CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS

AUTHOR- ARADHYA KUMAR* & MR AMBER SRIVASTAVA**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

** ASST. PROF., LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, 248007

BEST CITATION – ARADHYA KUMAR & MR AMBER SRIVASTAVA, CHILDREN’S RIGHTS IN DETENTION: EVALUATING COMPLIANCE WITH UNCRC STANDARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 232-244, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of how children’s rights are protected while they are in detention has become one of the most significant areas of concern around the world. It goes hand in hand with the overall international recognition of the rights children have, which is well presented by the United Nations Convention on the Rights of the Child (UNCRC). The Convention provides a wide range of standards, e.g. detention should be used only as a last resort, humane treatment, separate from adults, access to education, health care, legal assistance, and effective monitoring. However, in practice, compliance is uneven across different jurisdictions. This article reviews the degree to which actual detention practices are compatible with the requirements of the UNCRC and indicates those areas where there are still gaps in protection.

The research, through a rights-based analytical framework, surveys the minimum living conditions, the guarantees of due process, and the protection mechanisms within the institution as stipulated by international law. It draws attention to the issues that have been there for a long time, e.g. overcrowding, lack of sufficient personnel, poor provision of mental-health services, and the limited participation of children in decision-making processes. Besides, the article points out that on the systemic level there are obstacles that make it difficult for the measures taken to bring about the desired effect. These include weak supervision, poor accountability mechanisms, and cultural or administrative biases that still do not give up the punitive approach while ignoring the rehabilitative one.

While delving into worldwide trends and compliance gaps, the piece puts forward the idea of switching to restorative, child-centred justice models which would foremost facilitate the use of non-custodial alternatives, the application of trauma-informed care, and the strengthening of monitoring systems. Legislative harmonisation is only one of the prerequisites for the successful implementation of UNCRC standards, there are also structural reforms, capacity building and political will that need to be present.

In conclusion, the article reiterates that putting children’s rights first in detention situations is not only prescribed by law but also constitutes a moral obligation, which is at the core of granting dignity, rehabilitation and eventual reintegration of each detained  child.

Keywords: Children’s Rights in Detention; UNCRC Compliance; Juvenile Justice System; Due Process and Child-Centred Justice