(time limit 20 minutes)
Inhumane, discriminatory and ineffective… The ‘Mosquito Device’ is an alarm that emits a high-frequency sound that can only be heard by people under the age of 25. We believe that the mosquito device should not be used against young people and believe that its use should be prohibited.
Mosquito alarms are strategically placed outside of buildings where anti-social gatherings are known to take place. The purpose of its presence is to disperse groups of young people and to prevent loitering around buildings.
It has come to our attention that there is a mosquito device in operation in the Shaw and Crompton ward. Its presence has been highlighted to the Youth Council directly from young people and has been an issue that has been raised on social media.
We believe these devices are unjust as they specifically target young people regardless of their behaviour. It therefore threatens the fundamental human rights of young people and in our opinion, alongside that of the Council of Europe, we believe the use of the device also breaches the UN Convention on the Rights of a Child ‘Article 37’ (Inhumane Treatment and Detention)1
The device is incapable of differentiating between those who are anti-social and those who are not, causing a breach of ‘Article 15’ of the UN Convention on the Rights of a Child (Freedom of Association)2. The right entitles children and young people to assemble freely and without restriction if doing so peacefully, which the mosquito alarm prohibits without inflicting “torture”3.
We understand that anti-social behaviour is an issue that should always be challenged; we also know that young people are not the only demographic who are involved in anti-social behaviour. Using these devices is not a proportionate response to loitering as groups causing a nuisance can simply move somewhere else. The use of the device doesn’t effectively tackle the issue, it simply moves it elsewhere. There are other more effective interventions that can have a longer term impact.
We understand that Oldham Council already has a framework in place to control the use of these devices however we propose that this is reviewed and a policy agreed to reduce the risk of discrimination of young people.
Appendix:
1) Article 37:
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
(Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age)
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.
In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
(Reference: Unicef - http://www.unicef.org.uk)
2) Article 15:
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
(Reference: Unicef - http://www.unicef.org.uk)
3) Torture:
Definition:
Noun.The action or practise of inflicting severe pain on someone as a punishment or in order to force them to do or say something.
(Reference: Oxford English Dictionary - “ http://www.oxforddictionaries.com/derfinition/english/torture”)
Minutes:
Youth Councillors TJay Turner, Saadiqah Begum and Marouf Ahmed
spoke on the following Motion:
“Inhumane, discriminatory and ineffective… The ‘Mosquito Device’ is an alarm that emits a high-frequency sound that can only be heard by people under the age of 25. We believe that the mosquito device should not be used against young people and believe that its use should be prohibited.
Mosquito alarms are strategically placed outside of buildings where anti-social gatherings are known to take place. The purpose of its presence is to disperse groups of young people and to prevent loitering around buildings.
It has come to our attention that there is a mosquito device in operation in the Shaw and Crompton ward. Its presence has been highlighted to the Youth Council directly from young people and has been an issue that has been raised on social media.
We believe these devices are unjust as they specifically target young people regardless of their behaviour. It therefore threatens the fundamental human rights of young people and in our opinion, alongside that of the Council of Europe, we believe the use of the device also breaches the UN Convention on the Rights of a Child ‘Article 37’ (Inhumane Treatment and Detention)1
The device is incapable of differentiating between those who are anti-social and those who are not, causing a breach of ‘Article 15’ of the UN Convention on the Rights of a Child (Freedom of Association)2. The right entitles children and young people to assemble freely and without restriction if doing so peacefully, which the mosquito alarm prohibits without inflicting “torture”3.
We understand that anti-social behaviour is an issue that should always be challenged; we also know that young people are not the only demographic who are involved in anti-social behaviour. Using these devices is not a proportionate response to loitering as groups causing a nuisance can simply move somewhere else. The use of the device doesn’t effectively tackle the issue, it simply moves it elsewhere. There are other more effective interventions that can have a longer term impact.
We understand that Oldham Council already has a framework in place to control the use of these devices however we propose that this is reviewed and a policy agreed to reduce the risk of discrimination of young people.
Appendix:
1) Article 37:
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
(Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age)
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.
In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
(Reference: Unicef - http://www.unicef.org.uk)
2) Article 15:
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.
(Reference: Unicef - http://www.unicef.org.uk)
3) Torture:
Definition:
Noun.The action or practise of inflicting severe pain on someone as a punishment or in order to force them to do or say something.
(Reference: Oxford English Dictionary - “ http://www.oxforddictionaries.com/derfinition/english/torture”)”
Councillor Fielding spoke in support of the Motion.
It was MOVED by Councillor McMahon and SECONDED by Councillor Williamson that under the Council’s Constitution - Part 4 - Rules of Procedure - Rule 8.4d this motion be referred to a future meeting of the Overview and Scrutiny Board to which representatives of the Youth Council would be invited to attend.
On being put to the VOTE this suggestion was AGREED UNANIMOUSLY.
RESOLVED that the Motion be referred to a future meeting of Overview and Scrutiny Board to which representatives of the Youth Council would be invited to attend.