A/HRC/21/26
29.
Contact with the outside world and the wider community has to be allowed and
made possible, which constitutes an integral part of the right to a fair and humane treatment
and is essential to the preparation of children for their return to society. 71 Article 9,
paragraph 3, of the Convention on the Rights of the Child contains the right to maintain
personal relations and remain in contact with parents in case a child is separated from one
or both parents.72
Protection safeguards
30.
In order to prevent violations of the rights of children deprived of their liberty, States
are required to establish certain safeguards. Upon admission to a detention facility, children
have to be registered and records have to be kept. 73 Request and complaint mechanisms, 74
as well as regular and independent systems of inspection have to be in place. 75 The
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment provides that States shall maintain, designate or
establish one or several independent national preventive mechanisms for the prevention of
torture.76 The Havana Rules further require that qualified inspectors who do not belong to
the administration of the facility should enjoy full guarantees of independence and should
be able to conduct inspections on a regular basis as well as have the possibility to undertake
unannounced inspections. Unrestricted access to all persons working in the facility, all
children deprived of their liberty and all records of such facilities should be granted. 77
Moreover, supervisory bodies should include medical officers as well as women
members.78
Disciplinary measures
31.
The Convention on the Rights of the Child places the general duty on States to take
all measures to protect children from all forms of physical and mental violence, injury or
abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse,
while in the care of parents, legal guardians or any other person who has the care of the
child.79 The protection of children from harm also includes the right to have their privacy
respected when deprived of their liberty.80
71
72
73
74
75
76
77
78
79
80
10
Rules 59 to 62, Havana Rules; rules 37-39, 79-81, Standard Minimum Rules for the Treatment of
Prisoners; principles 15 and16 and 19, Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment.
See also Human Rights Committee, general comment No. 21 (1992).
Rules 19, 21, 23, 24, 27 and 70, Havana Rules; rule 21, Beijing Rules; rule 7, Standard Minimum
Rules for the Treatment of Prisoners; principle 12, Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment; Rules 2 and 3, Bangkok Rules.
Rules 69, 75-78, Havana Rules; rule 36, Standard Minimum Rules for the Treatment of Prisoners;
principle 33, Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment.
Arts 3 and 4, parts III and IV, Optional Protocol to the Convention Against Torture; rules 72-74,
Havana Rules; rule 55, Standard Minimum Rules for the Treatment of Prisoners; principle 29, Body
of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
Article 17, Optional Protocol to the Convention against Torture or Other Cruel, Inhuman or
Degrading Treatment or Punishment.
Rule 72, Havana Rules.
Rule 73, ibid; rule 25, Bangkok Rules.
Art. 19, Convention on the Rights of the Child.
Arts.16 and 40, para. 2 (b)(vii), Convention on the Rights of the Child; rule 8, Beijing Rules.
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