A/HRC/29/26 out that the sentencing to death of juveniles is not only forbidden under international law but has also been accepted so universally as a serious violation of human rights that it must be considered a norm of jus cogens.33 Life sentences with the possibility of release or parole are also expressly prohibited under international human rights law. 34 72. Judges and prosecutors must also apply the principle of the best interests of the child in the context of pretrial detention. On many occasions, the Special Rapporteur has observed that pretrial detention was the rule rather than the exception, in contradiction of principles of international law. This situation is particularly worrying when children are held in pretrial detention. She therefore calls on the competent authorities to be extremely vigilant when imposing pretrial detention on children, which, as in instances of deprivation of liberty ordered at the end of a trial, they must justify in writing, having shown that they took into account the child’s special needs, rights and best interests. 73. Children are also detained for other reasons than as the result of a criminal trial. This is the case of migrant or asylum-seeking children. Article 9, paragraph 4, of the International Covenant on Civil and Political Rights provides that anyone who is deprived of their liberty by arrest or detention is entitled to have the lawfulness of their detention reviewed before a court. Thus, in exercising this judicial oversight competence, judges also have to take into account the best interests of the child. 4. Criminal sanctions against parents 74. The Special Rapporteur wishes to draw attention to the situation of children whose parents have been sentenced to imprisonment. As recognized by the African Committee of Experts on the Rights and Welfare of the Child, children may face many violations of their rights when their parents or primary care giver come into conflict with the law, including stigmatization by association and harm caused by the separation.35 Children whose parents are imprisoned also often experience deterioration in their living conditions, their relationships with others and their community, and their physical and mental integrity. 75. For this reason, the Bangkok Rules provide that “non-custodial sentences for pregnant women and women with dependent children shall be preferred where possible and appropriate” (rule 64). Article 30 of the African Charter on the Rights and Welfare of the Child states that “special treatment” should be provided to “expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law”. In its general comment No. 1 (2013) on article 30, the African Committee of Experts on the Rights and Welfare of the Child asserted that the provisions of article 30 apply not only to mothers, but also to the primary caregivers, who may be the father, another member of the family or a foster parent. 36 The Special Rapporteur considers that prosecutors, when requesting sanctions against parents—and judges, when imposing such sanctions—have a responsibility to consider not only the individual circumstances of the defendant, but also the best interests of the defendant’s children. 76. Children who are living in prison with their parents, usually their mother, are particularly vulnerable to violations of their right to development, health care, education and recreation. The Special Rapporteur recalls that decisions to allow children to stay with their mothers in prison should always be based on a careful consideration of the best interests of the children that includes an individual analysis of the circumstances of the 33 34 35 36 A/67/279, para. 62. See article 37(a) of the Convention on the Rights of the Child, as well as general comment No. 10; and Human Rights Committee general comment No. 21 (1992) on humane treatment of persons deprived of their liberty. African Committee of Experts on the Rights and Welfare of the Child general comment No. 1 on children of incarcerated and imprisoned parents and primary caregivers, para. 3. Ibid., para. 10. 15