Volume 4 No 2
Permanent URI for this collection
Contents
Special focus: Selected developments in the area of children deprived of liberty
Editorial of special focus: Selected developments in the area of children deprived of liberty
by Manu Krishan, Reina-Marie Loader and Imke Steimann
Two sides of the same coin: Contradictory legal and administrative practices towards children in immigration detention centres in Indonesia, Malaysia and Thailand
by Joash Tapiheru, Sophea Try, Shraddha Pokharel and Saittawut Yutthaworakool
Armed conflict and national security depriving children of liberty in the MENA region: Case studies and good practices
by Ahmed Samy Lotf, Charlotte van der Werf, Chiraz Arbi and Reham Jambi
Migrant children and adolescents from North Central America towards Mexico and their deprivation of liberty
by Valentina Agredo, Florencia Botazzi, Natalia Morales and María José Orué
Deinstitutionalisation of children with disabilities: Process, progress and challenges in South-East Europe
by Nikolina Milić, Gresa Rasiti, Esma Latić, Melina Kalem and Muamer Fazlić
Migration related detention of children in Southern Africa: Developments in Angola, Malawi and South Africa
by Girma Gadisa, Opal Sibanda, Kelvin Vries, and Carolyne Rono
Children’s deprivation of liberty as a tool of immigration and national security control in Europe? Unlocking captured childhoods by means of child-centred strategies and non-custodial solutions
by Chiara Altafin, Hugo Balnaves, Noémie Ninnin, Majsa Storbeck and Vassia Voziki
Overview of measures applied to children in conflict with law in post-Soviet countries: non-custodial measures and diversion programmes
by Mariam Muradyan, Aibek Askarbekov, Anna Arushanyan, Maria Koltsova and Salome Abuladze
Article
The 17 October 2019 protests in Lebanon: Perceptions of Lebanese and non-Lebanese residents of Tripoli and surroundings
by Elias Dahrouge, Jihad Nammour, Ahmed Samy Lotf, and 2019-2021 ArMA Programme students (Saint-Joseph University, Beirut, Lebanon)
Recent regional developments
Recent regional developments in human rights and democratisation in South-East Europe during 2019
by Marija Ivanović, Meris Mušanović, Mariola Ceku, Aida Salihović-Gušić and Marjan Icoski
Human rights and democratisation during 2019: The case of Armenia, Georgia and Moldova
by Marina Rakopyan
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ItemGlobal Campus Human Rights Journal, Volume 4 No 2(Global Campus of Human Rights, 2020)This volume of the Global Campus Human Rights Journal consists of three parts. The first part is a ‘Special focus: Selected developments in the area of children’s rights’. This is the second occasion on which the Journal devotes special attention to the rights of children. The special focus is a product of this collaboration between the Global Campus of Human Rights and the Right Livelihood Foundation. In 2019 a cooperation agreement was signed between the Global Campus of Human Rights and the Right Livelihood Foundation. Its purpose is to ‘promote the acknowledgment and observance of human and child rights and to strengthen the participation of children in all matters affecting their lives in the present and in the future’. The Right Livelihood Foundation is a Swedish charity organisation, the mission of which is to honour and support courageous people solving global problems. The Foundation is a politically-independent and nonideological platform for the voices of its Laureates to be heard. The articles in this part are linked to the UN Global Study on Children Deprived of Liberty (2019). In 2020 the ‘Global Classroom 2020’, which was presented virtually due to the COVID-19 pandemic, focused on the UN Global Study on Children Deprived of Liberty and the implementation of its recommendations. These Global Classrooms, a feature of the Global Campus since 2013, brings together students and professors from all regional hubs for a week-long conference where a topic of common interest is studied, analysed and discussed. The Global Classroom facilitates interaction among students from the different regional programmes by ii (2020) 4 Global Campus Human Rights Journal organising dedicated activities and providing a forum for discussion and networking. The articles in this part of the Journal are all products of collaboration between students and staff working with each of the regional Master’s programmes within the framework of the collaboration between the Global Campus of Human Rights and the Right Livelihood Foundation.
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ItemEditorial(Global Campus of Human Rights, 2020)This volume of the Global Campus Human Rights Journal consists of three parts. The first part is a ‘Special focus: Selected developments in the area of children’s rights’. This is the second occasion on which the Journal devotes special attention to the rights of children. The special focus is a product of this collaboration between the Global Campus of Human Rights and the Right Livelihood Foundation. In 2019 a cooperation agreement was signed between the Global Campus of Human Rights and the Right Livelihood Foundation. Its purpose is to ‘promote the acknowledgment and observance of human and child rights and to strengthen the participation of children in all matters affecting their lives in the present and in the future’. The Right Livelihood Foundation is a Swedish charity organisation, the mission of which is to honour and support courageous people solving global problems. The Foundation is a politically-independent and nonideological platform for the voices of its Laureates to be heard. The articles in this part are linked to the UN Global Study on Children Deprived of Liberty (2019). In 2020 the ‘Global Classroom 2020’, which was presented virtually due to the COVID-19 pandemic, focused on the UN Global Study on Children Deprived of Liberty and the implementation of its recommendations. These Global Classrooms, a feature of the Global Campus since 2013, brings together students and professors from all regional hubs for a week-long conference where a topic of common interest is studied, analysed and discussed. The Global Classroom facilitates interaction among students from the different regional programmes by ii (2020) 4 Global Campus Human Rights Journal organising dedicated activities and providing a forum for discussion and networking. The articles in this part of the Journal are all products of collaboration between students and staff working with each of the regional Master’s programmes within the framework of the collaboration between the Global Campus of Human Rights and the Right Livelihood Foundation.
