Child Deprivation of Liberty and the Role of the Council of Europe

Jensdottir, R.; Beattie, T.

Abstract

This article underlines the relevance of the Council of Europe’s acquis in relation to solution-seeking for some of the challenges identified in the UN Special Rapporteur’s report on torture and ill-treatment of children deprived of liberty. As a regional organization, the Council of Europe is ideally placed to concretize and take further international standards at the European level, and it has been at the forefront of work on child-friendly justice and (sexual) violence against children in all settings, including within institutions. Its significant legislative, political, monitoring and reporting powers make it ideal for generating legislative and policy changes, the collection and analysis of data and research and for supporting States in upholding human rights standards which are applicable to children as rights bearers. The Council of Europe standards, meanwhile, can have real “bite” in the light of enforcement mechanisms such as the European Court of Human Rights. Likewise, it has the capacity to interact with and stir political awareness of critical issues through the work of its institutions. Finally, its cooperation and mainstreaming efforts ensure focused and coordinated action, and are particularly strengthened by the new Strategy for the Rights of the Child (2016-21).

Citation

Jensdottir, R., & Beattie, T. (2017). Child Deprivation of Liberty and the Role of the Council of Europe. In Children Deprived of Liberty and Applicable Legal Frameworks: A Global Solution for a Global Problem (81-108). The American University Washington College of Law Center for Human Rights & Humanitarian Law Anti-Torture Initiative

• Publication Date: 2017
• Deposit Date: Nov 17, 2016
• Pages: 81-108
• Book Title: Children Deprived of Liberty and Applicable Legal Frameworks: A Global Solution for a Global Problem
• Public URL: https://durham-repository.worktribe.com/output/1641116
• Publisher URL: http://antitorture.org/wp-content/uploads/2017/03/Protecting_Children_From_Torture_in_Detention.pdf
• Contract Date: Oct 27, 2016