What does UNCRC Article 37 guarantee for children?
It’s the obligation of society to educate, nurture, and protect children. When situations arise where young people must be detained, these children must be provided with opportunities to rehabilitate, grow, and safely reenter society as productive members. Article 37 of the United Nations Convention on the Rights of the Child (UNCRC) addresses this, outlining the responsibilities of governments when detaining children.
Whilst many other articles of the UNCRC are rights to participation, Article 37 is a right to protection. This distinction is important because though the UNCRC does recognise the importance and value of youth participation in decision-making, it also understands that children and young people may be exposed to difficulties prematurely during their childhood that result in their breaking the law.
Article 37 provides a clear framework for this fine line of recognising that children can be both the victims and perpetrators of crimes, asserting that no child shall be subjected to torture, capital punishment, unlawful arrest, or undue deprivation of liberty. It insists that detention should be a last resort and for the shortest appropriate period, emphasising the need for humane treatment and access to legal aid.
What role do governments play in implementing Article 37?
Governments are the custodians of their citizens' rights, tasked with turning the principles in the UNCRC into actionable policies. From legislation to on-the-ground practices, every level of government has a role in dismantling the structures that lead to the unnecessary detention of children and in creating systems that prioritise their well-being and development.
The legal system is a critical player in the realisation of Article 37's goals. By ensuring that children's rights are central to justice proceedings and that legal representation is accessible and effective, we can protect our most vulnerable and guide them towards brighter futures.
How does Article 37 address Juvenile detention?
Article 37 repositions juvenile detention as a last resort, to be used only when other options have been exhausted and then for the shortest time possible. Under Article 37 children must have access to adequate legal representation as well as an opportunity to challenge their imprisonment and any injustice in its conditions.
The minimum conditions and treatment of juvenile detention are also laid out in UNCRC Article 37. Young people in detention must not:
- Be subject to cruel treatment or punishment
- Be sentenced without possibility of release
- Be treated without respect and dignity
- Be confined with adults
- Be deprived fully of contact with their family
Can NGOs support children in detention under Article 37?
Non-governmental organisations (NGOs) like Save the Children are pivotal in advocating for and realising the rights outlined in Article 37. Through direct support, advocacy, and partnership with communities and governments, NGOs can help ensure the words of the UNCRC are upheld.
In Australia, the plight of children in detention, particularly those from Indigenous, migrant, and refugee backgrounds, casts a shadow on our societal values. Save the Children Australia's advocacy and programs, like 'Hands on Learning’ and ‘It Takes a Village’ address these challenges head-on, providing support, education, and a voice for those often left unheard. These programs help groups of children disproportionately impacted by detention and incarceration engage in a supportive and educational community.
How can donors aid in promoting Article 37's goals?
Every donation to Save the Children is a step towards a world where no child is unjustly detained. Financial support fuels our programs, advocacy, and research, driving change that not only frees children from detention but also addresses the root causes that put them there.
Violations in youth justice systems are still occurring in Australia and abroad. Your support can transform the lives of children in detention, offering them hope, dignity, and the chance for a brighter future. Your donation, volunteering, and advocacy can help ensure that the rights guaranteed by UNCRC Article 37 are realities for every child.