Rehabilitation, Care and Protection of Children in Contact with the Law: Is Institutionalization The Best Option? (original) (raw)
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International Journal of Literacy and Education, 2023
Child care and protection have undergone considerable changes when seen from a historical perspective. This paper provides scoping review of thirty articles collected through various search engines. A critical evaluation of the systematic literature review has been done by analyzing published articles, reports, and chapters, to bring out the thematic conceptualization of the article. The objective of the paper is to bring out the post-release perspective of institutionalized children with regard to the integrated child protection scheme in India. Follow-ups of the rehabilitated children are a must and there is a need to elaborate on how to execute the post-follow-ups of children mentioned in the existing juvenile justice act and child protection schemes in India, so as to bring out a meaningful and constructive follow-up in sync with the best interest of the child.
Rethinking Rehabilitation: For The Girl Child in The Indian Context
Institutionalised Children Explorations and Beyond, 2016
The paper seeks to analyse the methods of rehabilitation and their effects on the at-risk and affected girl child in the Indian context. Abandonment in India, specifically in the case of girl child, is an amalgamation of a number of socioeconomic factors at the foundation of which lies the problem of patriarchy. Each child when they arrive at a rehabilitative facility comes with a past description, which is at least traumatic. It then becomes the mission of the rehabilitation process to socially reintegrate the child through mental (including psychological and emotional), physical and educational training. However, close observation of such facilities-both governmental and non-governmental-has brought to light a lack of personalised care determinate upon past circumstances. The paper extends its period of analysis to the first decade of the twenty-first century (2000-2010). It has used case studies from STOP's rescue and rehabilitation database during the concerned period. All case studies are primary data that were received by the organisation while carrying out extensive rescue operations and community intervention work across New Delhi, India. The paper in making its argument suggests that current rehabilitative methods in India lack a personalised approach that does not take into account specific needs of the girl child depending upon her past circumstances. It then uses a multi-layered approach to construct a longterm alternative rehabilitation structure premised upon providing personalised and empathetic care through a rights-based approach.
One in every two hundred children undergo alternative care in a children's home in Sri Lanka, denied of basic human rights by being deprived of parental care and by being labelled orphaned, abandoned or destitute. These figures are problematic in a multi-religious and diversely cultured state where moral rhetoric abounds, but concerns need to be translated into practice. The need for institutional children's care must be investigated, as does the ability of these organizations to provide a quality upbringing and life preparation for children. In this paper I address these contemporary issues through a critical review of the policy environment and the governance practices of these institutions with reference to specific case studies.
Rehabilitation Services for Children in Conflict with the Law in Baguio City
Zenodo (CERN European Organization for Nuclear Research), 2023
The rising concern concerning juvenile delinquents is experienced by justice systems worldwide. In the Philippines, these groups are called CICL. They are adolescents who have been charged, accused, or found guilty of a crime under Philippine laws (R.A. 9344, 2006). To address these underrepresented groups, the government has set up a juvenile justice system to deal with the CICL and CAR. In 2006, the Juvenile Justice and Welfare Act, lawfully known as Republic Act (R.A.) 9344 was ratified. It established a comprehensive juvenile justice and welfare system, formed the juvenile justice and welfare council under the Department of Justice, and appropriated funds for the same purpose. The system institutionalized the promotion of the well-being of the child and their families, the involvement of parents and guardians, the promotion of diversion, avoiding deprivation of liberty, and the protection of the privacy rights of children. This law was an offshoot of the United Nations Convention on the Rights of the Child when the Philippines became a signatory in 1990. The law was modified in 2013 with R.A. 10630, which introduced more revisions and further emphasized childsensitive justice policies focused on the child's best interest. This principle of the child's best interest has been laid down in the Doha Declaration (Sanchez, 2017). To improve juvenile justice and child welfare across the country, the revisions of the law have developed a comprehensive restorative