A/HRC/21/26 treatment of children under arrest or awaiting trial. 47 In general, accused persons must be treated in a manner that takes into account their status as non-convicted persons.48 Conditions of detention 22. International norms and standards lay down a set of rules and standards regulating the conditions of detention and treatment of children. It should be noted that all persons, adults as well as children, deprived of their liberty are entitled to be treated with humanity and respect for the inherent dignity of the human person.49 Article 37 (c) of the Convention on the Rights of the Child further provides that children have to be treated in a manner which takes into account their special needs. 23. In its general comment No. 21 on article 10 of the International Covenant on Civil and Political Rights, the Human Rights Committee points out that the respect for the dignity of persons deprived of their liberty must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty shall enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in a closed environment. 50 The Havana Rules provides that children deprived of their liberty shall not for any reason related to their status be denied the civil, economic, political, social or cultural rights which they are entitled under national or international law, and which are compatible with the deprivation of liberty.51 24. The International Covenant on Civil and Political Rights 52 and the Convention on the Rights of the Child53 require that children be separated from adults.54 Moreover, accused and convicted persons55 as well as boys and girls should be separated.56 The only permitted exception is laid down in article 37 (c) of the Convention of the Rights of the Child in cases where it is in the best interest of the child speaks not to proceed to such separation. However, according to the Committee on the Rights of the Child, this exception should be interpreted narrowly.57 25. The International Covenant on Economic, Social and Cultural Rights recognizes the right of everyone to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions. 58 Likewise, the 47 48 49 50 51 52 53 54 55 56 57 58 8 Rules 17 and 18, Havana Rules; rules 84-93 Standard Minimum Rules for the Treatment of Prisoners. Art. 10 , para. 2(a), International Covenant on Civil and Political Rights; see also art. 11, Universal Declaration of Human Rights; art. 40, para. 2 (b)(i), Convention on the Rights of the Child; art. 14(2), International Covenant on Civil and Political Rights; rule 17, Havana Rules; rule 84(2), Standard Minimum Rules for the Treatment of Prisoners. Arts. 37 (c) and 40, para. 1, Convention on the Rights of the Child; art. 10(1) and (3), International Covenant on Civil and Political Rights; art. 2, para. 2, International Covenant on Economic, Social and Cultural Rights; rule 12, Havana Rules; principle 1, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; rule 1, Basic Principles for the Treatment of Prisoners. Human Rights Committee, general comment No. 21, para. 3. Rule 13, Havana Rules. Art. 10, para. 2, International Covenant on Civil and Political Rights. Art. 37 (c), Convention on the Rights of the Child. Rule 29, Havana Rules; rules 13.4 and 26.3, Beijing Rules; rule 8(d), Standard Minimum Rules for the Treatment of Prisoners. Art. 10, para. 2 (a), International Covenant on Civil and Political Rights; rule 17, Havana Rules; rule 8(b), Standard Minimum Rules for the Treatment of Prisoners; principle 8, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Rule 8 (a), Standard Minimum Rules for the Treatment of Prisoners. Committee on the Rights of the Child, general comment No 10. Art. 11, para. 1, International Covenant on Economic, Social and Cultural Rights.

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