Detention- a measure of last resort only and for the shortest period of time? A field study of children held in police cells while awaiting trial in South Africa

Abstract: Detention as a measure of last resort only for the shortest period of time? This is the title of the thesis and also the key question to be investigated. Children involved in the criminal justice system are far too often infringed upon their fundamental human rights. As a result children are subject to maltreatment, neglect and abuse. According to the law, the rights of the child shall in all situations be promoted in order to implement their welfare and well-being. South Africa is no exception to this neglect of protection. It may in some ways be considered as a country notorious for its prisons and long periods of detention for both children and adults. Regarding the juvenile justice system, the principle of detention as a measure of last resort only for the shortest period of time shall be the point of departure. Strict separation of adults and children in detention, as well as treatment according to age and maturity are essential human rights protection of the child. In theory one may witness these principles as universally recognised and stated in international, regional and domestic law. Practice and theory however seldom coincide. My field study of the criminal justice system in South Africa evidentially illustrates systematic infringements of children's rights. The main issue studied is children detained in police cells while awaiting trial. This is by no means legally justified violating the fundamental human rights of the child. This thesis will firstly introduce the theoretical approach to children's rights with reference to detention. This will be followed by a presentation of my experience from the field in South Africa with particular reference to children held in police cells while awaiting trial. These cases illustrate not only legal faults but also lack of communication between responsible institutions as a main fault, followed by lack of sufficient knowledge and in same cases pure ignorance. A discussion of the juvenile justice situation in South Africa and its future prospects including the Child Justice Bill, followed by the acts of courts and recommendations for children in the juvenile justice system will conclude my thesis.