A/HRC/29/26 66. It is essential to remember that all processes in which a child is heard and participates must be voluntary, transparent, informative and respectful, be set in a childfriendly environment and use child-sensitive methods.26 3. Deprivation of liberty and other types of sanctions 67. As seen above, because of their unique vulnerability, children in conflict with the law require higher standards and broader safeguards to be applied to them, particularly at the sentencing stage in criminal proceedings. For instance, the Human Rights Committee recognized that article 24, paragraph 1, of the International Covenant on Civil and Political Rights, which grants children the right to special protection measures owing to their status as minors, “entails the adoption of special measures to protect the personal liberty and security of every child, in addition to the measures generally required by article 9 for everyone”.27 68. While criminal sanctions can encompass a broad range of measures, the Special Rapporteur is particularly concerned about the situation of children deprived of their liberty as a result of a criminal trial. Indeed, in a recent report, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment highlighted that “children deprived of their liberty are at a heightened risk of violence, abuse and acts of torture or cruel, inhuman or degrading treatment or punishment”. He further stated that “even very short periods of detention can undermine a child’s psychological and physical well-being and compromise cognitive development. Children deprived of liberty are at a heightened risk of suffering depression and anxiety, and frequently exhibit symptoms consistent with post-traumatic stress disorder”.28 Finally, he noted that a number of studies had shown that, “regardless of the conditions in which children are held, detention has a profound and negative impact on child health and development”.29 69. According to the Havana Rules, deprivation of children’s liberty should be limited to exceptional cases. The Convention on the Rights of the Child requires that a child may be deprived of his or her liberty only as a measure of last resort and for the shortest period of time possible (art. 37). It further stipulates that any decision to deprive a child of liberty must be subject to periodic review of its continuing necessity and appropriateness.30 Finally, “the best interests of the child must be a primary consideration in every decision to initiate or continue the deprivation”.31 70. It is essential, therefore, that judges in particular, but also prosecutors, be aware of the specific negative effects the criminal sanctions they can order may have on children, in particular sanctions involving deprivation of liberty. Prosecutors and judges must primarily consider the best interests of the child when requesting and imposing sanctions on children and this includes making an individual analysis of the circumstances of both the offence and the child. Prosecutors and lawyers should always first consider alternative measures to detention, such as care, guidance and supervision orders, counselling, probation, foster care, education and vocational training programmes, to ensure that children are treated with full respect for their needs and rights, as well as for their well-being and development.32 71. The Special Rapporteur wishes to recall that some types of sanctions are forbidden under international law when it comes to their application to persons who were children at the time of the offence. She concurs with the Special Rapporteur on torture, who pointed 26 27 28 29 30 31 32 14 Committee on the Rights of the Child general comment No. 12, para. 134. Human Rights Committee general comment No. 35 (2014) on liberty and security of person, para. 62. A/HRC/28/68, para.16. Ibid., para 33. See also Human Rights Committee general comment No. 35, para. 62. Ibid., para. 62. See article 40 of the Convention on the Rights of the Child.

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