent of VAC are alarming, even more so if we take into account that they are in most cases conservative estimates, and that the lack of consistent and comprehensive data and data collection systems is significant.

It is estimated that globally up to 1 billion children are subject to violence each year. VAC exerts a profound and enduring impact on the health and wellbeing of children.

Their brain function, mental well-being, health-risk behaviours, the incidence of certain diseases such as HIV and sexually transmitted diseases, and their overall social functioning can all be impacted. The substantial economic costs stemming from these consequences, whether direct or indirect, significantly hinder the potential of both individuals and societies. 

One of the main limitations inherent in any attempt to collect data about VAC – in all settings – is the estimation of very large number of children who are not able or do not want or feel safe to report their experience of victimisation. The criminal justice system and detention settings particularly bring additional complexity and challenges to monitoring and collecting data, including lack of trust towards the authorities as well as lack of awareness among detained children about the tools and the mechanisms in place to which they can refer their experiences.   

But focusing on this issue is critical, not least because children in criminal justice-related detention are highly vulnerable to violence for a number of reasons, including the fact that in closed institutions violence can become ‘acceptable’, ‘normalised’, or seen as a way to tackle conflicts and to maintain discipline.

When children find themselves deprived of their liberty, they are in a profoundly vulnerable state and frequently experience systemic mistreatment, abuse, violence, ill-treatment, torture, and sexual exploitation.

This alarming situation is corroborated by the testimonies of young individuals who have participated in various studies across different regions of the globe. Additionally, in numerous countries, issues like suicide and self-harm are serious concerns among children deprived of their liberty, often stemming from or exacerbated by instances of bullying and peer pressure. 

Recognition of the risks to which children in detention are subject to, including the risk of violence, has grown in the past couple of decades, and awareness has been raised since the World Report on Violence against Children, led in 2006 by the independent expert Paulo Sérgio Pinheiro, which for the first time included a focus on children in criminal justice institutions. Following this, in 2019 The UN Global Study on Children deprived of their liberty included detailed data about children deprived of their liberty across all settings, including in the context of the administration of justice. While the study also covered the impact of deprivation of liberty on the health of children, it did not specifically include data on VAC or data collection mechanisms around VAC.

Therefore, under the Data MOSAIC project, PRI and partners are joining the global effort to eliminate all forms of VAC by mapping current data collection and monitoring practices by child justice systems in the EU and facilitating more comprehensive, comparable and human rights-based data systems that are sensitive to all forms of violence and the different experiences of imprisoned children. 

Addressing a blind spot: violence against children in European detention facilities

Despite the evidence that children in detention settings experience higher levels of violence than children in the community, data is scarce – including in Europe.

There is little information on the actual extent of violence against children in detention. 

Data is limited on the characteristics of the children involved – both as victims and perpetrators of violence – on the specific characteristics and forms that violence takes, and the way different forms of violence are prevented, addressed and responded to.

The objective of the European research in the framework of the Data MOSAIC project is to contribute to addressing this gap and to take a step toward better safeguarding of children against violence during detention in the administration of criminal justice by mapping and assessing current monitoring and data collection practices, identifying promising practices to learn from and helping facilities address identified gaps through the development of a new tool and guidance.  

Shedding a light on the complexities in monitoring violence against children in detention across the EU 

Through a deep-dive into the state-of-play in child detention facilities across the EU, which included widespread consultation with international and national experts from the child justice and penitentiary systems from the 27 EU member states, several key findings have emerged, underscoring the need for both further analysis and more comprehensive strategies for tackling all forms of VAC in detention. 

1. Violence against children in detention is not a one-dimensional problem: rather, it is a multifaceted issue that encompasses various forms of abuse, both physical and psychological, committed by several actors in several different circumstances. Understanding the full extent of this complexity is crucial for addressing the problem effectively.

2. Multiple perspectives paint a fuller picture: to gain a comprehensive understanding of the situation, it is evident that different actors and institutions can and need to offer distinct perspectives, helping to piece together the complete picture of violence against children in detention and on data collection and monitoring mechanisms. 

3. Intersections between protection and justice need to be optimised: as a matter of fact, in each EU country system, numerous actors, bodies, and institutions are involved in monitoring, collecting data and responding to violence against children in detention. This creates a unique opportunity where the child protection system – which includes services across the welfare and the health sectors – and the justice system intersect. Navigating these intersections effectively is essential to ensuring that the rights and safety of these children are upheld.

4. Scattered knowledge and awareness prevents comprehensive monitoring and data collection on VAC in detention: Despite the existence of specific roles dedicated to child protection – in broad terms – and protection of children in the justice system, including as, an example, lawyers and ombudspersons, the research so far has revealed a surprising lack of widespread awareness among professionals regarding the mechanisms of monitoring and data collection of violence against children in detention. This is a concerning gap, as all individuals working with children in the criminal justice system – and in detention in particular – should be aware of the risks these children are subject to and play a crucial role in advocating for and protecting their rights, also working on create the necessary safe space to report victimisation experiences.

5. Rare explicit and targeted reference to the detention setting is provided in international efforts to fight VAC: Perhaps most concerning is the inconsistent, explicit reference to children in detention in official documents, strategies, and discourses related to violence against children. This lack of recognition raises questions about the visibility of this issue in political and legal contexts. While it is often mentioned as one of the settings included in the definitions and strategies proposed, it is rare to find specific indicators and strategies that target violence in such a context.

These findings reiterate the need for bold and concerted efforts to not only acknowledge and understand the complexities of violence against children in detention but also to address the gaps in knowledge, awareness (including at policy-making level) and data collection.

Only by understanding the full scope of this problem and working collaboratively can we hope to create a safer and more secure environment for all children who find themselves in criminal justice detention. 

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This blog is the first in a series highlighting key takeaways from the European mapping study. In the upcoming second part, Ms. Randazzo will lay out research findings in further detail, diving into specific practices, challenges and improvement opportunities.