A/HRC/30/37
safeguards, including disclosure of the reasons for the detention and the right to
defend oneself, including by means of legal counsel;
(c)
Where a decision to detain a person subject to administrative detention
is maintained, the necessity of the detention must be periodically reviewed by a court
or administrative board that offers the necessary guarantees of independence and
impartiality, and the processes of which include and respect fundamental procedural
safeguards;
(d)
Where an internment regime is established, it shall be consistent with
international human rights law and international humanitarian law applicable to non international armed conflict to allow full compliance with the right to bring
proceedings before a court.
Guideline 18
Specific measures for children
97.
Diversion and alternative measures to the deprivation of liberty, where appropriate,
are to be used and given priority. The right to legal and other appropriate assistance is to be
ensured so that deprivation of liberty is a measure of last resort and only applied for the
shortest appropriate period of time.
98.
A safe, child-sensitive environment should be established for children deprived of
their liberty. Detained children should be treated with dignity and respect, and in a manner
that takes into account any element leading to vulnerability, in particular with regard to
girls, younger children, children with disabilities, non-nationals, including migrants
regardless of their migration status, refugees and asylum-seeking children, stateless
children, trafficked children or children at risk of being trafficked, children from minority,
ethnic or indigenous groups and lesbian, gay, bisexual, transgender or intersex children.
99.
Effective mechanisms shall be in place to verify the age of persons deprived of their
liberty. Assessments are to be conducted in a scientific, safe, child- and gender-sensitive
and fair manner, avoiding any risk of violation of the physical and psychological integrity
of the child, and giving due respect to human dignity. Prior to the outcome of an
assessment, individuals should be accorded the benefit of the doubt such that they are
treated as a child. In the event of remaining uncertainty following the outcome of an
assessment such that there is a possibility that the individual is a child, she or he should be
treated as a child.
100. To ensure that children have prompt and effective access to an independent and
child-sensitive process to bring proceedings before a court to challenge the arbitrariness and
lawfulness of their detention and to receive without delay appropriate and accessible
remedies, the following specific measures shall be enacted:
(a)
All legislation, policies and practices related to children deprived of
liberty and their right to bring proceedings before a court are guided by the right of
the child to have his or her best interests taken as a primary consideration;
(b)
Legal or other appropriate assistance, including interpretation, is
provided to children deprived of liberty free of charge in all proceedings;
(c)
Children who are deprived of their liberty for any reason are able to
contact their parents or guardians immediately and are able to consult freely and in
full confidentiality with them. It is prohibited to interview such a child in the
absence of his or her legal counsel, and parent or guardian, when available;
(d)
Information on rights is to be provided in a manner appropriate for the
child’s age and maturity, in a language and a means, mode or format that the child
22
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