A/HRC/21/25 4. Ensuring that the deprivation of liberty is a measure of last resort 75. Every child arrested and deprived of liberty should be brought before a competent authority to examine the legality of this deprivation of liberty within 24 hours. Pretrial detention should be reviewed regularly, preferably every two weeks. States should introduce the legal provisions necessary to ensure that the court/juvenile judge or other competent body makes a final decision on the charges not later than six months after they have been presented. 76. States should ensure that, upon the apprehension of a child, his or her parents or guardian are immediately notified, and, where immediate notification is not possible, the parents or guardian must be notified within the shortest possible time thereafter. Moreover, States need to guarantee that children deprived of their liberty shall have the right to prompt access to legal and other appropriate assistance. 77. All the guarantees of due process of law should be observed at all stages of a judicial process, including multidisciplinary support by social workers, probation officers or other suitable persons who can liaise with family and community and identify community-based alternatives to detention. 78. In addition, States must prohibit all forms of inhuman sentencing against children, including the death penalty, life imprisonment without the possibility of parole, and the use of corporal punishment, such as stoning, flogging, whipping or caning. 5. Ensuring that, when deprivation of liberty is absolutely necessary, conditions of detention and the treatment of children respect the dignity and special needs of the child, and minimize the risk of violence 79. With the objective of promoting effective rehabilitation and reintegration of children into society, States should ensure through legislation, policy and procedures that children deprived of liberty have access to quality services such as health care, medical treatment, education, vocational training, and recreational activities. States should also ensure that children have the right to maintain contact with their family through correspondence and visits from the moment they are arrested. Detention facilities authorities should institute measures to meet the protection needs of special categories of children, including girls. To achieve such purpose, States should develop policies related to minimum standards for the treatment of children in detention based on the international legal framework concerning juvenile justice. 80. States should ensure that when deprived of their liberty, children are separated from adults, and girls separated from boys. 81. States should provide for a lawful disciplinary system, in compliance with the principles of positive discipline and restorative justice approaches, which prohibits the use of torture or other cruel, inhuman or degrading treatment or punishment, including the use of isolation or solitary confinement, and the use of restraints or force, except in specified exceptional circumstances. 82. States should establish clear procedures for responding to self-harm and clear rules for supervision and other necessary measures where a child is considered a suicide risk. There should be individualized treatment plans for each child, taking into consideration their effective and long-lasting rehabilitation and reintegration. 16

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