{"id":7145,"date":"2012-05-22T06:24:45","date_gmt":"2012-05-22T13:24:45","guid":{"rendered":"http:\/\/humanium.org\/en\/?page_id=7145"},"modified":"2025-12-06T16:22:34","modified_gmt":"2025-12-06T16:22:34","slug":"detained-children","status":"publish","type":"page","link":"https:\/\/www.humanium.org\/en\/detained-children\/","title":{"rendered":"Detained Children"},"content":{"rendered":"\n

Many children are regularly deprived of their freedom throughout the world. This widespread issue reflects a range of social, political, and humanitarian challenges, with an estimated 1 million children detained annually in various settings including immigration detention centers, juvenile justice facilities, and during wartime. The significant number of detained children points to the urgent need for heightened awareness and concerted efforts towards safeguarding the rights and well-being of these vulnerable youths.<\/strong><\/p>\n\n\n\n

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Forms and causes of child detention<\/strong><\/h2>\n\n\n\n

The loss of freedom for minors can stem from various factors, many of which are influenced by national regulations and legal frameworks. However, some reasons are more prevalent compared to others.<\/p>\n\n\n\n

Juvenile delinquency<\/h3>\n\n\n\n

Juvenile delinquency, or the risk thereof, is a common reason for minors’ involvement in the criminal justice system, leading to detention or incarceration in juvenile facilities. Additionally, minors may be detained or confined due to their involvement in criminal activities, ranging from minor offenses to severe crimes like homicide. <\/p>\n\n\n\n

Depending on the country in question, the minimum age of criminal responsibility varies. For example, in Belgium<\/a>, children as old as twelve can be held criminally responsible and therefore detained in suitable institutions, while the age limit for the same in the Czech Republic<\/a> is fifteen (Child Rights International Network, 2019).<\/p>\n\n\n\n

Immigration-related confinement<\/h3>\n\n\n\n

Immigration-related confinement is another significant factor, particularly in regions experiencing high levels of migration, where minors may be detained while awaiting immigration proceedings or deportation. In addition to the detainment itself and the previous trauma often caused by the migration path itself, the children held in the immigration-related confinement are usually separated from their families, adding to an already psychologically damaging situation (Pearson, 2023).<\/p>\n\n\n\n

Accompanying incarcerated caregivers<\/h3>\n\n\n\n

Minors may also be detained due to accompanying incarcerated guardians, such as parents or relatives, whose detention affects the living arrangements and care arrangements for dependent children. The duration and living conditions of their confinement vary widely from one country to another. <\/p>\n\n\n\n

For instance, Cuba<\/a> allows children to stay in prison with their caregiver only until the age of one. Similarly, countries such as Ethiopia<\/a>, Nigeria<\/a>, Japan<\/a>, and South Korea<\/a> permit children to reside in prison until they are eighteen months old. However, there are also countries such as Cambodia<\/a>, Fiji, Mexico<\/a>, and Turkey<\/a> that allow children to remain in prison until age six.<\/p>\n\n\n\n

Other reasons for detention<\/h3>\n\n\n\n

Physical or mental disabilities can lead to minors being confined in specialized facilities or treatment centers. State-driven protective measures, intended to safeguard minors from harm or exploitation, may also result in their confinement, albeit with the intention of ensuring their welfare. Furthermore, discrimination based on ethnicity<\/a>, religion<\/a>, or socioeconomic<\/a> status may lead to disproportionate rates of detention or confinement among certain groups of minors, highlighting systemic inequities within the justice system. <\/p>\n\n\n\n

The global situation in numbers <\/strong><\/h2>\n\n\n\n

In individual countries, the reasons for detaining children can vary significantly, reflecting diverse legal, social, and political contexts. For example, in the United States<\/a>, thousands of children are detained annually in juvenile justice facilities for various reasons, including involvement in criminal activities or awaiting trial. In fact, over 43,000 juveniles were held in residential placement facilities on any given day in 2019 (OJJDP, 2022). <\/p>\n\n\n\n

On the other hand, based on a comparison of 82 countries in 2015, Brazil<\/a> positioned itself as the country with the highest number of juveniles held in prisons or penal or correctional institutions, with 23,725 individuals, followed by China<\/a>, Thailand<\/a>, and the abovementioned United States<\/a> (Helgi Library, 2018).<\/p>\n\n\n\n

Similarly, immigration-related detention of children is a prevalent issue in well-developed areas of the world, such as the United States and Europe, where migrant children are often detained in detention centers while awaiting immigration proceedings or deportation. In 2023, the average number of minors in illegal immigration-related detention in the US was around 10.000 (US Department of Health and Human Services, 2023). Moreover, the UN, based on the data gathered from 38 European <\/a>countries, found that immigration detention of children takes place in at least 27 countries in the OSCE region (OSCE, 2022).<\/p>\n\n\n\n

