Prison is not for Kids; Children in conflict with the law: what is done, but rarely told.

• Author: Musiani, Francesca

MORE THAN 1 MILLION CHILDREN worldwide are living in detention as a result of being in a position of conflict with the law, without access to a fair judicial process or legal representation. This occurs despite numerous protective treaties and conventions, such as the Convention on the Rights of the Child, which states that every child is not to be deprived of his or her liberty "unlawfully and arbitrarily".

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Stories of these children are often untold, unwanted, forgotten--and sometimes even unknown. Defence for Children International (DCI), an independent non-governmental organization working to promote and protect children's rights, defines the situations as "horrifying, unacceptable, irresponsible, degrading and even inhuman". The situation of children in prison started receiving more attention in 1989, when the Convention on the Rights of the Child was adopted by the United Nations General Assembly. In most cases, however, it is still a silent issue that hardly makes the media spotlight.

The United Nations Children's Fund (UNICEF), the Human Rights Watch (HRW), DCI and other relevant organizations have worked in recent years to try to unveil this reality and make the rights of children in conflict with the law, or those imprisoned without sufficient cause, a top priority for decision-makers. While they emphasize that international standards do exist, they also claim that strong action is necessary to successfully implement such standards into the national legal and judicial systems.

The 1989 Convention on the Rights of the Child and the 1990 United Nations Rules for the Protection of Juveniles Deprived of their Liberty provide a framework for children's rights, vis-a-vis the law. The imprisonment of a child is to be used "only as a measure of last resort and for the shortest appropriate period of time", while the convicted child "shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age", the Convention states. The right to have access to legal or other assistance and to challenge the legality of imprisonment in front of any appropriate authority is also emphasized. However, in spite of these clear statements, the standards set by the Convention are constantly violated.

The work of Governments and the justice systems, supported by children's rights organizations, should focus on two priorities: the current...