Wherever possible, arrangements should be made for children to be born in
hospitals outside the institution.497
57. Female staff should be present during interrogations of detainees and only
female staff should be permitted to conduct body searches on female
detainees.498 Detention of women in detention centres where male officers have
access or run exclusively by male officers can give rise to particular problems
and, in some cases, very serious abuse.499 For example a 17-year-old female
detainee was found to have been tortured having been detained by
gendarmerie in an unofficial and unacknowledged detention centre, isolated
from her father and sister-in-law (both detained with her), blindfolded, stripped,
sprayed with cold water, raped and beaten.500 It is difficult to see how any of
that could have occurred had proper safeguards including the ability to have
immediate access to counsel and effective judicial scrutiny been in place.
Juvenile detention
58. Some specific obligations also apply in relation to children. These are found,
principally, in the UN Convention on the Rights of the Child. The Convention
applies to children up to the age of 18, who would normally be regarded as
juveniles within most criminal justice systems.
59. Article 37 of the Convention emphasises that detention of children should be a
measure of last resort and used for the shortest possible period of time. 501 It
requires due account to be taken of their needs and states that they should be
kept separate from adults unless, as in the case of detention of their carer or
parents, it is considered in their best interests to be kept together.502
60. In addition, ‘each case shall from the outset be handled expeditiously, without
any unnecessary delay’,503 there should be a right of appeal to a prompt
decision (within two weeks after a challenge is made), and for effective
complaints procedures to be put in place.504
Persons with disabilities
61. Article 14 of the CRPD provides that states must ‘ensure that persons with
disabilities…are not deprived of their library unlawfully or arbitrarily, and that
any deprivation of liberty is in conformity with the law. …If persons with
disabilities are deprived of their liberty through any process, they are, on an
497
Rules 8(a), 23 and 53.
Human Rights Committee, General Comment No.16, HRI/GEN/1/Rev.6 at 142 (2003), para 8.
499 Observations by the Human Rights Committee, USA, UN Doc.CCPR/C/79/Add.50, 7 April 1995,
para 20.
500 Aydin v Turkey, 25 September 1997.
501 Convention on the Rights of the Child, Article 37(b).
502 See also UN Rules for the Protection of Juveniles Deprived of their Liberty, Rule 13; UN Standard
Minimum Rules for the Administration of Juvenile Justice, Rule 7.1.
503 UN Standard Minimum Rules for the Administration of Juvenile Justice, Rule 20.1.
504 Committee on the Rights of the Child, General Comment No.10, CRC/C/15/Add.193.
498
93
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