War detention is also worth mentioning in this context, as, for example, in 2023 in Iraq<\/a>, around 1000 children were held in detention on national security-related charges, including actual or alleged association with armed groups (ReliefWeb, 2023).<\/p>\n\n\n\n

What can be seen from these examples is that the issue of detained children is a global problem present in countries regardless of their socio-economic statuses. As such, it raises concerns about human rights violations and the long-term psychological effects on these vulnerable individuals. <\/p>\n\n\n\n

Harmful effects of the isolation <\/strong><\/h2>\n\n\n\n

Regardless of the circumstances, the detention of children can lead to severe and wide-ranging impacts on their well-being and development. Incarcerated youth face an increased risk of violence, abuse, and exploitation, affecting their future prospects and perpetuating cycles of social marginalization.  As an illustration, minors are five times more likely to be sexually<\/a> assaulted in adult detention facilities and are 36 times more likely to commit suicide<\/a> if housed in an adult jail or prison (Kraut, n.d.). Limited access to education<\/a>, healthcare<\/a>, and social support further impedes their ability to rehabilitate and reintegrate into society, perpetuating cycles of recidivism and social marginalization.<\/p>\n\n\n

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In the case of migration detention, children are often subjected to prolonged periods of confinement in facilities designed for adults, leading to psychological distress, anxiety, and trauma<\/a>. These children are at high risk of abuse<\/a> and neglect. Separation from family members and uncertainty about their future exacerbate these challenges, leaving lasting scars on the mental and emotional health of detained children but also often leaving them unable to advocate for their fundamental human rights (Parliamentary Assembly of the Council of Europe, 2016).<\/p>\n\n\n\n

Detaining children under special circumstances<\/strong><\/h2>\n\n\n\n

Children detained alongside incarcerated caregivers face compounded challenges, including disruptions in caregiving, loss of familial support, and unstable living arrangements. These issues amplify the severe psychological impacts of detention, affecting their emotional stability and development.<\/p>\n\n\n\n

In wartime scenarios, children are often detained under harsh and arbitrary conditions. They may be held with little or no evidence, sometimes subjected to torture or other cruel treatments to force confessions. Recognized under international law primarily as victims requiring rehabilitation and social reintegration, these children endure conditions that underscore the need for protective interventions.<\/p>\n\n\n\n

Keeping children with mental and\/or physical impairment<\/a> confined in institutions can isolate them from society and limit their opportunities for social interaction and integration. These children may experience a lack of personalized care and support tailored to their specific needs, hindering their development and well-being. <\/p>\n\n\n\n

Moreover, the institutional environment can exacerbate existing mental health issues and contribute to feelings of alienation and distress<\/a> among vulnerable children. Finally, it needs to be mentioned that the odds of abuse<\/a> are increased when an individual with special needs is placed in a group home or other communal environment (Mattie, n.d.). <\/p>\n\n\n\n

How to make a difference for detained children<\/strong><\/h2>\n\n\n\n

Governments play a crucial role in reforming policies and legal frameworks to prioritize the rights<\/a> and well-being of children in different forms of detention. This involves implementing alternatives to detention, such as community-based programs and diversionary measures, focusing on rehabilitation and reintegration rather than punishment and administration, not only when it comes to juvenile crime but also migration detention. <\/p>\n\n\n\n

Governments should also ensure adequate funding and resources for juvenile justice systems, immigration agencies, and social services to effectively support detained children. This extends to allocating funds to institutions, organizations, and individuals working with physically and mentally impaired<\/a> minors in order to enable a more individual and integration-centered approach.<\/p>\n\n\n\n

Collaboration between governments and NGOs can address the root causes of child detention and promote the adoption of best practices that prioritize children’s rights and well-being.NGOs can offer legal assistance, psychosocial support, and educational<\/a> programs to children in detention, helping to mitigate the negative impacts<\/a> of confinement. Additionally, they can conduct research and raise awareness about the issues surrounding children’s detention, pushing for policy reforms and systemic changes at both national and international levels. <\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

At the individual level, there are several ways people can contribute to improving the situation of detained children. This includes volunteering with NGOs that work directly with detained children, offering mentorship and support, or advocating for policy changes within their communities and social networks. Individuals can also educate themselves and others about the realities of child detention, challenging stigma<\/a> and misconceptions that perpetuate these harmful practices.<\/p>\n\n\n\n

Written by Zeljka Mazinjanin<\/strong><\/em><\/p>\n\n\n\n

Internally proofread by Aditi Partha <\/strong><\/em><\/p>\n\n\n\n

Last updated on May 13, 2024<\/strong><\/em><\/p>\n\n\n\n

Bibliography:<\/strong><\/h4>\n\n\n\n

Child Rights International Network (2019),  Minimum Ages Of Criminal Responsibility In Europe. Retrieved from Child Rights International Network, available at https:\/\/archive.crin.org\/en\/home\/ages\/europe.html<\/a>, accessed on April 17, 2024.<\/p>\n\n\n\n

