Presentation on theme: "Ending violence against children in custody"— Presentation transcript:
1Ending violence against children in custody Headline findings from research with children and young peopleCarla GarnelasHead of Policy and Public AffairsChildren’s Rights Alliance for EnglandTalar TorossianYoung InvestigatorCyprus
2This presentation... Introduction to the project Methodology Headline findings and recommendationsNext stepsTalar’s experiences as a young investigatorAny questions?
3About the projectFunded by the European Commission’s DAPHNE III fund (all content is sole responsibility of partners)Coordinated by Children’s Rights Alliance for England (CRAE)Five partner organisations:Austria Ludwig Boltzman InstituteBelgium International Juvenile Justice ObservatoryCyprus Children’s Commissioner for CyprusThe Netherlands Defence for Children International-ECPATRomania Save the Children Romania
4This project aims to support and empower children and young people with direct experience of custody to campaign for violence-free custodial settings. It is focused on the direct testimonies of children and young people with experience of custody and provides a platform for them to campaign for change.
5United Nations Study on Violence against Children (2006) BackgroundDespite the existence of a comprehensive international framework, pan-European regulations and domestic legislation in EU Member States there is significant evidence to suggest that children are regularly subject to violence within custodial settings.Violence against children while in justice institutions… is more common than violence against children placed in institutions solely for the provision of care. Although there are many overlaps and similarities… the institutional treatment of children regarded as being anti-social or criminal is likely to be more physically and psychologically punitive that that of other groups or in other environments.United Nations Study on Violence against Children (2006)
6Aims and objectivesThe Ending Violence against Children in Custody project aims to make progress towards ending violence against children and young people in custody through:Carrying out legal and policy analysisSupporting children and young people to conduct research with children and young people with experience of custody and seek their views on how violence in custody can be endedSupporting children and young people with experience of custody to campaign for changeInfluencing decision-makers and the custodial workforce.
7The project is based on the definition of violence found in Article 19 of the United Nations Convention on the Rights of the Child which guarantees every child the right to protection from physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.
8Project timelineResearch phase: desk-based legal analysis of the rules governing custody and interviews with children and young peopleCampaigning phase: young people develop their own campaigns based on the recommendations from their research.Currently finalising consolidated investigation report – highlighting pan-European findings and common recommendationsFive partners in campaign phase, working with young campaigners
9Methodology: Desk-based legal analysis All partners conducted a desk-based study of law, policy and practice into:The use of forceViolence against children in custodyMechanisms for access to justiceIJJO conducted a study of law and policy at international and European level relating to children in custody and violence against children in custody
10Methodology: Research with children and young people Five partner organisations recruit up to ten Young Investigators to form Young Investigation Team (YIT)YIT members trained in research skills, have input into final interview questions and supported to carry out interviews with children and young people with direct experience of custody. Some interviews conducted in custody, some in the communityYIT members involved in drafting final report including recommendations.
11Challenges in research phase Different juvenile justice systems across the partner countriesLimited pool of young people with direct experience of custodyRecruiting/maintaining contact with young peopleDifficulties in gaining access to custodial settingsNot able to carry out research in all settings – impact on findingsWould have liked longer to build up relationships with participants in focus groupsDifferent juvenile justice systems across the partner countries – different ages (of criminal responsibility), different rules governing when, why and how a young person should be locked up and different types of institutions. Differences to the extent to which there is a distinct system for children, or whether young people are generally part of the main youth justice system and held with adults.Limited pool of young people with direct experience of custody – it was agreed between partners that we would extend the age up to 22 as long as the young people had experience of custody when under-18.Recruiting/maintaining contact with young people – needing to be creative and needing to work around and be aware of young people’s circumstances, many of the partners had trouble contacting the young people – meetings had to be rescheduled several times, young people have quite chaotic lives- Netherlands – recruited using facebook and a Dutch social networking site: very successful in terms of getting interest from young people- Cyprus – Children’s Commissioner contacted children and young people who had made a complaint to the Office of the Children’s Commissioner whilst in custody to inform them about the project- England and Austria: YIT members recruited from young people living in custodial settings and supported to interview peersDifficulties in gaining access to custodial settings- differing levels of support from authorities – lengthy waits to get permission, interviews often postponed/cancelled (all partners)- restrictions from custodial settings in terms of external young people coming into conduct interviews and many settings wanting staff to be present during interviews (this was particular issue in England)Not able to carry out research in all settings – impact on findings: acknowledge that we only spoke to a small sample of young people and were not able to get access to all custodial settings. Example: in England we mainly spoke to young people with experience of being in a secure children’s home – these settings are probably the best (most positive) in terms of violence, so certainly need to think about this when presenting findingsPerhaps needed more time to set up interviews, work with young people and explain what project was about- In some countries there was resistance from parents to their children participating in the interviews (Cyprus)Limited pool of young people with direct experience of custodyRecruiting young peopleNot able to carry out research in all settings – impact on findings in terms of how representative findings are
12Demographics120 children and young people were involved in the research phase of the Ending Violence against Children in Custody project across the five European countries21 young people as members of Young Investigation Teams:Gender: 15 Male, 7 FemaleAge: years-old99 young people as participants in focus group interviews or 1:1 interviews:Gender: 90 male, 9 femaleAge: years-old
13Interview settingsAustria: interviews in a juvenile detention centre and in pre-trial custodyCyprus: interviews in the community with young people who had previously been in custody and in prison with young people currently serving a custodial sentenceEngland: interviews in Secure Children’s Homes, a Young Offender Institute and in the community with young people who had previously been in custodyNetherlands: interviews in three youth custodial institutionsRomania: interviews took place in a re-education centre, a juvenile prison and a prison-hospital.
