TY - JOUR
T1 - Who needs restraining?
T2 - Re-examining the use of physical restraint in an English young offender institution
AU - Gooch, Kate
PY - 2015/1
Y1 - 2015/1
N2 - The use of physical restraint with children in penal custody has been the source of widespread concern following the restraint-related deaths of two teenage boys in 2004. Eleven years later, deep disquiet remains. Drawing upon empirical research conducted in an English young offender institution, this article assesses the key problems associated with the use of restraint and the extent to which forthcoming reforms will address the identified concerns. It argues that, thus far, the treatment of child prisoners has not given appropriate recognition to the status of the child prisoner as a child and independent rights holder with the effect that physical restraint has been used inappropriately, routinely and, in the worst cases, unlawfully, exposing children to harm. Notwithstanding the intended reforms, further legislative, policy and systemic change is required to give primacy to the status of child prisoners as children and fulfil the State's obligations under international human rights law.
AB - The use of physical restraint with children in penal custody has been the source of widespread concern following the restraint-related deaths of two teenage boys in 2004. Eleven years later, deep disquiet remains. Drawing upon empirical research conducted in an English young offender institution, this article assesses the key problems associated with the use of restraint and the extent to which forthcoming reforms will address the identified concerns. It argues that, thus far, the treatment of child prisoners has not given appropriate recognition to the status of the child prisoner as a child and independent rights holder with the effect that physical restraint has been used inappropriately, routinely and, in the worst cases, unlawfully, exposing children to harm. Notwithstanding the intended reforms, further legislative, policy and systemic change is required to give primacy to the status of child prisoners as children and fulfil the State's obligations under international human rights law.
U2 - 10.1080/09649069.2015.997999
DO - 10.1080/09649069.2015.997999
M3 - Article
SN - 0141-8033
VL - 37
SP - 3
EP - 20
JO - The Journal of Social Welfare & Family Law
JF - The Journal of Social Welfare & Family Law
IS - 1
ER -