1 Models of Detention for Children Dr Ursula Kilkelly Senior Lecturer in Law University College Cork

2 Rights-Based Approach Using international children’s rights standards Convention on the Rights of the Child General Comment of the CRC Havana Rules Beijing Rules Council of Europe Prison Rules Based on best practice and child-focused Holistic approach viewing children together with their families and their communities

3 Use of Detention Detention as a last resort and for the shortest appropriate period of time - meaning? Applicable to all forms of detention: On conviction On remand For treatment/assessment purposes. How can it be achieved? Sentencing principles - S 96 Children Act 2001 Alternatives to detention – community sanctions Bail schemes.

4 Physical Environment Detention facilities should be small, decentralised and integrated into the community Design should meet the needs of young people re space and facilities Possession of personal effects is integral to the right to privacy and well-being Private accommodation with supervision

5 Advocacy, Inspection and Complaints Inspections should be comprehensive, enjoy full access and be undertaken by qualified independent inspectors Children should be able to meet privately with inspectors Right to independent complaints mechanism and assistance in making complaints Child’s right to accessible information and to a say Independent advocates may be required to support the child.

6 Return to the Community Benefit from programmes designed to assist their return to society, family and school/work Services should reach-in to the detention centre to establish links with young people and reach-out to them after they leave Funded re-integration programmes Importance of contact with family, friends, the community, the world - temporary release and overnight family visits necessary to prepare for return.

7 Issues for Discussion Children’s rights and victim’s rights The role of the community Implementation of advocacy services: how? 16 and 17 year olds: what next?