Solitary Confinement of Juveniles in Europe

Abstract

Solitary confinement can amount to inhuman and degrading treatment or punishment, and even to torture. Children are amongst the most vulnerable people in criminal justice systems and as the Standard Minimum Rules for the Treatment of Prisoners reflect, should not be subjected to solitary confinement. However, juvenile solitary confinement (JSC) persists and is a feature of juvenile justice across a significant number of Council of Europe states. Drawing from a range of primary sources at UN, European and (as relevant) domestic level, and complemented with findings in the literature, this Chapter identifies and evaluates recurrent themes in the use of JSC across Europe and draws attention to the complexity of the practice’s continued use. A case study of the United Kingdom at the end of the Chapter grounds these findings: illustrating in context and in detail many of the Europe-wide trends, the complexity of issues, JSC’s interface with vulnerability, and difficulties (both practical and legal) associated with implementing the prohibition of JSC.