A/HRC/30/37
migration status, asylum seekers and refugees, internally displaced persons, stateless
persons and trafficked persons or persons at risk of being trafficked.
Principle 18
Specific measures for children
34.
Children may only be deprived of their liberty as a measure of last resort and for the
shortest possible period of time. The right of the child to have his or her best interests taken
as a primary consideration shall be paramount in any decision-making and action taken in
relation to children deprived of their liberty.
35.
The exercise of the right to challenge the arbitrariness and lawfulness of the
detention of children shall be prioritized and accessible, age-appropriate, multidisciplinary,
effective and responsive to the specific legal and social needs of children.
36.
The authorities overseeing the detention of children shall ex officio request courts to
review the arbitrariness and lawfulness of their detention. This does not exclude the right of
any child deprived of his or her liberty to bring such proceedings before a court in his or her
own name or, if it is in his or her best interests, through a representative or an appropriate
body.
Principle 19
Specific measures for women and girls
37.
Appropriate and tailored measures shall be taken into account in the provision of
accessibility and reasonable accommodation to ensure the ability of women and girls to
exercise their right to bring proceedings before a court to challenge the arbitrariness and
lawfulness of detention and to receive without delay appropriate and accessible remedies.
This includes introducing an active policy of incorporating a gender equality perspective
into all policies, laws, procedures, programmes and practices relating to the deprivation of
liberty to ensure equal and fair access to justice.
Principle 20
Specific measures for persons with disabilities
38.
Courts, while reviewing the arbitrariness and lawfulness of the deprivation of liberty
of persons with disabilities, shall comply with the State’s obligation to prohibit involuntary
committal or internment on the grounds of the existence of an impairment or perceived
impairment, particularly on the basis of psychosocial or intellectual disability or perceived
psychosocial or intellectual disability, as well as with their obligation to design and
implement de-institutionalization strategies based on the human rights model of disability.
The review must include the possibility of appeal.
39.
The deprivation of liberty of a person with a disability, including physical, mental,
intellectual or sensory impairments, is required to be in conformity with the law, including
international law, offering the same substantive and procedural guarantees available to
others and consistent with the right to humane treatment and the inherent dignity of the
person.
40.
Persons with disabilities are entitled to be treated on an equal basis with others, and
not to be discriminated against on the basis of disability. Protection from violence, abuse
and ill-treatment of any kind must be ensured.
41.
Persons with disabilities are entitled to request individualized and appropriate
accommodations and support, if needed, to exercise the right to challenge the arbitrariness
and lawfulness of their detention in accessible ways.
11
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