Kendra Gregson, UNICEF Regional Advisor on Child Protection, emphasized the comprehensive rights of children in conflict with the law during her speech at the 25th Annual SALISES Conference, held at the University of the West Indies in Jamaica.
Gregson highlighted the commitments Jamaica has made under the Convention on the Rights of the Child (CRC), ensuring that children accused of legal infractions are treated with the same rights as any other child. This includes the pivotal right to access justice and receive care.
Understanding children in conflict with the law
The term “children in conflict with the law” encompasses any individual under 18 years old who is alleged to have infringed upon penal law.
During her presentation, Gregson underscored the necessity for these young individuals to have a voice in the justice system, advocating for their right to a fair trial and equality before the law.
Addressing the challenges of armed violence
Gregson candidly addressed the challenges posed by armed violence in the region, which extends beyond actual violence to include the pervasive fear of potential harm.
She questioned the ultimate goal of sentencing, advocating for outcomes that reintegrate youth into society as productive and responsible citizens.
Balancing rehabilitation and penalties
The dialogue also covered the delicate balance between imposing penalties and pursuing rehabilitation.
Gregson argued for the implementation of effective strategies that address and prevent armed violence, which can help create safer communities without overly relying on detention.
The detrimental effects of detention on touth
Gregson presented compelling evidence on the adverse effects of detention on children, which includes hindrance to their development and mental health.
She stressed that detention should be a last resort, used minimally and only when absolutely necessary, in line with Article 37 of the CRC, which Jamaica has ratified.
It states that no child should undergo torture, cruel treatment, or undue deprivation of liberty.
Gregson reiterated that detention is frequently overused, calling for a shift towards more rehabilitative measures that honor the rights and developmental needs of children.
