Detention of minors : an analysis of their rights

Abstract

This paper involves research on elements and conditions found in detention settings, however, it becomes an essential study because it deals specifically with rights of minors. In fact, the introduction to this term paper emphasises that minors are vulnerable and their rights need to be protected effectively. Consequently, the right to liberty, pre-trial detention and detention of persons of unsound mind have been analysed in light of the case law of the ECtHR and other documents. This analysis was necessary in order to understand which elements need to be present for a minor to be deprived of his liberty and lawfully detained under the two types of detention discussed. Although deprivation of liberty and detention under Article 5 are lawful, many other fundamental rights can be breached while a person is in detention. Even though these rights are numerous and all equally important, the author focused on the prohibition of inhuman, degrading treatment or torture and the Right to Health. These two rights are broad and linked because one action might breach them both. Subsequently, the author used reports from different committees, statements of international organisations and articles from news outlets to reveal the conditions in which minors are detained in institutions for pre-trial detention and detention of persons of unsound mind. These institutions are the Young Offenders Unit for Rehabilitation Services which forms part of the Corradino Correctional Facility and the Young Persons Unit which forms part of Mount Carmel Hospital. The main conclusion was that conditions in the two mentioned settings are generally good. However, some breaches in procedure and rights of minors where reported. While some of these breaches need to be addressed by amendments in legislation, procedure or reporting systems, other breaches might be addressed by better enforcement mechanisms.