Demand for ‘legal framework’ on children in single separation after Oberstown ruling

Following a ruling that four young men in Oberstown experienced a breach of their rights, penal reform campaigners have called for the introduction of a legal framework governing the holding of children in single separation.

The Irish Penal Reform Trust (IPRT) made the call after the High Court ruled four young men held at Oberstown Children Detention Campus experienced a “limited” breach of their constitutional rights.

Ms Justice Úna Ní­ Raifeartaigh ruled that, while separating the four males into locked rooms for periods of up to three weeks following incidents in August 2016 was not unconstitutional, their constitutional rights were breached in relation to the lack of procedural safeguards, physical exercise and contact with their families.

IPRT executive director Deirdre Malone said: “Today’s judgement highlights the absence of a clear legal framework to govern the use of single separation in places of child detention in Ireland. Solitary confinement (in excess of 22 hours) should never be used for children and where single separation is imposed, strict safeguards should apply.

“Children in custody are often characterised by experiences of adversity and trauma and international best practice makes it clear that the impacts of isolation are more profound on children than on adults. Single separation of children can be extremely damaging and should only be used as a last resort and where other interventions have proven unsuccessful, and it should be imposed for the shortest time possible.

“We welcome the attention this case has brought to the issue of single separation imposed on children in detention.”

Ms Malone (pictured) said the IPRT continued to be concerned about the use of prolonged separation of children from their peers on campus at Oberstown, and urged Justice Minister Charlie Flanagan and Children’s Minister Katherine Zappone to introduce regulations governing the use of single separation.

She added: “In line with good governance and accountability on the Oberstown campus, and with the best interest of the children detained in mind, IPRT is also calling for the publication of the review of operations at Oberstown.”