Not a month goes by without news about children and young people in jails and prisons mistreatment of young people in a penitentiary.
New parliamentary inquiry sheds light on this abuse. It examines whether juvenile detention centers comply with human rights conventions for youngsters and whether or not they meet minimum standards of care.
This inquiry is a chance to contemplate alternatives to keeping young people in detention that support and rehabilitate children and young individuals who break the law. This is very essential for people with disabilities related to brain function (neurodisability), e.g fetal alcohol spectrum disorder (FASD).
FASD is a neurodevelopmental disability. It is brought on by exposure to alcohol before birth, which damages the brain. We do not have data on the prevalence of this disease in the general Australian population, but we do find out about it affects children from all demographic groups.
Here’s what we find out about incarcerating children and young people with FASD – and what we will do as a substitute.
Imprisonment of youngsters from the age of 10
Children up to 10 years old will be held in prison Australia.
But prison is not the solution to youth crime. Unattended confinement will be damaging and empowering disadvantage.
Young people’s brains experience a period of rapid development between the ages of 10 and 14 and are unable to make complex moral decisions.
Children and adolescents with FASD can have cognitive disorders affecting the ability to think, learn, make decisions and remember, or have mental disabilities. Their mental age may subsequently be much lower than their chronological age.
FASD makes it obscure
FASD affects the motivation of youngsters and adolescents before committing against the law and their ability to know the consequences.
Due to brain damage, children and adolescents with FASD they are often impulsive, easily misled and unable to differentiate between good and evil. They may not learn from past experiences.
When they work in the justice system, they will be suggested. Poor memory may make it difficult for them to supply reliable witness testimony. Due to poor language and communication skills, they might misunderstand court orders, which can result in non-compliance.
The prevalence of FASD is high amongst young people in… youth justice system. It is estimated that one in three prisoners in Australia suffers from FASD. But many teenagers who come into contact with the justice system do undiagnosed FASD and complicated needs.
Internationallythere are young people with FASD 19 times are more prone to be imprisoned than people without FASD.
Diverting youth from prison
The Productivity Commission 2024 a report on government services found that diversion programs reduce youth re-offending.
Diversion programs have also been found to be significantly cheaper than imprisonment. In 2022-23, the average cost for every teenager on community supervision was A$305 per day compared with A$2,827 per day for teenagers in custody.
In Report for 2024National Children’s Commissioner Anne Hollonds has really useful expanding evidence-based youth justice diversion programs:
Tragically, by failing to deal with the rights of those children early on and as a substitute taking a punitive approach to their offences, we are essentially criminalizing a few of the most vulnerable children in Australia.
So what do these programs seem like?
Many countries have moved from a criminal justice system to a social welfare system that is especially suited to adolescents with disabilities reminiscent of FASD.
Ireland in 2017 it abolished imprisonment for youngsters under 18 years of age. Children under 18 can now be sent to kid’s correctional centers which have game rooms and bedrooms as a substitute of cells.
Scotland closed its youth prisons in 2024.
Spain has long been using the so-called hospital approach. Youth live in a therapeutic environment surrounded by compassionate contact with professionally trained staff.
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Successful Australian initiatives are underpinning a brand new youth justice model.
The Yiriman projectfor instance, it’s run by Elders near Fitzroy Crossing in Western Australia, where the incidence of FASD is high. The project brings Aboriginal young people liable to crime to distant country to interact in culturally based activities, reminiscent of helping indigenous rangers take care of the country. A 3-year review of the Yiriman project showed positive results for Aboriginal youth with FASD.
Research shows that it is incredibly necessary for Aboriginal and Torres Strait Islander people are involved in design any programs that impact their communities.
Early detection to stop re-offending
Early identification of FASD enables children to receive appropriate intervention and support to enhance their social and emotional well-being. This can prevent them from re-offending and improve their life trajectory.
FASD rankings are available in the country. Support services for young people with FASD aim to enhance their health and well-being, address secondary disabilities and reduce exposure to risks reminiscent of substance use.
For young individuals who have offended, intensive social activities support programs improve young people’s access to education, life skills and access to healthcare. Therapeutic and diversion activities also can strengthen family relationships, which are crucial to successful community reintegration.
What must occur next?
Governments must put money into evidence-based diversion programs children and adolescents who commit serious crimes.
These programs provide rehabilitation and support and are effective, compassionate and cost-effective.
Governments also have to urgently upskill justice staff to enhance the recognition and assessment of young people with FASD and other neurodevelopmental conditions.
Early identification and understanding of young people with challenges reminiscent of FASD and cognitive impairment will improve young people’s health and mental health, prevent youth crime and profit society.