A/74/136
empower them to foster the physical, mental, spiritual, moral and social
development of their children, including children with disabilities.
100. In all decisions that may lead to the detention of children, the Independent
Expert calls upon States to most rigorously apply the requirement of article
37 (b) of the Convention on the Rights of the Child that deprivation of liberty
shall be applied only as a measure of last resort in exceptional cases, and that the
views of children shall be heard and taken duly into account.
101. The Independent Expert calls upon States to repeal all laws and policies
that permit the deprivation of liberty of children on the basis of an actual, or
perceived, impairment.
102. If detention is unavoidable under the particular circumstances of a case, it
shall be applied only for the shortest appropriate period of time. States have an
obligation to apply child-friendly conditions, without any discrimination.
Children shall not be exposed to neglect, violence, sexual abuse or exploitation,
ill-treatment, torture and inhuman conditions of detention. States should ensure
that children have access to essential services aimed at their rehabilitation and
reintegration into society, including education, vocational training, family
contacts, sports and recreation, adequate nutrition, housing and health care.
Health services in detention shall be of a standard equivalent to that available in
the community at large.
103. Since children have the right under article 12 of the Convention on the
Rights of the Child to actively participate in all matters directly affecting their
lives, they shall be empowered to influence decisions relating to their treatment
and enjoyment of such essential services and have the right to effective remedies,
as well as to lodge complaints to an independent and impartial authority on any
grievances and human rights violations during detention. Furthermore, States
are strongly encouraged to ratify the third Optional Protocol to the Convention
on the Rights of the Child on a communications procedure, enabling children to
further seek redress for violations of their rights.
104. States are strongly encouraged to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and to establish independent and effective national preventive
mechanisms with a particular expertise, to conduct visits to places where
children are, or may be, deprived of liberty.
105. States should enhance the capacity, by means of investing in human
resources, awareness-raising and systematic education and training, of all
professionals who work with and for children in decisions leading to their
deprivation of liberty, and those who are responsible for their well-being while
in detention. This applies to the police, judges, prosecutors, prison guards,
psychiatrists, medical personnel, psychologists, educators, probation officers,
social workers, child protection and welfare officers, asylum and migration
personnel and any other individuals in contact with children at risk of
deprivation, or deprived, of liberty.
106. States are strongly encouraged to establish an appropriate system of data
collection at the national level, involving all relevant ministries and other State
agencies, coordinated by a focal point. Whenever possible, data on children
should be obtained directly from them in accordance with the principle of
informed consent and self-identification. When necessary, such information
should be supplemented by data concerning their parents or primary caregivers.
19-11838
19/23
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