Seeking Reform in the United States Juvenile Justice System

The United States is the only country that has not ratified the United Nations Convention on the Rights of the Child. This has resulted in a stark contrast between the U.S. juvenile justice system and the principles outlined in the convention, leading to human rights violations. Human rights activists continue to push for reform in the juvenile justice system.

A History of Youth Incarceration 

The United States, a country recognized as a beacon of democracy and freedom around the world, faces a glaring contradiction: the over-imprisonment of its youth. Since Somalia and South Sudan’s ratification of the United Nations Convention on the Rights of the Child (UNCRC) in 2015, the United States remains the only country in the world that has yet to ratify the convention. Although there is some political opposition to the convention, one core issue is that no U.S. President has submitted the convention to the Senate. 

While the U.S. does have many protections in place for children that overlap with the UNCRC, there are also areas where it falls short. One example of this is Article 40 of the UNCRC which states that a minimum age of criminal responsibility should be established. The U.S. does not have a federal age of minimum responsibility. Legislation and procedures regarding juvenile detention are left to the discretion of the state, with no federal standard. For example, California is the only state in which a 16-year-old cannot be charged as an adult. On the other hand, 13 states have no minimum age for a child to be tried as an adult. When a child is charged as an adult, they may be automatically transferred to an adult prison or jail if they were not already being held in one. 

General comment No. 24 provides further provisions to the UNCRC, specifically relating to the rights of the child in the justice system. Detention of minors (persons under 18) in adult prison goes directly against the provisions in general comment No. 24 as well as exposing the minors to human rights abuses. Point 92 in general comment No. 24 states that “Every child deprived of liberty is to be separated from adults, including in police cells. A child deprived of liberty is not to be placed in a center or prison for adults.” According to the most recent data from 2021, there were over 2,200 persons aged 17 or below being held in adult jails or prisons in the United States. 

Human Rights Violations 

Children being held in jails or prisons with adults are much more likely to experience human rights abuse and violence as well. According to the Prison Rape Elimination Act, passed in 2003, “Juveniles are 5 times more likely to be sexually assaulted in adult rather than juvenile facilities.” This statistic is a violation of Article 19 of the UNCRC, “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence … including sexual abuse.” The continual detention of juveniles in adult facilities despite evident dangers is an example of the State Parties knowingly exposing juveniles to potential human rights abuses. 

Beyond detention in adult facilities, detention in general can deprive a child of their human rights, especially when it is the first resort. General comment No. 24 suggests multiple times that detention should be used as a last resort. It is recommended that every resource should be exhausted before arrest, including guidance and rehabilitation. Instead, children in the United States are often removed from their families and education, arrested, and put into detention facilities. On top of this, juveniles in certain states may still be charged with a life sentence, with or without the possibility of parole, and even face time in solitary confinement. The immediate leap to arresting and charging juveniles often leads to reoffending after release due to poor facility conditions and lack of rehabilitation. 

Seeking Reform 

With such grim policies and legislation, many activists and non-profit organizations have taken on the role of advocating for reform in the United States’ juvenile justice system at the federal and state levels. At the federal level, many continue to advocate for the ratification of the UNCRC. However, a large part of advocacy is done at the local level, given that each state has its own legislation. 

Even without the federal ratification of the UNCRC, there is hope that parts of it can be implemented at the state level. Douglas Keillor, founder and executive director of Juvenile Justice Advocates International stated in an interview with the author, “There is a real gap between the human rights guarantees in the Convention on the Rights of the Child and the reality of most countries' juvenile justice systems … Filling that gap is why I started JJAI.” Within his work, Keillor is seeking to reform the Minnesota juvenile justice system. He hopes not only to make changes in the Minnesota juvenile justice system but to create a universal reform model that can be used by activists in all states.

Organizations like Juvenile Justice Advocates International, who carry out painstaking advocacy work and collaborate with community members, are the future of reform not only locally, but federally and internationally. There have been recent strides made in the right direction of juvenile justice reform. In May of 2023, “Minnesota became the latest state to ban sentencing minors to life without parole, making it the 29th US jurisdiction to outlaw the policy” (Boateng, 2023). It is the work of previously mentioned activists and organizations that inspires real, tangible change. 

The views, thoughts and opinions expressed in this blog are the author’s only and do not reflect an official position of the University of Minnesota, the Human Rights Program, or the College of Liberal Arts. As an institution of higher education that values and promotes free speech, civil discourse, and human rights we welcome a variety of perspectives and opinions from our student contributors that are consistent with these values.