CHILD SPECIFIC INDICATORS OF VISIT Do the disciplinary procedures provide sufficient guarantees and safeguards to the child? ASK: Director | Staff | Children CHECK: ʺʺ Notification, see whether the lawyer / legal assistant of the child has been notified of disciplinary measures taken ʺʺ Accessibility, see whether children have unrestricted access to their lawyer/counsel, whether they had the opportunity to meet, whether the lawyer / legal assist was present when the child has been heard by the competent authority ʺʺ Medical assistance, see whether children have access to a health professional and to a psychologist ʺʺ Review, see whether disciplinary measures are subject to regular review, how often and by whom ʺʺ Procedures, see whether disciplinary procedures comply with the presumption of innocence principle and with the adversarial principle; see whether the child and all the stakeholders had the opportunity to be heard about the misconduct concerned by an impartial authority, see whether a decision is taken by the authority after thorough examination of the case ʺʺ Right to defence, see whether it includes the right to complain and the right to appeal to an independent authority, see the conditions (delays, means, etc.) ʺʺ Recording, see whether there are complete records of all disciplinary proceedings and measures/sanctions (dates, facts, justifications, interviews, investigation, decision, appeal, notifications, etc.) ʺʺ Complaint, see whether the child has lodged any (formal or informal) complaint about disciplinary measures/sanctions 5 CRC 37 (d), 40§2(b)ii | RAJJ 7.1 | BOP 7 | RPJDL, 68, 70 | CRC - GC No 10, §12, §89 | SMR 41, 54-57 | EPR 58, 59, 61 | ERJO,93.2, 94.2, 94.3, 94.4 115

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