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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