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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