Citation

Gooch K. J. Soc. Welfare Fam. Law 2015; 37(1): 3-20.

Copyright

(Copyright © 2015, Informa - Taylor and Francis Group)

DOI

10.1080/09649069.2015.997999

PMID

unavailable

Abstract

The use of physical restraint with children in penal custody has been the source of widespread concern following the restraint-related deaths of two teenage boys in 2004. Eleven years later, deep disquiet remains. Drawing upon empirical research conducted in an English young offender institution, this article assesses the key problems associated with the use of restraint and the extent to which forthcoming reforms will address the identified concerns. It argues that, thus far, the treatment of child prisoners has not given appropriate recognition to the status of the child prisoner as a child and independent rights holder with the effect that physical restraint has been used inappropriately, routinely and, in the worst cases, unlawfully, exposing children to harm. Notwithstanding the intended reforms, further legislative, policy and systemic change is required to give primacy to the status of child prisoners as children and fulfil the State's obligations under international human rights law.

Keywords: Juvenile justice;

Language: en