punishment on children. Detention of a child must conform with the law and be
used only as a measure of last resort and for the shortest appropriate period of
time. Every child who is detained “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.”
Both solitary confinement and restraint are directly addressed by the CRC in its
General Comment No 10 (2007) on Children’s rights in juvenile justice, where the
CRC reiterates that64:
Restraint or force can be used only when the child poses an imminent
threat of injury to him or herself or others, and only when all other
means of control have been exhausted.
The use of restraint or force, including physical, mechanical and medical
restraints,should be under close and direct control of a medical and/or
psychological professional.
It must never be used as a means of punishment. Staff of the facility
should receive training on the applicable standards and members of the
staff who use restraint or force in violation of the rules and standards
should be punished appropriately;
Any disciplinary measure must be consistent with upholding the
inherent dignity of the juvenile and the fundamental objectives of
institutional care; disciplinary measures in violation of article 37 of CRC
must be strictly forbidden, including corporal punishment, placement
in a dark cell, closed or solitary confinement, or any other punishment
that may compromise the physical or mental health or well-being of the
child concerned.
Persons with disabilities, including mental health issues
The negative effects of solitary confinement are particularly profound for
those with mental health disabilities. Solitary confinement can result in the
exacerbation of an issue, and at an extreme some engage in self-harm and even
suicide.
The principle of ‘reasonable accommodation’ requires detaining agencies to
appropriately modify the procedures and physical facilities of places of detention
64 CRC/C/GC/10, 25 April 2007. (section 89). see for example United Nations Convention on
the Rights of the Child Committee on the Rights of the Child. Concluding observations on the
combined third and fourth periodic reports of Luxembourg, adopted by the Committee at its
sixty-fourth session (16 September–4 October 2013). Vienna: United Nations; October 29, 2013.
Report No.: CRC/C/LUX/CO/3-4
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