Abstract
Abstract This study examines the extent to which secure residential youth care in the Netherlands complies with children’s rights as laid down in the United Nations Convention on the Rights of the Child (uncrc) and the Dutch Youth Act. Residential group climate was measured with the Prison Group Climate Instrument (pgci), which assesses quality of group care from the perspective of the three basic needs for human self-determination: contact, autonomy and competence. Results indicate that children’s rights are a subsidiary issue in secure residential youth care in The Netherlands, because groups workers and staff have insufficient understanding of children’s rights and Dutch legislation on youth care. Dutch law allows secure facilities to make their own policy on youth care delivery, but it seems that policies are insufficiently explicit about children’s rights. Results of this study can be used to work on the fulfilment of children’s rights in secure residential youth care.
Highlights
More than 40,000 children in the Netherlands are unable to live with their parents due to an unstable or unsafe home situation
Article 12 of the uncrc: Freedom of Expression Article 12 uncrc is a unique provision in a human rights treaty: it addresses the legal and social status of children who, on the one hand lack the full autonomy of adults but, on the other, are subjects of rights
Results of this study suggest that some secure facilities are not always able to provide a therapeutic group climate within the facility
Summary
More than 40,000 children in the Netherlands are unable to live with their parents due to an unstable or unsafe home situation (cbs, 2021). Secure treatment in Dutch residential youth care facilities must comply with standards of international law and Dutch law. In this context, the Convention for the Protection of Human Rights and Fundamental Freedom (echr, 1950) and the United Nations Convention on the Rights of the Child (uncrc, 1989) are the most important human rights conventions. The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana rules, 1990) aim at the protection of human rights of the child in justice institution or other residential facilities. As indicated in the preamble of the uncrc, the child, by reason of his age and development, is entitled to a special approach, special protection and special rights. The United Nations has proclaimed that the child is entitled to special care and assistance: ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, The International Journal of Children’s RightsDo2w9nl(o2ad0e2d 1fr)om94Br6ill-.c9o7m112/23/2021 01:44:20PM via free access höfte et al
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