A/HRC/21/26 18. The Convention on the Rights of the Child does not contain a definition of the term deprivation of liberty. In its general comment No. 8 on the right to liberty and security of persons, the Human Rights Committee concluded that the term covers all deprivation of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, among others.39 The Havana Rules provide that deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority.40 The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment contains an almost identical definition of deprivation of liberty.41 19. The Convention on the Rights of the Child lays down a clear obligation to reduce the use of deprivation of liberty for children to the minimum possible. It requires that arrest, detention or imprisonment of a child should only be used as a measure of last resort and it should be applied for the shortest appropriate period of time.42 The Havana Rules confirm this obligation and add that deprivation of liberty should be limited to exceptional circumstances.43 20. Rule 17 of the Beijing Rules provides that restrictions on the personal liberty of children shall be imposed only after careful consideration and shall be limited to the possible minimum; that deprivation of liberty of children should not be imposed except for serious offences and unless there is no other appropriate response; that the reaction shall always be in proportion not only to the circumstances and the gravity of the offence, but also to the circumstances and the needs of the child as well as of society; and that the wellbeing of the child shall be a guiding factor in the consideration of his or her case. Procedural safeguards 21. Article 37 of the Convention on the Rights of the Child defines the standards and procedural safeguards applicable to cases where children are deprived of their liberty. In line with article 9, paragraph 1, of the International Covenant on Civil and Political Rights,44 the Convention prohibits unlawful and arbitrary arrest, detention and imprisonment of a child. Furthermore, it establishes that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance when deprived of liberty, as well as the right to challenge the legality of deprivation of liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.45 In cases where a child is detained, her or his parents or guardian shall be immediately notified. 46 Moreover, the Havana Rules and the Standard Minimum Rules for the Treatment of Prisoners provide additional guidelines on the 39 40 41 42 43 44 45 46 Human Rights Committee, general comment No. 8, para. 1. Rule 11 (b), Havana Rules. Art. 4, para. 2, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Art. 37 (b), Convention on the Rights of the Child; rules 17.1(b) and 19.1, Beijing Rules. Rule 2, Havana Rules. Art. 37 (b), Convention on the Rights of the Child. Art. 37 (d), ibid. Rule 10.2, Beijing Rules; rule 92, Standard Minimum Rules for the Treatment of Prisoners. 7