Save the Children International demands children's rights be prioritized by urging law enforcement to adopt child-sensitive practices during police operations. During police raids, particularly those involving the arrest of parents or legal guardians, it is paramount to prioritize the best interests of the child, as outlined in the United Nations Convention on the Rights of the Child (UNCRC), specifically Article 3. The organization highlights that the detention of a parent without ensuring children's safety and emotional well-being can violate essential standards, including General Comment No. 13, which calls for protective measures, and General Comment No. 14, emphasizing the need for child-sensitive responses in legal contexts.
To mitigate risks to child welfare during search and seizure operations, Save the Children recommends minimizing children's exposure, providing emotional support through child welfare professionals, offering age-appropriate explanations, and creating safe spaces away from stressful situations. It is crucial for governments and law enforcement agencies to uphold these child rights-based practices, ensuring that the dignity and well-being of children are central to all policing activities. By committing to these standards, we can foster a safer environment for children and uphold their fundamental rights.
Save the Children International remains dedicated to advocating for the protection and promotion of children’s rights. We emphasize the paramount significance of integrating child rights considerations into law enforcement practices, particularly during police raids that involve the arrest of parents or legal guardians and the conduct of search and seizure operations.
According to the United Nations Convention on the Rights of the Child (UNCRC), particularly Article 3, the best interests of the child must be a primary consideration in all actions concerning them. This principle is reinforced through General Comment No. 13, which emphasizes the necessity of protective measures to prevent harm to children and ensure their emotional well-being. The detention of a parent in a manner that disregards these principles can infringe upon several important standards, including Article 9 of the UNCRC and the General Comment No. 14: This general comment highlights the need for child-sensitive responses during legal actions and procedures, calling for measures to protect children from violence, distress, and maltreatment during any judicial process.
Additionally, search and seizure operations involving minors can also pose significant risks to child welfare. The presence of children during these operations, particularly when conducted without regard for their emotional state, may contravene the standards enshrined by the UNCRC and European Court of Human Rights.
To mitigate the impact of police actions on children during arrests and searches, we urge law enforcement agencies to adopt child-sensitive practices, including:
Minimizing Exposure: Avoid conducting searches and arrests in the immediate presence of children whenever possible.
Providing Emotional Support: Ensure access to child welfare professionals during operations to offer emotional reassurance to affected children.
Clear Communication: Officers should provide age-appropriate explanations to children, helping to alleviate confusion and fear surrounding the situation.
Creating Safe Spaces: Establish designated areas for children, away from the active search or arrest, to minimize distress and enhance feelings of safety.
State responsibility in adhering to these standards is paramount. Failing to consider the rights and needs of children during such operations not only contravenes international obligations but also jeopardizes their emotional and psychological well-being. Governments must ensure that law enforcement agencies receive training in recognizing and addressing the potential impacts of their actions on children.
In conclusion, it is utmost importance for the state to commit to child rights-based practices during both arrest and search and seizure operations. The dignity, safety, and well-being of children must be central to all law enforcement policies and actions. We call for a comprehensive framework that prioritizes the best interests of the child, fully integrating child rights considerations into policing practices to protect their mental well-being.
