Prison health situation and health rights of young people incarcerated in sub-Saharan African prisons and detention centres: a scoping review of extant literature

Marie-Claire Van Hout,Rosemary Mhlanga-Gunda

doi:10.1186/s12914-019-0200-z

Abstract

BackgroundTreatment and special protection of the rights of incarcerated young people in prisons are mandated under the Sustainable Development Goals (SDG), as well as under United Nations (UN) human rights instruments.MethodsA scoping review mapped what is currently known about prison conditions and health situation of detained and incarcerated young people in sub- Saharan African (SSA) prisons. A systematic search collected and reviewed all available and relevant published and grey literature. Following application of exclusion measures, 54 records remained, which represented 37 of the 49 SSA countries. These records were charted and thematically analysed.ResultsThe ages of children and adolescents held in SSA prisons ranged from 12 to 18 years. Three main themes were generated during the charting exercise; the prison environment for young people; availability and accessibility of basic necessities and navigating the prison system for health care and outside continuum of care.ConclusionsThe review highlights the grave and continuing deplorable situation of young people held in SSA prisons. The violation of international human rights norms is observed in the systemic abuse and detention of young people with adults. Basic needs are not met in relation to sanitation, ventilation, safe spaces, protection from physical and sexual violence, clothing, food and access to HIV and medical care.

Highlights

Treatment and special protection of the rights of incarcerated young people in prisons are mandated under the Sustainable Development Goals (SDG), as well as under United Nations (UN) human rights instruments
Disagreements around theme allocation were resolved through team discussion
Most included records originated from human rights organizations and annual reports from United States Department of State Bureau of Democracy, Human Rights and Labor and the African Commission on Human and Peoples’ Rights

Summary

Introduction

Treatment and special protection of the rights of incarcerated young people in prisons are mandated under the Sustainable Development Goals (SDG), as well as under United Nations (UN) human rights instruments. Penal Reform International reported on regressive moves where some countries are reducing or reduced the minimum age of criminal responsibility in 2016, despite the unequivocal recommendation of the United Nations (UN) Committee on the Rights of the. Child that this cut off should be no lower than 12 years, and the recommendation in 2016 that it be raised progressively to 18. Key vulnerable populations of detained or incarcerated young people include; incarcerated girls; lesbian, gay, bisexual, or transgender (LGBT) youth; commercially sexually exploited youth; and ‘cross over’ youth involved in both the juvenile justice and child welfare systems [4]. The report suggested that some countries in effect use criminal justice systems as a substitute for weak or non-existent child protection systems [2]

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Discussion

Conclusion