A/HRC/28/29
the Standard Minimum Rules should be expanded to cover all forms of deprivation of
liberty was also being debated.
43.
The Bangkok Rules were useful when considering women offenders. Some
delegations provided examples of good practices in the implementation of the Rules. In one
State, the Bangkok Rules could be invoked to justify alternative measures for women who
had committed an offence but did not represent a serious risk to society. It was noted that,
because the infrastructure of most detention facilities around the world was designed for the
needs of young men, it did not take into account the needs of women; the effects of
imprisonment on them are therefore much harsher. In addition, the imprisonment of women
has a particularly negative impact on the children they care for and their households. In the
view of Ms. Barzanò, the impact from a community point of view is much greater than
when men are put in prison.
44.
An observer from the Friends World Committee for Consultation (Quakers) stated
that it had been demonstrated that children with parents in detention are at a greater risk of
becoming mentally ill and excluded from society. Several delegations stressed the
importance of not separating mothers from their children. Family separation should be
avoided whenever possible, and detainees should be kept in prisons as close to their home
and family as possible. A representative of UNICEF stressed the need to make alternatives
to the deprivation of liberty available for mothers, for example community work or
restorative justice process, while always keeping the best interests of the child in mind.
45.
The specific needs of juveniles in detention were addressed by several delegations.
UNICEF recalled that the incarceration of children should be used as a last resort, and that,
when it is imposed, it should be as short as possible. It added that migrant children are
particularly at risk of being detained; they should not, however, be detained as a
consequence of their parents’ immigration status. The detention of migrant children always
constitutes a violation of the rights of the child, and specific attention should be given to
children’s access to safe places, as well as to legal, social and education services. Defence
for Children International pointed out how the sheer lack of specific quantitative and
qualitative data on children made it more difficult to address the issue of children deprived
of their liberty adequately. The delegation stressed the need for proper studies on children
deprived of their liberty, and suggested that such studies be undertaken by the General
Assembly and be funded voluntarily by United Nations agencies.
46.
Some States described their experience with juveniles in detention. The delegation
of one State deplored the lack of specialized judges and educators to support juvenile
criminal offenders. In the view of one delegation, offenders should be held in non-prison
facilities, run and supervised by government agencies specializing in child protection, to
mitigate the traumatic nature of detention. Another delegation shared the practice of
keeping adolescents with their families as much as possible before moving them to juvenile
correctional centres. The need to maintain contact between juvenile offenders and their
families was stressed by several other delegations.
47.
With regard to the protection of persons belonging to specific groups who are
deprived of their liberty, the dissemination and promotion within the prison system of
different policies focusing on groups, such as women and indigenous people, was presented
as a good practice to follow. Concerning the protection of persons from any at-risk groups
in prison, one delegation stressed that the rights of persons deprived of their liberty are
guaranteed in its Constitution, and that the State was vigilant in the prevention of human
rights violations. UNAIDS called for specific attention to be paid to persons with
HIV/AIDS in detention, and insisted that monitoring mechanisms should include an
assessment of access to HIV prevention, care and support services.
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