TRISTAN'S MOON

SOLITARY CONFINEMENT vs. IN THE BEST INTERESTS OF THE CHILD

we don’t need kid prisons with solitary confinement

solitary confinement is cruel and usual punishment/ the status quo/ hide it so far up our guts, it no longer exists/ we do not need those blood on the wall rooms/ we need rooms where we can sit around the table/ we need rooms with big windows so we can look out even if all we ever see is concrete/ solitary confinement must go back into the historical cave it walked out of/


  • In June 2013, the U.S. Senate passed an immigration reform bill, which included a provision introduced by Senator Richard Blumenthal (D-CT) to restrict the use of solitary confinement in immigration detention for particularly vulnerable populations.
  • In September 2013 the U.S. Immigration and Customs Enforcement (ICE) issued a directive which could significantly improve federal oversight of immigration detention facilities’ use of solitary confinement.

NATIONAL IMMIGRANT JUSTICE CENTER (NIJC); SEPT 5, 2013

The ICE directive requires all detention facilities that contract with ICE, to report cases in which individuals are held in solitary confinement within a certain time period. The directive explicitly states that solitary confinement should be used only as a last resort, and that release from detention should be considered for individuals who are not subject to mandatory custody laws. In addition, the directive includes special reporting requirements for vulnerable populations, including people with mental illnesses; severe medical illnesses or disabilities; pregnant or nursing women; elderly individuals; and those susceptible to harm due to their sexual orientation, gender identity or because they have been victims of sexual assault.

“We are concerned that the new directive does not eliminate the use of extended solitary confinement, and that the reporting period exceeds the 15 days which the United Nations Special Rapporteur on Torture has observed can have detrimental and irreversible effects on individuals’ mental health,” said NIJC Executive Director Mary Meg McCarthy.

ICE released the directive following two national surveys of facilities’ use of solitary confinement over the past year. The first survey resulted from a 2012 investigation by NIJC and Physicians for Human Rights (PHR) which revealed that ICE detention facilities frequently misused solitary confinement against people held for civil immigration purposes, and that the federal government had no way of tracking it. NIJC and PHR’s report Invisible in Isolation found that facilities frequently used solitary confinement as an unnecessarily harsh punishment or against individuals who tried to assert their rights, and with alarming frequency as a form of “protective custody” for vulnerable people whose wellbeing the facility could not ensure in the general population.

CONFLICT: A serious disagreement or argument, typically a protracted one. An incompatibility between two or more opinions, principles, or interests. A condition in which a person experiences a clash of opposing wishes or needs. A prolonged armed struggle. Origin: late Middle English: from Latin conflict- 'struck together, fought', from the verb confligere, from con- 'together' + fligere 'to strike'; the noun is via Latin conflictus 'a contest'.

MANDATORY REPORTING LAWS/POLICIES

Mandatory reporting laws and/or policies that require individuals and professionals to report sexual violence cases, have led to a lack of research to advance knowledge of and services for young male survivors.  Mandatory reporting laws and/or policies create dilemmas for collectors of information about sexual violence because they lead to potential conflict with key ethical principles, namely, respect for confidentiality, respect for autonomy and the need to protect chronically vulnerable young people from further trauma and abuse.

BEST INTERESTS PRINICIPAL
Best interests operates as an empty vessel into which adult perceptions and prejudices are poured (Hillary Rodham, Children Under the Law, 43 Harv. Ed. Rev. 487, 513 (1973)).


“In the best interest of the child”
is a popular phrase used by Social Workers, Child Protection Services and Family Court Judges. It was originally a slogan designed by Hitler’s social engineers.

Website Builder