A/74/136
children arrived there, and conduct an independent review of each institution.
States should operationalize a system of registration, licensing, regulation and
inspection which ensures that providers of alternative care meet internationally
recognized standards.
131. States shall ensure that children being placed in hospitals, psychiatric
facilities and rehabilitation centres, including for substance abuse, be properly
counted and included in systemic transformation and deinstitutionalization
efforts.
5.
Armed conflict
132. The Independent Expert recommends that children detained for association
with armed groups be first and foremost recognized by States as victims of grave
human rights abuses, and that their recovery and reintegration shall have
absolute priority.
133. In line with the Paris Principles and Guidelines on Children Associated with
Armed Forces or Armed Groups of 2007, States should not detain, prosecute, or
punish children who have been associated with armed forces or armed groups
solely for their membership in such forces or groups.
134. States should adopt and implement standard operating procedures for the
immediate and direct handover of children from military custody to appropriate
child protection agencies.
135. States should ensure that children formerly associated with armed forces
and armed groups receive appropriate rehabilitation and reintegration
assistance and, where possible and in the best interests of the child, family
reunification. Such assistance should take into account the specific situation and
needs of girls associated with armed forces and armed groups in order to
guarantee equal access to rehabilitation and reintegration assistance, as well as
tailored measures.
136. States and parties to armed conflict should not detain children arbitrarily,
including for alleged offences by family members, intelligence gathering,
ransom, prisoner swaps or for sexual exploitation.
6.
National security
137. The Independent Expert recommends that States facilitate the recovery and
reintegration of children recruited by non-State armed groups designated as
terrorist, recognizing such children as victims, and hold those who recruit and
use them to account.
138. States should explicitly exclude children from national counter-terrorism
and security legislation and ensure that children suspected of national security
offences are treated exclusively within child justice systems.
139. States should ensure that counter-terrorism legislation with penal sanctions
is never used against children peacefully exercising their rights to freedom of
expression, freedom of religion or belief, or freedom of association and assembly.
140. States should end all administrative or preventive detention of children and
extended pretrial detention for counter-terrorism purposes.
141. States should never use the gravity of an offence, even when linked to
national security, as a justification for lowering the minimum age of criminal
responsibility.
22/23
19-11838
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