juvenile justice and welfare system that provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reintegration, and aftercare to ensure their average growth and development. Young people in the criminal justice system usually had a tough upbringing, mental health issues, issues controlling their emotions, and a low quality of life. (Simpson et al., 2018). These factors are the common underlying causes of why children commit offenses or felonies. Republic Act 10630 (2013) states that offenses that only apply to a child and not to adults are called "Status offenses." Instead of being considered offenses, these are not punished if committed by a child. These status offenses include curfew violations, truancy, parental disobedience, and antismoking and anti-drinking laws. Misdemeanors against public order or safety, such as disorderly behavior, public scandal, harassment, drunkenness, public intoxication, criminal annoyance, vandalism, gambling, mendicancy, littering, public urination, and trespassing, are also included in the list of status violations. R.A. 9344 also sets the minimum age of criminal responsibility (MACR) at 15 years old. Children 15 years of age and younger are exempt from criminal responsibility but can be held civilly liable. These children are placed in intervention programs while living with their families. Children under 15 who are repeat offenders, have committed serious crimes, and do not have families who wish to take them in are placed in childcare institutions called "Bahay Pag-Asa," or House of Hope. The law aims at applying restorative justice rather than retributive justice to the situation of child law offenders (Genilo, 2019). Sanchez (2017) mentions that "restorative justice," as opposed to retributive justice, aims to resolve conflicts by involving the victim, offender, and community to the fullest extent possible. Restitution for the victim, peace between the offender, the offended, and the community, as well as increased public safety, are its main goals. Additionally, it guarantees that when the youngster confesses to the crime, his or her rights won't be violated. The juvenile justice system is overwhelmed by the increasing number of youths arrested each year (Underwood et al., 2006). Data from the DSWD (2022) shows the number of CICLs from DSWD-run centers and facilities from 2017 to 2022. The statistics were collected from the National Training School for Boys, all regional rehabilitation centers for youth, and Region IV-B, or MIMAROPA Youth Center. In 2017, the number of CICLs from the said facilities and centers totaled 1,807 and gradually increased to 1,968 the following year. However, in 2019, it topped 2,133 and progressively dropped to 1,738 in 2020 and 1,496 in 2021. In the present year, from January to May, the statistics amounted to 950. Rehabilitation is a vital goal of the correctional system. It is based on the idea that people can be helped to change their ways and stop committing crimes (Huebner &Inzana, 2020). Rehabilitation assists individuals of all ages in achieving maximum independence in their daily activities. and enables participation in education, work, recreation, and meaningful life roles. It accomplishes this by treating the underlying issues and enhancing how a person interacts with the world, assisting them in overcoming challenges with thinking, seeing, hearing, communicating, eating, or moving about (World Health Organization, 2021).
Institutionalised children exploration and beyond, 2017
Esther John Working at LEADS as a practitioner in the field of child protection. 8 years' experience in providing psychosocial interventions and aftercare services for survivors of abuse. Working with ch ildren in institutions, specifically with children in conflict with the law. 2 Roshan Mendis Since 2000, Roshan Mendis has been with LEADS as the executive giving leadership to the organisation and is a member of the board. Within LEADS, he provides direction to a broad range of sectors in Child-Centered Community Development, Relief & Recovery, Child Protection, Social Harmony & Rehabilitative ministries.
Child Protection Services Offered By CP&WB For Rehabilitation and Successful Integration
Global Sociological Review, 2018
The study is about Child Protection Services offered by Child Protection and Welfare Bureau (CP&WB) for rehabilitation and successful integration. Child abuse, neglect and violence may seem like a thing of the past. In developed countries like the United States, England and in third world African countries such problems are still present. The research was conducted at CP&WB in Bahawalpur. It aimed at studying the role of bureau in providing facilities to the children for successful integration in the society. The research methodology was explanatory, and interviews and observation were used for data collection. It was found that the bureau rescued children from streets and provided them with basic needs. Their record was kept by the Child Protection Office (CPO). It was further found that the children were provided with formal and skill-based education enabling them to earn and become productive part of society.