14Research questionsQuestions agreed by all partners and used in all focus groups/1:1 interviews15 questions including:How do they define violence?When does violence occur in custody?How do people respond to violence in custody?Messages to people in charge.
15What is violence? Violence is an abuse of power Violence includes a range of physical actsViolence can also be verbal or emotionalBullying and racism can be forms of violenceGrowing up with violence makes it “normal” for some young peopleSome children and young people regard punishments in custody as forms of violence: for example solitary confinement or basement imprisonmentParticipants in all of the interviews were asked what they considered by the term “violence”. In the majority of the interviews across the five partner countries, the interviewees defined violence as acts that involved physical force and described the range of forms that physical violence could take. When asked to define “violence”, interviewees in Romania explicitly said that violence was an abuse of power. They said that they thought that violence was the intentional use of physical force or power against another person that results in, or is likely to result in injury, death, psychological harm or deprivation. In Cyprus, interviewees defined violence as physical force and degrading behaviour. Some of the interviewees in the Netherlands found it hard to provide a single definition of violence and disagreed on what they considered by the term, however there appeared to be general agreement that violence often included physical acts.Many of the young people also stated that violence could take other forms such as verbal and emotional violence and several said that they explicitly considered bullying to be form of violence. Some young people also considered racism to be a form of violence. In England, several interviewees said that they felt that police officers often employed racist bullying as a means of threatening and humiliating young people. A number of interviewees said that violence often felt “normal” as it was something they had grown up with – others did not agree with this position and felt that just because a person had grown up in a violent environment, violence was not “normal”.
16Experiences of violence Violence happens between young people and between young people and staff – young people talked about both kinds of experiencesViolence is a common experience in custodyThere is a difference between violence in custody and violence outside – inside it is much harder to avoid, can’t get away from itViolence is caused by a range of factors including: people trying to assert their status and gain respect over other young people, anger, frustration, boredom, external gang conflicts, putting lots of young people together in a confined space, staff goading young people, unhappiness at being locked up, the crime a young person has committed (particular issue for sex offenders)Violence can escalate quickly in custodial settingsChildren and young people were particularly concerned by the use of force used by police in police vehicles, stations and cells and said that it was often worse than the force used by staff in custodial settings
17Responses to violenceStaff often intervene to stop violence and sometimes use force to do soStaff can sometimes intervene too quickly and with excessive forceStaff sometimes do not intervene and let fights continueYoung people often step in to calm a situation down – this can be very effectiveLevels of violence and the use of force by staff differs depending on the institutionYoung people do not think that talking to staff about violence will change anything (and can be considered “snitching”)The complaints system is not effectiveIndividual young person-staff relationship is critical
18Messages to people in charge Take time to listen to young people and find out what has happened in their livesStop violence by talking to children and young peopleStaff should be able to relate to young people and work with them wellPositive relationships between staff and young people are critical and can help to reduce violenceBring in external people (ex-offenders) as role models that young people can relate to
19Common recommendations YIT members drafted recommendations for how to reduce violence in custody based on research findings. There were many common themes across the five country reports:Create a distinct, child –focused, youth justice system for children and young peopleQualities of staff working in custodial settingsMore positive activities in custodial settingsBetter mediation and methods of resolving conflictsPolice behaviour and the need for regulation
20A distinct system for children and young people Create safe, distinct and specialised prison facilities for children in conflict with the law (Cyprus)Find an alternative to prison for young people as it makes young people more violent and does not rehabilitate them (Austria)Reduce/eliminate the use of certain kinds of punishments and introduce very strict rules to regulate the use of force by staff (England, the Netherlands)Judges should think carefully about whether the sentences they are giving are appropriate, consider whether prison is right for that young person and take into account their circumstances, backgrounds and needs. (Cyprus, England, the Netherlands)
21Employ people we can relate to We want former prisoners to visit and talk to the young people - people with similar backgrounds and experiences to “us” as external mentors(Austria,, England)Employ people who like children and young people and can relate to them (England,Cyprus )There must be specialised procedures for the selection of staff, screen staff properly (Cyprus, the Netherlands)Staff should have training on children’s rights, they could be trained by young people on how to respond to situations effectively (Cyprus, England)Staff need to develop positive relationships, based on trust with young people (the Netherlands, England)Be interested in the young person not their crime – don’t judge them (the Netherlands, England)
22We need more to doBe pro-active, keep us busy and run lots of positive activities – this will reduce feelings of frustration and boredom (England)More sport and physical activity will calm people down and release pressure, we need more time out of our cells (Austria, Romania)Better quality and more useful education and vocational training with a greater range of activities on offer (Cyprus, Romania)
23Better mediation and resolution of conflict There needs to be more effective mediation between young people (Romania)Introduce more effective complaints mechanisms that young people can have faith in (Cyprus, the Netherlands)Talking should always be the first method of trying to calm down a violent incident – violence should be a last resort (England)Create opportunities for young people and staff to meet regularly to discuss problems and think about how to resolve them (Austria)
24Challenge police behaviour Need video surveillance of police to make them more accountable and regulate the way they behave when they come into contact with young people – CCTV with sound in police stations and vehicles (England, Romania)Police officers should be recruited who are child friendly and sensitive to issues related to children in conflict with the law. They should have specific training on children’s rights (Cyprus)More effective complaints mechanisms (Cyprus)
25Next steps Publication of consolidated investigation report Campaigning activity in five partner countriesCountry campaign reportsConsolidated campaign reportChildren and young people’s versions of the investigation and campaign reportProject end: 1 Feb 2013
26Find out more...All reports will be available on the project website: Contact Carla Garnelas