Definitions and notes on terminology For the purposes of this project, it was agreed that the term “custody” refers to locked settings where children and young people are held after being arrested, charged, convicted or sentenced for a criminal offence. “Violence” means all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment or exploitation. This definition is taken from Article 19 of the United Nations Convention on the Rights of the Child, and was adopted by the UN Global Study on Violence against Children. Where the term “young people” is used in this report, it refers to the participants in the research, all of whom were 22 or under. The majority of the interviewees were under the age of 18 at the time of the research. All of the participants had direct experience of custody when under 18. Where the term “staff” is used in this report, it refers to prison wardens/guards or police officers. It does not refer to other people who are working in custodial settings such as social workers, psychologists or teachers. Each project partner formed a “Young Investigation Team” (YIT). A group of young people with direct experience of custody who were trained and supported to conduct the research. YIT members also helped to draft the research findings and the recommendations for action.
Contents 1. Executive summary 4 2. Introduction 8 2.1 Background 9 2.2 The project
9
2.3 Demographic information 13 3. International and European frameworks governing violence against children in custody
14
3.1 International human rights treaties and monitoring bodies
15
3.2 European human rights treaties 21 and monitoring bodies 4. Key findings: Ending violence against children in custody
24
4.1 What is violence?
25
4.2 Violence between young people in custody 27 4.3 Violence in custody between staff and 33 young people 4.4 Responses to violence in custody 38 4.5 If you were in charge… 44 5. Recommendations from children and 50 young people 6. Conclusions and recommendations 53 7. Partner organisations 56 Annex A: Guiding principles for engaging 60 children and young people in the Ending violence against children in custody project Annex B: Ending violence against children in 61 custody – Focus group discussion/ interview schedule
ENDING VIOLENCE AGAINST CHILDREN IN CUSTODY
PAGE 3