ABSTRACT
Pretrial detention of children is a global issue of concern, as it negatively impacts the lives of many children around the world. This chapter explores the potentialities and challenges of reducing the use of pretrial detention of children and limiting the harmful effects of pretrial detention on the lives and well-being of children, without disregarding public safety concerns. Building further on the international children’s rights framework and the empirical evidence on the impact of pretrial detention on the lives of children, this chapter presents two case studies: pretrial detention in the Dutch juvenile justice system; and juvenile detention reform in the United States. Based on the two case studies, this chapter presents key lessons and challenges for reforming the use of pretrial detention of children: (1) reducing the use of pretrial detention can go hand in hand with improving public safety; (2) reducing the use of pretrial detention requires the collaborative efforts of policymakers and practitioners on the ground; and (3) disparities and over-representation of minority children in pretrial detention prove to be hard to eliminate and deserve particular attention in reform efforts.