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ItemEditorial of special focus: Selected developments in the area of children deprived of liberty(Global Campus of Human Rights, 2020)The UN Global Study on Children Deprived of Liberty (2019) unequivocally regards the detention of children as a form of structural violence. It not only leaves children stigmatised and marginalised for life, but also entirely forgotten by those adults who, in fact, should be protecting them. Despite irrefutable evidence of the harm detention inflicts on the physical and mental well-being of children, they continue to be detained in conditions that often leave them vulnerable to abuse and other severe human rights violations. This in turn has a severely negative impact on their development, stability and future prospects. Childhood encompasses the formative years of a human being and constitutes a period during which the personality of children is moulded and their ability to form emotional relationships defined. Depriving children of liberty during these crucially important years constitutes an enormous injustice. Yet, it remains one of the most overlooked violations of children’s rights.
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ItemTwo sides of the same coin: Contradictory legal and administrative practices towards children in immigration detention centres in Indonesia, Malaysia and Thailand(Global Campus of Human Rights, 2020)The scale of migration among Asian countries has increased over the decades. Children are also part of this migratory flow as they travel either alone or with their parents. Since much of the migration occurs through extra-legal routes, many migrants and their children face a multitude of legal problems, including incarceration. The number of children deprived of liberty for migration-related reasons in the Asia Pacific region has also increased over the past few years. This study will look at Indonesia, Malaysia and Thailand, as three of the most popular transit countries that routinely detain large numbers of children in immigration detention centres. Despite the fact that the Convention on the Rights of the Child (to which all three countries are party) emphasises the fact that detention does not serve the best interests of the child and, therefore, should only be used as a last resort and for the shortest appropriate period of time (article 37(b)), children nevertheless are routinely detained and then also for long periods of time. This is particularly problematic when children are detained for migration-related reasons, since it never serves the purpose of the best interests of the child (Nowak 2019). This study examines immigration detention centres (IDCs) by analysing from a sociopolitical perspective existing regulations and practices in the three countries selected. Using secondary data, the study addresses two questions, namely, (a) how existing legal and administrative practices of three Asia Pacific (transit/ destination) countries impact children in immigration detention centres; and (b) why these countries fail to uphold international obligations regarding the best interests of children in IDCs. The article argues that adverse administrative practices and the absence of domestic legal frameworks on children in IDCs contradict numerous international obligations. Not only does this jeopardise the survival and development of children, but it also creates barriers for these children to access fundamental human rights, social justice and other entitlements. Key words: children; best interests; deprived of liberty; detention; immigration law
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ItemArmed conflict and national security depriving children of liberty in the MENA region: Case studies and good practices(Global Campus of Human Rights, 2020)The UN Global Study on Children Deprived of Liberty outlines various pathways to detention in the contexts of armed conflicts and national security. A particular focus of this article falls on a comparative study between three case studies in the Arab region – notably Iraq & Syria (ISIS regions), Libya, and the Occupied Palestinian Territories (OPT). This comparative study is used in order to identify common problems as well as common good practices towards reaching a preliminary regional approach. With the defeat of ISIS, approximately 29 000 children have been detained in the northeast of Syria and in Iraq. Of those, only a limited number of children have been repatriated to their or their parents’ countries of origin, highlighting the overall reluctance of states to repatriate jihadist fighters for alleged security concerns. Detained children associated with ISIS are susceptible to radicalisation, aggravated socio-psychological harm and deprivation of the right to a normal childhood. The changing nature of armed conflict from ‘traditional’ wars to conflicts between non-state armed groups corresponds with an increase in the treatment of children as perpetrators rather than victims (especially in Libya). Children affiliated with terrorist groups are put to trial in circumstances that are contrary to international child justice standards. In the OPT, a high number of arrested children are mistreated, while they are also subjected to military courts and law. While states have the primary duty to prevent any potential security threats (including terrorism), protecting children from all types of violence is an obligation under international human rights law. Recognising the pressing need to liberate children from their precarious situation within detention camps, this article calls for concerted efforts to bring adequate solutions in accordance with international standards of justice for children in a way that promotes their rehabilitation and reintegration. Key words: children’s rights; armed conflict; national security; deprivation of liberty; children deprived of liberty; children in Palestine; children of ISIS; children in Libya; UN Global Study on Children Deprived of Liberty; deprivation of liberty on grounds of armed conflict; deprivation of liberty on grounds of national security