Article 36
States Parties shall protect the child against all other forms of
exploitation prejudicial to any aspects of the child’s welfare.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman
or degrading treatment or punishment. Neither capital punishment nor
life imprisonment without possibility of release shall be imposed for
offences committed by persons below 18 years of age;
(b) No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall be in
conformity with the law and shall be used only as a measure of last resort
and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity
and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults
unless it is considered in the child’s best interest not to do so and shall
have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as the
right to challenge the legality of the deprivation of his or her liberty
before a court or other competent, independent and impartial authority,
and to a prompt decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect for rules of
international humanitarian law applicable to them in armed conflicts
which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons
who have not attained the age of 15 years do not take a direct part in hostilities.
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