A/64/215 18 can stay at a facility for juveniles if it is not contrary to the best interests of the younger children. 38 V. Conclusions and recommendations 80. Throughout his work as the Special Rapporteur on torture, the Special Rapporteur has found that international human rights standards in relation to conditions of detention, although they are clear in terms of the need to ensure respect for the dignity of detainees, are violated in an almost routine manner in many countries. This appears to be caused less by resource constraints than by the punitive approach of most criminal justice systems, though corruption clearly also plays a negative role. 81. In order to live up to their international obligations, States should therefore undertake comprehensive justice reforms and provide more resources to the administration of justice, with a view to legally empowering detainees so that they are able to challenge their situation. Other important elements for improving detention conditions are a truly independent judiciary and the creation of independent national monitoring mechanisms, inter alia, through the ratification of the Optional Protocol to the Convention against Torture, which requires the establishment of such mechanisms. The international donor community should, as a matter of priority, assist poorer States in their efforts to reform their judicial and penitentiary systems. 82. Conditions of detention should adequately address the needs of detainees, always with a view to full respect for their dignity. Liberty should be restricted to the least possible degree and follow the principle of minimization of the impact of deprivation of liberty with a view to full reformation and rehabilitation. The need for applying these principles is even more pressing in relation to children in detention and their educational and recreational rights. 83. On the occasion of the twentieth anniversary of the adoption of the Convention on the Rights of the Child, the Special Rapporteur wishes to recall that the language contained in the Convention is unambiguous when it comes to the detention of children. No child should be detained unless as a last resort. Detention should be only for the shortest appropriate time and should be imposed only if no other alternative measure contributes to the reintegration and rehabilitation of the child. 84. The Special Rapporteur would further like to call upon States to put the best interest of the child at the centre of their juvenile justice systems. Furthermore, he would like to remind States of the United Nations expert study on violence against children and the recommendations contained therein and call for their full implementation. 85. The Special Rapporteur would also like to recall that corporal punishment is inconsistent with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. States are under an obligation to fully __________________ 38 09-43792 See art. 37, para. (c) of the Convention on the Rights of the Child, Committee on the Rights of the Child, general comment No. 10, paras. 85 and 86; Havana Rules, rule 29; A/HRC/7/3/Add.3, appendix I, para. 48. For a good practice in this regard, see A/HRC/7/3/Add.7, para. 33. 23

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