A/HRC/31/57
carry out child-rearing responsibilities and make special provisions for mothers prior
to admission to allow for alternative childcare arrangements; and allow children to
maintain personal relations and direct contact with mothers in detention;
(o)
When the detention of children with their mothers in prison is
unavoidable,implement effective safeguards, including regular monitoring and review
of every case to ensure that the children are never treated like prisoners; ensure that
the full range of the children’s needs, whether medical, physical, psychological or
educational, including living conditions that are adequate for a child’s development,
are guaranteed in practice;
(p)
When the detention of girls is unavoidable, design and implement
distinct, child-centred policies and practices, inclusive of properly trained and
sensitized personnel; and ensure the provision of comprehensive assistance, protection
and services, including by the development of specialized child and gender units
designed to address the special needs of girls in detention;
(q)
Ensure that migrants, refugees and asylum seekers are individually
assessed, including with respect to their need for protection, and that adequate
screening and assessment procedures are in place to identify victims of torture and illtreatment; provide opportunities for safe, voluntary and dignified disclosure of
lesbian, gay, bisexual, transgender and intersex status; and ensure that measures
taken by migration authorities do not retraumatize victims;
(r)
In the context of administrative enforcement of immigration policies,
ensure that detention is used only as a last resort and in exceptional circumstances;
and comply with the absolute prohibition of refoulement at all times, with special
attention to prospective situations of gender-based discrimination and violence that
women, girls, and lesbian, gay, bisexual, transgender and intersex persons may face;
(s)
Take individuals’ gender identity and choice into account prior to
placement and provide opportunities to appeal placement decisions;
(t)
Ensure that protective measures do not involve the imposition of more
restrictive conditions on lesbian, gay, bisexual, transgender and intersex persons than
on other detainees;
(u)
Guarantee all transgender detainees the choice of being searched by male
or female officers;
(v)
Ensure the physical and mental integrity of detainees at all times and
prevent, investigate, prosecute and punish all acts of violence, harassment and abuse
by staff members or other prisoners, at all times;
(w) Set up operational protocols, codes of conduct, regulations and training
modules for the ongoing monitoring and analysis of discrimination against women,
girls, and lesbian, gay, bisexual and transgender persons with regard to access to all
services and rehabilitation programmes in detention; and document, investigate,
sanction and redress complaints of imbalance and direct or indirect discrimination in
accessing services and complaint mechanisms;
(x)
Monitor and supervise all places of detention in a gender-sensitive
manner and ensure that allegations of abuse are effectively investigated and
perpetrators brought to justice; and ensure the availability of adequate, speedy and
confidential complaint mechanisms in all places of detention;
(y)
Ensure that all places of detention are subjected to effective oversight
and inspection and unannounced visits by independent bodies established in
conformity with the Optional Protocol to the Convention against Torture, as well as
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