Solitary Confinement, Torture and Children: Applicable minimum standards

18 Pages Posted: 7 Jul 2022

Date Written: July 6, 2022

Abstract

This brief sets out the basis upon which the detention of children in Scotland could amount to torture or CIDT in breach of a range of legal obligations owed to children. It begins with a concise introduction to the range of laws prohibiting torture that are applicable in Scotland. Next, it considers the use of solitary confinement and at what point this extreme detention practice breaches the threshold of prohibited conduct. Finally, the specific question of children in detention on the Scottish prison estate in young offender institutes (YOIs) is examined in light of a recent survey raising red flags in relation to the number of hours detained children are isolated in their cells each day.

Keywords: Children's Rights, Solitary Confinement, Torture, Young Offenders, Human Rights

Suggested Citation

McCall-Smith, Kasey L., Solitary Confinement, Torture and Children: Applicable minimum standards (July 6, 2022). Edinburgh School of Law Research Paper No. 2022/13, Available at SSRN: https://ssrn.com/abstract=4155529 or http://dx.doi.org/10.2139/ssrn.4155529

Kasey L. McCall-Smith (Contact Author)

University of Edinburgh School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

HOME PAGE: http://www.law.ed.ac.uk/people/kaseymccallsmith

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