Helgi Library (2018), Which Country Has the Most Juveniles Held in Prisons? Retrieved from Helgi Library, available at https:\/\/www.helgilibrary.com\/charts\/which-country-has-the-most-juveniles-held-in-prisons\/<\/a>, accessed on April 17, 2024.<\/p>\n\n\n\n

Kraut Michael E.(n.d.), Minors in Prison. Retrieved from Child Crime Prevention & Safety Center, available at https:\/\/childsafety.losangelescriminallawyer.pro\/minors-in-prison.html<\/a>, accessed on April 18, 2024.<\/p>\n\n\n\n

Mattie Jessica I. (n.d.), Abuse of Special Needs Children. Retrieved from NALA, available at https:\/\/nala.org\/abuse-of-special-needs-children\/<\/a>, accessed on April 18, 2024.<\/p>\n\n\n\n

OJJDP (2022), Juveniles in Residential Placement, 2019. Retrieved from Office of Juvenile Justice and Delinquency Prevention, available at https:\/\/ojjdp.ojp.gov\/library\/publications\/juveniles-residential-placement-2019, accessed on  April 17, 2024.<\/p>\n\n\n\n

OSCE (2022), Immigration detention is never in the best interest of children and must end, OSCE human rights head says. Retrieved from OSCE, available at https:\/\/www.osce.org\/odihr\/535056<\/a>, accessed on April 17, 2024.<\/p>\n\n\n\n

Parliamentary Assembly of the Council of Europe (2016), End Immigration Detention of Children. Retrieved from Parliamentary Assembly of the Council of Europe, available at https:\/\/pace.coe.int\/en\/pages\/campaign-detention-children<\/a>, accessed on April 18, 2024.<\/p>\n\n\n\n

Pearson Caden (2023),  Judge Bans Separating Illegal Immigrant Families at US Southern Border for 8 Years. Retrieved from The Epoch Times, available at <\/p>\n\n\n\n

,https:\/\/www.theepochtimes.com\/us\/judge-bans-separating-illegal-immigrant-families-at-us-southern-border-for-8-years-5544113?utm_medium=GoogleAds&utm_source=google_news_s-report&utm_term=reg_email6&utm_campaign=reg_news_s-report_0417_climate_change&gclid=CjwKCAjwrIixBhBbEiwACEqDJQLMqtmG3lLyNzsWstbMc2WHJakXSbL6QMwDI1BL9mxGeTK1516mrxoCZ8AQAvD_BwE<\/a>, accessed on April 17, 2024.<\/p>\n\n\n\n

ReliefWeb (2023), Children and Armed Conflict Monthly Update – August 2023. Retrieved from ReliefWeb, available at https:\/\/reliefweb.int\/report\/iraq\/children-and-armed-conflict-monthly-update-august-2023<\/a>, accessed on April 17, 2024.<\/p>\n\n\n\n

ReliefWeb (2019),  Military Detention of Children in Armed Conflict: The Role of Handover Protocols in Protecting Children\u2019s Rights. Retrieved from ReliefWeb, available at https:\/\/reliefweb.int\/report\/world<\/a>\/<\/a>military-detention-children-armed-conflict-role-handover-protocols-protecting-children<\/a>, accessed on April 18, 2024.<\/p>\n\n\n\n

Unicef (2021), Estimating the number of children deprived of liberty in the Administration of Justice. Retrieved from Unicef, available at https:\/\/www.google.com\/url?sa=j&url=https%3A%2F%2Fdata.unicef.org%2Fwp-content%2Fuploads%2F2021%2F11%2FChildren-in-detention_Estimating-the-number-of-children-deprived-of-liberty_2021.pdf&uct=1706696107&usg=yMX1SNxJsLogf1YilEmokK2chP0.&opi=89978449&ved=2ahUKEwilsuO28MiFAxU97AIHHVXYDHYQwtwHKAB6BAgBEAE<\/a>, <\/strong>accessed on April 17, 2024.<\/p>\n\n\n\n

United Nations (1989),  Convention on the Rights of the Child. Retrieved from United Nations, available at <\/p>\n\n\n\n

https:\/\/www.ohchr.org\/en\/instruments-mechanisms\/instruments\/convention-rights-child<\/a>, accessed on April 19, 2024.<\/p>\n\n\n\n

US Department of Health and Human Services (2023), Latest UC Data \u2013 FY2023. Retrieved from US Department of Health and Human Services, available at https:\/\/www.hhs.gov\/programs\/social-services\/unaccompanied-children\/latest-uc-data-fy2023\/index.htm<\/a>l, accessed on April 17, 2024.<\/p>\n","protected":false},"excerpt":{"rendered":"

Many children are regularly deprived of their freedom throughout the world. This widespread issue reflects a range of social, political, and humanitarian challenges, with an estimated 1 million children detained annually in various settings including immigration detention centers, juvenile justice facilities, and during wartime. 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