3. MONITORING MECHANISMS OF PLACES
WHERE CHILDREN ARE DEPRIVED OF THEIR
LIBERTY
“Independent and qualified monitors should be empowered to conduct
inspections on a regular basis and to undertake unannounced inspections
on their own initiative; they should place special emphasis on holding
conversations with children in the facilities in a confidential setting.”
UN Committee on the Rights of the Child, General Comment No 10
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3.1. The right-based approach of monitoring
The CRC sets the general framework of the rights granted to children and all the
above mentioned rules, standards and principles define their specific rights when
they are deprived of their liberty taking into account that, aside from the right to
liberty, they have the same rights as children living normal lives outside. These
include the right to survival and development, the right to non-discrimination,
the rights to participation and the right to have their best interests as a primary
consideration in all decision that affect them. Children’s rights are interdependent
and should be approached with a holistic perspective.
Above all, the CRC emphasises that children should only be deprived of their liberty
as a measure of last resort and for the shortest appropriate period of time; and the
explicit and over-riding purpose of depriving children of their liberty should be
to contribute to their education, rehabilitation and to prepare their reintegration
into society.
A right-based approach of monitoring, consisting of the consideration of children’s
rights and needs as a starting point, is the reference from which monitors should
perform their monitoring task in order to control the effective upholding of these
rights, safeguarding and enforcing on the one hand (protective / investigative role),
and ensuring that they are not violated or abused on the other hand (preventive role).
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