Right to Information: Towards an Effective Legal Position for Children Deprived of Liberty

14 Pages Posted: 6 Nov 2017

See all articles by Stephanie Rap

Stephanie Rap

Leiden University - Department of Child Law

Ton Liefaard

Leiden University - Leiden Law School

Date Written: 2017

Abstract

Children who are deprived of their liberty find themselves in a particular vulnerable position.

Rights violations in detention take place on a large scale, regardless the reason for detaining the child. Article 37 of the UN Convention on the Rights of the Child is the core human rights provision for children deprived of their liberty. It recognizes the impact of deprivation of liberty on children’s lives, as well as the need for a child specific approach. This article provides a framework in which the effective legal position for children deprived of their liberty is conceptualised.

Next to rights aiming at the protection of children and providing basic services, an effective legal position of children requires procedural rights, including the right to information, which is the specific focus of this article. Procedural rights form an essential part of the legal position of children deprived of liberty and can also be regarded as a prerequisite for the effective protection of their rights. In this article, it is concluded that too little is known about the right to information – in theory and practice – in the specific context of deprivation of liberty.

What has become clear is that providing information to children without them understanding it, is meaningless. Therefore, children should be educated about their rights and the effective enforcement of these rights.

Keywords: Right to information, deprivation of liberty, children’s rights, UN Convention on the Rights of the Child, effective legal position

Suggested Citation

Rap, Stephanie and Liefaard, Ton, Right to Information: Towards an Effective Legal Position for Children Deprived of Liberty (2017). Leiden Child Law Research Paper 2017-2. Available at SSRN: https://ssrn.com/abstract=2986800

Stephanie Rap (Contact Author)

Leiden University - Department of Child Law ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Ton Liefaard

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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