Health and Human Rights in Juvenile Justice

Health and Justice for Youth Campaign
Health and Human Rights
in Juvenile Justice
There is a health and human rights crisis erupting within the walls of our juvenile detention centers, with
devastating consequences on the most powerless within our society. The juvenile justice system has become a
dumping ground for marginalized youth, particularly youth of color and those with backgrounds of poverty,
trauma, and mental illness. Despite the rehabilitative foundations of juvenile justice, harsh policies, poor
conditions and inadequate treatment violate the human rights of children and often criminalize mental illness or
marginalized socio-economic status. The victims of these abuses not only suffer physical and emotional harm,
but have a diminished opportunity to reintegrate into society.
HEALTH RISKS OF YOUTH IN THE JUSTICE SYSTEM
Poor Physical Health Conditions
Substance Abuse Issues
Youth from high risk environments are
Four of every five children in the juvenile
often disenfranchised from traditional
justice system are under the influence of
Juveniles deprived of
health care services, even before entering
alcohol or drugs while committing their
the juvenile justice system. They enter
crimes; test positive for drugs; are
their liberty have the
institutions with extremely high rates of
arrested for committing an alcohol or
right to facilities and
basic health problems, including asthma,
drug offense, and/or admit having
services that meet
orthopedic problems, ear, nose, and throat
substance abuse problems. Adolescents
all the requirements
conditions, poor dental hygiene, vision
with substance abuse and behavioral
of health and human
problems, hypertension, and diabetes.
disorders engage in higher rates of crime
dignity.
Healthcare problems, such as contagious
and are at higher risk for out-of-home

diseases, somatic complaints, menstrual
placement.
United Nations Rules for the
Protection of Juveniles
disorders, and skin problems, often

Deprived of their Liberty,
increase upon confinement.
Co-Occurring Disorders
Article D.31

Nearly two-thirds of incarcerated kids
Unaddressed Mental Health Needs
with substance use disorders have at
Nearly two thirds of males in the juvenile
least one other mental health disorder.
justice system and nearly three quarters of
These co-occurring disorders require
females have diagnosable mental
careful diagnosis and specialized
disorders. These children often come from treatment that is often unavailable in the
chaotic environments that expose them to
justice system.
violence, trauma and abuse. Research on

incarcerated youth revealed that 67% were

The detention of juveniles should
exposed to violence within families and
only take place under conditions
communities and knew peers who were
shot; 16% had been shot or stabbed in the
that take full account of
past year; 35% were physically abused, and
their...mental and physical health
18% were sexually abused. Despite the
and which ensure their protection
significant rates of diagnosable mental
from harmful influences and risk
illness, only 4% of adolescents in the
situations.
justice system receive a mental health

placement (community-based or

United Nations Rules for the Protection of
institutional mental health intervention).
Juveniles Deprived of their Liberty, Article C.28

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Health and Human Rights in Juvenile Justice
Incarceration Violates Human Rights
Confinement Not Always Warranted
Non-secure facilities and alternatives to institutions
Each year, hundreds of thousands of children are
should be established to avoid institutionalizing
locked away in secure facilities, despite human
children; a variety of dispositions shall be available.
rights guidelines to use custodial sentences as a
United Nations Convention on the Rights of the Child, Article 40.4
last resort, for the shortest possible time and
limited to exceptional cases. Separating children
from their families and communities can cause
Alternatives Embrace Human Rights
lasting trauma. One study indicates that in 30% of
Innovative evidence-based practices continue to
cases, depression began after incarceration.
emerge as positive alternatives to detention and
Fragile physical, mental and emotional health,
incarceration. These rehabilitative models are often
combined with poor conditions of confinement,
community-based, family-focused, and culturally
increases risks for acting out and self-harm.
competent, acknowledging that youth develop and

grow in the context of their environments.
Dangerous Conditions
Alternative programs are also likely to incorporate
Children face serious risks to health and safety
services that address developmental health needs.
while confined. Staff may use dangerous behavioral

interventions such as the overuse of restraints,
Health Professionals Can Help Protect Children
psychotropic medications and isolation. Physical
Health professionals are often in primary positions to
and sexual abuse is rampant, whether perpetrated
recognize situations in which children are exposed to
by other youth or by staff. These risks increase
risk, violence, or trauma. They can respond to the
exponentially in adult facilities where children face
urgent needs of these young people and play an
greater risk for physical and sexual abuse, violence
active role in advising, screening, diagnosing, and
and suicide.
treating the serious physical, mental and behavioral
health concerns associated with delinquency.
All disciplinary measures constituting cruel, inhuman

or degrading punishment shall be strictly prohibited,
From direct service providers to researchers, health
including corporal punishment, placement in a dark
professionals recognize the ethical responsibility to
cell, closed or solitary confinement, or any other
address the broader social framework affecting
marginalized children and take action to ensure the
punishment that may compromise the physical or
right to the highest attainable standard of health.
mental health of the juvenile.

UN Rules for Protection of Juveniles Deprived of their Liberty, Art. I.67
Health Professionals, YOU Can Make a Difference!
Health professionals can speak with authority on the physical, mental and emotional health of children and can
advocate effectively for developmentally-appropriate services that meet youths’ needs. Take action to support
the health and human rights of youth in the justice system:

• Sign up to receive action alerts from PHR
• Arrange Grand Rounds on health issues of incarcerated youth
• Call legislators to support scientific and humane reform
• Write letters to the Editor and Op-Eds that highlight these issues
• Contact your local juvenile court or advocacy group to volunteer
Health & Justice for Youth Fact Sheets
• Health & Human Rights
• Monitor local detention facilities to learn first-hand about conditions
• Youth in the Adult Criminal System
• Join PHR and support the Health and Justice for Youth Campaign
• Adolescent Brain Development

• Mental Health Needs of Youth
Physicians for Human Rights
• Youth of Color in the Justice System
2 Arrow Street, Suite 301, Cambridge, MA 02138
• Girls in the Justice System
617-301-4200 www.physiciansforhumanrights.org
*Complete references available on website

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Health and Human Rights in Juvenile
This fact sheet was developed using the following list of sources:
American Medical Association, Council on Scientific Affairs (1990). “Health status of detained and incarcerated
youth.” Journal of the American Medical Association, 263:987-991.

Feinstein, R.A., Lampkin, A., Lorish, C.D., Klerman, L.V., Maisiak, R., Oh, M.K.(1998). “Medical status of
adolescents at time of admission to a juvenile detention center.” Journal of Adolescent Health, 22. 190-196

Herz, D.C. (2001). “Understanding the use of mental health placements by the juvenile justice system.” Journal
of Emotional and Behavioral Disorders, 9(3): 172-181.

McBride, D., VanderWaal, C., VanBuren, H., & Terry, Y. (1997). “Breaking the Cycle of Drug Use Among Juvenile
Offenders.” Manuscript prepared for the National Institute of Justice.

Shelton, D. (2000). “Health Status of Young Offenders and Their Families.” Journal of Nursing Scholarship,
32(2): 173-178.

United States House of Representatives Committee on Government Reform – Minority Staff Special
Investigations (July 2004). “Incarceration of Youth Who are Waiting for Community Mental Health Services in
the United States.” p. 4
2 Arrow Street, Suite 301 · Cambridge, MA 02138 · T: 617.301.4200 · F: 617.301.4250 ·
www.physiciansforhumanrights.org

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