In accordance with international human rights standards, and in particular in line with the provisions of the UN Convention on the Rights of the Child, custody for children should only be used as a last resort and for the minimum required period of time. International law stipulates that all efforts should be made to apply alternatives to detention to ensure that such a measure is only used in exceptional circumstances.
In Ireland, the Children Act 2001 recognizes the principle of detention as a last resort. The Act prohibits the imprisonment of children and the Criminal Justice Act 2006 amends the 2001 Act to make provision for all children less than 18 years of age to be detained in Children Detention Schools under the auspices of the Department of Justice, Equality and Law Reform. In 2007, responsibility for existing Children Detention Schools was transferred to the Irish Youth Justice Service, which, in turn, transferred to the Department of Children and Youth Affairs at the end of 2011.
A vital part of IPRT's work has been to remove children over 16 years from St Patrick’s Institution, part of the prison system. The practice of detention of boys between 16 and 18 years of age in St. Patrick’s institution has been criticised by national and international organisations on a continuous basis.
In 2012, following years of sustained advocacy by many organisations, including IPRT, along with national and international bodies, the detention of boys aged under 17 at St Patrick's Insitution ended, with a commitment to end the detention of 17 year old boys in the prison by 2014.
We continue to work towards the change in this policy, and continue to engage in wider policy and practice issues relating to youth justice, such as provision of alternatives to detention, diversion and early intervention programs.
