Judge says director’s unilateral decision breached international child rights conventions

WILLEMSTAD - The Juvenile Justice Institution Curaçao (JJIC) acted unlawfully when it placed a 14-year-old boy in long-term solitary confinement without judicial approval, a judge has ruled. The court stated that the director’s decision violated both Curaçaoan law and international human rights conventions.

The case involved a 14-year-old detainee who was already housed at the JJIC. The institution decided to move him to the closed ward, citing “unmanageable behavior.” However, the director made this decision independently — without the authorization of a judge.

Violation of Child Rights

The judge determined that such a move constitutes a deprivation of liberty, which under Curaçaoan and international law can only be ordered by a court.

The boy was kept in the closed section from October 22, 2025, for one week. During that time, he was allowed outside for only one hour per day, could not watch television, and had minimal contact with other minors.

The court described these conditions as “unacceptable”, stating that they breached the United Nations Convention on the Rights of the Child and the European Convention on Human Rights.

Emergency Confinement Was Permitted—But Not Prolonged Detention

JJIC had previously received permission twice to confine the boy for 24 hours due to emergency circumstances. However, extending that confinement beyond the emergency period required renewed judicial approval — which the institution failed to seek.

The judge ordered JJIC to always contact the court — even by email or phone — before placing a minor in long-term isolation in the future.

Court Acknowledges Challenges, But Rejects Excuses

While the court recognized that JJIC faces serious operational challenges, including staff shortages and safety concerns, it ruled that these do not justify acting outside the law.

“The protection of children’s rights must remain paramount,” the judge emphasized, calling the director’s unilateral action a serious breach of legal and ethical standards.

The ruling is expected to prompt closer oversight of the JJIC and renewed discussion about the treatment of minors within Curaçao’s juvenile justice system.