Recommendation for Optimum Care and Protection System Reforms for Sri Lankan Street Children (SLSC
Street children are among those most at risk for exploitation and abuse. Therefore, diverse protection and care issues become more salient at different developmental levels, for them. Although Sri Lanka signed the U.N. Convention on the Rights of the Child (CRC) in 1991, and protection and care policies have been developed in principle to protect street children from violence and abuse, Sri Lanka has yet to develop, follow and update specific policies and recommendations arising from the CRC, to provide effective care management for them. Utilizing an ecological model, the paper describes and critique existing care and protection policies pertaining to street children in Sri Lanka. It also provides culturally feasible and sustainable recommendations (at individual, family, community-based and service levels) that address care and protection under three main areas: protection from violence & abuse, street children at conflict with law and promoting psychosocial wellbeing within street children
The Impact of Community-Based Rehabilitation in a Post-Conflict Environment of Sri Lanka
Disability, CBR & Inclusive Development, 2017
Purpose: Conflict and disability are closely associated; it is therefore significant to examine strategies at the grassroots-level for restoring the human rights of people with disabilities living in post-conflict societies. The aim of this study is to reveal the impact of and issues with community-based rehabilitation (CBR) in the Northern Province of Sri Lanka that was ravaged by civil war from 1983 to 2009.Methods: The research was implemented in October 2016, in collaboration with a local NGO in the Mullaitivu district. A mixed-methods approach was followed, which included quantitative analysis of the NGO’s registration database of people with disabilities in the area (n=964), group interviews with 9 community rehabilitation committees (CRCs) of people with disabilities and their family members (n=118), and semi-structured interviews with clients of the CBR programme (n=5). Thematic analysis was applied to the narrative data.Results: The quantitative analysis on clients of the N...
Protecting Children on the Move: A Study Based in the Probation District of Hambantota, Sri Lanka
Children on the move in the Hambantota probation district were identified as a vulnerable group of children without adequate protection. According to the Department of Probation and Childcare Services there is an urgent need to address issues of these children with careful, consultative planning. The prevailing efforts to protect children are considered as ways of criminalising and victimising vulnerable children. As a result of not adopting child-friendly protection mechanisms, the persons who are assigned to protect children are seen as traitors. There is a constant tension between so-called protectors and vulnerable children. The multi-stakeholder action-oriented study on children on the move was carried out based on a request made to Save the Children in Sri Lanka by the Department of Probation and Childcare Services in order to develop an effective, child-friendly, sustainable protection mechanism to address issues of children on the move
REMAND HOMES IN UGANDA AND REHABILITATION OF CHILD OFFENDERS.
REMAND HOMES IN UGANDA AND REHABILITATION OF CHILD OFFENDERS., 2019
When crimes are committed by children, after trial they are detained at remand homes, with an aim of rehabilitating and eventually reforming them into better citizens. However, it is observed that many times, these child offenders go through the remand homes and come out unreformed, some other times, some of them come out worse than they went in, thus this research was intended to investigate why that is so. The objectives that guided the research were; to examine the attitude of Child offenders about remand homes, to describe the discrepancies between the law and policy practice relating to remand homes in Uganda, to examine the process and procedure through which the Child offender is subjected to remand homes, and to examine the Challenges encountered by the remand homes in the rehabilitation of Child offenders. The research geographical areas were Naguru Remand Home and Kampiringisa National Rehabilitation Center, and the research population were the child offenders remanded therein. The research design used was case study research design and the research method used was the mixed research method. The key findings, among others from the research, were that, first, the mode of arrest and general treatment of the child offenders depicted some form of malice, maltreatment and torture, and as such the children develop a pro-negative perspective about the remand homes. Secondly, when this children are arrest, the legal requirements of first taking them through trial, and also informing their parents or guardians, the PSWO and secretary of children affairs are usually not complied with, and thirdly, that the government has not been allocating and providing sufficient funds to the remand homes, lastly, at the stage of resettling the child after remand, it is usually difficult for the child offender to adjust and reform, reason being that the society still labels and stigmatizes them with the offense they had been arrested and remanded for, not taking cognizance of the fact that the child had become reformed. Recommendations were also given for the finding observed and gotten at the course of the research.